This Client agreement (hereinafter referred to as the "Agreement") is concluded between FCM MARKET + PC, a company registered in the legal form of Limited Partnership on January 21, 2019 at 14-16, Churchill way, Cardiff, Wales, CF10 2DX, UK under the number LP19977 (hereinafter referred to as the "Company") and an unlimited number of individuals (except persons who have not reached, according to the local legislation of their country of residence, the age of majority, and/or persons recognized as incapacitated, and/or stateless persons). those who wish to use the services and/or purchase products of the Company.
This Agreement is presented in accordance with the norms of international law in the form of a public offer and contains all the essential (significant) terms and conditions relating to the activities of the Company and the interaction between the individual who wished to accept (accept) this Agreement and the Company.
1.1.1. A public offer is a proposal addressed to an indefinite (unlimited) circle of (natural) persons expressing the intention of the person who made such an offer (called the "Offeror") to consider himself to have concluded a contract with any addressee (called the "Acceptor") who will accept this proposal. Thus, this Agreement is the declared in writing intention of the Company to enter into a contract with any person who accepts this offer.
All provisions of this Agreement, including but not limited to the rights and obligations of the Company in the course of interaction with the Client, are binding on the Company from the date of publication of this offer in the public domai.
1.1.2. Acceptance (acceptance) of this Agreement is the registration of a person on the corporate website of the Company, located at www.fcm-market.com (hereinafter referred to as the "company Website"), and, as a consequence, the receipt by this person of a personal (personal) unique identifier (ID), which is the identification number of the client's account (account). The moment of acceptance of this Agreement should be considered the moment of completion of the registration form on the company's Website and sending data to the Company by clicking the appropriate button.
1.1.3. From the moment of acceptance (acceptance) of this Agreement, any person who has made such acceptance is an Acceptor of this offer, from which the following directly and clearly follows:
● The acceptor legally becomes the Client (the name "Client" is considered the full equivalent of the name "Acceptor") of the Company, and in relation to the corporate website, products and services of the Company — a registered User;
● The agreement presented in the form of this offer shall be deemed concluded. Together, the Client and the Company are referred to as the Parties and assume all obligations arising from it;
● The acceptor expressly and explicitly acknowledges that he / she has read this Agreement and unconditionally accepts all rights and obligations of the Client;
● The acceptor confirms that in accordance with the local legislation of the country of permanent residence he / she is a competent and adult person, and concludes this Agreement voluntarily, at his / her own discretion;
● During familiarization with this Agreement, the Client is notified of possible risks, as well as responsibility for non-performance and/or improper performance of the terms and conditions of the concluded agreement;
● The parties agree that this Agreement shall enter into full force upon its acceptance;
● The parties agree to consider electronic and paper ("hard") copies of this Agreement equal in importance;
● This Agreement may be printed and (signed by the Client), however, it shall enter into force not from the date of signing, but from the date of Acceptance (in accordance with paragraph 1.1.2.). For the legal form in which this Agreement is presented, the signature of its official (representative) by the Company, according to the norms of international law, is not required.
1.1.4. This Agreement has a priority status in comparison with any other offers and/or other publicly declared documents of the Company. All other documents are therefore subordinate to this Agreement. In particular, any Client of the Company may have a special status of a partner of The Company, and thus should be guided not only by this (Client) but also by the Partnership Agreement. However, it is impossible to have the status of a Partner, but not to be a Client of the Company, which means that this Agreement is mandatory for all Partners.
1.2. Official language
1.2.1. The official (basic) language of the company's Website, all publicly declared documents (including, but not limited to, this Agreement), as well as business correspondence between the Client and the Company, should be considered English (British).
1.2.2. The original source and the main copy of this Agreement shall be the English copy. In case of any discrepancies and/or disagreements in the interpretation of any other language copies, it is necessary to consider the priority English version.
1.2.3. The company can publish local language versions of the Site or any documents, as well as to correspond with the Client and provide technical support and assistance in several languages, thereby trying to provide a greater degree of convenience for Customers who are not familiar with the English language.
However, in the event of any discrepancies, disagreements or disputes, the English language has a higher priority than any other languages used.
2. Agreement subject
2.1. The company provides the Client with access to the management of the software, developed by the Company's specialists and allows to carry out, in accordance with the implemented algorithms:
● cash flow management operations (replenishment; write-off; transfer);
● transactions involving the transfer of a certain amount of funds under the control of an automated trading strategy selected by the user, performing conversion transactions in respect of binary options for contracts for the difference in the value of financial instruments;
● operations with the client's account and personal data;
● other related operations.
Such access is provided on a workplace rental basis for access to the software on the SAAS (software as a service) basis. The client's workplace is managed through the client's Personal account on the company's Website.
2.2. All software (including, but not limited to, the company's Website and the Client's personal account, as well as software that implements specific trading strategies) is the exclusive property of the Company and is provided to the Client «as is».
Copyright in respect of the company's intellectual property is protected in accordance with international law. Algorithms of trading strategies, as well as software that implements these algorithms, is a trade secret and is not subject to publication and disclosure.
2.3. The exclusive rights of the Company under this Agreement include:
● The right of selection of counterparties, liquidity providers, providers of hosting services, etc.;
● The right to determine and implement algorithms of trading strategies and all their essential parameters, such as the composition of the portfolio, the volume and number of transactions, the moments of specific conversion operations.
The company does not carry out activities for the management of clients ' funds and/or other assets, does not provide brokerage services, and/or any other financial services that require appropriate licenses in the country of its registration.
The client is provided with full information about the technical characteristics of the existing investment programs, as well as the risks accompanying the investment activity. On the basis of this information, the Client independently makes an informed decision on the transfer of funds under the control of an automated investment program, and does it on its own behalf and at its own expense.
2.4. Using the provided software, the Client is able to independently (that is, on its own behalf, in its own interests and at its own expense) to carry out operations related to the management of its own funds in the manner and on the terms described in this Agreement, by transferring the relevant orders through the workplace provided ("user's Personal account»).
2.5. The exclusive rights of the Client of the Company in accordance with this Agreement include:
● The right to manage the workplace provided to the Client through the Personal account on the company's Website;
● The right to manage and dispose of own funds, make deposits and withdrawals in accordance with the terms and conditions of this Agreement;
● The right to choose trading strategies from among those offered by the Company;
● The right to transfer all or part of its own funds under the management of the chosen trading strategy.
3. Account registration
3.1. Registration of a personal account (account) on the corporate website of the Company takes place by filling in the appropriate fields of the registration form and clicking the button to send data to the Company. In this case, the information provided by the User must comply with the conditions of completeness, relevance and accuracy.
The user is solely responsible for the accuracy of personal data transmitted to the Company during the entire period of use of its products and services. Specially trained specialists of the Company, having the appropriate tolerances, carry out the processing of personal data of the User and can perform procedures related to the establishment of the reliability of this information.
3.2. From the moment of registration of the personal account (account) on the corporate website of the Company, the Client, de facto, is considered as the registered User. At the same time, it receives at its disposal on the principles of SAAS software that allows to carry out the operations described in this Agreement.
Access to the functions of the software is carried out through the Personal account on the company's website (subject to an authorized login to the account with the access details assigned to the User: login and password).
The user receives the relevant access details (login and password) during registration. Responsibility for ensuring the safety and security of the received details is entirely the responsibility of the User.
3.3. Among the functions available to the User through the Personal account are:
● functions related to financial transactions carried out in interaction with external payment systems (such as operations of replenishment of the user's account (s) and/or debiting (and/or transferring) of funds);
● functions related to the management of personal data;
● functions related to the implementation of the User's partner’s activities (in the manner and on the terms described in the Partnership agreement);
● functions related to the transfer of funds under the control of automated trading programs;
● other functions provided by the Company to the User through the interface of the Personal account.
3.4. The full composition and number of functions available to the User through the interface of the Personal account is set by the Company unilaterally and can be changed.
In particular, the functions related to the implementation of partnership activities are available to the User only upon acceptance of the Partnership agreement and the relevant rights and obligations arising from it, by expressing their will to become a Partner of the Company through the implementation of the relevant actions in the Personal account.
Some functions are available to the User only after passing the procedure of verification (verification) of personal data that the User has specified in his Profile. The verification procedure takes place in the manner and on the terms described in this Agreement. In particular, in accordance with international law, all operations related to the withdrawal of funds to the external payment systems of the User should be carried out only upon successful verification of personal data and establishment of the fact of ownership of the User's respective wallets.
Certain functions may be disabled for a particular account by the decision of the administration of the Company in the event of failure and/or improper performance by the User of obligations arising from this agreement (or Partner — obligations arising from the Partnership agreement).
In particular, in case of detection of signs of non-fulfillment and/or improper fulfillment of the Client's obligations arising from this Agreement, the Company reserves the right to take administrative measures that may be associated with full or partial suspension of the performance of certain functions of the Personal account.
4. User's personal account
4.1. The user's personal account is a software product provided to the Client on the principles of SAAS, and is a software interface available to the User on the company's Website, subject to the successful execution of an authorized login to the account using the appropriate access details (login and password).
4.2. The personal account provides the User with the necessary functionality to perform the following actions and/or operations:
● management of personal data of the User through the user Profile (including operations related to verification and maintenance of the relevance and completeness of personal data);
● management of the user's account (s) and cash flow between these accounts and external payment systems;
● transfer of funds under the management of automated investment program accounts and external payment systems;
● management of functions related to the implementation of partnership activities (only for the company's Partners according to the Partnership agreement).
● receiving reports in the form of a list of operations with all relevant details for all the actions described above;
● other specific actions related to the user's activities.
4.3. The company is committed to ensuring that the interface of the Personal account is available to Users 24/7. However, some specific operations can only be performed during the working hours of the relevant departments of the Company. Working hours of each Department is presented in the relevant section of the corporate Website.
5. Account transactions
All transactions with accounts are carried out in the base currency, namely, in us dollars.
5.1. Deposit/withdrawal transactions
5.1.1. Operations of replenishment (input of funds) can be carried out automatically around the clock. Write-off operations (withdrawal of funds to the user's accounts in external payment systems) require additional fulfillment of the condition of full successful verification of the client's personal data and can be carried out during the working hours of the financial Department.
5.1.2. Operations of replenishment (input of funds) are carried out from accounts owned by the User in external payment systems. Funds credited from external payment systems or internal transfer to the user's account can only be used to create an investment (s).
If the amount available on the user's account does not allow to place a minimum investment, it can not be withdrawn to external accounts immediately: for this, the User must make an additional Deposit for the amount missing to place the minimum investment, and place the investment at least for a minimum period, after which — to withdraw to the accounts of external payment systems or make an internal transfer.
5.1.3. The list of payment systems through which the User is given the opportunity to carry out the operation of replenishment (input of funds) is available in Your account.
5.1.4. Withdrawal operations can be carried out only on those accounts ("wallets") in external payment systems, which are specified by the User in the relevant section of the Personal account, and in respect of which it is reliably established that they belong to the User (that is, verified wallets).
The minimum withdrawal amount is $50 (or the equivalent amount in another currency, including but not limited to electronic and crypto currencies). For each of the payment systems available to Users for cash input/output operations, the User can specify only one account ("wallet"). Further change of details (number or other identifier) of this account ("wallet") is possible only through the appeal to financial Department of the Company.
If the replenishment of the account was carried out through a Bank transfer, the withdrawal can be carried out only through electronic payment systems (EPS).
5.1.5. Time limits for execution of Deposit/withdrawal operations:
● replenishment through electronic payment systems, as a rule, occurs in a negligible time, if all the significant details have been entered by the User correctly, and if the service provided by the relevant payment system operates normally. In case of failures during the operation of replenishment through electronic payment systems, it may take additional time to find out the reasons and search for payment; in some cases (when using cryptocurrencies), the transfer operation must be confirmed by the participants of the relevant system (and this may require some additional time);
● replenishment via Bank payment systems can take up to five full working days (this time depends on the processing speed of the respective transfer by the sender's Bank);
● the acceptance of the application for withdrawal of funds by the Finance Department of the company is carried out within the working day; processing of applications for withdrawal of funds to the external payment system under normal circumstances takes up to 3 full business days in accordance with the work schedule of the financial Department of the Company;
● the time when the User receives the withdrawn funds to his / her account in the external payment system consists of the time of processing the withdrawal request and the time of the actual transfer;
● the time of the actual transfer when withdrawing funds depends significantly on the payment system chosen by the User (for electronic payment systems, as a rule, this is a negligible time).
5.1.6. In the event of circumstances relating to the category of "force majeure" (force majeure), or in the event of an objective need arising from changes in the terms of service of the Company provided by third parties, or in the event of a threat to the financial stability of the Company, may be unilaterally introduced additional rules for withdrawal, including: determination of the maximum amount of withdrawal per transaction (transaction), as well as, possibly, special conditions for the number of transactions, applicable to individual user accounts or to the total amount of withdrawals through a particular channel, or to the total amount of withdrawal (or number of transactions) of funds in the Company in a particular period of time.
5.2. Internal transfer operations
5.2.1. Operations of internal transfers are carried out during the working hours of the financial Department of the Company. The operations of internal transfers (that is, transfers made within the system) include the transfer of funds to the account of another User (with his ID).
5.2.2. The minimum amount of money transfer to another User's account is $50.
5.3. Transactions related to the transfer of funds under the management of the investment program and profit acceptance
5.3.1. The transfer of funds under the management of the investment program, in fact, forms an investment. The investment can be formed at the expense of the User.
5.3.2. The formation of the investment takes place in the personal account with the help of the "Master", which allows to determine all the essential settings (the amount of funds transferred under the management of the investment program; the type of the investment program and its duration, and if necessary - other essential parameters and properties).
5.3.3. The minimum total amount of funds transferred under the management of the investment program is limited to $250. The maximum amount is not set.
5.3.4. The choice of the investment program depends on the user's preferences. The user can choose any of the investment programs presented in the Personal account.
5.3.5. The profit on the investment is calculated weekly (on Saturdays) on the user's balance sheet.
5.3.6. The option of partial withdrawal of the investment body (from the current investment) can be provided to the investor by the Company if technically possible, if such operation does not entail additional investment,financial, system and/or market risks.
6. Working hours
6.1. Working hours of individual departments and services of the company are presented on the corporate website. The user can also contact the technical support Department to clarify the current data on the working schedule for the period of individual holidays and other special circumstances.
7. Confidentiality and business ethics
7.1. Under this Agreement, both Parties undertake obligations to ensure the safety and confidentiality of all information related to the interaction between the Client and the Company.
7.2. The client assumes full obligations related to security, secrecy and safety of the account access details (login, password) transferred to him / her. In the event that access to the Personal account on the company's Website was carried out with the correct access details, the Company believes that all actions with the account in the Personal account were carried out personally by the User who owns the relevant details.
7.3. The client should not share his / her account access details with anyone.
7.4. Both Parties to this Agreement assume obligations to ensure the security, secrecy and safety of information that become known to the Parties in the process of interaction. The company ensures the security of the client's personal data. The client, for his part, must ensure the security of the information that becomes known to him in the course of interaction with the Company. These include, but are not limited to:
● information relating to the category of trade secrets of the Company;
● information not published by the Company in the public domain.
7.5. The company publishes official information through its own corporate website (including the "news" section) or sends information messages containing essential information that may be required by Customers when interacting with the Company through the e-mail specified by the Client during registration. These channels of obtaining official information by the Client are the main ones and have the properties of reliability, relevance and completeness.
The company is not responsible for the content and accuracy of information published in other sources, including but not limited to the media on the Internet. The client should be aware that publications (of any kind) that are not included in the number of official releases on the corporate website of the Company, reflect only the private (personal) point of view of the authors of such publications, and may not have the properties of relevance, reliability and completeness. In respect of Customers who publish (or publicly Express) false information discrediting the image and business reputation of the Company, this Agreement may be terminated by the Company unilaterally. If the publication of the Client has caused damage (damage) to the image and business reputation of the Company, the author of such publication may be subject to appropriate financial sanctions.
7.6. The parties undertake to adhere to the provisions of this Agreement and the generally accepted rules of business ethics during the entire period of interaction, as well as during any contacts (personal or remote, oral or written). In the process of contacts with the company's employees (by phone, live chat or e-mail, or in other ways), the Client undertakes to adhere to the official business style.
The Company has the right to leave any requests of the Client containing obscene language without consideration, and in case of moral and/or material damage, to apply to the Client the appropriate financial and administrative sanctions (including full or partial suspension of the functions of the Personal account).
8. Notification of risks
8.1. The client is expressly and explicitly notified of the risks accompanying the investment activity. Despite the fact that the investment programs developed by the Company are characterized by high resistance to changes in the price dynamics of assets listed on the financial markets, there can be no guarantee that the indicators of investment strategies will remain unchanged for an unlimited period. All risks associated with the implementation of investment activities (which, according to this Agreement, the Client carries out on its own behalf, in its own interests and at its own expense), the Client assumes.
8.2. During the operation of investment programs, there may be some loss-making operations and/or a series of loss-making operations, which is an inevitable part of the investment process, since there is no way to predict the future movement of the market with 100% accuracy. Such transactions may result in short-term losses at certain points in time.
8.3. Investment is accompanied by risks of various kinds, including, but not limited to: political, macroeconomic, systemic, technological risks, as well as risks associated with the action of force majeure (force majeure). Being aware of this, the Client guarantees full understanding of the following provisions:
● monetary funds transferred under the control of the investment programs are risk capital;
● there is a possibility of non-receipt or loss of profit on investment programs;
● there is a possibility of losing part of the risk capital or the whole investment;
● the funds forming the risk capital of the Client are consciously allocated for investment activity from own funds (and are not borrowed funds or are not burdened with any obligations on which the Client will not be able to pay in case of loss of these funds);
● for the formation of risk capital, the Client allocates such an amount of own funds that even its complete loss will not lead to irreparable consequences, and will not have a significant negative impact on the lifestyle of the Client and his closest relatives (family members);
● for the entire period of investment, the Client is financially secure, and the temporary inability to dispose of the funds transferred to the management of a particular investment program will not have a significant negative impact on the lifestyle of the Client and his closest relatives (family members).
9. Procedure for claims and disputes
9.1 In case of claims and disputes in the process of interaction, the Company and the Client shall make every effort to resolve them in the following manner.
9.2. The company, if necessary, sends an official letter to the Client to the e-mail address specified during registration, outlining the necessary actions required from the Client. At the same time, the fact of sending such a letter is considered as confirmation that the Client received this message, and the Client, accordingly, undertakes to regularly view his mailbox.
9.3. The client, if necessary, sends a letter to the Company containing all the essential points on which he has questions and/or claims. The text of this letter should contain a detailed description of all the important circumstances and details necessary for the consideration of the situation. The letter should be sent to the appropriate Department of the Company.
Letters containing questions and/or claims are considered by specialists of the relevant departments of the Company within a period not exceeding 14 working days.
9.4. In the event of a dispute, the settlement of which is not described in this Agreement, the Parties undertake to do everything possible to resolve such a situation on the basis of generally recognized rules of law.
10. Other conditions
10.1. Tax reporting and payment of taxes
10.1.1. The company is not a tax agent, and therefore does not generate tax reports for the Client and does not make tax payments to the tax authorities in the jurisdiction of the Client.
10.1.2. The client undertakes to independently take into account the income received in the course of investment activities, to form the relevant reports, as well as to make appropriate payments to the tax authorities in the manner prescribed by the legislation of the client's country of residence.
10.2. Changes and additions
10.2.1. The company reserves the right to make changes and additions to this Agreement unilaterally if necessary.
10.2.2. The company undertakes to notify the Client of such changes and additions by sending an e-mail notification. The fact of such distribution is equal to the fact of successful informing the Client about the changes. The task of maintaining your own mailbox in a working state, at the same time, is entirely the responsibility of the Client.