Terms and Conditions

Described herewith are the terms and conditions that apply on forex center (hereof: "the site"), as an I.B for GO FOREX ltd. and Forexcorp S.A. and its customers using the services of forex center. Your connection with forex center and Using any service of the forex center subject to your agreement and declaration that you (the "Client"), have read and agreed to these terms and conditions (The "Agreement").

Client responsibility:

Usage of forex center trading and other services (the "site services") is personal and permitted from age 18 and above. Forex center will have no responsibility for "the client" funds, trading platform, trades, or any other responsibility related to trades, trading platform or funds. All the responsibility will be directly for the customer. The client is responsible to make sure that there is no legal or other obstacle to its use of forex center services and that he has fulfil any legal demand. Forex center will not be responsible in any way to any damage and/or loss that occurred as a result of any breach of these Terms and Conditions.

Usage of forex center services is by a limited license given Go Forex and Forexcorp S.A. to the client. The license is personal, non transferable and is subject to this agreement. The Client may not transfer, assign, and enable other to make any use of the license or act in the client's account by someone other than the Client, and/or give the clients user-name and/or password to anyone. Any action taken in contradiction to this terms and any damage caused to the client, forex center and any third party, will be under the client's sole responsibility.

Advertisements and Links:

Forex center shall not be responsible, in any way, for advertisement content which appears on forex center website(s). The appearance of a commercial on the website does not imply the support of forex center and/or its responsibility and/or obligation towards its content, the advertised product or services, their quality or correctness. Any link from the website to an external website (the "External Website") does not imply that forex center is responsible or in control of the content and/or the activity of the External Website, and forex center shall not bear any liability with respect to issues related to External Websites.

The Client is not permitted to create links to the website’s pages and/or to copy parts and/or materials from the website. In general, the Client may not make any use of the website for any purpose except for the limited permissions granted and/or performance of transactions. In the event that Client has breached the aforesaid, his limited license to use the website shall expire immediately, and his ability to use the trading platform and forex center services shall cease.

All the information available on the site can be untrusted and not accurate. Forex Center does not guarantee that the information is correct or reflects the current market conditions. The customers must confirm the reliabilty of the information.

Financial knowledge of the client:

It is to be clear that the services provided by forex center are designated to clients that possess financial knowledge and experience, and can evaluate the risks involved in speculative trading in financial markets and in Capital Market trading in particular, which characterized by fast changes in the exchange rates, and can cause the loss of the deposit funds rapidly, including as a result of market conditions that does not allow executing of limit and stop orders.

By using Goforex/Forexcorp trading services, the client declares that he/she has former knowledge of Capital Market trading, is in a reasonably strong financial condition in relation s to the guarantee funds and can consider his trading actions and the risks involved before executing any trade.

Limitation of Liability:

It is hereby clarified forex center, its officers, employees, shareholders and any person acting on its behalf, operating on the website, do no claim to advise any person as regards the profitability of purchasing, selling, holding and investing in Capital Market. As such, all information on the website, its messages, data and any other materials published on the website should not be regarded as a recommendation or opinion as aforesaid and any person making any decision whatsoever based on the information appearing on the website does so at his own risk only. The user declares that it is aware that nothing on the website can serve to replace consultation which takes into account the particular needs and data of him or any person and that investment in Capital Market may lead to substantial financial losses. Forex center, its officers, employees and any person acting on its behalf operating on the website may have a personal interest in any matter which may appear on the website, and they may hold foreign currency and/or options on foreign currency.

The client must not consider as consulting or advising any information received by any person acting on behalf of Forex Center. The client must do his own evaluation of risk before performing any transactions.

The client is responsible for making sure that execution of transactions and use of the transaction system is not in violation of any applicable law and to make sure to fulfil any other legal obligation to which the client is subject and which stems from the use of this website and no use shall be made of the system in violation of any law. The client is solely responsible for all transactions in his account, including any transactions for deposit or withdrawal of funds by credit card, and is further responsible for the safeguarding of the password to his account. The client is solely liable for any damages incurred as a result of an action or omission on the part of the client which leads to improper and incorrect activity in his account.

Forex center reserves the exclusive right to immediately discontinue the client's use of the website and/or the trading system, at any time, and as per its sole discretion as to whether the user made improper and/or unreasonable use of the website and/or violated the terms of the use.

The client is aware that Goforex Ltd./Forexcorp S.A. have the right to do independent risk management. Goforex Ltd./Forexcorp S.A. can hold transactions/transfer transactions to other companies/banks due to her only decision.

It is further clarified, that forex center, its directors, officers, employees and agents are not liable in any case for any damages and/or expenses incurred by the client, including loss of profits and/or any other damages, direct and/or indirect and/or incidental, as regards the execution of transactions and forex center services, and the client hereby declares that he shall be solely liable for any risk incurred by himself through the use of the website and/or the trading system and/or forex center services.

Forex Center reserves the right to change the terms and conditions from time to time without previous notice.

Privacy Policy:

ForexCenter respects each individual's right to privacy. We value our relationship with you, and we take great pride in maintaining the privacy and therefore the loyalty of each individual client, by providing the required security. The provisions of this notice apply to former as well as current customers.

1. Personal Information:

In order to provide you with the very best service, when you apply to become a ForexCenter customer or open a live account, we will ask you for personal information. This information will assist us in evaluating your financial needs, processing your requests and transactions, keeping you informed about products and services that may be of interest to you, and providing you with a better customer experience.

2. Required Information May Include:

Application Information - full name, address, birth date, identitysocial security number, occupation, assets, and income.

Transaction Information - Information about your transactions with us and/or our affiliates, records of past communications. These may include: your account balances, trading activity, past inquiries and our responses.

Verification Information – This may be required to verify your identity, and may include passport or drivers license.

Note: Anti-Money Laundering ("AML") regulations and the USA Patriot Act requires financial institutions to collect information and take action, where necessary to verify a customer’s identity.

3. The Use of Cookies:

We use a technology called "cookies", which enables us to provide you a better experience in using our website by sending small text files from our servers to your computer. These cookies do not track your private information.

4. Sharing Information:

a. Affiliates

We may share some or all of the personal information described above with our affiliates in order to service client accounts or inform clients of new products and services. Our affiliates may include companies controlled or owned by us, as well as companies which have an ownership interest in our company. Our affiliates maintain the privacy of your information in the same manner and to the same extent as ForexCenter, and in accordance with this privacy policy.

b.Third Parties

ForexCenter do not disclose your personal information to third parties, except as described in this Policy. Third party disclosures may include sharing such information with non-affiliated companies that perform support services for your account or facilitate your transactions with ForexCenter, including those that provide professional, legal, or accounting services to ForexCenter. Non-affiliate companies that assist ForexCenter in providing services are required to maintain the confidentiality of such information to the extent they receive it and to use your personal information only in the course of providing such services and only for the purposes dictated by ForexCenter.

ForexCenter may also disclose a customer’s personal information to a third party in order to fulfill their instructions or pursuant to express consent. It is important to us that you know that ForexCenter will not sell your personal information.

c. Regulators

ForexCenter may disclose your personal information to third parties as permitted by, or in order to comply with, applicable laws and regulations. This may include disclosing personal information in order to cooperate with regulatory authorities and law enforcement agencies, as may be necessary to protect our rights or property.

5. Failure to Provide Personal Information:

You have a choice to supply any or all of the personal information required. However, missing information may result in our being unable to open or maintain your account and /or to provide you with our services.

6. Opt Out:

Should you choose to have your name and personal data removed from our database, you can do so by sending an email to privacy@ForexCenter.ro

7. Amendments:

Any amendments to our privacy policy that affect the personal information of users collected on our website will be notified to the users, within a reasonable time, via email. Users will have a choice whether or not we use the information in a different manner. Any amendments made by us that do not affect personal information will be posted on our website.

8. Contact Information:

Whether you wish to talk to us about our privacy policy or any other issue, the professional team at ForexCenter is available to assist you 24/7; please feel free to contact us via e-mail, postal address, phone and fax or use our chat facility to IM a customer service representative.

9. Trading Bonus:

All the bonuses provided by the companies are for trading margin and not for cashout.

Customer’s Agreement - Goforex

Between

Goforex Ltd. A private company, incorporated in,

Harlaw Chambers the Valley Anguilla British West Indies

(Hereinafter "The Company" or "GoForex" or "We")

And

First Name

Last name

Street

Zip Code

City

ID number

Home Phone

Work Phone

Mobile Phone

Fax

Email

(Hereinafter "You" or "The Customer")

(Hereinafter jointly "The Parties")

Preamble

Goforex is involved in the operation of online systems which enable the performance of transaction relation to the exchange rates of a variety of currencies in the international currency markets, financial instruments, derivatives and commodities, by the use of various platforms and brands ( hereinafter GoForex ). This agreement applies to the Internet website of Goforex ( hereinafter "The site") and Goforex systems inclusive ( as defined henceforth) and the electronic content and software included in the site’ which provides you information, in real time, about the exchange rate of international currencies’ financial instruments, derivatives and commodities and about Goforex systems (as defined henceforth) for the performance of trading transactions on foreign currencies, financial instruments, derivatives and commodities ( henceforth "The Services") and over any feature, content and/or services which Goforex may add or provide you in the future. Goforex is providing its services directly to its customers and/or by means of third parties authorized by it from time, to time to provide such services.

This agreement is intended to encompass the relationship between Goforex and the customer, in relation to the trading activity of the customer through Goforex, and among others to organize the issues and points which Goforex is required to fulfill in connection with this activity, according to law. The customer must carefully read the entire agreement, obtain al explanations and clarifications to his requests and to his full satisfaction, to understand and agree to its entire content and the implications thereof , prior to signing it.

The customer hereby states that al the details, information, the documents and documentation he provided to Goforex today are true, complete, and precise and updated. The customer is obligated to inform Goforex in writing of any change which will occur in the details supplied by him to Goforex. The customer declares that any copy of a document supplied by him to Goforex whether by mail, fax or another electronic means, is a genuine copy of the original document.

The preamble to this agreement and all the addendums are inseparable part of this agreement.

1. Definitions

The following terms in this agreement will have the significance written next to them, unless it was otherwise stated in this agreement:

1.1 "System" means an electronic system programmed to enable trading in services over the internet, including Goforex platforms as defined above.

1.2 "Rates" mean the exchange rates of foreign currencies and/or rates or prices of financial instruments, derivatives and commodities which the system offers and is based on indicative rates which the various financial systems provide, as the ongoing rates which are updated in the financial markets.

1.3 "Markets" mean the international financial markets in which are set the exchange rates of currencies, under free trade, prices of financial instruments, derivatives and commodities, and other markets in which different financial assets are traded.

1.4 "Business Day" means one calendar day which starts at 00:00 and end at 23:59, according to the local clock.

1.5 "Transaction" means buying/selling of a financial asset and/or commodity in consideration of quantity or set price, or buying/selling or exchange of one currency against another, in a particular business day.

1.6 "Closure" means the reverse transaction intended to close an open position (the sale of a financial asset that was bought earlier or vice versa) in the amount identical to that outlayed in the original transaction on the same business day.

1.7 "Rolling transaction" is a change of day in the value of the transaction which was opened for two business days from the day of its execution.

1.8 "Collateral" means the sums you deposited with Goforex after the deduction of losses and with the addition of gains derived from the transactions and after the deduction of withdrawals.

1.9 "Stop loss" means the rate in which a transaction will be executed, contrary to existing position, which was found to be under loss in comparison to the market rates.

1.10 "Limit" means the rate in which a transaction will be executed, contrary to an existing; position which is found to be in a gain, compared to the market.

1.11 "Trading Week", means the period in which transactions are executable through the system, which starts on the Sunday of each week at 22:00 GMT (Greenwich Time) and ends on Friday at 22:00 (Greenwich Time) of the same week.

2. Suitability of the customer and his competency to enter into agreements

The Goforex services are available and there for the use only of people and/or organizations which are authorized to enter into obligation agreements under the laws of the country of their residence. In addition the services are not available to users who are less than 18 years of age or in any other manner under the legal age (henceforth "Minors"). These services are also not available to people who are not judicially fit or not authorized to sign obligating agreements under the laws of the country of their residence. If you are a minor or judicially unfit, you can’t use this service. In order to remove any doubt, Goforex will not be responsible, in any shape or form, for any unauthorized use of its services by minors or those who are judicially unfit. It is the responsibility of the customer who uses Goforex services, to check and verify that this does not contradict any law or rule which he is subject to. In addition the customer must comply with any legal obligation he is subject to, or will be subject to in the future, as a result of this affiliation with Goforex and the use of its services. Furthermore, the services are available for use by people who have sufficient experience and knowledge in financial matters, to be able to asses the advantages and risks in the acquisition of financial contracts and the execution of transactions and who do it without the reliance on information included in the site. To remove any doubt Goforex is not obligated to verify and/or check whether you have the knowledge and/or sufficient experience as mentioned above, and will not be responsible for any damage and/or loss which was caused to you as a result of information and/or insufficient experience. In addition it is made clear that Goforex is not responsible for the accuracy of the information published by it on the site and/or any other media and any mention or publication of any information item must be regarded as unsubstantiated in regard to conducting the activity and risks by you. We emphasize to you that you must verify that all the information you need was checked by you through applying to external information sources, to your satisfaction, prior to any activity on your behalf within Goforex.

3. Customer’s account

3.1 With the signing of this agreement by the customer, Goforex or any agent on its behalf will open an account under the customer’s name in the trading system. The account and other relevant data will be according to the information supplied to Goforex by the customer. The customer must verify that the information provided to Goforex contains complete and precise data. It is emphasized that providing erroneous information might be considered a violation of the law and will result in the immediate freeze of the account or it deletion.

3.2 The customer is aware that Goforex will open a trading account for him only after the deposit of a minimal sum, which was set by Goforex, from time to time, according to its exclusive discretion.

3.3 With the consent of the customer to all the conditions of this agreement, the customer authorized Goforex or a qualified agent on its behalf, to perform for him orders and activities according to the customer’s instructions or according to instruction given by the customers authorized agents in writing and/or verbally, and all under the powers given to Goforex under this agreement.

3.4 In order to remove any doubt, the execution of any transaction in the accounts is subject to the deposit of the collateral. Goforex will not permit the execution of any transaction without the said deposit and/or if the deposit is not sufficient for the said transaction and the execution in this case will be subject to Goforex policy from time to time. To remove any doubt, if Goforex will permit you to perform transaction prior to a final confirmation that collateral was deposited in your account and tdiscovers that no collateral was deposited, Goforex will have the right to deduct from any profit which will be due to you from Goforex, the sum you were supposed to deposit in order to perform your activates in the system. Goforex will hold all the funds on your behalf and will be authorized to deposit them in any financial institution. If a transaction is executed and eventually found that there is not sufficient collateral to collect the transaction, Goforex retains the right to decrease the transaction and/or contact you in order to correct the collateral and / or demand from you full payment for any monetary shortage which might be caused as a result of the transaction development at any time. It is emphasized that this right by Goforex does not constitute an obligation and/or any responsibility to decrease a transaction of any kind and you will have no right to claim anything as per losses which occur due to it not being decreased, or if it was decreased.

3.5 To remove any doubt, it is hereby made clear that Goforex has the right, under its sole discretion and with an advance notice to the customer, to change, from time to time, the conditions which apply to the use of the system and the collateral sum required to execute transactions by you.

3.6 After the account is opened Goforex will issue you a personal ID code (hereinafter "Access Code") for your exclusive use in activating your account over the Internet. You are irrevocably hereby obligated to guard this access code, not to transfer it to another entity and waive any claims against Goforex in connection with an unauthorized use of the access code.

 

4. Goforex hereby obligates that:

4.1 It has the skills and the knowledge needed to provide the services.

4.2 It will not act as an agent or broker in the fulfillment or an order given by you for the execution of a transaction in the system.

4.3 Will not provide any consulting to any of its customers. Any information that may be found in Goforex site or in any other of its publications can’t be considered as financial advice or guidance for any purpose is it whatever it may be. Yet Goforex may, under your specific request, provide you with information related to foreign currencies, exchange rates, financial instruments, derivatives and commodities. It is hereby made clear that the checking into its accuracy and/or correctness is your sole responsibility.

4.4 Goforex will not expose information and details about its customers, unless so required by the law.

5. You hereby obligate that:

5.1 All the details you will provide to Goforex will be accurate, complete and that you are an adult above 18 years of age, fit and authorized to commit under the conditions of this agreement and that you are an investor with financial knowledge and experience, in order to understand and independently asses the risks involved in the actions resulting from this agreement.

5.2 You are the owner and sole beneficiary of the account.

5.3 You know that Goforex is unable to control your activities and therefore you must check the laws which apply to you and/or your activity, according to the rules of the place of your residence, and act according to them.

5.4 You understand that the laws regarding financial contract do differ from country to country and that it is your obligation to find that you are in full compliance with the laws, the rules and guidelines which belong to the country of your residence, as per the use of the site.

5.5 To remove any doubt, the actual ability to access Goforex site, does not imply that the services and your activity comply with all the laws, rules and guidelines practiced in the country of your residence.

5.6 You hereby confirm that you conducted the necessary investigation and found that there is no legal obstruction which prevents you from using the system or the execution of transaction as described in this agreement. It must be emphasized that the services should not be used where their use is illegal. Goforex retains the right to refuse and/or cancel services or part of to a customer, at any time, under its sole discretion and without the need to explain, among other in cases in which Goforex will discover that you are conducting activity which is not covered by law.

5.7 All the funds deposited in your account from time to time are from a legal source, are not the profits of crime or violation, including profits from dealing drugs or activity with other prohibited substances or profits derived from illegal trade in arms, unlawful gambling, prostitution, terror money etc. in addition you obligate to comply with all the instruction of the law which prohibits money laundering and you are aware that if Goforex will discover you violated your obligations as said and/or that your statements as said are inaccurate and/or un true, then an irrevocable instruction is given to Goforex to block the account from performing activities and report , if needed , to the authorities.

5.8 You are aware of the risks involved in the execution of transaction described in this agreement and that you have read and understood the addendum of risks disclosure, which is inseparable part of this agreement and agree to all its conditions.

5.9 You confirm that you are solely responsible for the acts and orders for performance in your account, whether performed by you personally or by and agent or a person with power of attorney or by Goforex reps who comply with your instructions. In addition you agree that Goforex and/or its rep and/or anyone on its behalf will not be liable to you in anyway for the results of such acts and/or instructions.

5.10 You are aware that Goforex does not supply any equipment and it is not a provider of Internet services and therefore will not be liable directly or indirectly, for any failure of your terminal equipment, or any other equipment which was not supplied by Goforex and/or any other fault, including the connection to the Internet and/or any computer software or bugs and / or errors in the software, including delay in the transfer of your instructions or their late receipt. You will be responsible to provide and maintain the means by which you will access the site, including a personal computer, modem telephone or any other access line. You will be responsible for the fees, usage cost, license, operation etc. which require payment for the purpose of access and service needed for the connection with the site. You will accept all the charges resulting from access to these systems. You undertake all the risks connected with the use and storage of information in your personal computer or any other computer, with which you will access the site and the service (hereinafter "The computer" or "Personal Computer") You declare and obligate that you already perfumed and/or intend to perform and maintain an adequate protection as per the access and control of the computer, computer viruses, material, installations, information or data which might be damaging or unfit. You agree that Goforex will not be liable to you in anyway in the event of failure or damage or destruction in the computing system, data or your records, or part of them or due to delays, loss, errors, and missions as a result of the fault or the incorrect treatment of telephonic equipment, computer or software. That you will not transfer in anyway, directly or indirectly to Goforex and will not expose it or any of its online service providers, to any virus or inappropriate installation which may be damaging in the same way.

5.11 You are aware that Goforex does not represent, commit or guarantee that:

5.11.1 You will be able to access the site, or use it in the times and location which you choose or that Goforex will have the capacity in the site in general, or in any geographical location the site will provide uninterrupted service and error free.

5.11.2 In addition you are aware that Goforex will not be responsible for the inability to execute instructions and requirements due to failure in the operation of the information’s systems that was caused by defects of any kind.

5.12 You will report your activity to and government authority or other tax authority, as you may be required under the laws that apply to you or the country of your residence and that you will pay all government taxes, fees, tolls ands debts connected with the activity in your account, including required deductions and you hereby remove any claim against Goforex in this regard. In spite that is said in this section, if and in case that it may be found Goforex must withhold tax in lieu of your activity, you give Goforex, a priori, you consent to withhold the sums required by the law.

5.13 You have read the entire agreement and understood its content and implications, including the risk of losing the full collateral, prior to accepting it conditions.

5.14 That you know Goforex is not acting as a portfolio consultant and/or portfolio manager.

5.15 That you are aware that all the rate which are shown in the trading system are indicative based on updated trading rates from the international currency markets. You are aware and consent that Goforex does not and can’t have complete and absolute obligation to execute any of your instructions, under the indicative rates displayed in the trading system. Only a final confirmation of the execution of a transaction is proof of execution of your instruction.

5.16 You are aware that Goforex will not be liable, in anyway, due to claims, legal suits, disputes, losses, expenses, damages etc, which you will incur as a result of relying on any information supplied by Goforex.

6. Collateral

6.1. In order for you to start using the system to perform transactions, you are required to deposit funds in a bank account, which Goforex will prove you its details, so it can serve as collateral for the transactions described in this agreement.

6.2. Goforex will have all the rights and authority as per the collateral, till you withdraw it. Goforex will have the right to act on the collateral fund to realize its rights under this agreement, including the realization or forfeiture of part or all of the collateral funds.

6.3. Any gain accumulated by your transactions, will be added to your account, as complementary collateral. Any loss caused by your transactions will be deducted from your account.

6.4. To remove any doubt, the positive balance in your account will generate no interest.

7. Additional deposits, withdrawal and account closure

7.1 Any instruction to withdraw the available collateral at a given time, whether partially of in full, including all the accumulated profits (but not future profits) – will be sent by you on the form for fund withdrawal, which shows as addendum c to this agreement. This instruction must be given to Goforex in advance of at least 7 business days.

7.2 You are entitled to deposit in your account more funds that will serve as collateral to the transactions. Terms of this agreement will apply to all funds so deposited.

8. Legally authorized agent

8.1 You are agreeing that your legally authorized marketing company will be "Forex Center ".

8.2 Instructions which will be sent verbally or in writing for the performance of a transaction, by your authorized agent, will obligate you and Goforex, for any cause and purpose.

9. Recording of phone conversations and keeping records.

9.1 Goforex or/ and agent on its behalf have the right (but not the obligation) to record and/or to document any phone conversation. The customer agrees that Goforex will record the phone conversation, without any automatic sound alert mechanism, and he will have no objection or claim in this regard.

9.2 Goforex will keep copies of any written instruction obtained from you for a period it will set under its exclusive discretion. Furthermore, Goforex will maintain records of all your transactions.

9.3 Goforex has the authority, but is not obligated, to use some of the recordings / records, for any purpose that seems fit to Goforex, including the resolution of disputes which might arise between the parties.

9.4 It is explicitly made clear that all the recordings and/or the documentation are the exclusive property of Goforex and it will have not obligation to transfer a copy to any factor, excluding when required to do so by a government authority.

10. Risks and liability

10.1 All the transactions will be done at your risk and by you. Goforex will not be liable for any loss, damage or debt you will incur as a direct or indirect result of activities which will be executed according to this agreement. In order to remove any doubt, in any event, any sum you will claim from Goforex will not exceed the sum of the collateral.

10.2 You hereby declare that you are aware that a basic and prior precondition to this agreement relates to the right of Goforex to close at any time, without prior notice, any transaction you performed, if your portfolio shows low value of collateral, as computed towards the fluctuations in the exchange rates which were presented by the financial information systems.

10.3 If Goforex provided the customer with credit, under his request, Goforex will be entitled, under its exclusive discretion, to close any transaction or part of the open transactions of the customer and the customer will have to pay Goforex any debt or loss which was caused from such activity.

10.4 The customer declares that it is impossible to provide responsibility for profit or no loss. The customer declares also that he received no such guarantee or promise form Goforex or from any of its directors, it employees or representatives and if he received such promise from anyone in Goforex, this promise must be regarded as illegal and given without authorization by Goforex. The customer declares that he did not enter this agreement based on responsibility or promise or any such representation for profit or loss.

11. Reports and confirmations

11.1 Under your request, Goforex or anyone on it behalf, will provide you’re with reports of your transactions and the current sum of your collateral.

11.2 Reports of orders confirmation given by the customer and statements of the activity in the account, will be considered correct and obligating, if no objection was filed or a written dispute by the customer within 24 hours from their performance.

12. Comissions for performance, taxes, refund expenses and other taxes

12.1 Goforex has an opening commission, closing and running of transactions according to the rates shown in the updated company price list

12.2 Payment, refund and other taxes.

12.3 GoForex will have the right to receive a payment for various services provided, interest payments and bank commission refund, exchange rate commission etc.

13. Trading terms, opening, closure and transactions rolling

13.1 You are aware that the rates displayed on the trading system provided by Goforex, are indicative rates, based on updated trading rates from the international currency markets. You are aware and consent that Goforex does not have and can’t have complete obligation to perform each of your instructions (opening or closing) according to the indicative rates displayed in the trading system. Only a final confirmation of the execution of a transaction is proof of the execution of an instruction issued by you.

13.2 All your trading activity is done directly by you by means of the computerized trading systems. If the company will be asked by you to assist in connection with the activity and the acceptance of your instructions (to remove any doubt it does not mean consulting or trading activity in your place) all the assistance and involvement will be done by Goforex within the internal rules and guidelines of Goforex and according to the common customs which prevail in the international currency markets.

13.3 Opening of a transaction will be done under your instruction, subjected to the limitations of collateral balance in your account.

13.4 Closing of a transaction can be done in one of the three manners:

13.4.1 Closing initiated by the customer.

13.4.2 The trading rates reached the Stop Loss or Take profit levels’ as defined by the customer.

13.4.3 The total evaluation of the customer’s account reached the total collateral needed to maintain the transaction.

13.4.4 Any transaction closed within 120 seconds from opening time is shall be regarded as "Scalping". Goforex Ltd. shall reserve the right to cancel such transactions without prior notice.

13.4.5 In order to be intitled to cash out the credit given by the company, the client must trade a volume of 5000 times the deposited amount.

13.5 Rolling a transaction - in order to remove any doubt, any transaction will be rolled / renewed at the same rates every night at 22:00 GMT (Greenwich time), starting at the initial execution of the transaction and up to its expiration. Any transaction roll will charge or credit accordingly the customer’s account, with interest differences, according to the type of transaction and its direction.

14. Cessation of trading, stating inaccurate rates, Force Majeure, computer faults and communication

14.1 You are declaring here that of your awareness that the trading option provided by the system might be stopped or suspended at any time without prior notice, for reasons beyond the control of Goforex. In such events the customer must contact the trading room in order to provide instructions as per the open positions and the customer hereby waives any claim for damages / law suits / cause for legal action against Goforex in such cases and confirms that this waiver is a primary condition for the validity of this agreement

14.2 Goforex will carry no responsibility for any damage which the customer might incur, according to his claim, as a result of Force Majeure. And/or external event out of Goforex’s control.

14.3 Goforex will bear no responsibility for damage that will be caused to the customer, according to his claim, as a result of communications delays or faults in the Internet network, including computer crashes and other technical faults, whether their occurred at the phone company, service privders, copmuters of Internet providers, Goforex’s computers or the customer’s computers.

14.4 Goforex retains the right, as long as an advance notice was sent to you, to cancel any transaction which due to an error of any kind, whether in calculation, system error and/or human error, whether under Goforex control or not, was executed under a wrong exchange rate or at the time of the transaction did not reflect the exchange rate which existed at the time in the foreign currency markets.

15. Clearance and payments

A. no fund or assets will be transferred from one party to the other, in relation to any transaction, excluding the clearing of your losses by means of deductions by Goforex, from the collateral or profit payments which had accumulated in your account, by Goforex , or deposit of additional fund by you, to complete the collateral needed for the execution of the transaction.

B. To remove any doubt, a payment you will request from the balance in your account, will be transferred to you not later than 7 days from your request.

C. Withdrawal order – in the event you want to withdraw funds which accumulated in your account, you may have to fill, sign and return to Goforex, as a condition prior to the commencement of the processing of your request, the form "Request for Funds Withdrawal", which Goforex will provide you. Goforex will not release fund without this form, signed by you or your assigned representative.

D. You may pay Goforex with credit cards, subject to the rules of the applicable credit cards issuers.

16. Stop Loss order

16.1 The Stop Loss order will be executed at the exchange rate you typed. This kind of transaction will be made as a Market order immediately as soon as the exchange rate in the trading systems will be identical to the order you issued.

16.2 In spite of the said in section 16.1 above, Goforex can’t commit that the Stop Loss order will be always executed at the rate you defined, since there may be situations that due to market conditions (liquidity, extreme fluctuations, force majeure, opening of a new trading week in different rates than the closing rates of the previous week, Gap and more) the Stop Loss order can’t be executed at the rate you defined but at a deficient or better rate.

17. License awarding

Goforex is hereby awarding you a personal license , which is exclusive and nontransferable, to use Goforex platform connected with the license ( i.e. the software) including all the documentation files which accompany the software ( hereinafter "Documentation") on a single server ( if the software is server based) or a personal computer which will support the number of user simultaneously, for which you paid the license fee, and make one backup copy of the software and all this under condition:

A. That the software will be installed on one server or personal computer only.

B. That no change will be made in the software.

C. That the software will show all messages regarding copyright.

D. That you agree to be obligated under this agreement. The use of the software and the documentation will be by you only and exclusively for your transactions.

In addition to the above you commit not to perform a deep link to the site’ to sell or to permit others access to the site and not to copy materials which show on the site, in order to sell them to others or for any other purpose, without written permission from Goforex. In order to remove any doubt it is agreed that you will be obligated and liable for any use you will make of the site, in violation of this section above. You hereby agree to use the information received from the information systems of Goforex only for the purpose of performing transactions within the system or the site. In addition you hereby agree not to use any electronic communication feature of the service on the site for any illegal activity or activity which is offensive to a third party, harassing , libeling , defaming, confusing, uses profanity , threatens or incites. The license awarded to you according to this agreement will be terminated if Goforex believes that certain information you provided , including you email address, ceased from being updates or accurate, or if you did not comply in any other form one of the conditions of this agreement and the rules and guidelines of each of the services. You hereby agree that if such violation may occur, you will immediately cease access to the services. Further more, you agree that Goforex, under it exclusive discretion, with or without notice, will be allowed to terminate your access to one of the services, all or part and remove any information or content that was typed during the provision of services.

18. Ownership

The license which Goforex is awarding you, as mentioned in section 17 above, is to use the software, as long as you confirm and comply with all the conditions of this agreement or any other agreement you may be asked to confirm. The ownership rights over the software , the documentation and any spiritual asset in them will at all time belong to Goforex and any use of the software by a person, association, government, organization or any other entity is strictly prohibited and is a breach of this agreement.

19. Patent protection

The website, the software and the documentation contain material which is protected under the international copyright, under the laws of professional confidentiality and trade marks and under the international existing conventions. Any rights which were not given to you in this agreement are explicitly reserved for Goforex, or the licensing providers and its partners which belong to the subject. You will not be permitted to remove any message and/or tag stating the ownership right of Goforex from any copy of the software or the documentation.

20. Limitations

You are not allowed to advertise, present, disclose, rent, lease, change, lend, distribute or create derivative works based on the software or part thereof. You are not allowed to do reverse engineering, change editing, translate, adjust or dismantle the software and/or make any attempt to create the original code from the destination code of the software. You are permitted to transfer the software to other computers under your possession, as long as you use it only on one computer.

21 Hyperlinks

Goforex is allowed to provide links to other sites which are controlled by third parties or offered by them. A link to a site does not constitute endorsement, permission, sponsorship or affiliation regarding such a site, its owners or suppliers. You are herby stating that you will verify the risks involved in the use of these sites, before you will extract, use, buy or rely on certain data through the Internet. Link to these sites are provided only for your convenience. You agree that under no circumstances you will demand from Goforex reimbursement for any loss or damage which will be caused to you due to the use or reliance on any content, goods or services available in other sites and/or Goforex site.

22. Obligating version

. You hereby declare and acknowledge that Goforex is entitled to update and/or adjust and/or change the terms of this agreement, from time to time according to the activity needs of the site and its exclusive discretion, as long as the updated version will be published on the site and will be accessible by you. The obligating version of this agreement will be according to the updated version which is in effect at the relevant time.

23. Confidentiality

You acknowledge that the software contains patented professional secrets of Goforex and hereby agree to maintain confidentiality of the software, and use the same measures you deploy to safeguard the confidentiality of your most secret information. You hereby agree to relay in a reasonable manner the terms and basics of this agreement to people you employ and who come into contact with the software and make the best efforts to secure the compliance of these people to these conditions.

24. Limited liability

You carry the full risk resulting from the use of Goforex site and the software. The site and the software are given to you as is, without warrantee or any kind from Goforex, including the issue of products tradability or their compliance with a certain purpose. Subject to any law, Goforex does not provide any warranty of any type, explicit or implied, including implied warranty for the tradability of the products and their compliance with certain purpose. Goforex does not guarantee that the characteristics of the software will fulfill the requirements or needs you may have’ or that the software will function without errors’ or continuously or the defects or the errors in the software will be corrected, or that the software will be compatible with any particular platform. You hereby recognize that a normal procedure of data processing requires that any software, including this software, will be tried with data that is not of crucial importance, before you can rely on it and you take on yourself the full risk of using the software. Waiving of the responsibility by Goforex is a substantial condition of this license.

25. Limitation of liability

Under any circumstance Goforex, its employees, clerks, or directors liable to you or any third party, for occasional damages or indirect (including indirect, special, punitive or exemplary, due to business loss, loss of profits, cessation of business or loss of business information) which result from the use of or the inability to use the software, or due to a third party claim, even if Goforex was informed about the possibility of such damages.

26. Termination of agreement

A. Goforex is entitled to terminate this agreement at any time by sending you a message to that effect.

B. You can terminate this agreement immediately at any time by informing Goforex.

C. Termination of this agreement by either side will require the closure of all positions which are open, by performing the required transactions.

D. As of the date of your termination notice, you will not allow to perform new transactions.

27. Authority and litigation location

A. This agreement is governed by the laws of the British west indies . Each party irrevocably agrees that any claim, action or legal process regarding this agreement will be brought only in front the court in British west indies (henceforth "The Courts") and waive, subject to any law, any claim he may have against the site of litigation of any suit, action or procedure which will be conducted in these courts as mentioned and also any claim that a suit, action of procedure as mentioned, were brought to an inconvenient location for him.

B. Recognizes the authority of these courts

C. Will explicitly obey the exclusive judicial authority of these courts in any suit, action of procedure.

D. Any misinterpretation between English and Romanian version of this contract, the English version will be the one to follow.

28. Miscellanea

A. this agreement and all its sections, is the entire and exclusive agreement between the parties, in regard to the agreement’s issue and voids any prior and simultaneous arrangements, offers or representation , whether in writing or verbal, which were made between the parties and which relate to the subject at hand. If the customer is comprised of a few bodies or individuals, the terms of this agreement will obligate them jointly and separately

B. Any commitment under this agreement will be carried out by and between the parties. This agreement does not create any rights for and for the benefit of a third party, which is not part to this agreement.

C. Any repudiation, change or concession will not be accepted by contacts between the parties unless they terminated with a written document signed by the parties.

D. The signature of the customer on this agreement with the transfer of the collateral funds will constitute the acceptance of this agreement.

E. You are not allowed to transfer this agreement or any of your rights or obligations according to it to a third party.

F. Goforex is allowed to send you and messages and document in the mail, via messenger, email or fax, as it deemed appropriate. Any notice which will be sent to Goforex will be made via registered mail or by messenger. Such notice will go into effect once it is received by Goforex.

G. Goforex is entitled to transfer it rights and obligations under this agreement to any third party, including subsidiaries, Mother Company or Sister Company.

29. Customer’s declaration

I hereby declare that I have read the above agreement and its Disclosure of Risk factors addendum and understood completely its content and agree to the entire content and all the legal terminology, the limitation and conditions therein

Customer’s declaration (customer will hand write the above lines)

_____________________________________________________________

_____________________________________________________________

_____________________________________________________________

Customer’s name ________________________ ID ________________________

Location ______________________ Date ___________________

Customer’s signature ______________________________

Addendum A – disclosure of risk factors

Trading and the execution of financial transactions similar to those described and/or result from this agreement, with or without the use of high financial leverage, is speculative trading of high risk. You must consider carefully and seriously if this type of financial activity fits your needs, your financial resources and personal circumstances. Sine the risk of losing some of the invested funds, or all of them in a relative short period is high; it is recommended that you use for that purpose funds which you designated for speculative financial transactions of high risk. You must be particularly aware of the following points:

High financial leverage in trading of currency, commodities and other financial assets, is created based on collateral of a low sum related to the total transactions. The results of trading with high financial leverage are that a small change in the prices which exist in the market, within a short period of time, may cause substantial gain or loss, proportional to the size of the collateral, up to the total loss of the collateral sum in a very short period.

The fluctuation of the rates in the currency markets, commodities and financial derivatives are often sharp without the ability to forecast as per the size of the change, it direction and the time frame in which it occurs.

The warning which was detailed in this section of disclosure, does not cover althea possible risks connected with this type of transactions described and/or result from this agreement.

"I declare that I have read the Disclosure of Risk Factors addendum, I fully understood its content and I am ready to take on the risks detailed in it"

 

Customer’s Agreement

Between

Forexcorp S.A, A private company, incorporated in British overseas territories, (Hereinafteror  The Company ”or “Forexcorp S.A”or “We”)

And

First Name
Last name
Street
Zip Code
City
ID number
Home Phone
Work Phone
Mobile Phone
Fax
Email
(Hereinafter “You” or “The Customer”)
(Hereinafter jointly “The Parties”)

Preamble
Forexcorp S.A  is involved in the operation of online systems which enable the performance of transaction relation to the exchange rates of a variety of currencies  in the international currency markets, financial instruments, derivatives and commodities, by the use of various platforms and brands ( hereinafter Forexcorp S.A ). This agreement  applies to the Internet website of Forexcorp S.A. ( hereinafter “The site”) and Forexcorp S.A systems  inclusive ( as defined henceforth) and  the  electronic content and software included in the site’ which provides you information, in real time, about the exchange rate of international currencies’ financial instruments, derivatives and commodities and about Forexcorp S.A  systems (as defined henceforth) for the performance of  trading transactions on foreign currencies, financial instruments, derivatives and commodities ( henceforth “The Services”) and over any feature, content and/or services which Forexcorp S.A may add or provide you in the future.  Forexcorp S.A is providing its services directly to its customers and/or by means of third parties authorized by it good time, to time to provide such services.
This agreement is intended to encompass the relationship between Forexcorp S.A. and the customer, in relation to the trading activity  of the customer through Forexcorp S.A., and among others to organize the issues and points  which Forexcorp S.A. is required to fulfill in connection with this activity, according to law. The customer must carefully read the entire agreement, obtain all explanations and clarifications to his requests and to his full satisfaction, to understand and agree to its entire content  and the implications thereof , prior to signing it.
The customer hereby states that all the details, information, the documents and documentation he provided to Forexcorp S.A. today are true, complete, and precise and updated. The customer is obligated to inform Forexcorp S.A. in writing of any change which will occur in the details supplied by him to Forexcorp S.A.. The customer declares that any copy of a document supplied by him to Forexcorp S.A. whether by mail, fax or another electronic means, is a genuine copy of the original document.
The preamble to this agreement and all the addendums are inseparable part of this agreement.

  1. Definitions

    2. The following terms in this agreement will have the significance written next to them, unless it was otherwise stated in this agreement:

    1. “System” means an electronic system programmed to enable trading in services over the internet, including Forexcorp S.A platforms as defined above.
    2.  “Rates” mean the exchange rates of foreign currencies  and/or rates or prices of financial instruments, derivatives and commodities  which the system offers and is based  on indicative rates which the various financial systems provide, as the ongoing rates which are updated in the financial markets.
    3.  “Markets” mean the international financial markets in which are set the exchange rates of currencies, under free trade, prices of financial instruments, derivatives and commodities, and other markets in which different financial assets are traded.
    4.  “Business Day” means one calendar day which starts at 00:00 and end at 23:59, according to the local clock.
    5. “Transaction” means buying/selling of a financial asset and/or commodity in consideration of quantity or set price, or buying/selling or exchange of one currency against another, in a particular business day.
    6. “Closure” means the reverse transaction intended to close an open position (the sale of a financial asset that was bought earlier or vice versa) in the amount identical to that outlayed in the original transaction on the same business day.
    7. “Rolling transaction” is a change of day in the value of the transaction which was opened for two business days from the day of its execution.
    8. “Collateral” means the sums you deposited with Forexcorp S.A after the deduction of losses and with the addition of gains derived from the transactions and after  the deduction of withdrawals.
    9. “Stop loss” means the rate in which a transaction will be executed, contrary to existing position, which was found to be under loss in comparison to the market rates.
    10.  “Limit” means the rate in which a transaction will be executed, contrary to an existing; position which is found to be in a gain, compared to the market.
    11.  “Trading Week”, means the period in which transactions are executable through the system, which starts on the Sunday of each week at 22:00 GMT (Greenwich Time) and ends on Friday at 22:00 (Greenwich Time) of the same week.
  2. Suitability of the customer and his competency  to enter into agreements

    3.    Forexcorp S.A services are available and there for the use only of people and/or organizations which are authorized to enter into obligation agreements under the laws of the country of their residence. In addition the services are not available to users who are less than 18 years of age or in any other manner under the legal age (henceforth “Minors”). These services are also not  available to people who are not judicially fit or not authorized to sign obligating agreements under the laws of the country of their residence. If you are a minor or judicially unfit, you can’t use this service. In order to remove any doubt, Forexcorp S.A will not be responsible, in any shape or form, for any unauthorized use of its services by minors or those who are judicially unfit. It is the responsibility of the customer who uses Forexcorp S.A. services, to check and verify that this does not contradict any law or rule which he is subject to. In addition the customer must comply with any legal obligation he is subject to, or will be subject to in the future, as a result of this affiliation with Forexcorp S.A. and the use of its services. Furthermore, the services are available for use by people who have sufficient experience and knowledge in financial matters, to be able to asses the advantages and risks in the acquisition of financial contracts and the execution of transactions and who do it without the reliance on information included in the site. To remove any doubt Forexcorp S.A is not obligated to verify and/or check whether you have the knowledge and/or sufficient experience as mentioned above, and will not be responsible for any damage and/or loss which was caused to you as a result of information and/or insufficient experience. In addition it is made clear that Forexcorp S.A is not responsible for the accuracy of the information published by it on the site and/or any other media and any mention or publication of any information item must be regarded as unsubstantiated in regard to conducting the activity and risks by you. We emphasize to you that you must verify that all the information you need was checked by you through applying to external information sources, to your satisfaction, prior to any activity on your behalf within Forexcorp S.A..

  3. Customer’s account

    4.              3.1 With the signing of this agreement by the customer, Forexcorp S.A or any agent on its behalf will open an account under the customer’s name in the trading system. The account and other relevant data will be according to the information supplied to the company by the customer. The customer must verify that the information provided to the company contains complete and precise data. It is emphasized that providing erroneous information might be considered a violation of the law and will result in the immediate freeze of the account or it deletion.
                3.2 The customer is aware that Forexcorp S.A will open a trading account for him only after the deposit of a minimal sum, which was set by the company, from time to time, according to its exclusive discretion.
               3.3 With the consent of the customer to all the conditions of this agreement, the customer authorized Forexcorp S.A or a qualified agent on its behalf, to perform for him orders and activities according to the customer’s instructions or according to instruction given by the customers authorized agents in writing and/or verbally, and all under the powers given to Forexcorp S.A under this agreement.
                3.4 In order to remove any doubt, the execution of any transaction in the accounts is subject to the deposit of the collateral. Forexcorp S.A will not permit the execution of any transaction without the said deposit and/or if the deposit is not sufficient for the said transaction and the execution in this case will be subject to the company policy from time to time. To remove any doubt, if the company will permit you to perform transaction prior to a final confirmation that collateral was deposited in your account and tdiscovers that no collateral was deposited, Forexcorp S.A will have the right to deduct from any profit which will be due to you from the company, the sum you were supposed to deposit in order to perform your activates in the system. Forexcorp S.A will hold all the funds on your behalf and will be authorized to deposit them in any financial institution. If a transaction is executed and eventually found that there is not sufficient collateral to collect the transaction, Forexcorp S.A retains the right to decrease the transaction and/or contact you in order to correct the collateral and / or demand from you full payment for any monetary shortage which might be caused as a result of the transaction development at any time. It is emphasized that this right by Forexcorp S.A does not constitute an obligation and/or any responsibility  to decrease a transaction of any kind and you will have no right to claim anything as per losses which occur due to it not being decreased, or if it was decreased.
              3.5 To remove any doubt, it is hereby made clear that Forexcorp S.A has the right, under its sole discretion and with an advance notice to the customer, to change, from time to time, the conditions which apply to the use of the system and the collateral sum required to execute transactions by you.
               3.6 After the account is opened Forexcorp S.A will issue you a personal ID code (hereinafter “Access Code”) for your exclusive use in activating your account over the Internet. You are irrevocably hereby obligated to guard this access code, not to transfer it to another entity and waive any claims against Forexcorp S.A in connection with an unauthorized use of the access code.

  4. Forexcorp S.A hereby obligates that:
    1. It has the skills and the knowledge needed to provide the services.
    2. It will not act as an agent or broker in the fulfillment or an order given by you for the execution of a transaction in the system.
    3. Will not provide any consulting to any of its customers. Any information that may be found in the company site or in any other of its publications can’t be considered as financial advice or guidance for any purpose is it whatever it may be. Yet Forexcorp S.A may, under your specific request, provide you with information related to foreign currencies, exchange rates, financial instruments, derivatives and commodities.  It is hereby made clear that the checking into its accuracy and/or correctness is your sole responsibility.
    4.  Forexcorp S.A. will not expose information and details about its customers, unless so required by the law.
  5. You hereby obligate that:
    1. All the details you will provide to Forexcorp S.A will be accurate, complete   and that you are an adult above 18 years of age, fit and authorized to commit under the conditions of this agreement and that you are an investor with financial knowledge and experience, in order to understand and independently asses the risks involved in the actions resulting from this agreement.
    2. You are the owner and sole beneficiary of the account.
    3. You know that Forexcorp S.A. is unable to control your activities and therefore you must check the laws which apply to you and/or your activity, according to the rules of the place of your residence, and act according to them.
    4.  You understand that the laws regarding financial contract do differ from country to country and that it is your obligation to find that you are in full compliance with the laws, the rules and guidelines which belong to the country of your residence, as per the use of the site.
    5.  To remove any doubt, the actual ability to access Forexcorp S.A site, does not imply that the services and your activity comply with all the laws, rules and guidelines practiced in the country of your residence.
    6.  You hereby confirm that you conducted the necessary investigation and found that there is no legal obstruction which prevents you from using the system or the execution of transaction as described in this agreement. It must be emphasized that the services should not be used where their use is illegal. Forexcorp S.A retains the right to refuse and/or cancel services or part of to a customer, at any time, under its sole discretion and without the need to explain, among other in cases in which Forexcorp S.A will discover that you are conducting activity which is not covered by law.
    7. All the funds deposited in your account from time to time are from a legal source, are not the profits of crime or violation, including profits from dealing drugs or activity with other prohibited substances or profits derived from illegal trade in arms, unlawful gambling, prostitution, terror money etc. in addition you obligate to comply with all the instruction of the law which prohibits  money laundering  and you are aware that if the company will discover you violated your obligations as said and/or that your statements as said  are inaccurate and/or un true, then an irrevocable instruction is given to the company to block the account from performing activities and report , if needed , to the authorities. You hereby declare that you are the beneficial owner of all the assets deposited in Forexcorp S.A.
    8.  You are aware of the risks involved in the execution of transaction described in this agreement and that you have read and understood the addendum of risks disclosure, which is inseparable part of this agreement and agree to all its conditions.
    9. You confirm that you are solely responsible for the acts and orders for performance in your account, whether performed by you personally or by and agent or a person with power of attorney or by Forexcorp S.A reps who comply with your instructions. In addition you agree that Forexcorp S.A and/or its rep and/or anyone on its behalf will not be liable to you in anyway for the results of such acts and/or instructions.
    10. You are aware that Forexcorp S.A does not supply any equipment and it is not a provider of Internet services and therefore will not be liable directly or indirectly, for any failure of your terminal equipment, or any other equipment which was not supplied by Forexcorp S.A and/or any other fault, including the connection to the Internet and/or any computer software or bugs and / or errors in the software, including delay in the transfer of your instructions or their late receipt. You will be responsible to provide and maintain the means by which you will access the site, including a personal computer, modem telephone or any other access line. You will be responsible for the fees, usage cost, license, operation etc. which require payment for the purpose of access and service needed for the connection with the site. You will accept all the charges resulting from access to these systems. You undertake all the risks connected with the use and storage of information in your personal computer or any other computer, with which you will access the site and the service (hereinafter “The computer” or “Personal Computer”) You declare and obligate that you already perfumed and/or intend to perform and maintain an adequate protection as per the access and control of the computer, computer viruses, material, installations, information or data which might be damaging or unfit. You agree that Forexcorp S.A will not be liable to you in anyway in the event of failure or damage or destruction in the computing system, data or your records, or part of them or due to delays, loss, errors, and missions as a result of the fault or the incorrect treatment of telephonic equipment, computer or software. That you will not transfer in anyway, directly or indirectly to Forexcorp S.A and will not expose it or any of its online service providers, to any virus or inappropriate installation which may be damaging in the same way.
    11. You are aware that Forexcorp S.A. does not represent, commit or guarantee that:
      1. You will be able to access the site, or use it in the times and location which you choose or that Forexcorp S.A will have the capacity in the site in general, or in any geographical location the site will provide uninterrupted service and error free.
      2. In addition you are aware that Forexcorp S.A. will not be responsible for the inability to execute instructions and requirements due to failure in the operation of the information’s systems that was caused by defects of any kind.
    12. You   will report your activity to and government authority or other tax authority, as you may be required under the laws that apply to you or the country of your residence and that you will pay all government taxes, fees, tolls ands debts connected with the activity in your account, including required deductions and you hereby remove any claim against Forexcorp S.A in this regard. In spite that is said in this section, if and in case that it may be found the company must withhold tax in lieu of your activity, you give the company, a priori, you consent to withhold the sums required by the law.
    13. You have read the entire agreement and understood its content and implications, including the risk of losing the full collateral, prior to accepting it conditions.
    14. That you know the company is not acting as a portfolio consultant and/or portfolio manager.
    15. That you are aware  that all the rate which are shown in the trading system are indicative  based on updated trading rates from the international currency markets. You are aware and consent that the company does not and can’t have complete and absolute obligation to execute any of your instructions, under the indicative rates displayed in the trading system. Only a final confirmation of the execution of a transaction is proof of execution of your instruction.
    16. You are aware that Forexcorp S.A will not be liable, in anyway, due to claims, legal suits, disputes, losses, expenses, damages etc, which you will incur as a result of relying on any information supplied by Forexcorp S.A.
  6. Collateral
    1. In order for you to start using the system to perform transactions, you are required to deposit funds in a bank account, which Forexcorp S.A. will prove you its details, so it can serve as collateral for the transactions described in this agreement.
    2. Forexcorp S.A. will have all the rights and authority as per the collateral, till you withdraw it. The company will have the right to act on the collateral fund to realize its rights under this agreement, including the realization or forfeiture of part or all of the collateral funds.
    3. Any gain accumulated by your transactions, will be added to your account, as complementary collateral. Any loss caused by your transactions will be deducted from your account.
    4. To remove any doubt, the positive balance in your account will generate no interest.
  7. Additional deposits, withdrawal and account closure
    1. Any instruction to withdraw the available collateral at a given time, whether partially of in full, including all the accumulated profits (but not future profits) – will be sent by you on the form for fund withdrawal. This instruction must be given to Forexcorp S.A in advance of at least 7 business daysand all the active orders must be closed.
    2. You are entitled to deposit in your account more funds that will serve as collateral to the transactions. Terms of this agreement will apply to all funds deposited.
  8. Legally authorized agent
    1. You are agreeing that your legally authorized marketing company will be "Forex Center".
    2. Instructions which will be sent verbally or in writing for the performance of a transaction, by your authorized agent, will not obligate Forexcorp S.A, for any cause and purpose.
  9. Recording of phone conversations and keeping records.
    1. Forexcorp S.A or/ and agent on its behalf have the right (but not the obligation) to record and/or to document any phone conversation. The customer agrees that the company will record the phone conversation, without any automatic sound alert mechanism, and he will have no objection or claim in this regard.
    2. Forexcorp S.A will keep copies of any written instruction obtained from you for a period it will set under its exclusive discretion. Furthermore, Forexcorp S.A will maintain records of all your transactions.
    3. Forexcorp S.A has the authority, but is not obligated, to use some of the recordings / records, for any purpose that seems fit to Forexcorp S.A, including the resolution of disputes which might arise between the parties.
    4. It is explicitly made clear that all the recordings and/or the documentation are the exclusive property of Forexcorp S.A and it will have not obligation to transfer a copy to any factor, excluding when required to do so by a government authority.
  10. Risks and liability
    1. All the transactions will be done at your risk and by you. Forexcorp S.A will not be liable for any loss, damage or debt you will incur as a direct or indirect result of activities which will be executed according to this agreement. In order to remove any doubt, in any event, any sum you will claim from Forexcorp S.A will not exceed the sum of the collateral.
    2. You hereby declare that you are aware that a basic and prior precondition to this agreement relates to the right of Forexcorp S.A to close at any time, without prior notice, any transaction you performed, if your portfolio shows low value of collateral, as computed towards the fluctuations in the exchange rates which were presented by the financial information systems.
    3. If the company provided the customer with credit, under his request, the company will be entitled, under its exclusive discretion, to close any transaction or part of the open transactions of the customer and the customer will have to pay the company any debt or loss which was caused from such activity.
    4. The client is aware that Forexcorp S.A. has the right to do independent risk management. Forexcorp S.A. can hold transactions/transfer transactions to other companies/banks due to her only decision.
    5. The customer declares that it is impossible to provide responsibility for profit or no loss. The customer declares also that he received no such guarantee or promise  form Forexcorp S.A or from any of its directors, it employees or representatives and if he received such promise  from anyone in the company, this promise must be regarded as illegal and given without authorization by the company. The customer declares that he did not enter this agreement based on responsibility or promise or any such representation for profit or loss.
  11. Reports and confirmations
    1. Under your request, Forexcorp S.A or anyone on it behalf, will provide you’re with reports of your transactions and the current sum of your collateral.
    2. Reports of orders confirmation given by the customer and statements of the activity in the account, will be considered correct and obligating, if no objection was filed or a written dispute by the customer within 24 hours from their performance.
  12. Comissions for performance, taxes, refund expenses and other taxes
    1. Forexcorp S.A has an opening commission, closing and running of transactions according to the rates shown in the updated company price list
    2. Forexcorp S.A. will not carry any commission that will arise from wire transfers, from clients and to clients. All the commissions will be carry out from the client’s account.
    3. Forexcorp S.A will have the right to receive a payment for various services provided, interest payments and bank commission refund, exchange rate commission etc.
  13. Trading terms, opening, closure and transactions rolling
    1. You are aware that the rates displayed on the trading system provided by Forexcorp S.A, are indicative rates, based on updated trading rates from the international currency markets. You are aware and consent that the company does not have and can’t have complete obligation to perform each of your instructions (opening or closing) according to the indicative rates displayed in the trading system. Only a final confirmation of the execution of a transaction is proof of the execution of an instruction issued by you.
    2. All your trading activity is done directly by you by means of the computerized trading systems. If Forexcorp S.A will be asked by you to assist in connection with the activity and the acceptance of your instructions (to remove any doubt it does not mean consulting or trading activity in your place) all the assistance and involvement will be done by the company within the internal rules and guidelines of the company and according to the common customs which prevail in the international currency markets.
    3. Opening of a transaction will be done under your instruction, subjected to the limitations of collateral balance in your account.
    4. Closing of a transaction can be done in one of the three manners:
      1. Closing initiated by the customer.
      2. The trading rates reached the Stop Loss or Take profit levels’ as defined by the customer.
      3. The total evaluation of the customer’s account reached the total collateral needed to maintain the transaction.
      4. Any transaction closed within 120 seconds from opening time shall be regarded as “Scalping”. Forexcorp S.A shall reserve the right to cancel part/all transactions without prior notice.
      5. All the bonuses provided by the company are for trading margin and not for cashout.
  14. Rolling a transaction - in order to remove any doubt, any transaction will be rolled / renewed at the same rates every night at  22:00 GMT (Greenwich time), starting at the initial execution of the transaction and up to its expiration.  Any transaction roll will charge or credit accordingly the customer’s account, with interest differences, according to the type of transaction and its direction.
  15. Cessation of trading, stating inaccurate rates, Force Majeure, computer faults and communication
    16.           14.1 You are declaring here that of your awareness that the trading option provided by the system might be stopped or suspended at any time without prior notice, for reasons beyond the control of           Forexcorp S.A. In such events  the customer must contact the trading room in order to provide instructions as per the open positions and the customer hereby waives any claim for damages / law suits / cause for legal action against Forexcorp S.A in such cases and confirms that this waiver  is a primary condition for the validity of this agreement
              14.2 The company will carry no responsibility for any damage which the customer might incur, according to his claim, as a result of Force Majeure. And/or external event out of the company’s control.
              14.3 The company will bear no responsibility for damage that will be caused to the customer, according to his claim, as a result of communications delays or faults in the Internet network, including computer crashes and other technical faults, whether their occurred at the phone company, service privders, copmuters of Internet providers, the company’s computers or the customer’s computers.
    14.4 Forexcorp S.A. retains the right, as long as an advance notice was sent to you, to cancel any transaction which due to an error of any kind, whether in calculation, system error and/or human error, whether under Forexcorp S.A control or not, was executed under a wrong exchange rate or at the time of the transaction did not reflect the exchange rate which existed at the time in the foreign currency markets.
    14.5 Forexcorp S.A. reserves the right to change the trading agreement from time to time without previous notice.

  16. Clearance and payments
    1. no fund or assets will be transferred from one party to the other, in relation to any transaction, excluding the clearing of your losses by means of deductions by Forexcorp S.A., from the collateral or profit payments which had accumulated in your account, by         Forexcorp S.A, or deposit of additional fund by you, to complete the collateral needed for the execution of the transaction.
    2. To remove any doubt, a payment you will request from the balance in your account, will be transferred to you not later than 7 days from your request.
    3. Withdrawal order – in the event you want to withdraw funds which accumulated in your account, you may have to fill, sign and return to Forexcorp S.A., as a condition prior to the commencement of the processing of your request, the form “Request for Funds Withdrawal”, which Forexcorp S.A will provide you.  Forexcorp S.A will not release fund without this form, signed by you or your assigned representative.
    4. You may pay Forexcorp S.A with credit cards, subject to the rules of the applicable credit cards issuers.
  17. Stop Loss order
    1. The Stop Loss order will be executed at the exchange rate you typed. This kind of transaction will be made as a Market order immediately as soon as the exchange rate in the trading systems will be identical to the order you issued.
    2. In spite of the said in section 16.1 above, the company can’t commit that the Stop Loss order will be always executed at the rate you defined, since there may be situations that due to market conditions (liquidity, extreme fluctuations, force majeure, opening of a new trading week in different rates than the closing rates of the previous week, Gap and more) the Stop Loss order can’t be executed at the rate you defined but at a deficient or better rate.
  18. License awarding

    19. Forexcorp S.A is hereby awarding you a personal license , which is exclusive and nontransferable, to use Forexcorp S.A platform connected with the license ( i.e. the software) including all the documentation files which accompany the software  ( hereinafter “Documentation”) on a single server ( if the software is server based) or a personal computer which will support the number of user simultaneously, for which you paid the license fee, and make one backup copy of the software and all this under condition:
    1. That the software will be installed on one server or personal computer only.
    2.  That no change will be made in the software.
    3. That the software will show all messages regarding copyright.
    4. That you agree to be obligated under this agreement. The use of the software and the documentation will be by you only and exclusively for your transactions.

    In addition to the above you commit not to perform a deep link to the site’ to sell or to permit others access to the site and not to copy materials which show on the site, in order to sell them to others or for any other purpose, without written permission from Forexcorp S.A. In order to remove any doubt it is agreed that you will be obligated and liable for any use you will make of the site, in violation of this section above. You hereby agree to use the information received from the information systems of Forexcorp S.A only for the purpose of performing transactions within the system or the site. In addition you hereby agree not to use any electronic communication feature of the service on the site  for any illegal activity or activity which is offensive to a third party, harassing , libeling , defaming, confusing, uses profanity , threatens or incites. The license awarded to you according to this agreement will be terminated if The company believes that certain information you provided , including you email address, ceased from being updates or accurate, or if  you did not comply in any other form one of the conditions of this agreement and the rules and guidelines of each of the services. You hereby agree that if such violation may occur, you will immediately cease access to the services. Further more, you agree that Forexcorp S.A, under it exclusive discretion, with or without notice, will be allowed to terminate your access to one of the services, all or part and remove any information or content that was typed during the provision of services.

  19. Ownership

    20. The license which  Forexcorp S.A is awarding you, as mentioned in section 17 above, is to use the software, as long as you confirm and comply with all the conditions of this agreement or any other agreement you may be asked to confirm. The ownership rights over the software , the documentation and any spiritual asset in them will at all time belong to Forexcorp S.A. and any use of the software by  a person, association, government, organization or any other entity is strictly prohibited and is a breach of this agreement.

  20. Patent protection

    21. The website, the software and the documentation contain material which is protected under the international copyright, under the laws of professional confidentiality and trade marks and under the international existing conventions.  Any rights which were not given to you in this agreement are explicitly reserved for Forexcorp S.A, or the licensing providers and its partners which belong to the subject. You will not be permitted to remove any message and/or tag stating the ownership right of Forexcorp S.A from any copy of the software or the documentation.

    20.  Limitations
    You are not allowed to advertise, present, disclose, rent, lease, change, lend, distribute or create derivative works based on the software or part thereof. You are not allowed to do reverse engineering, change editing, translate, adjust or dismantle the software and/or make any attempt to create the original code from the destination code of the software. You are permitted to transfer the software to other computers under your possession, as long as you use it only on one computer.

  21. Hyperlinks

    22. Forexcorp S.A is allowed to provide links to other sites which are controlled by third parties or offered by them. A link to a site does not constitute endorsement, permission, sponsorship or affiliation regarding such a site, its owners or suppliers. You are herby stating that you will verify the risks involved in the use of these sites, before you will extract, use, buy or rely on certain data through the Internet. Link to these sites are provided only for your convenience. You agree that under no circumstances you will demand from The company reimbursement for any loss or damage which will be caused to you due to the use or reliance on any content, goods or services available in other sites and/or the company site.

  22. Obligating version
    23. You hereby declare and acknowledge that Forexcorp S.A is entitled to update and/or adjust and/or change the terms of this agreement, from time to time according to the activity needs of the site and its exclusive discretion, as long as the updated version will be published on the site and will be accessible by you. The obligating version of this agreement will be according to the updated version which is in effect at the relevant time.

  23. Confidentiality
    24. You acknowledge that the software contains patented professional secrets of Forexcorp S.A and hereby agree to maintain confidentiality of the software, and use the same measures you deploy to safeguard the confidentiality of your most secret information. You hereby agree to relay in a reasonable manner the terms and basics of this agreement to people you employ and who come into contact with the software and make the best efforts to secure the compliance of these people to these conditions.

  24. Limited liability
    25. You carry the full risk resulting from the use of Forexcorp S.A. site and the software. The site and the software are given to you as is, without warrantee or any kind from Forexcorp S.A., including the issue of products tradability or their compliance with a certain purpose. Subject to any law, Forexcorp S.A. does not provide any warranty of any type, explicit or implied, including implied warranty for the tradability of the products and their compliance with certain purpose. Forexcorp S.A. does not guarantee that the characteristics of the software will fulfill the requirements or needs you may have’ or that the software will function without errors’ or continuously or the defects or the errors in the software will be corrected, or that the software will be compatible with any particular platform. You hereby recognize that a normal procedure of data processing requires that any software, including this software, will be tried with data that is not of crucial importance, before you can rely on it and you take on yourself the full risk of using the software. Waiving of the responsibility by Forexcorp S.A. is a substantial condition of this license.

  25. Limitation of liability
    26. Under any circumstance Forexcorp S.A., its employees, clerks, or directors liable to you or any third party, for occasional damages or indirect (including indirect, special, punitive or exemplary, due to business loss, loss of profits, cessation of business or loss of business information) which result from the use of or the inability to use the software, or due to a third party claim, even if Forexcorp S.A. was informed about the possibility of such damages.

  26. Termination of agreement
    27. A. Forexcorp S.A is entitled to terminate this agreement at any time by sending you a message to that effect.
    B. You can terminate this agreement immediately at any time by informing Forexcorp S.A..
    C. Termination of this agreement by either side will require the closure of all positions which are open, by performing the required transactions.
    D. As of the date of your termination notice, you will not allow to perform new transactions.

  27. Authority and litigation location
    1. This agreement is governed by the laws of the British west indies . Each party irrevocably agrees that any claim, action or legal process regarding this agreement will be brought only in front the court in British west indies (henceforth “The Courts”) and waive, subject to any law, any claim he may have against the site of litigation of any suit, action or procedure which will be conducted in these courts as mentioned and also any claim that a suit, action of procedure as mentioned, were brought to an inconvenient location for him.
    2. Recognizes the authority of these courts
    3. Will explicitly obey the exclusive judicial authority of these courts in any suit, action of procedure.
  28. Miscellanea
    29. A. this agreement and all its sections, is the entire and exclusive agreement between the parties, in regard to the agreement’s issue and voids any prior and simultaneous arrangements, offers or representation , whether in writing or verbal, which were made between the parties and which relate to the subject at hand. If the customer is comprised of a few bodies or individuals, the terms of this agreement will obligate them jointly and separately
    B. Any commitment under this agreement will be carried out by and between the parties. This agreement does not create any rights for and for the benefit of a third party, which is not part to this agreement.
    C. Any repudiation, change or concession will not be accepted by contacts between the parties unless they terminated with a written document signed by the parties.
    D. The signature of the customer on this agreement with the transfer of the collateral funds will constitute the acceptance of this agreement.
    E. You are not allowed to transfer this agreement or any of your rights or obligations according to it to a third party.
    F.  Forexcorp S.A is allowed to send you and messages and document in the mail, via messenger, email or fax, as it deemed appropriate. Any notice which will be sent to Forexcorp S.A will be made via registered mail or by messenger. Such notice will go into effect once it is received by Forexcorp S.A..
    G. Forexcorp S.A is entitled to transfer it rights and obligations under this agreement to any third party, including subsidiaries, Mother Company or Sister Company.     

  29. Customer’s declaration

    30. I hereby declare that I have read the above agreement and its Disclosure of Risk factors addendum and understood completely its content and agree to the entire content and all the legal terminology, the limitation and conditions therein.

    Customer’s declaration (customer will hand write in the bellow lines)

    ______________________________________________________________
    ______________________________________________________________
    ______________________________________________________________
    ______________________________________________________________
    Customer’s name _________________
    ID Number______________________
    Location ______________________
    Date ___________________
    Customer’s signature _______________

    Addendum A – disclosure of risk factors
    Trading and the execution of financial transactions similar to those described and/or result from this agreement, with or without the use of high financial leverage, is speculative trading of high risk. You must consider carefully and seriously if this type of financial activity fits your needs, your financial resources and personal circumstances. Sine the risk of losing some of the invested funds, or all of them in a relative short period is high; it is recommended that you use for that purpose funds which you designated for speculative financial transactions of high risk. You must be particularly aware of the following points:
    High financial leverage in trading of currency, commodities and other financial assets, is created based on collateral of a low sum related to the total transactions. The results of trading with high financial leverage are that a small change in the prices which exist in the market, within a short period of time, may cause substantial gain or loss, proportional to the size of the collateral, up to the total loss of the collateral sum in a very short period.
    The fluctuation of the rates in the currency markets, commodities and financial derivatives are often sharp without the ability to forecast as per the size of the change, it direction and the time frame in which it occurs.
    The warning which was detailed in this section of disclosure, does not cover althea possible risks connected with this type of transactions described and/or result from this agreement.

    “I declare that I have read the Disclosure of Risk Factors addendum, I fully understood its content and I am ready to take on the risks detailed in it”

    Customer’s signature _________________________________

LIVE CURRENCY RATES

DAILY CHARTS

The purpose of this risk disclaimer is to inform users of the potential financial risks involved in trading in foreign currencies. The transaction or operations in the Forex or fx markets does involve a substantial degree of risk, and should not be undertaken until the user has carefully evaluate whether their financial situation is appropriate for such transactions.
Trading may result in a substantial or complete loss of funds and therefore should only be undertaken with risk capital..