Client Agreement
- Introduction
- Commencement
- The Services We Provide
- Risk Disclosure
- Electronic Trading
- Disclaimers
- Withdrawals
- Non-deposited Funds
- Understanding Of Both Parties
- Authorization To Trade
- Governmental Counterparty Institution And Interbanking System Rules
- Margins And Deposit Requirements
- Rollovers And Delivery
- Collateral And Lending Agreement
- Liquidation Of Accounts
- Statement And Confirmation
- Communications
- Our Responsibilities
- Currency Fluctuation Risk
- Risk Acknowledgment
- Trading Recommendations
- Trader Representations And Warranties
- Disclosing Of Financial Information To Global Market Index Limited
- No Guarantees
- Joint Accounts
- No Waiver Or Amendment
- Governing Law And Jurisdiction
- Binding Effect
- Termination
- Indemnification
- Terms And Headings
- Recordings
- Interest/Premium
- Off-Exchange Transaction Disclosure
1. INTRODUCTION
1.1 This Client Agreement (“Agreement”) is entered by and between Global Market Index Limited hereinafter called “the Company” or “Global Market Index Limited ”) and the Client who has completed the online registration form with the title “Complete your Profile”.
1.2 Company Registration Number 336497.
1.3 This Client Agreement, the Terms of Business, the Risk Disclosure, the Complaints Management Policy, the Policy Statement, the Regulations for Non-Trading Operations, the Information on Anti–Money Laundering, the Agreement for Market Data Display Services, the Cookie Policy, (collectively, the “Operative Agreement” or “Agreements”), as well as any other document located in the “Policies and Regulation” section of the Website as these may be amended or supplemented from time to time, constitute the entire agreement between the Company and the Client. The Operative Agreements, as amended from time to time, set out the terms upon which the Company shall deal with the Client in respect of Instruments. By entering into this Agreement, the Client accepts and consents to the said agreements and policies.
1.4 The Operative Agreements shall govern all trading activity and non-trading operations of the Client with the Company and shall be read carefully by the Client. Amongst other things, they set out those matters which the Company is required to disclose to the Client under the applicable regulations.
1.5 The defined terms used in this Agreement are set out in Appendix A (“Interpretation of Terms”).
2. COMMENCEMENT
2.1 The Operative Agreements shall commence on the date on which the Client receives notice from the Company following Clause 3.1 and shall continue unless or until terminated by either party following clause 19.
2.2 This Agreement is an initial service agreement which relates to a series of successive or separate operations including, without limitation, Transactions in Instruments.
2.3 The Company is not to be required to (and may be unable to under Applicable Regulations) accept the Client as a Client until all documentation it requires has been received by the Company, properly and fully completed by the Client.
2.4 The Client may cancel/terminate the Agreement on a mutual basis. The Client and the Company may terminate their relationship by the means of both parties’ communication via email for any termination.
3. THE SERVICES WE PROVIDE
3.1 Global Market Index Limited employs its Account Executives and contracts with Authorized Service Providers (“ASPs”), Broker Representatives (“BRs”) and Account Executives to perform such services on a fee basis. These Broker Representatives and Account Executives are available to assist you in placing Global Market Index Limited Transactions orders in your account with Global Market Index Limited .
The market recommendations, if any, of any such entities are based solely on their judgment, and are not to be imputed to Global Market Index Limited . These market recommendations may or may not be consistent with the market analysis, positions, or intentions of Global Market Index Limited or its affiliates and employees. Any such market recommendations cannot constitute a guarantee of the accuracy or completeness thereof or eliminate the substantial and inevitable risks inherent in Global Market Index Limited Transactions. Any such market recommendations of, or information provided by, an ASP or BR does not constitute an offer to buy or sell, or the solicitation of an offer to buy or sell, any Currency position. Since the ASP or BR is compensated on a commission basis, they may have the incentive to recommend to you a volume of Global Market Index Limited Transactions that may not be in your best interests.
3.2 Global Market Index Limited does not permit an ASP, BR or any other person, to either exercise discretion over or manage a Global Market Index Limited Transactions Account, or hold a power of attorney over a Global Market Index Limited Transactions Account, unless approved, in advance by Global Market Index Limited , and only after proper documentation, in the form of the Limited Power of Attorney, Trading Authorization and Risk Disclosure contained in this booklet (the “Trading Authorization”), has been submitted to and approved by Global Market Index Limited in its sole and absolute discretion. Any such approval of a Trading Authorization shall involve no attempt by Global Market Index Limited to evaluate the suitability of the holder of the Limited Power of Attorney thereby granted to act as trader’s attorney-in-fact concerning the Account, and Global Market Index Limited shall in no way be responsible for the actions or recommendations taken or made by any such attorney-in-fact. If the trader’s Account is not being traded with the trader’s authorization, the trader must notify Global Market Index Limited immediately.
3.3 Traders must carefully review the reports relating to trading in the trader’s Account prepared and sent to traders by Global Market Index Limited . According to the trader Agreement, all reports of confirmation of orders and all statements of Account will be deemed final on the fourth (4th) calendar day after their transmittal to the trader, unless the trader objects to the contents of such reports within such five (4) day period to Global Market Index Limited at its principal place of business.
3.4 Trader has considered thoroughly and understands fully the trader’s obligations and rights under the following trader Agreement. The trader Agreement, including for this purpose the collateral documents entered into by the parties in connection therewith, will exclusively govern the trader’s relationship with Global Market Index Limited , except to the extent that applicable laws, rules and regulations are inconsistent with the terms thereof. trader agrees and acknowledges that the trader alone is fully responsible for making all final decisions as to Global Market Index Limited Transactions executed for the trader’s Account. The trader has considered the foregoing factors and given the trader’s present and anticipated financial resources, the trader is willing and able to assume the substantial financial risks attendant on Global Market Index Limited Transactions.
4. RISK DISCLOSURE
4.1 Leverage risks/effect
When making transactions in terms of leveraged trading, a relatively minor deviation of the rate can bring either considerable profit or losses. When the market moves against the Client, they can lose all the deposited funds.
The Client shall be fully liable for the allocation of their financial resources, and the relevant trading strategy, and shall take into account all leverage-related risks.
4.2 Technical Risks
The Client accepts the risks of financial losses incurred because of failures of information, communication, electronic and other systems.
The Client accepts the risks of financial losses, which can happen because of the malfunction of hardware and software facilities and poor communication on the Client’s side.
The Client bears responsibility for the financial losses incurred because of ignorance of the instructions presented in the Client’s Terminal Instruction Manual.
4.3 Communication Risks
The Client accepts the risks associated with unauthorized access to the information they sent (by electronic mail or using instant message service) in case it was sent unencrypted.
The Client accepts the risks of financial losses incurred as the result of delay or non-receipt by the Client of a message from the Company.
Client bears sole responsibility for the safety of confidential information received from the Company and accepts the risks of financial losses incurred as the result of unauthorized access of the third parties to the trading account.
4.4 Force Majeure
The Company holds no responsibility for any activity of the third
parties, which may influence the cooperation between the Company
and the Client.
The Client accepts the risks of financial
losses incurred as a result of force majeure circumstances:
hostility, terrorist acts, acts of God, trading halts at
financial markets, a sharp decrease of liquidity caused by
financial market instability, currency interventions,
legislation changes, changes of other parties’ conditions, etc.
The Company shall bear no responsibility before the Client for any actions, inactions or omissions of a third party and also for any losses incurred by the Client as a result of actions, inactions or omissions of a third party unless such losses directly arise from the Company’s willful default or fraud or gross negligence. The Company shall also bear no responsibility or liability for unfavourable consequences for the Client due to the insolvency/bankruptcy of a third party.
5. ELECTRONIC TRADING
The electronic trading system may differ not only from trading in the interbank market but also from trading on other electronic trading systems. If you undertake transactions on an electronic trading system, you will be exposed to risks associated with the system including the failure of hardware and software. The result of any system failure may be that your order is either not executed according to your instructions or is not executed at all.
6. DISCLAIMERS
Internet and System failures: Since gmifex.com does not control signal power, its reception or routing via the Internet, the configuration of your equipment or the reliability of its connection, we cannot be responsible for communication failures, distortions, or delays, when you trade on-line (via the Internet). Furthermore, any losses or foregone profits in the trader’s account are the responsibility of the trader but not gmifex.com, even if software, hardware, or other system failures or errors contributed to such losses or foregone profits
Market risks and on-line trading: Trading currencies involves
substantial risk which may not be suitable for everyone. See the
trader Agreement for a more detailed description of risks. No
matter how convenient or efficient, trading online does not
necessarily reduce the risks associated with currency
trading.
Password protection: The trader is obligated to
keep passwords secret and ensure that third parties do not
obtain access to the trading facilities. The trader will be
liable to gmifex.com for trades executed using the trader’s
password even if such use may be wrongful.
Quoting errors: Should quoting errors occur due to a dealer’s mistype of a quote, errors in an automatic price feed, or an erroneous price quote from a dealer, gmifex.com will not be liable for the resulting errors in account balances. Global Market Index Limited reserves the right to make the necessary corrections or adjustments to the account involved. Any dispute arising from such quoting errors will be resolved on a basis of a fair market value of a currency or CFD at the time such an error occurred.
7. WITHDRAWALS
According to generally acceptable AML rules and regulations, clients should withdraw funds only through the same bank account or credit/debit card or payment system account that was used to deposit the funds and the same currency.
In addition, when you deposit or withdraw money for trading purposes using alternative payment methods, you should be aware that additional fees and restrictions may apply.
Without derogating from the foregoing, Global Market Index Limited may execute withdrawals to a different facility than the one used for the deposit, subject to Anti Money-Laundering regulations.
Additional information and documents may be required to present from the client during the withdrawal process.
8. NON-DEPOSITED FUNDS
Funds appearing on the Client’s account may include agreed or voluntary bonuses or any other sums not directly deposited by the Client or gained from trading on account of actually deposited funds (“Non-Deposited Funds”).
Global Market Index Limited may provide bonuses which can be used according to the trader Agreement. All bonus funds fully belong to Global Market Index Limited broker and are considered as Non-Deposited (credited) Funds and can be cancelled at any time.
9. UNDERSTANDING OF BOTH PARTIES
In consideration of Global Market Index Limited broker ( hereinafter “gmifex.com”) agreeing to carry one or more accounts of the undersigned (“trader”) and providing services to trader in connection with the purchase and sale of Contracts For Difference (hereinafter referred to as “CFDs”), futures, indices, foreign exchange, and/or shares through the OTC market (hereinafter referred to as “OTC”), which may be purchased or sold by or through gmifex.com for trader’s accounts(s), trader agrees as follows:
10. AUTHORIZATION TO TRADE
Global Market Index Limited is authorized to purchase and sell OTC for the trader’s account(s) following the trader’s oral or written or computer instructions.
11. GOVERNMENTAL, COUNTERPARTY INSTITUTION AND INTERBANKING SYSTEM RULES
All transactions under this Agreement shall be subject to the constitution, by-laws, rules, regulations, customs, usage, rulings and interpretations of the counter-party institution or other interbank market (and its clearing organization, if any) where executed and to all applicable laws and regulations. If any statute shall hereafter be enacted or any rule or regulation shall hereafter be adopted by any governmental authority, or a contract market or clearing organization which shall be binding upon Global Market Index Limited and shall affect in any manner or be inconsistent with any of the provisions hereof, the affected provisions of this 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 Agreement and provisions so modified shall in all respects continue in full force and effect. trader acknowledges that all transactions under this Agreement are subject to the aforementioned regulatory requirements and the trader shall not thereby be given any independent legal or contractual rights concerning such requirements.
12. MARGINS AND DEPOSIT REQUIREMENTS
trader shall provide to and maintain with gmifex.com margin in such amounts and such forms as Global Market Index Limited , in its sole discretion, may require. Such margin requirements may be greater or less than the margins required by a counterparty bank. Global Market Index Limited may change margin requirements at any time. trader agrees to deposit by immediate wire transfer such additional margin when and as required by Global Market Index Limited and will promptly meet all margin calls in such mode of transmission as Global Market Index Limited in its sole discretion designates. Global Market Index Limited may at any time proceed to liquidate the trader’s account and any failure by Global Market Index Limited to enforce its rights hereunder shall not be deemed a waiver by Global Market Index Limited to enforce its rights thereafter. Global Market Index Limited retains the right to limit the amount and/or the total number of open positions which the trader may acquire or maintain at Global Market Index Limited , and to increase margin requirements on individual share CFDs in advance of earnings or other news or events, with or without notice, either before such events or retroactively.
Global Market Index Limited will attempt to execute all orders that it may, in its sole discretion, choose to accept following the oral or written or computer instructions of the trader. gmifex.com reserves the right to refuse to accept any order. However, Global Market Index Limited shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of Global Market Index Limited including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to a breakdown in or failure of any transmission or communication facilities.
13. ROLLOVERS AND DELIVERY
Concerning purchases or sales of Currencies through an OTC account, the trader agrees to instruct Global Market Index Limited as to the offset or rollover of a Currency position. Also, the trader’s account(s) shall be charged commissions (swap), at the broker’s rates (see Instrument Specification), upon the rollover of a Currency position. Unless an account is designated for physical delivery, currency transactions entered into with Global Market Index Limited will be cash settled only.
14. COLLATERAL AND LENDING AGREEMENT
All funds, securities, currencies, and other property of a trader which Global Market Index Limited or its affiliates may at any time be carrying for a trader (either individually, jointly with others, or as a guarantor of the account of any other person,) or which may at any time be in its possession or control or carried on its books for any purpose, including safekeeping, are to be held by Global Market Index Limited as security and subject to a general lien and right of set-off for liabilities of a trader to Global Market Index Limited whether or not Global Market Index Limited has made advances in connection with such securities, commodities, currencies or other property, and irrespective of the number of accounts a trader may have with Global Market Index Limited . The trader with this also grants Global Market Index Limited the right to pledge, re-pledge, hypothecate, invest or loan, either separately or with the property of other traders, to itself as a broker or to others, any securities or other property of the trader held by Global Market Index Limited as margin or security. Global Market Index Limited shall at no time be required to deliver to the trader the identical property delivered to or purchased by Global Market Index Limited for any account of the trader. This authorisation shall apply to all accounts carried by Global Market Index Limited for the trader and shall remain in full force until all accounts are fully paid for by the trader or notice of revocation is sent by Global Market Index Limited ’ head office.
15. LIQUIDATION OF ACCOUNTS
In the event of (a) the death or judicial declaration of incompetence of trader; (b) the filing of a petition in bankruptcy, or a petition for the appointment of a receiver, or the institution of any insolvency or similar proceeding by or against trader; (c) the filing of an attachment against any of trader’s accounts carried by Global Market Index Limited , (d) insufficient margin, or gmifex.com’s determination that any collateral deposited to protect one or more accounts of trader is inadequate, regardless of current market quotations, to secure the account; (e) trader’s failure to provide Global Market Index Limited any information requested pursuant to this agreement; or (f) any other circumstances or developments that Global Market Index Limited deems appropriate for its protection, and in Global Market Index Limited ’ sole discretion, it may take one or more, or any portion of, the following actions: (1) satisfy any obligation trader may have to gmifex.com, either directly or by way of guaranty of suretyship, out of any of trader’s funds or property in its custody or control; (2) sell any or purchase any or all Currency contracts, securities held or carried for trader; and (3) cancel any or all outstanding orders or contracts, or any other commitments made on behalf of trader. Any of the above actions may be taken without the demand for margin or additional margin, without prior notice of sale or purchase or other notice to the trader, trader’s representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be solely trader’s or held jointly with others. In liquidation of the trader’s long or short positions, Global Market Index Limited may, in its sole discretion, offset in the same settlement or it may initiate new long or short positions to establish a spread or straddle which in Global Market Index Limited ’ sole judgment may be advisable to protect or reduce existing positions in trader’s account. Any sales or purchases hereunder may be made according to gmifex.com’s judgment and at its discretion with any interbank or other exchange markets where such business is then usually transacted or at a public auction or private sale, and Global Market Index Limited may purchase the whole or any part thereof free from any right of redemption.
16. STATEMENT AND CONFIRMATION
Reports of the confirmation of orders and statements of accounts for the trader shall be deemed correct and shall be conclusive and binding upon the trader if not objected to immediately upon receipt and confirmed in writing within (2) working days after transmittal to the trader by mail or otherwise. Margin calls shall be conclusive and binding unless objected to immediately in writing. Written objections on the trader’s part shall be directed to Global Market Index Limited ’ official email addresses posted on the site of Global Market Index Limited and shall be deemed received only if mailed by registered mail, with respective written confirmation from Global Market Index Limited . Failure to object shall be deemed ratification of all actions taken by Global Market Index Limited or Global Market Index Limited ’ agents before the trader’s receipt of said reports. trader’s failure to receive a trade confirmation shall not relieve the traders of the obligation to object as set out herein.
17. COMMUNICATIONS
Reports, statements, notices and any other communications may be transmitted to such address as the trader may from time to time designate in writing to Global Market Index Limited . All communications so sent, whether by mail, telegraph messenger or otherwise, shall be deemed transmitted by Global Market Index Limited when deposited in the mail, or when received by a transmitting agent, and deemed delivered to the trader personally, whether received by the trader or not.
18. OUR RESPONSIBILITIES
Global Market Index Limited 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 any other cause beyond Global Market Index Limited ’ control or anticipation. Global Market Index Limited shall only be liable for its actions directly attributable to negligence, willful default or fraud on the part of Global Market Index Limited . Global Market Index Limited shall not be liable for losses arising from the default of any agent or any other party used by Global Market Index Limited under this agreement. As OTC is not an exchange-traded market, prices at which Global Market Index Limited deals or quotes may or may not be similar to prices at which other OTC market makers deal or quote.
19. CURRENCY FLUCTUATION RISK
If the trader directs Global Market Index Limited to enter into any currency forex transaction: (a) any profit or loss arising as a result of a fluctuation in the exchange rate affecting such currency will be entirely for the trader’s account and risk; (b) all initial and subsequent deposits for margin purposes shall be made in U.S. dollars, in such amounts as Global Market Index Limited may in its sole discretion require; and (c) Global Market Index Limited is authorised to convert funds in trader’s account for margin into and from such foreign currency at a rate of exchange determined by gmifex.com in its sole discretion based on the then prevailing money market rates.
20. RISK ACKNOWLEDGMENT
The trader acknowledges that investment in leveraged and non-leveraged transactions is speculative, involves a high degree of risk, and is appropriate only for persons who can assume the risk of loss of their entire margin deposit. trader understands that because of the low margin normally required in OTC trading, price changes in OTC may result in significant losses. trader warrants that the trader is willing and able, financially and otherwise, to assume the risk of OTC trading, and in consideration of Global Market Index Limited ’ carrying his/her account(s), the trader agrees not to hold Global Market Index Limited responsible for losses incurred through following its trading recommendations or suggestions or those of its employees, agents or representatives. trader acknowledges that trader has received no such guarantees from Global Market Index Limited or from any of its representatives or any introducing agent or other entity with whom trader is conducting his/her Global Market Index Limited account and has not entered into this agreement in consideration of or in reliance upon any such guarantees or similar representations.
21. TRADING RECOMMENDATIONS
(a) trader acknowledges that
(i) any market recommendations and information communicated to the trader by Global Market Index Limited or by any person within the company, does not constitute an offer to sell or the solicitation of an offer to buy any OTC contract,
(ii) such recommendation and information, although based upon information obtained from sources believed by Global Market Index Limited to be reliable, may be based solely on a broker’s opinion and that such information may be incomplete and may be unverified,
(iii) Global Market Index Limited makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the trader. trader acknowledges that Global Market Index Limited and/or its personnel, directors, affiliates, stockholders or representatives may not be consistent with recommendations furnished to the trader on behalf of Global Market Index Limited . trader acknowledges that Global Market Index Limited makes no representations concerning the tax implications or treatment of contracts;
(b) trader further acknowledges that should the trader grant trading authority or control over the trader’s account to a third party (“Trading Agent”), whether on a discretionary or non-discretionary basis, Global Market Index Limited shall in no way be responsible for reviewing the trader’s choice of such Trading Agent nor making any recommendations with respect thereto. trader understands that Global Market Index Limited makes no warranties nor representations concerning the Trading Agent, that Global Market Index Limited shall not be responsible for any loss to the trader occasioned by the actions of the Trading Agent and that gmifex.com does not, by implication or otherwise, endorse or approve of the operating methods of the Trading Agent. If the trader gives the Trading Agent authority to exercise any of its rights over the trader’s account(s), the trader understands that trader does so at the trader’s own risk.
(c) The trader confirms that all trading and financial transactions are carried out under the jurisdiction of Global Market Index Limited .
22. Trader REPRESENTATIONS AND WARRANTIES
Trader represents and warrants that:
(a) The trader is of sound mind, legal age and legal competence;
(b) No person other than the trader has or will have an interest in the trader’s account(s); and,
(c) The trader hereby warrants that regardless of any subsequent determination to the contrary, the trader is suitable to trade OTC and is a sophisticated institution and/or institutional participant; and,
(d) The trader is not now an employee of any exchange, any corporation in which any exchange owns a majority of the capital stock, any member of any exchange and/or firm registered on any exchange, or any bank, trust, or insurance company, and if trader becomes so employed, the trader will promptly notify Global Market Index Limited in writing of such employment; and,
(e) All the information provided in the information portion of this booklet is true, correct and complete as of the date hereof and the trader will notify Global Market Index Limited promptly of any changes in such information.
23. DISCLOSING OF FINANCIAL INFORMATION TO Global Market Index Limited
The trader represents and warrants that the financial information disclosed to Global Market Index Limited in this document is an accurate representation of the trader’s current financial condition. The trader represents and warrants that the trader has very carefully considered the portion of the trader’s assets that the trader considers to be Risk Capital. The trader recognizes that Risk Capital is the amount of money the trader is willing to put at risk and if lost would not, in any way, change the trader’s lifestyle. The trader agrees to immediately inform Global Market Index Limited if the trader’s financial condition changes in such a way as to reduce the trader’s Net Worth, Liquid Assets or Risk Capital.
24. NO GUARANTEES
trader acknowledges that the trader has no separate agreement with the trader’s broker or any gmifex.com employee regarding the trading in the trader’s Global Market Index Limited account, including any agreement to guarantee profits or limit losses in the trader’s account. trader understands that trader must authorize every transaction before its execution unless the trader has delegated discretion to another party by signing Global Market Index Limited ’ limited trading authorization, and any disputed transactions must be brought to the attention of Global Market Index Limited ’ employees according to the notice requirements of this trader Agreement. The trader agrees to indemnify and hold Global Market Index Limited harmless from all damages or liability resulting from the trader’s failure to immediately notify Global Market Index Limited ’ employees of any of the occurrences referred to herein. All notices required under this section shall be sent to Global Market Index Limited at its head office.
25. JOINT ACCOUNTS
All transactions correspond to the “trader Account Letter” and “trader Agreement”. Each tenant has the authority:
a) To trade for the account with restraint to the agreements of
the account,
b) To receive all correspondence and documents
concerning the account,
c) To receive or withdraw money from
the account,
d) To execute agreements relating to the
account, and
e) To deal with Global Market Index Limited fully.
Global Market Index Limited has the authority to require joint action by the parties of the account in matters of the account. gmifex.com has possession over the security of the account individually or jointly. If a death occurs to one or more of the tenants, gmifex.com shall be notified in writing and shown proof of a death certificate. All expenses due at the date of notification of gmifex.com shall be charged to the account. Unless Joint Account Allocation Addendum is completed, then each tenant is presumed to have an equal share.
26. NO WAIVER OR AMENDMENT
No provision of this Agreement may be waived or amended unless the waiver or amendment is in writing and signed by both the trader and an authorized officer of Global Market Index Limited . No oral agreements or instructions to the contrary shall be recognized or enforceable. This instrument and the attachments hereto embody the entire agreement of the parties, superseding any prior written and oral agreements and there are no other terms, conditions or obligations other than those contained herein.
27. GOVERNING LAW AND JURISDICTION
This Agreement, the rights and obligations of the parties hereto, and any judicial or administrative action or proceeding arising directly or indirectly hereunder or in connection with the transactions contemplated hereby, whether brought by trader or Global Market Index Limited , shall be governed by, construed and enforced in all respects by the laws.
28. BINDING EFFECT
This Agreement shall be continuous and shall cover, individually and collectively, all accounts of the trader at any time opened or reopened with Global Market Index Limited irrespective of any change or changes at any time in the personnel of Global Market Index Limited or its successors, assigns, or affiliates. This Agreement including all authorizations, shall inure to the benefit of Global Market Index Limited and its successors and assigns, whether by merger, consolidation or otherwise, and shall be binding upon the trader and/or the estate, executor, trustees, administrators, legal representatives, successors and assigns of trader. trader hereby ratifies all transactions with gmifex.com effected before the date of this Agreement and agrees that the rights and obligations of the trader in respect thereto shall be governed by the terms of this Agreement.
29. TERMINATION
This Agreement shall continue in effect until termination, and may be terminated by the trader at any time when the trader has no open Currency position(s) and no liabilities held by or owed to Global Market Index Limited upon the actual receipt by Global Market Index Limited at official email addresses posted on the site of Global Market Index Limited of written notice of termination and deemed received only if mailed by registered mail, with respective written confirmation from Global Market Index Limited , or at any time whatsoever by Global Market Index Limited upon the transmittal of written notice of termination to the trader at trader’s email address; provided, that such termination shall not affect any transactions previously entered into and shall not relieve either party of any obligations set out in this agreement nor shall it relieve trader of any obligations arising out of any deficit balance.
30. INDEMNIFICATION
The trader agrees to indemnify and hold Global Market Index Limited , its affiliates, employees, agents, successors and assigns harmless from and against any liabilities, losses, damages, costs and expenses, including attorney’s fees, incurred by Global Market Index Limited arising out of the trader’s failure to fully and timely perform trader’s agreements herein or should any of the representations and warranties fail to be true and correct. trader also agrees to pay promptly to Global Market Index Limited all damages, costs and expenses, including attorney’s fees, incurred by Global Market Index Limited in the enforcement of any of the provisions of this Agreement and any other agreements between Global Market Index Limited and trader.
31. TERMS AND HEADINGS
The term “Global Market Index Limited », its successors and assigns; the term “trader” shall mean the party (or parties) executing the Agreement; and the term “Agreement” shall include all other agreements and authorizations executed by the trader in connection with the maintenance of the trader’s account with gmifex.com regardless of when executed. The paragraph headings in this Agreement are inserted for convenience of reference only and are not deemed to limit the applicability or affect the meaning of any of its provisions.
32. RECORDINGS
The trader agrees and acknowledges that all conversations regarding the trader’s account(s) between the trader and Global Market Index Limited personnel may be electronically recorded with or without the use of an automatic tone warning device. the trader 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 the trader or Global Market Index Limited . The trader understands that Global Market Index Limited destroys such recordings at regular intervals following Global Market Index Limited ’ established business procedures and the trader hereby consents to such destruction.
33. INTEREST/PREMIUM
Interest on open positions held past 23:59 terminal time is paid daily, regardless of position direction.
34. OFF-EXCHANGE TRANSACTION DISCLOSURE
The acceptance of this Agreement gives acknowledgement that the trader has read understands, and gives authorisation to the following disclosure to trade currencies through the OTC foreign exchange market (“OTC”):
Global Market Index Limited may from time to time execute transactions as a trader’s agent on OTC foreign exchange market to trade currencies, according to an agreement between the interbank agent and Global Market Index Limited , and that a trade executed between one bank executes a trade onset by another banking agent. The trader understands that the trader may be giving up the right to have arbitration through the above paragraph on foreign exchanges.
All customer accounts will have their margin requirements established by the dealing desk at Global Market Index Limited .
Global Market Index Limited establishes all rules and provisions for customer
accounts, including but not limited to minimum account size,
investment period, commissions and incentive fees, or any other
financial arrangements.
It is the customer’s responsibility
to find out all necessary information about Global Market Index Limited and make
sure that all arrangements are discussed and clearly understood
before any trading activity.
All customers should be aware that guaranteeing any return is illegal. In addition, Global Market Index Limited is not responsible for any claims or assurances made by Global Market Index Limited , its employees and/or associates.
The trader acknowledges having received, read and understood the foregoing Trader Account Letter and Trader Agreement. The undersigned agrees to be bound by all of the terms and conditions hereof.