Please read carefully
THESE TERMS AND CONDITIONS APPLY TO THE WEBSITE LOCATED AT
https://Super invest.com
(THE “WEBSITE”) AND THE SERVICES OFFERED THROUGH THE WEBSITE. IF
YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THE TERMS AND
CONDITIONS, YOU SHOULD STOP USING THE WEBSITE AND SERVICES
IMMEDIATELY.
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Acceptance of the Terms and Conditions
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These Governance Terms and Conditions (the
“Terms”) are a binding agreement between
Super invest, (the “Company,” “us” “our” or “we”) and you, the person who uses the services described herein
and/or the Website (the
“Client,” “you” “your” or “yourself”).
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By your use of the Website and/or opening an account to use
our services, you agree to comply with the terms and
conditions governing your use of the Website and the services
offered through the Website (the “Services”).
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In addition to the Terms, you should also read our Privacy
Policy at
https://Super invest.com/documents/privacy-policy.html(the “Privacy Policy”) carefully, which sets
out how we collect and use your personal information, and is
an integral part of these Terms.
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The Company shall be entitled to modify, change, or amend the
Terms at any time and shall post the amended Terms on the
Website, indicating the date the Terms were last amended. You
shall be solely responsible for checking for any such updates
from time to time. If you do not agree with any modification
to the Terms your sole and exclusive remedy is to terminate
your use of the Services and close your Account (as defined
below).
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Summary of the Services
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Our Services allow you to enter into Transactions with the
Company for CFD trading, in accordance with the Terms herein.
“CFD”, or Contract for Difference, enables traders and
investors an opportunity to profit from price movement without
owning the Underlying Assets, where the profits are calculated
by the movements in the prices of the Underlying Asset between
trade entry and exit, computing only the price change without
consideration of the asset’s underlying value.
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CFDs are over-the-counter derivative Financial Products, which
are not traded on any exchange and do not provide its holder
with any rights or in the Underlying Asset.
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For the purposes of these Terms, “Underlying Assets” means the
security, index, commodity, foreign exchanges, futures
contract, bullion or other instrument or asset or factor the
reference to which the value of CFD is determined.
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For the purpose of these Terms “Price” means the price or rate
quoted by us (as adjusted for any fees and/or charges) and
agreed to by you, whether it’s a buy price or a sell price.
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Registration and Your Account
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In order to use our Services and initiate any Transaction, you
understand that you must open an account through our Website
(your “Account“) and undergo our registration
process, including without limitation, for the purposes of
KYC, as shall be further described herein. You will be
prompted to create a username and password to open your
Account on the Website (your “Log-In“) and to
proceed with registration. During the registration process,
you shall provide us with requested information, which may
include, without limitation, your name, identification number,
birthdate, e-mail address, postal address, telephone number,
and/or credit card information details, as applicable
(“Registration Details“). You will use your
Log-In to access your Account and Registration Details, as
well as to access any other information that may be posted to
your Account from time to time, such as transactional activity
once you have been approved to use our Services.
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You warrant and represent that all Registration Details that
you provide to us, are true, accurate, and complete, and that
you shall promptly update your Registration Details upon any
changes to this information. You understand and agree that the
name you provide must match the name on the credit/debit
card(s), bank details, and other payment accounts [(e.g.
personal virtual wallet)] which you provide to us.
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You further acknowledge and represent to us the following:
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you are at least 18 years of age and the legal age to enter
into a binding agreement in your location;
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you are of sound mind and capable of taking responsibility of
your own actions with the full legal capacity to accepts these
Terms;
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the purpose of your Account is for your own personal use;
- you shall only open one Account with the Website;
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you shall not assist others in obtaining unauthorized access
to the Website, Services and/or your Account and/or any other
activity on the Website that has been strictly authorized to
you;
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you shall not access the account of any other person through
the Website; and
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you shall be fully responsible for any activities undertaken
by you on the Website and during the registration process.
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You also acknowledge that certain restrictions may apply to
CFD trading based upon applicable laws and regulations in your
jurisdiction that may restrict us from entering into certain
Transactions with you, and you understand that we have the
right not to enter into any Transaction with you.
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Confidentiality. You understand that you are
responsible for maintaining the confidentiality of your
Log-In, Account, and Registration Details and the safeguarding
of your information. You understand that any compromise of
your Log-In, Registration Details, and/or other Account
infromation may expose your personal and confidential
information to unauthorized access by a third party, which may
also result in loss or theft of your funds, as well as any
linked accounts, such as your linked bank accounts and credit
cards.
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You are responsible for the security of your Account
information on your own personal computer and internet access
location. You understand that if your username and password
combination is “hacked” from your computer due to any viruses
or malware that is present on the computer, or other device,
from which you access the Website, the Company shall have no
liability and you shall maintain responsibility. You should
report any possible hacking attempts or security breaches from
your computer terminal, or other device, immediately to the
Company.
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In the event you have any knowledge of: a) a third party
gaining access to your Log-In and/or Account or other breach
of security related to your Log-In and/or Account, b)
compromise of your personal information, and/or c) any other
unauthorized use of your Registered Details on the Website,
you should notify us immediately by sending an email, to
email support@superinvest.pro
including all relevant details.
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Unauthorized Use. In the event you create a Log-In,
open an Account, and gain access to the Services without our
permission, we reserve the right to immediately suspend or
terminate your use of the Website, as we deem appropriate, as
well as suspend or terminate any pending orders or
transactions; and we reserve the right to seek any other
remedy to which the Company may be entitled for such violation
and the Company may take further actions against you.
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Security Alerts. The Company does not guarantee to
provide you with security alerts or any other alert and the
Company shall not be held liable for not providing any alerts.
In no event will the Company be held responsible for any
damages or losses which you may sustain as a result of
compromise of your Log-In, Registration Details, or other
Account information, other than due to the gross negligence of
the Company.
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No Criminal Activity Permitted. You hereby represent
and warrant that you are in compliance with all applicable
laws and regulations. Any criminal activity or fraudulent acts
committed by you or under your supervision and/or control
through your use of the Website and/or our Services are
absolutely not permitted. You affirm and declare that you
shall not perform or attempt to perform any such activity,
including but not limited to, fraud, money laundering, illegal
gambling operations, terrorist financing, or malicious
hacking. You also agree not to hide your IP location and you
shall always disclose your accurate and true location.
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Know Your Customer (“KYC”), AML Policy, and
Compliance
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As part of our KYC procedures and in order for you to be
approved to use our Services, we will conduct a verification
process to verify your Registration Details and confirm your
identity and eligibility to use our Services. During this
verification process, we may request certain documents from
you, which may include proof of address, such as a utility
bill, proof of your payment method and a copy of a government
issued identity card. We reserve the right to require
certified or notarized copies at your expense. You understand
that we shall be under no obligation to accept any documents
as valid. In addition to documentation, we may also choose to
verify your identity through a video and/or audio call
conference (collectively, the “KYC
process”).
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Along with our KYC procedure, we have implemented certain
checks to prevent money laundering (the “AML
policy”). Money laundering means the
disguising of the source of proceeds derived from criminal
activity so that it appears as though it came from legitimate
sources of income. In order to prevent any criminals from
laundering or attempting to launder criminal proceeds through
our Website or Services, the Company has set forth the AML
policy.
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You acknowledge that in order to conduct such verification
process and/or background checks, in accordance with our KYC
procedure and AML policy, we may perform inquiries, directly
or indirectly through third party service providers to prevent
fraud, suspicious activity, misidentification, money
laundering or any other prohibited activity. We reserve the
right to take any action we deem necessary with respect to the
outcome of such inquiries. You agree and consent to the
Company’s global transfer, if necessary, of your information
as required for its legitimate business purposes. The Company
will retain your information to perform KYC checks for the
period necessary to perform the KYC/AML reviews, and as
required to comply with the Company’s legal obligations.
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In the event that you fail our internal compliance and
security checks for any reason, you may be prevented from
using our Services, accessing the Website, and/or we may limit
or suspend your use of the Services and/or Website at any
time. You understand that the outcome of such KYC/AML reviews,
including a decision not to approve you to use our Services,
is within the Company’s sole and absolute discretion, and we
are under no obligation to provide feedback on the exact
nature of our findings.
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Suspension or Termination of Your Account
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In the event the Company determines, in its sole discretion,
that any activity you perform through our Website is
suspicious or related to any prohibited activity, the Company
may cancel or suspend your Account and/or access to the
Website, block any outstanding transactions, deny any new
transactions, and/or freeze any funds that may be available to
you through our Services. You understand that you shall be
held liable for losses incurred by the Company or by any third
party due to the Client’s non-compliance and/or violation of
any of the foregoing rules. The Company shall be entitled to
inform any relevant authorities or entities (including credit
reference agencies) of any payment fraud or other criminal
activity, and may also engage collection services to recover
payments. You further acknowledge and understand that the
Company also has the right to suspend or terminate your for
any other reason.
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You may terminate your Account at any time by submitting your
request to terminate your Account at
email support@superinvest.pro
You will be responsible for fulfilling any outstanding payment
obligations to the Company existing as of the effective date
of termination and to settle any pending transactions, and to
pay any applicable fees or charges. The Company reserves the
right to suspend any pending transactions at the time of your
termination.
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You acknowledge that you are solely responsible for any
applicable taxes with respect to your transaction(s) on the
Website and/or through the Services. The Company is not and at
no point shall provide any tax advice concerning your CFD
trading or any other Transaction through this Website and/or
the Services. It is your responsibility to report, pay and
remit the taxes, as applicable, to the appropriate tax
authorities in the relevant jurisdiction(s).
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Unless otherwise agreed, the terms of any amounts payable by
you under these Terms are stated exclusive of any taxes or
mandatory payments. You must pay any such taxes or mandatory
payments to the relevant government agency, or otherwise,
which may apply under applicable laws, and you agree to fully
indemnify us for any such payments we may be required to make
on your behalf. You hereby agree and represent that we may
debit your Account in the amount of any such payments we are
required to make on your behalf.
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Service Fees and Charges
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You agree to pay to us the following fees and charges
(collectively, the “Fees“):
Please refer to the Company’s withdrawal policy that can be
found in the following link:
email support@superinvest.pro
Cancellation Policy.
In the event that no Transaction has been executed through your
Account for 30 consecutive days, we maycharge your Account with
Dormant Account Fees in the amount of 99 (ninety nine) USD/ GBP/
EUR per each such period. You hereby explicitly confirm and
authorize us to charge your Account with the Dormant Account
Fees, which shall be deducted automatically.
We may charge you, debit your Account or otherwise be reimbursed
by you for any costs and expenses which may apply to us pursuant
to your Event of Default. An Event of Default shall mean any
breach by you of these Terms, or you becoming in any way unable
to pay your obligations (e.g. if you become insolvent or
bankrupt, or a receiver, manager or administrator is appointed
to you or any of your assets).
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Overnight Fees
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A daily charge may apply to each Forex or CFDs open
position at the closing of the Company’s trading day (the
“Overnight Fee“). If the Overnight Fee is
applicable, it will be paid by the Client directly to the
Company from the Clients’ Trading Account Balance. The
method of calculation of the Overnight Fee varies
according to the type of FX/CFD to which it applies to.
The Overnight Fee will be debited from the Client’s
account on the next trading day following the day to which
it relates.
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The Company reserves the right to change the method of
calculating the Overnight Fee, the financing rates and/or
the types of FX/CFDs to which the Overnight Fee applies.
For certain types of FX/CFDs, a commission is payable by
Client to open and close FX/CFD positions. Such commission
payable will be debited from Client’s account at the same
time as the Company opens or closes the relevant FX/CFD.
Changes in our swap interest rates and calculations shall
be at our own discretion and without notice. Clients need
to always check information for the current rates charged.
Information concerning the swap rates for each Financial
Instrument is displayed on the Trading Platform. Rates may
change quickly due to market conditions (changes in
interest rates, volatility, liquidity etc.) and due to
various risk related matters that are at the Company’s
sole discretion.
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Any open FX/CFD transaction held by a Client at the end of
the trading day as determined by the Company or over the
weekend, shall automatically be rolled over to the next
business day so as to avoid an automatic close and
physical settlement of the transaction. Client
acknowledges that when rolling over such transactions to
the next business day a premium may be subtracted from the
Client’s account with respect to such transaction.
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Information concerning the Overnight Fee rates will be
visible to you upon pressing the right arrow dropdown
option avilable near each transaction on the Trading
Platform.
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If you are in a selling position you will find the
Overnight Fee (percentage) listed under the “Sell
Rollover” section of the dropdown. If you are in a buying
position you will find the Overnight Fee (percentage)
listed under the “Buy Rollover” section of the dropdown.
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On Wednesday around 00:00 GMT, the overnight fees are
multiplied by three (x3) in order to compensate for the
upcoming weekend.
- Additional Fees and Expenses
We may charge you, debit your Account or otherwise be reimbursed
by you for any costs and expenses which may apply to us by third
parties in connection with your trading with us, including but
not limited to any transaction charges, commissions, fees,
Prices, premiums, settlement and clearing fees, legal expenses
and taxes.
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Fees in connection with Third Parties.
You acknowledge and agree that:
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We may receive commissions and other benefits from third
parties in relation to Transactions we enter into with you
or on your behalf or in connection with other services
provided to you. We are entitled to retain such
commissions and benefits;
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If you have been referred to us by or on behalf of a
broker or other third party, that broker or third party
may receive benefits in the form of a commission or rebate
from us;
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You hereby explicitly agree and consent that any Fees which
shall be payable by you shall be deducted from your Account
without prior notice.
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All Transactions are entered into between you and us as
principal. Transactions involve opening or the closing out of
a CFD. You acknowledge that all Transactions are based upon a
Price we quote and agreed to by you. You also understand that
we are not required to enter into any Transaction with you.
For the purposes of these Terms, a Transaction may also be
referred to as a CFD hereinafter.
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Prices for such CFD transactions are quoted by the Company
with a buy price and a sell price. The price quote given to
you by us allows you to enter into the Transaction at the
higher quoted price or to close out an existing CFD at the
lower quoted price.
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Long and Short Positions. When entering into a CFD in
the expectation that the price of the Underlying Asset will
increase, you go “long” and enter into a long position. When
entering into a CFD in the expectation that the price of the
Underlying Asset will decrease, you go “short” and enter into
a short position. Generally, in a long position you will buy,
and in a short position you will sell. Please see Appendix 1
to these Terms for examples of going long and short.
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Before you enter into a Transaction, you are required to hold
sufficient funds in your trading account incloding the Margins
(as defined in Section 10 below).
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Orders. To enter into a Transaction, you must choose
one of the offers on the Website and requesto to open the
relevant Transaction (“Order“). Any Order you
insert shall be considered pending, not be binding on us until
confirmed and executed by us, which may be immediate or may
take some time, based on various factors, including
technological setbacks and market conditions. Once an Order is
accepted, the Transaction is final and irreversible, and can
not be cancelled. We may reject any Order inserted by you, for
any reason whatsoever, including if we believe there has been
an error or a price manipulation of any sort.
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Confirmations. After we execute your Order and open the
subsequent Transaction, you will automatically receive from us
a confirmation via the Company’s online trading platform (the
“Platform”) or other electronic format (e.g. email). You must
review any confirmation or statement immediately to ensure its
accuracy and you must report any discrepancies to us as soon
as reasonably practical. Confirmations are deemed to be
conclusive and binding on you if not objected to by you in
writing within 48 hours of the confirmation being made
available to you.
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You will not be able to enter into any new Transactions where
the Underlying Asset is subject to a trading halt or
suspension by the relevant market (or if the relevant index is
suspended), or otherwise not being able to be traded.
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Closing Out. Generally, CFDs do not have an expiry
date. They remain open until they are closed in accordance
with the terms of your Transaction. When you wish to close a
CFD position, you enter into a CFD which is equal and opposite
to the open CFD. To proceed in this manner, you must contact a
Company representative via the Platform and we will determine
the current market value (or level) of the Underlying Asset
for the CFD, with the view to closing the CFD position (or
part of it).
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Upon receiving the quote of the current market value from us,
you will have the opportunity to accept the value. Upon your
decision to accept, the next step involves your instruction to
us to close your open position in accordance with your
instructions. The total closing value is then determined by
multiplying the number of CFDs by the value of the CFD’s
Underlying
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In the event the Underlying Asset has its own termination or
expiry date, then the relevant CFD will terminate on or before
the expiry of the Underlying Asset, unless earlier terminated
by you or upon your instructions to rollover the CFD. For
example, a CFD over a futures contract traded on an exchange
usually has a fixed expiry date, and generally, prior to
termination, the exchange will issue a notice of that expiry.
It is your responsibility to monitor the notice dates and
expiry dates of any Underlying Assets for your CFDs.
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When you open a CFD, you may also have the option to
pre-determine a close-out date based on the occurrence of
certain events or market prices.
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We shall have the right, in our sole discretion and without
providing you any prior notice, to close out any open CFD
immediately, at the occurence of any of the following:
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Your breach of these Terms or of any of your obligations to
us;
- Any Adjustment Event (see Section 12 below);
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We reasonably suspect any market manipulation or price
manipulation has taken place;
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Any material error has occured in relation to that CFD; or
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Any technical problem occurs, which requires the close out of
the CFD.
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Payment Rights upon Closing. On the day that the
CFD is closed, we will calculate the remaining payment
rights and obligations to reflect movements in the
contract value as of the close of the previous business
day (including other credits/debits).
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Errors. In the event the Company, in its sole
discretion, determines that a Transaction was affected by
a substantial error or technical malfunction in any way
(whether before or after the Transaction was opened), the
Company may cancel, void and/or terminate the Transaction,
in its sole discretion. The Company may take any such
action even after the Transaction is closed and settled,
thus reversing any payout already made to or from your
account. You hereby acknowledge that such action may
affect the balance in your account. In any such event, the
Company shall provide notice to you explaining the error
or malfunction and the actions taken by it.
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Deposits, Withdrawals, Cancellations &
Chargebacks
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Deposits. In order to initiate any Transaction, you
must first maintain sufficient cleared funds into your Account
by way of deposits to cover your desired transaction. You may
deposit funds through the use of credit card payment, a bank
transfer or a virtual currency transfer to the account
provided by the Company. You understand and acknowledge that
the payment methods accepted by the Company may change from
time to time at our discretion. The Company, at its sole
dicretion, may require a minimum amount to deposit and may
change the minimum from time to time.
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Withdrawals are subject to the Company’s
Withdrawal, Refund, and Cancellation Policy.
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All of your deposits and withdrawals shall be recorded under
your Account.
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Cancellations are subject to the Company’s
Withdrawal, Refund, and Cancellation Policy.
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You understand and acknowledge that the Company cannot
guarantee that your credit card provider or bank will accept
the funds and it is your responsibility to ensure that the
credit card company or bank that you wish to use will accept
your funds.
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Chargebacks. You agree that you will not make or
attempt to make any chargebacks, and/or deny or reverse any
payment or deposits that you have made. You hereby agree that
you will reimburse us for any chargebacks, denial or reversal
of your payments or deposits and any loss suffered by us as a
consequence of this. In any such event, we reserve the right
to cease to provide the Services, terminate the Terms,
withhold payments to you, and take any further action which we
may see as appropriate.
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You also agree that the Company may, at any time, set off any
amount owed by us to you against any amount owed by you to us
and adjust your Account records to reflect any changes
resulting from such set-offs.
- Leverage and Margin
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CFDs are leveraged products, meaning that you are required to
pay only a certain fraction of the total value of the contract
in order to enter and maintain a CFD
(“Margin”). This means that with a small
amount of money you are able to control a larger amount,
giving you a higher market exposure. You should be always
aware that just as the leverage may work in your favor,
magnifying your gains, it may also work against you, in
similarly magnifying your losses. Since the CFDs are leveraged
instruments, by trading them you are exposed to the risk of
losing your entire investment.
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There are two types of Margin or “Margin cover” applicable to
your Account:
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an “initial” margin, to enter into a CFD (the “Initial
Margin”), which will typically be a
percentage of the total value of the contract, to be
determined by us;
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a “maintenance” margin, meaning a margin to maintain the
Margin cover in light of adjustments to the percentage of
value of the security allowed as Margin cover or other
trading platform adjustments not related to the price
movements of the financial products (a “Maintenance
Margin”).
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Margins must be held as long as a position is open, as further
explained under Section 10. The minimum Margin will be set by
us and can be changed at our sole discretion at any time
according to the movement in the market, and represent a
percentage of the total value of the CFD, and shall typically
be between 0.25% and 50%, but may be as high as 100% of the
CFD value. For example, if the value of a CFD is $220,000, the
Margin might be $22,000, which represents 10% of the CFD
value.
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The Margin cover is usually provided from available funds in
your trading account. This means that you must hold sufficient
funds in your trading account before you can open a position.
Owing to the volatility of the market, the amount of required
Margin cover may change after a position has been opened,
requiring a Maintenance Margins to be paid by you at that
time. The Margin requirement is calculated to cover the
maximum expected movement in the market at any time.
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Please see Appendix 1 for trading examples and how the Margin
requirements apply.
- Margin Calls
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We may call in a request for you to deposit additional funds
into your Account to meet Margin requirements and maintain
your open position (“Margin Call”).
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Upon receipt of a Margin Call, you may either reduce your
position in order to reduce your Margin requirement or deposit
additional funds into your account to increase the equity
amount and satisfy the Margin Call.
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During the period commening from the moment you receive a
Margin Call, and until the completion of one of the two steps
above, you will not be able to open new positions. In the
event you do not comply with a Margin Call, we reserve the
right to close out all or some positions in order to protect
against exposure to further losses. Any losses resulting from
Closing Out your positions will be debited to your trading
account and you may be required to provide additional funds.
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It is important to note that we are under no obligation to
send you a Margin Call, and that the obligation to pay the
Maintenance Margins is upon you, and it incurs at the time of
the occurrence of any movement in the market which results in
an unrealised loss, regardless of whether a Margin Call is
demanded.
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In the case where you choose to deposit additional funds to
comply with a Margin Call, it is your responsibility to
provide the payment in cleared funds on time, taking into
account the processing time of the deposit.
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Closing Out upon Adjustment Events
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Should any event which gives us the discretion to adjust
to the terms of the CFD occur (each, an “Adjustment
Event”), whether prior to or after you
entered into a position relating thereto, we may, at our
sole discretion:
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Adjust any of the terms (including the price) of a CFD
in accordance with this Section; or
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If we determine (in our sole discretion) that it is
not reasonably practicable to make such an adjustment,
we may Close Out the CFD in accordance with these
Terms.
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An Adjustment Event may be, for example, each of the
following:
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Any event which has a dilutive or concentrative effect
on the market value of the Underlying Asset;
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If the Underlying Asset is a derivative which is able
to be traded on a market – any event in respect of
which the operator of the market makes an adjustment
to the terms of the Derivative.
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If the Underlying Asset is a share, debenture, unit or
other security (or depositary receipt of any kind in
respect of such) – upon any consolidation,
reclassification or sub-division, buy back, in specie
distribution, takeover, scheme of arrangement or
similar event or other corporate action event in
respect of the security, whether or not the event
triggers an adjustment to any exchange traded
derivative of it;
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A distribution to existing holders of additional
shares or other securities or other financial products
granting them the right to receive dividends or other
proceeds equally and proportionately with payments
made to holders of the underlying securities; or
securities, rights or warrants granting the right to a
distribution of shares or to purchase, subscribe, or
receive shares, in any case for payment (in money cash
or money’s worth) at less than the prevailing market
price per share as determined by us; or
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If the Underlying Asset is an index, a substantial
adjustment to the composition of the index outside its
own terms allowing for adjustments or weightings; a
failure to publish the index or a suspension or
cancellation of the index.
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Adjustment of CFDs
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Following our determination that an Adjustment Event has
occurred, we will determine the adjustment, if any, which
should be made in the CFD in order to place the parties in
substantially the same economic position they would have
been in had the event not occurred.
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We will notify you as soon as practicable of the
adjustment, which will be deemed to be conclusive and
binding on you.
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Closing Out CFDs
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If at any time after the occurrence of an Adjustment Event
we determine (in our sole discretion) that it is not
reasonably practicable to make an adjustment in accordance
this Section, we may at any time after the Adjustment
Event close out the Transaction.
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If the Underlying Asset is subject to a take-over offer or
similar event, we may at any time prior to the closing
date of such offer, close out the CFD at our sole
discretion.
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If the issuer whose security represents the Underlying
Asset on which all or part of a CFD is based becomes
externally administered, the CFD will be taken to have
been closed out at that time. The closing price of the CFD
will be determined by us in good faith, considering a
number of factors we deems appropriate including, for
example, the last traded price of the Underlying Asset.
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If the Underlying Asset on which the CFD is based becomes
subject to a trade halt or suspension under the rules of
the relevant market, or ceases to be listed for quotation
on a market for 2 consecutive Business Days, we may, in
our absolute discretion, close out all relevant CFDs.
-
Prior to the adjustment or closing out of a CFD under this
Section 11, we might give you notice of our intention to do
so, including the terms of such adjustment or closing out.
Provided, however, that should we determine, at our sole
discretion, that it is not reasonably practicable to give you
such notice prior to the adjustment or closing out of a CFD,
we may do so as soon as reasonably practicable thereafter,
which shall not affect the terms and the time on which the
adjustment or closing out of the CFD has taken place. Any such
notice shall be provided to you via the Platform and/or by
email.
-
Intellectual Property; Website Technology
-
The brand names relating to the Website and any other
trademarks, service marks and/or trade names used by us either
on our own behalf, or on behalf of our licensors, are owned by
us, or our licensors (the “Trade Marks”). In
addition to the Intellectual Property Rights
(“IPR”) in the Trade Marks, we and/or our
licensors own the IPR in all other content of the Website (the
“Content“). By using the Website and/or the
Services, you shall not obtain any rights in the Trade Marks
or the Content and you may only use the Trade Marks and
Content in accordance with the Terms.
-
You may only use the software connected to the Website (the
“Software“) and all content derived from the
Software, including, but not limited to, the copyright and all
other IPR in the Software, in connection with the Services for
your personal and non-commercial use and in accordance with
the Terms. The Software’s code, structure and organization are
protected by IPR.
-
For the purposes of these Terms, “Intellectual Property
Rights” or “IPR” shall mean means pending or granted patents,
trademarks, service marks, trade names, registered and
unregistered designs, trade or business names, copyright
(including, but not limited to, rights in software), and any
applications for any of the aforesaid, database rights, design
rights, know-how, trade secrets, rights in confidential
information and any other intellectual property rights
whatsoever irrespective of whether such intellectual property
rights have been registered or not which may subsist in any
part of the world.
-
You hereby undertake not to: (a) copy, redistribute, publish,
reverse engineer, decompile, disassemble, modify, translate or
make any attempt to access the source code to create
derivative works of the source code, or otherwise; (b) sell,
assign, sublicense, transfer, distribute or lease the
Software; (c) make the Software available to any third party
through a computer network or otherwise; (d) export the
Software to any country (whether by physical or electronic
means); or (e) use the Software in a manner prohibited by any
laws or regulations which apply to the use of the Software
(collectively, and individually, the “Prohibited Actions”).
-
You shall be held liable for any loss, including direct and
indirect damages, costs or expenses, we may suffer as a result
of your Prohibited Actions. You agree to immediately notify us
if you commit any Prohibited Actions or if you have knowledge
of any third party committing any Prohibited Actions. You
agree to provide us with reasonable assistance with any
inquiry or investigation we may conduct as a result of the
information provided by you in regards to the Prohibited
Actions set out above.
-
Beware of Viruses and Phishing. You understand and bear
the risk that any use of the internet may be subject to a
virus attack and/or communication failure. You should use a
reputable and available virus screening and prevention
software at all times. The Company shall not bear any
liability, whatsoever, for any damage or interruptions caused
by computer viruses, spyware, Trojan horses, worms or other
malware that may affect your systems, computer or other
equipment, or any phishing, spoofing or other virus attacks.
The Company cautions you to carefully review any electronic
messages purporting to originate from the Company, and to be
aware that electronic devices are vulnerable to phishing and
spoofing scams and additional viruses. The Company advises you
to always provide your Log In through the Website only and
avoid using unauthentic communications advising you of other
options to provide your Log In (or other Registration Details)
to gain access to the Services offered through the Website.
-
External Websites and Third-Party Signal Providers
The Company makes no representations and takes no responsibility
whatsoever regarding any third-party websites, services, or
content which you may access through this Website. The Website
or the Company’s representatives may present links or other
forms of references to other websites, resources or market
research providers (including but not limited to market research
provider “Trading Central”), (the “External Websites”) over which the Company has no control. You acknowledge that
the Company may present such links or references to you only as
a convenience and that Company does not endorse any of the
External Website services or offerings made to you or any
content provided therein. The Company is not responsible for the
availability of, and content provided on External Websites. You
are requested to review the policies posted by the External
Websites regarding privacy and other topics before use. The
Company is not responsible for third party content accessible
through the Website, including opinions, advice, statements,
prices, activities, and advertisements, and you shall bear all
risks associated with the use of such content. It is up to you
to take precautions to ensure that whatever you select for your
use is free of such items as viruses, worms, Trojan horses and
other items of a destructive nature. If you access any such
External Websites you agree that you do so at your own risk, you
agree that we will have no liability arising from your use of or
access to any External Websites and you agree that you
understand that past performance is not a reliable indicator of
future performance. You are requested to review the policies
posted by the External Websites regarding privacy and other
topics before your use.
- No Warranty
CLIENT HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE
EXPRESSLY SPECIFIED IN WRITING BY THE COMPANY, (A) THE USE OF
THE SERVICES, SOFTWARE AND WEBSITE IS, ON AN “AS IS” AND “AS
AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF
ANY KIND, AND THE COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED
WARRANTIES AS TO THE SERVICES, SOFTWARE, AND WEBSITE, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT;
(B) THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES,
SOFTWARE OR WEBSITE ARE RELIABLE, CURRENT OR ERROR-FREE, THAT
THEY MEET CLIENT’S REQUIREMENTS, OR THAT DEFECTS IN THE
SERVICES, SOFTWARE OR WEBSITE WILL BE CORRECTED; AND (C) THE
COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE
SOFTWARE OR WEBSITE, ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS AND THE CLIENT ACKNOWLEDGES THAT THE USE OF THE
SERVICES, SOFTWARE, AND WEBSITE ARE AT THE SOLE RISK OF THE
CLIENT.
- No Liability
CLIENT ACKNOWLEDGES AND AGREES THAT TO THE EXTENT PERMITTED BY
ANY APPLICABLE LAW IN NO EVENT WILL THE COMPANY, ITS AFFILIATES,
LICENSORS AND/OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE
OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR
REPRESENTATIVES, BE LIABLE FOR ANY AND ALL DAMAGES OR INJURY
WHATSOEVER CAUSED BY OR RELATED TO THE USE OF, THE SERVICES,
SOFTWARE, AND THE WEBSITE, UNDER ANY CAUSE OR ACTION WHATSOEVER
OF ANY KIND IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION,
ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT
(INCLUDING NEGLIGENCE) AND THAT COMPANY, ITS AFFILIATES,
LICENSORS AND/OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE
OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR
REPRESENTATIVES, SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY
WHATSOEVER ARISING OUT OF THE USE OF THE SERVIES, SOFTWARE OR
THE WEBSITE.
- Indemnification
You agree to defend, indemnify and hold harmless the Company,
its subsidaries, connected companies, affiliates and service
providers, and any of their respective employees, officers,
directors, agents, joint ventures, and representatives, from any
claims, demands, liabilities, damages, or costs (including
attorneys’ fees, fines, or penalties) suffered by the Company
and arising out of or related to (i) breach by you of the Terms;
(ii) your use of the Website, Software, or Services or use by
any other person accessing the Services or Software using your
user identification whether or not with your authorization; or
(iii) any violation by you of any law, rule, regulation, or the
rights of any third party.
- Risk Factors
-
Trading in leveraged financial instruments, such as CFDs,
carry a high level of risk, including the risk of losing your
entire invested capital, and may not be suitable for all
investors. The high degree of leverage can work against you as
well as for you.
-
Trading in CFDs should not be undertaken unless you understand
and are comfortable with the risks of CFDs. You should
consider whether dealing in CFDs is appropriate for you in the
light of your circumstances and after carefully reviewing the
all the risk factors of CFD.
-
CFDs are derivative products that are speculative and carry
significant risks. We do not make or give any recommendation,
advice or opinion in relation to CFDs. We do not take into
account your objectives, financial situation or needs. You
should obtain your own independent financial, legal, taxation
and other professional advice as to whether the CFDs are an
appropriate investment for you.
-
The Company neither takes responsibility for any loss, nor
does it advise the Clients with regards trading. The Company
and the Client are counterparties and therefore, do not have
the same interest in an outcome of a given trade. You must
trade in your sole discretion and based on your personal
knowledge. Moreover, We act as the contractual counterparty to
your Transactions, and not as your agent or broker. As such,
you understand and acknowledge that an inherent conflict of
interest exists between you and us in this regard, and you
should assume that we have an economic incentive to be a
counterparty to any Transaction with you.
-
Miscellaneous
-
Entire Agreement. These Terms comprise the entire
understanding and agreements between you and the Company
as to the subject matter hereof, and supersedes any and
all prior discussions, agreements and understandings of
any kind (including without limitation any prior versions
of this Agreement), and every nature between you and the
Company.
-
Status of Parties. Both you and the Company are
independent parties, and nothing in these Terms shall be
deemed to create between you and the Company any other form of
relationship, and the parties shall not be deemed to be
partners, joint ventures or agents. You are not authorized to
make any obligations on behalf of the Company.
-
Assignment. You may not assign any rights and/or
licenses granted under these Terms, including without
limitation, the right to use the Account which is exclusively
for your personal use. The Company reserves the right to
assign our rights without restriction, including without
limitation to any Company affiliates or subsidiaries, or to
any successor in interest of any business associated with the
Company Services. Any attempted transfer or assignment in
violation hereof shall be null and void. Subject to the
foregoing, these Terms will bind and inure to the benefit of
the parties, their successors and permitted assigns.
-
Severability. If any provision of these Terms shall be
determined to be invalid or unenforceable under any rule, law
or regulation or any governmental agency, local, state, or
federal, such provision will be changed and interpreted to
accomplish the objectives of the provision to the greatest
extent possible under any applicable law and the validity or
enforceability of any other provision of these Terms shall not
be affected.
-
Survival. All provisions of these Terms which by their
nature extend beyond the expiration or termination of these
Terms, including, without limitation, sections pertaining to
suspension or termination, Company Account cancellation, debts
owed to the Company, general use of the Company Website,
disputes with Company, and general provisions shall survive
any expiration or termination of the Terms.
-
Force Majeure. Company shall not be liable for delays,
failure in performance or interruption of service which
results directly or indirectly from any cause or condition
beyond its reasonable control, including, but not limited to,
any delay or failure due to any act of God, act of civil or
military authorities, act of terrorists, civil disturbance,
war, strike or other labor dispute, fire, interruption in
telecommunications or Internet services or network provider
services, failure of equipment and/or software, other
catastrophe or any other occurrence which is beyond Company’s
reasonable control and shall not affect the validity and
enforceability of any remaining provisions.
-
English Language Controls. Any translation of the
Terms, if provided, is provided for your convenience alone.
The meanings of terms, conditions and representations herein
are subject to definitions and interpretations in the English
language. Any translation provided may not accurately
represent the information in the original English.
-
If in the course of using the Services you are disclosed of
any confidential information, you are obligated to keep such
confidential information in strict confidence and use it in
connection with the Services only. You may not disclose such
confidential information without the Company’s prior written
consent. Upon termination of the Terms, or upon request, you
are obligated to immediately return to the Company or destroy
any such confidential information that you received from the
Company. Confidential information shall include matters
related to any arbitration or related judicial proceedings, if
any, to the greatest extent practicable.
-
Governing Law. The Terms and the relationship between
the parties shall be governed by, and interpreted in
accordance with, the laws of saint vincent and the grenadines
and you irrevocably submit, for the benefit of the Company, to
the exclusive jurisdiction of the courts of saint vincent and
the grenadines to settle any disputes (including claims for
set off and counterclaims) which may arise in connection with
the creation, validity, effect, interpretation or performance
of, or the legal relationships established by, the Terms or
otherwise arising in connection with the Terms.
Appendix No. 1
Trading Examples
Below are some examples to illustrate the variables for a
typical Transactions and how they affect the calculations. The
variables of your actual Transactions will of course differ, as
these examples are for illustrative purposes only. These
examples do not reflect any actual Transaction or market
conditions and are not forecasts or projections of any
particular Transaction.
-
Example of going short and making a profit on share
CFDs*:
|
You opened an account with us, with an opening balance of
$10,000
|
|
Day one:
|
|
Opening a Position
|
Calculation
|
Account Display
|
|
The price of CFD on Facebook share is $120.88 (bid price)/
$121.33 (offer price) You
sell 100 Facebook share CFDs at the bid
price of $120.88
|
100 x $120.88 = $12,088.00 |
$ 10,000 (opening equity) |
|
The Initial Margin requirement for this trade equals the
number of CFDs multiplied by trade price multiplied by the
margin rate for this CFD, which is 10%.
|
$12,088.00 (see above) X 10% (margin rate) = $ 1,208.00 $
10,000 (opening equity) – $ $1,208.00 (Initial Margin
requirement) = $8,792.00
|
$8,792.00 (free equity ) |
|
You decided to hold the position overnight. The closing
price for Facebook Share CFD for the day was $120.88, the
same as your sell price.
|
|
|
Day two:
|
|
At 11:30 a.m. New York time, because of worse than
expected earnings announcement, the Facebook share had
fallen to $111.88
|
Unrealised Profit: ($120.88 – $111.88) x 100 =$ 900 New
Equity Balance: $ 10,000 + $ 900 =$10,900
|
$10,900 (total equity) |
|
Your open position will remain at the historical purchase
price of $120.88; This way you can keep track of your
original purchase price at all times. Your free equity is
your total equity less your margin requirement.
|
New Margin Requirement: $100 x $111.88 x 10% =$1,118.80
Current free equity: $10,900 (total equity) -$1,118.80
(New Margin Requirement) = $9,781.20
|
$9,781.20 (free equity) |
|
At 3:45 p.m. you decided to close your position. The
market is quoted at $110.43 (bid price) /$110.88 (offer
price)
|
|
To close your position, you buy 100 Facebook Share CFDs,
at $110.88 market offer price
|
100 x $110.88 = $11,088.00 |
|
| Realised Profit |
($120.88 – $110.88) x 100 =$ 900 $10,000 (opening deposit)
+ $900 (realised profit) = $10,900 (total equity)
|
$10,900 (total equity) |
In this example, you were right in predicting Facebook will go
down, and would have made $900 profit. However, if your
prediction was wrong and the price of Facebook had moved in the
opposite direction by an equal amount, your loss would have been
(-) $900. Please see the example below for how this loss is
calculated.
-
Example of going short on share CFD and incurring a
loss*:
|
You opened an account with us, with an opening balance of
$10,000
|
|
Day one:
|
|
Opening a Position
|
Calculation
|
Account Display
|
|
The price of CFD on Facebook share is $120.88 (bid price)/
$121.33 (offer price) You
sell 100 Facebook share CFDs at the bid
price of $120.88
|
100 x $120.88 = $12,088.00 |
$ 10,000 (opening equity) |
|
The Initial Margin requirement for this trade equals the
number of CFDs multiplied by trade price multiplied by the
margin rate for this CFD, which is 10%.
|
$12,088.00 (see above) X 10% (margin rate) = $ 1,208.00 $
10,000 (opening equity) – $ $1,208.00 (Initial Margin
requirement) = $8,792.00
|
$8,792.00 (free equity ) |
|
You decided to hold the position overnight. The closing
price for Facebook Share CFD for the day was $120.88, the
same as your sell price.
|
|
Day two:
|
|
At 11:30 a.m. New York time, because of better than
expected earnings announcement, the Facebook share had
risen to $129.88
|
Unrealised loss: (120.88 – 129.88) x 100 = -$900.00 New
Equity Balance: $ 10,000- $ 900 =$9,100
|
$9,100 (total equity) |
|
Your open position will remain at the historical purchase
price of $120.88; This way you can keep track of your
original purchase price at all times.
|
New Margin Requirement:
100 x $129.88 x 10% =$1,298.80 Current free equity: $9,100
(total equity) – $1,298.80 (New Margin Requirement) =
$7,801.20
|
$7,801.20 (free equity) |
|
At 3:45 p.m. you decided to close your position. The
market is quote at $129.43 (bid price) /$130.88 (offer
price)
|
|
To close your position, you buy 100 Facebook Share CFDs,
at $130.88 market offer price.
|
100 x $130.88 = $13,088.00 |
|
| Realised Loss: |
($120.88 – $130.88) x 100 = $-1,000 $10,000 (opening
deposit) – $1,000 (realised loss) = $9,000 (total equity)*
|
$9,000 (total equity)* |
In this example, you were wrong in predicting Facebook will go
down, and would have made $1,000 loss.
-
Example of going short on share CFD with margin call*:
|
You opened an account with us, with an opening balance of
$2,000
|
|
Day one:
|
|
Opening a Position
|
Opening a Position
|
Opening a Position
|
|
The price of CFD on Facebook share is $120.88 (bid price)/
$121.33 (offer price) You
sell 100 Facebook share CFDs at the bid
price of $120.88
|
100 x $120.88 = $12,088.00 |
$2000 (opening balance) |
|
The Initial Margin requirement for this trade equals the
number of CFDs multiplied by trade price multiplied by the
margin rate for this CFD, which is 10%. Your free equity
is your total equity less your margin requirement.
|
$12,088.00 (see above) X 10% (margin rate) = $ 1,208.80 $
2,000 (opening balance)- $ 1,208.80 (Initial Margin
requirement) = $791.20
|
$791.20 (free equity ) |
|
You decided to hold the position overnight. The closing
price for Facebook Share CFD for the day was $120.88, the
same as your sell price.
|
|
|
Day two:
|
|
At 11:30 a.m. New York time, because of better than
expected earnings announcement, the Facebook share had
risen to $135.88
|
Unrealised loss: ($120.88 – $135.88) x 100 = $-1,500.00
New Equity Balance: $ 2,000- $ 1,500.00=$500
|
$500 (total equity) |
|
Your account is marked to market at the current market
price which will change your account balance
|
New Margin Requirement:
100 x $135.88 x 10% =$1,358.80 Current free equity: $500
(total equity) – $1,358.80 (New Margin Requirement) =
-$858.8
|
– $858.8
(free equity)
|
|
As your Free Equity has fallen into a debit balance, you
would now be on a Margin Call.*
|
$858.8 margin call*
|
|
In this example, your Total Equity Balance fell below your
Margin Requirement, your account will be placed on Margin
Call. When your account moves into deficit you have two
options. You can either reduce your position in order to
reduce your Margin requirement or deposit additional funds
into your account in order to increase the equity amount
and satisfy the Margin Call. When you are in Margin Call
you are not allowed to open any new positions. Further
Margin Calls will be made if the price of Facebook keeps
going up during the day. Please refer to the following
example. *All examples provided above, do not include any
additional Company and/or Trading Fees that the Company
may imply on any transaction and/or account, including but
limited to over night fees, inactive fees, etc.
|