This Agreement governs the relationship between the Client and Apex-Trade ("Company"). Apex-Trade agrees to provide services to the Client under the terms herein, and by using such services, the Client agrees to accept the terms of this Agreement. If this Agreement varies from anything contained in the Apex-Trade website or materials or communications provided by Apex-Trade, this Agreement controls.
Use of the Website:
1.1. By accessing this Website, the Client signifies their agreement with and understanding of the following Terms of Use.
1.2. The Client warrants and represents to the Company that they are legally entitled to visit the Website and make use of information made available via the Website.
1.3. The Company reserves the right, at its sole discretion, to change, modify, add, or remove any portion of this Website or these Terms of Use at any time and for any reason without notice to the Client.
1.4. Changes to these Terms of Use will be effective when posted. Continued use of this Website following any such changes shall constitute the Client's acceptance of such changes.
Access:
2.1. This website and the information, tools, and materials contained in it are not directed to, or intended for distribution to or use by, any person or entity who is a citizen or resident of, or located in, any jurisdiction where such distribution, publication, availability, or use would be contrary to law or regulation or which would subject the company or its affiliates to any registration requirement within such jurisdiction. In accessing any part of the website, the client agrees not to use this website in such a way that disrupts, interferes with, or restricts the use of this website by other users; not to upload, display, or transmit any materials through this website that are false, offensive, defamatory, threatening, obscene, unlawful, or which infringe the rights of any other person anywhere in the world.
Disclaimer of Warranties:
3.1 The Company makes no representations about the results to be obtained from using this Website, the Services, the information, or the content.
3.2 The use of the same is at the Client's own risk. The information on this Website is provided on an "as is" and "as available" basis.
3.3 The company does not warrant the accuracy, completeness, security, or timeliness of the content, information, or Services provided on or through the use of the Website, either expressly or impliedly, for any particular purpose.
Privacy:
4.1 The Company's Privacy Policy governs the use of information collected from or provided by the Client on this Website.
Limitation of Liability:
5.1 The Company shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect, or consequential), personal injury, or expense of any nature whatsoever which may be suffered by the Client or any third party as a result of or which may be attributable, directly or indirectly, to the access and use of the Website, any information contained on the Website, the Client's personal information or material, and information transmitted over the Company's system. In particular, neither the Company nor any third party or data or content provider shall be liable in any way to the Client or to any other person, firm, or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury, or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
Intellectual Property:
6.1 All trademarks, names, logos, and service marks (collectively "The Trademarks") displayed on this Website are registered or unregistered trademarks of the Company or third parties that may own the Trademarks displayed on the Website. Nothing contained on this Website should be construed as granting any license or right to use any trademark displayed on the Website without written permission from the Company or a third party. The Client's use of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms of Use, is strictly prohibited.
6.2 The Client may download content only for personal use for non-commercial purposes, but no modification or further reproduction of the content is permitted. The contents of the Website, including any images, text, executable code, and layout design, may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted, or otherwise used except as provided herein without the express prior written permission of the Company.
6.3 The Client may not, for any reason, distribute, modify, duplicate, transmit, reuse, re-post, or use the content of the Website for public or commercial purposes, including the text, images, audio, and video, without prior written consent from the Company. Anything that the Client transmits to this Website becomes the property of the Company, may be used by the Company for any lawful purpose, and is further subject to disclosure as deemed appropriate by the Company, including to any legal or regulatory authority to which the Company is subject.
6.4 The Company reserves all rights with respect to copyright and trademark ownership of all material on this Website and will enforce such rights to the full extent of the law.
Links and Advertisements:
7.1 The Website may include links to other Internet websites or resources, as well as third-party advertisers websites. You acknowledge and agree that the Company shall not be responsible for any such external website, resource, or advertisement. The Company does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites, resources, or advertisements.
Client Agreement:
This client agreement is entered into by and between the operator of the Apex-Trade site (the "Company") and the person or legal entity that has applied to open a trading account at the Company's CFD Trading platform (the "Client"), according to the terms and conditions detailed herein.
Introduction:
1.1 This agreement, as well as any legally binding document entered into between the Company and the Client, all as amended from time to time (together: the "Agreement"), sets out the terms upon which the Company will deal with the Client in respect to placing orders and trading over financial instruments on the Company's trading platform.
1.2 Trading means that a contract is being created which gives the Client the right to estimate the direction of change in the price of an underlying asset within a specified time frame determined by the Company. This trading instrument is different from trading in traditional options since there is a fixed return that is determined at the outset of the trade. There is usually no Stop-Loss order and other features.
1.3 Opening an account and usage of the Trading Platform provided by the Company is by a limited license given by the Company to the Client. The license is personal, non-transferable, and is for persons who are older than 18 years old (or older legal age if the law applicable to the Client's jurisdiction requires a higher legal age) and subject to this Agreement. The Client may not transfer, assign, or enable others to make any use of the license and/or give the Client's access codes to the Trading Account to anyone. Any damage caused to the Client, the Company, and any third party due to a breach of this Agreement by the Client shall be under the Client's sole responsibility.
1.4 All services are provided to the client by Apex-Trade, which is the management company, and the client enters into a contractual agreement with Apex-Trade only.
Opening of the Trading Account:
2.1 The Company will open an account for the Client (the "Trading Account") as soon as reasonably practicable after: (i) the Company has received confirmation that the Client has agreed to enter into this Agreement (such confirmation can be made by checking the "I AGREE" button or link on the Company’s Internet website (the "Website"), followed by a completed application form (if applicable) and all other Client’s information required by the Company for full verification. The Client confirms that Client’s information is full, accurate, and complete. If there is a change in the information provided by the Client at any time, the Client must notify the Company immediately of any such change.
2.2 The Trading Account will be activated by the Company as soon as the Company has identified the funds credited by the Client to the Trading Account. The Company may activate the Trading Account and permit trading in the Trading Account subject to such limitations, and before full verification has been determined, and to the satisfaction of such further requirements as the Company may impose. In the event that the Trading Account is activated but any such requirements are not complied with, the Company may freeze activity in the Trading Account. Where a Trading Account is not activated or is frozen, no funds held by the Company in respect of that Trading Account may be transferred back or to any other person until the Company is satisfied that all Applicable Regulations have been complied with.
2.3 In relation to any Transaction entered into pursuant to the Agreement, the Company may act, according to the Company’s sole discretion, as principal or as an agent on the Client’s behalf. Therefore, the Company may act as the counterparty to the Client’s Trading activity. The Client confirms that it acts as a principal and not as an agent or trustee on behalf of someone else.
2.4 The Client hereby represents and warrants that their engagement with the Company in this Agreement and their use of the Company’s services are in full compliance with the law applicable to the Client.
Trading Platform:
3.1 The Trading Platform supplied by the Company enables trading in foreign exchange rates of different currencies, commodities, and any other financial instruments made available by the Company (all hereof: "Financial Instruments"). The Trading Platform displays indicative quotes of exchange rates of different financial instrument pairs, based on different financial information systems, as the most updated exchange rates in the international capital markets. For determining the quotes for different time periods, the platform makes mathematical calculations according to known and accepted capital markets formulas. It is acknowledged by both Parties that due to different calculation methods and other circumstances, different trading platforms and/or markets may display different price quotes.
3.2 The Company does not warrant that trading in the Trading Account will be available at all times.
3.3 The Client authorizes the Company to rely and act on any order, request, instruction, or other communication given or made (or purporting to be given or made) by the Client or any person authorized on the Client’s behalf, without further inquiry on the part of the Company as to the authenticity, genuineness, authority, or identity of the person giving or purporting to give such order, request, instruction, or other communication. The Client will be responsible for and bound by all obligations entered into or assumed by the Company on behalf of the Client in consequence of or in connection with such orders, requests, instructions, or other communication.
3.4 The Company has the right, but not the obligation, to set, at its absolute discretion, limits and/or parameters to control the Client’s ability to place orders or to restrict the terms on which a Transaction may be made. Such limits and/or parameters may be amended, increased, decreased, removed, or added to by the Company and may include (without limitation): (i) controls over maximum order amounts and maximum order sizes; (ii) controls over the total exposure of the Company to the Client; (iii) controls over prices at which orders may be submitted (including, without limitation, controls over orders which are at a price that differs greatly from the market price at the time the order is submitted to the Company’s order book); (iv) controls over any electronic services provided by the Company to the Client (including, without limitation, any verification procedures to ensure that any particular order or orders have come from the Client); or (v) any other limits, parameters, or controls which the Company may require. The Company may, in addition, require the Client to limit the number of open Transactions which the Client may have with the Company at any time.
3.5 The Company does not allow actions or non-actions based on arbitrage calculations or other methods that are based on the exploitation of different systems or platform malfunctions, delays, errors, etc.
3.6 The Company is entitled, at its own discretion, to cancel any trade that has been executed due to or in connection with an error, system malfunction, breach of the Agreement by the Client, etc. The Company’s records will serve as decisive evidence of the correct quotes in the world capital markets and the wrong quotes given to the Client; The Company is entitled to correct or cancel any trade based on the correct quotes.
3.7 Reporting - The Client can see their open trades ("Positions") and guarantee funds situation at any time by accessing their Trading Account in the Company’s platform and viewing past trade reports generated by the Company. No hard-copy reports are sent.
Deposits and Withdrawals:
4.1 The Client may transfer funds to the Company using different payment methods permitted by the Company from time to time and in any currency acceptable to the Company. Such funds will be converted and managed in the Trading Platform in US Dollars and/or Euro and/or GBP, as determined by the Company, according to an exchange rate determined by the Company based on the available market rates.
4.2 When making a bank transfer, the Client must send the Company an authentic SWIFT confirmation, stating full bank account details and proof that the bank account is registered under its name. Non-delivery of the SWIFT confirmation or if the details do not conform to the Client’s details registered with the Company may result in the funds not being credited to the Client’s Trading Account.
4.3 The funds deposited with the Company by the Client, along with any Profit or other Benefits the Client may be entitled to according to a specific agreement with the Company, shall be used as security for any Transaction, including Trading Losses, Commission, and any other fee or debt owed by the Client to the Company, which will be automatically deducted from the Client’s equity in the Trading Account. The Client’s Funds shall not accumulate any interest or other benefits. Trading related to a reference security shall not grant the Client any right to dividends, voting, allocations, or any other Benefits but may be subject to adjustments according to financial or corporate events affecting the reference security, such as distribution of dividends, splits, etc.
4.4 Repayment of any funds via wire transfer by the Company to the Client will be in the same currency and to the same account/credit card from which the funds were originally transferred, unless the Company, by its own discretion, decides to return the funds to a different account of the Client.
4.5 The Client declares that all funds transferred to the Company do not derive from any criminal or other illegal activity and without any violation of any applicable anti-money laundering laws and regulations.
4.6 The Client will have no claim against the Company and will not hold the Company responsible for any delay and/or differences originating from a credit company’s, banks, or other financial institutions rates calculation and/or commission and/or any other debit.
4.7 a) In the case the Client gives an instruction to withdraw funds from the Trading Account, Apex-Trade finance department supervises every withdrawal request submitted. Identification documents must be submitted to process any withdrawal. The Company shall pay the specified amount (less any transfer charges, if applicable, see point (5) below) within seven to ten (7-10) Business Days once instructions have been accepted, and at the moment of payment, the Client’s margin requirements, proof of identity (to ensure the safety of client’s funds), and due diligence criteria have been met. The Company may cancel the Client’s withdrawal order if, according to the Company’s discretion, the remaining funds (after the withdrawal) shall not be sufficient to secure open Position(s) in the Trading Account. b) The company does not take any responsibility for any delays in withdrawals, due to third-party (banks, credit card companies, or other service providers) policies, nor any force major events that are not under the company’s control. c) The minimum withdrawal amount for wire transfers is $500.00 USD. d) The minimum withdrawal amount for Credit card / Debit Card transfers is $100 USD. e) The minimum Deposit amount (for Credit / Debit cards) is $250 USD / Max Deposit amount is unlimited.
4.8 The Company shall debit the Client’s Trading Account for all payment charges. If the Client has the obligation to pay any amount to the Company which exceeds the amount held in the Client’s Trading Account, the Client shall immediately pay such amount upon the Company’s request.
4.9 The Company shall not provide physical delivery in relation to any Transaction. As mentioned above, Profit or loss is credited to or debited from the Trading Account (as applicable) once the Transaction is closed.
Fees & Charges:
5.1 All deposits to the company, either by Credit Card or Wire Transfer, are not subject to fees from the company. Clients may see fees charged to them, and these charges will be from the client's bank.
5.2 All withdrawals, either by Credit Card or Wire, are not subject to fees. The company pays all fees for wire withdrawals.
5.3 The company applies a 3.25% management fee every 6 months. Management fees are usually assessed at the start of the present 6-month period and are based on both the average and total account balance for the previous month and on each deposit made during the current period. If the Client decides to shut down the Account during the 6-month period where the management fee has not been assessed, then the complete fee will be assessed prior to the closure of the account.
5.4 The company applies a 3.50% quarterly trading commission per quarter.
5.5 The company applies a 25% fee for early withdrawal based on account type settings.
5.6 The company applies a 30% benchmark fee based on account type settings.
5.7 All fees are not deductible from the trading account and should be paid separately.
5.8 The Company may introduce additional fees and charges and may change any existing fees and charges at any time, by giving the Client not less than 10 Business Days’ notice of such changes.
Bonus Policy:
6.1 The Company may offer a number of attractive reward features, including welcome bonuses, contests, and awards to new or existing customers. Bonuses and trading credits rewarded to clients are part of the Company’s promotions programs. These bonuses are limited-time offers, and the terms and conditions associated with any bonus rewards are subject to change from time to time.
6.2 Bonuses and profits that are based, even partially, on the use of bonus credit shall be forfeited in case the Company suspects any act of fraud or breach of the Company’s Terms and Conditions by the Client.
6.3 In order to withdraw funds from an account that has been credited with a trading bonus, the trader will be required to execute a minimum trading volume of (bonus amount + Deposit) x25.
6.4 Funds can only be withdrawn when the preceding stipulation has been fully met and fulfilled. All trading bonuses are final, and a trading bonus cannot be removed once it has been credited to an account.
6.5 In regards to all “7 days guarantee campaign” or all insured money campaigns: Insured money is replaced with bonus money. The bonus money needs to meet the following trading requirements in order to be withdrawn. The 1st deposit amount needs to be traded 15 times in order to be eligible for withdrawal.
Privacy and Data Protection:
7.1 Due to the nature of the Company’s business and relations with the Client, the Company shall hold some personal client information. All data collected, whether it is on paper or on a computer, is safeguarded to maintain Client privacy under Data protection laws.
7.2 The Company shall be permitted to use and/or disclose the Client Information (a) for internal use, including with affiliated entities; (b) as permitted or required by law; (c) for protection against or to prevent actual or potential fraud or unauthorized transactions or behavior (d) for computerized supervision of the Client’s use of the services, review and/or supervision and/or development and/or maintenance of the quality of services; (e) to protect the Company’s rights or obligations to observe any applicable law.
7.3 The Client hereby grants the Company his/her permission to make use of his/her details to provide updates and/or information and/or promotion or marketing purposes through the Client's E-mail address or other contact information. Cancellation of this consent shall be performed by providing written notice to the Company and shall apply to new publications that have not been sent.
7.4 The Client agrees that the Company may record all conversations with the Client and monitor (and maintain a record of) all emails sent by or to the Company. All such records are the Company’s property and can be used by the Company, amongst other things, in the case of a dispute between the Company and the Client.
7.5 Affiliation - the Company may share commissions and charges with its associates, introducing brokers, or other third parties (“Affiliates”), or receive remuneration from them in respect of contracts entered into by the Company. Such Affiliates of the Company may be disclosed with the Client’s information.
7.6 The Company’s Trading Platform, Website, or other services may require the use of ‘Cookies’.
Advice, Information, and Tax:
8.1 Neither the Company nor any of its representatives will provide the Client with investment advice or recommendations, offer opinions regarding the suitability of any security, account type, order, transaction, or investment advisor or strategy, solicit any order or transaction, monitor the Client's account or investments, or provide legal, tax, or accounting advice (collectively, "Advice"). Nothing on the Company’s website is or shall be deemed a recommendation or solicitation to buy or sell securities, futures, or any other investment products, or as to the manner in which those products are bought or sold, or to engage in any investment strategy. The Client will not seek, accept, or rely on any Advice from the Company or its representatives, or any communication that could be construed as such. Discussion of alternatives, such as the different types of investment products available to the Client, is not investment advice. Because the Company does not provide Advice, the Company is not responsible for the suitability or appropriateness of any order, trade, investment, investment strategy, selection of advisor, or other activity of the Client. The Client agrees that any order submitted to or transaction executed by the Company is solely the Client's own decision and is based on the Client's own evaluation of its personal financial situation, needs, and investment objective(s). The Company does not endorse and is not responsible for any advice, representation, content, or other information provided by third parties, including but not limited to any such information or third party referenced by or accessed through any means.
8.2 The Company does not advise its Clients regarding the expected profitability of any Transaction, and any tax or other consequences. The Client represents that it has been solely responsible for making its own independent appraisal and investigations into the risks of any Transaction. The Client represents that it has sufficient knowledge, market sophistication, and experience to make its own evaluation of the merits and risks of any Transaction. The Client acknowledges that he has read and understood the Risk Disclosure Document which sets out the nature and risks of Transactions to which this Agreement relates.
8.3 Where the Company does provide market commentary or other information: (a) this is incidental to the Client’s relationship with the Company. (b) It is provided solely to enable the Client to make its own investment decisions.
8.4 The Company shall not be responsible for the consequences of the Client acting upon such trading recommendations, market commentary, or other information.
8.5 The Client acknowledges that the Company shall not, in the absence of its fraud, willful default, or gross negligence, be liable for any losses, costs, expenses, or damages suffered by the Client arising from any inaccuracy or mistake in any information given to the Client.
8.6 The Company is under no obligation to assess the appropriateness of any Transaction for a Client, to assess whether or not the Client has the necessary knowledge and experience to understand the nature of risks associated with the Transactions. All risks related to the above are under the sole responsibility of the Client.
8.7 Any tax applying to the Client and/or resulting from the Client’s trading activity, including trading profits and/or trading losses and/or any charges and/or deductions, shall be under the Client’s full and sole responsibility. The Client shall personally report and pay any personal, federal, state, and local tax liability he is obligated to, if applied. The Company serves as a mediator only and does not collect, deduct, pay, or withhold tax from the Client. The Company reserves the right, if ordered by an official entity, to deduct tax from the Client and deliver it to the proper tax authority as ordered by the official entity.
Account Balances:
9.1 Trading Account balances and statements are displayed within the trading platform made available to the Client by the Company. Common terms definitions can be found on the Company’s Website.
Closing an account and cancellation of the agreement:
10.1 Either party may terminate this Agreement by giving 10 (ten) days\' written notice of termination to the other. Either party may terminate this Agreement immediately in the case of any breach of this Agreement or event of Default by the other Party. Upon terminating notice of this Agreement, the Client shall be under the obligation to close all open positions; otherwise, the notice shall become void, or the Company shall have the right to close all open positions without assuming any responsibility. Such closure may result in an outcome that would be less favorable for the Client. 10.2 Upon termination, all amounts payable by Either Party to the other Party will become immediately due. 10.3 Termination shall not affect any outstanding rights and obligations according to applicable law and the provisions of this Agreement.
Limitations of Liability and Indemnities:
11.1 THE SERVICES OF THE COMPANY ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND THE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT ANY AFFILIATED SOFTWARE, SERVICES, OR COMMUNICATION THAT MAY BE OFFERED OR USED BY THE CLIENT SHALL ALWAYS BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM TRADING OR THE USE OF THE COMPANY’S SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
11.2 Client acknowledges and agrees that the Trading Platform follows the relevant market, whether the Client is in front of his computer or not, and whether the Client’s computer is switched on or not, and will execute the order left by the Client if applicable.
11.3 The Client shall, upon the first demand by the Company, compensate the Company from and against all liabilities, damages, losses, and costs (including reasonable legal costs), duties, taxes, charges, commissions, or other expenses incurred by the Company.
11.4 The Company shall have the right to set off any amount owed by the Company to the Client against any debt or other obligation of the Client towards the Company. In any event of Default of Client (voluntary or involuntary insolvency procedures against the Client), all debts, future debts, and other obligations of the Client towards the Company shall become immediately due.
