Legal information

Contents

1. General Provisions and Subject of the Agreement
2. Terms and Definitions
3. Communications and Provision of Information
4. Rules for Use of the Company's Services
5. Procedure for Making Claims and Dispute Settlement
6. Governing Law
7. Force Majeure
8. Liability of the Parties
9. Term and Termination of the Agreement
10. Final Provisions

1. General Provisions and Subject of the Agreement

1.1. This Service Agreement has been made between SMARTEX INTERNATIONAL LTD., registered at 103 Sham Peng Tong Plaza, Victoria, Mahe, Seychelles, registration number 144540 (hereinafter – Company), and an individual who filled in the registration form on the Company's website or in the trading platform and accepted the terms of this Service Agreement and of the appendices hereto at the moment of registration (hereinafter – Client). The Company and the Client are collectively referred to as the Parties.

1.2. The following documents are an integral part of this Service Agreement (appendices to this Service Agreement):
a. Regulation on trading operations;
b. Regulation on non-trading operations and KYC/AML policy;
c. Risk disclosure;
d. Other documents posted in the Legal information section on the Company's Website or in the trading terminal.
The Company is entitled to change the list, the titles and the contents of the appendices hereto unilaterally. The Company is entitled to add new appendices hereto or to exclude the existing ones without making any amendments to this clause hereof.
The text of the Service Agreement and of the appendices hereto is referred to as the Agreement.

1.3. The Agreement is an offer posted on the Company's Website that shall be treated as an offer to enter into this Agreement on the terms set forth herein. The posted offer is not public. The Company at its sole discretion is entitled to refuse to enter into an Agreement with anyone having explained the reasons for refusal or without any explanations, or, if registration took place, to cease contractual relations and to block access to the trading terminal. The Client's registration on the Company's Website or in the trading terminal is considered to be unconditional acceptance of the terms hereof. After the Company has received the Client's payment to his/her trading account, each of the Client's transactions using the trading terminal, the personal area becomes the subject hereof.

1.4. The Client shall read the terms hereof carefully. By accepting the terms hereof, the Client agrees to the terms of all appendices hereto listed above, confirms that he/she is of legal age, legally capable and is not a resident of a state where making binary option transactions may be recognised as illegal.
The Client also represents and warrants to the Company that:
1.4.1. All information provided during the Client's registration and in the course of fulfilment hereof is truthful, accurate and complete in all respects, and the Client has filled in the registration form himself/herself;
1.4.2. The Client has the powers necessary to enter into the Agreement, to submit requests and give orders, and to fulfil his/her obligations pursuant to the terms hereof;
1.4.3. The Client will perform trading and non-trading operations on behalf of himself/herself and at his/her own expense, acting reasonably and in good faith;
1.4.4. The Client will comply with legal norms, in particular international acts aimed at preventing illegal trade, financial fraud, money laundering and legalisation of criminal proceeds;
1.4.5. The Client will not use the trading terminal and the Website to aid in illegal financial activities and any other illegal operations;
1.4.6. Money transferred by the Client to the Company's account are of legal origin, the Client legally owns the money and is entitled to use it;
1.4.7.All actions of the Client performed pursuant to the Agreement will not violate any law, regulation, legislation, by-laws and rules applicable to the Client or in the jurisdiction where he/she resides or provisions of any other agreement binding for the Client or involving any assets of the Client.

1.5. The subject of the Agreement is determination of the general conditions of performing transactions (deals) by the Parties, the contents and procedure thereof being set forth herein. The Company at its sole discretion sets and may change the essential conditions of transactions (deals), may set restrictions on the number of deals made simultaneously and restrict the number of deals that the Client may perform within the period of time set by the Company.

2. Terms and Definitions

2.1. Asset – an underlying financial instrument of the binary option. An asset may be represented by company shares, stock index, currency pair (the rate of a currency exchange into another currency), goods quoted with commodity exchange, commodity options, etc.

2.2. Balance of the Client's Account – the amount of money in the Client's account.

2.3. Binary Option – a derivative financial instrument (deal) consisting of two operations: Deal Making and Deal Closure, as a result of which the Client either receives Income or loses the Deal Amount. However, the Company does not allow the Client to assume obligations in excess of the Deal Amount (the Company will not provide the Client with leverage). The Company makes option deals (High/Low option) with the Client, the target level of which is equal to the asset rate at the moment the deal is made. Payment is made if the rate change direction High is selected and at the moment the option expires the asset rate is higher than the target level, or if the rate change direction Low is selected and at the moment the option expires the asset rate is lower than the target level.

2.4. Bonus – virtual money transferred by the Company to the Client's Account if the Client complies with the conditions set forth by the Company. When the Client performs trading operations, money transferred by the Client is used first, and only after it is fully spent is the Client entitled to use the Bonus to perform further trading operations. As a general rule, the Client is not entitled to transfer the Bonus amount to the Client's External Account. If the Client transfers to the Client's External Account money previously transferred to the Client's Account, the Company is entitled to deduct from the Client's Account an amount of previously accrued Bonuses proportional to the amount of money withdrawn by the Client. The Company is entitled to set a minimum trading turnover as well as other conditions, and if the Client complies therewith the Bonus is not deducted from the Client's Account and can be withdrawn to the Client's External Account. The Company may post the rules for accrual, deduction, use of Bonuses, conversion of Bonuses into real money, and rules for performing other operations with Bonuses on the Website.

2.5. Company's Website – a website on the Internet located at olymptrade.com (domain name) as well as other websites on the Internet to which the Company refers to in the Agreement or on the Company Website.

2.6. Client's External Account – the Client's settlement account in a financial institution, account (wallet) in an electronic payment system.

2.7. Option Expiration Time – the moment when the condition of the Income payment option is checked.

2.8. Trading Hours – the time when trading operations with respect to an asset may be made.

2.9. Funds Withdrawal (Drawdown, Debiting, Deducting) – transfer of money from the Client's Account to the Client's External Account.

2.10. Income – fixed remuneration credited to the Client's Account if the binary option condition is fulfilled. The Income amount is determined at the moment of Deal Making.

2.11. Deal Making – a trading operation where essential conditions of the binary option deal are agreed by the Client and the Company. After it is made, the binary option deal is open.

2.12. Deal Closure – a trading operation where an open binary option deal is liquidated. It is performed if deal conditions are fulfilled at the time of option expiration or on the Client's initiative. Early deal closure means deal closure on the Client's initiative before it is closed at the time of option expiration. Deal closure on the Client's initiative is performed only if it is technically possible for the Company and is the Company's right, but not obligation.

2.13. Extraordinary Situation – market conditions that differ from normal ones and are described in the Regulation on trading operations.

2.14. Payment Coefficient – percentage coefficient that determines the Income amount set by the Company depending on the option asset and other conditions of the binary option.

2.15. Asset Rate – price for one unit of the Asset.

2.16. Log Entry – a record in the database made by the Company Server that, with accuracy to the second, logs all Client requests and orders as well as the result of their processing. Each Client contact with the trading terminal and personal area is recorded in Log Entries. This server data is the main source of information and is recognised by the Parties as evidence in case of disputes related to fulfilment of the Agreement. Information from the Log Entry of the Company Server shall prevail over other arguments when considering a dispute, in particular over information from the Log File of the Client's trading terminal. The Company reserves the right not to maintain Log Entries.

2.17. Rate Change Direction – an essential condition of a binary option deal determining the deal payment. Rate Change Direction can be High or Low.

2.18. Non-trading Operation – any operation of the Client dealing with transfer of funds to the Client's Account or withdrawal of funds from the Client's Account.

2.19. Operations – Trading and Non-trading operations of the Client.

2.20. Open Deal – a binary option deal after deal making and before deal closure, for which it is not determined yet whether a payment will be made.

2.21. Payment Agent – a third party used by the Company to transfer money to and/or from the Client's Account.

2.22. Price Feed – a succession of prices shown in the Trading Terminal.

2.23. Profitable Zone – the state of an open binary option deal if income payment for the deal is possible at the current deal asset rate.

2.24. Deal – an agreement between the Client and the Company under which the Client shall pay the Deal Amount and the Company undertakes to pay fixed Income if binary option conditions selected by the Client are fulfilled.

2.25. Company Server – the Company's software used to process and store information about clients' requests for trading and non-trading operations, to provide to the Client real-time information about trading in financial markets, to account for trading and non-trading operations, to control fulfilment of deal conditions and restriction of trading operations, and to determine the financial result of deals.

2.26. Withdrawal Method – one of the Funds Withdrawal methods offered to the Client that is published in the trading terminal and in the personal area.

2.27. Deal Amount – the amount paid by the Client to the Company when the deal is made. The Client's income from a binary option deal in case of fulfilment of the deal condition will be directly proportional to the deal amount.

2.28. Company's Account – the Company's settlement account in a financial institution, account (wallet) in an electronic payment system, and other accounts, including accounts of Payment Agents.

2.29. Essential Conditions of the trading operation (essential conditions of the deal) – the conditions determining payment of income from the deal to the Client by the Company.

2.30. Client's Account – a special account in the Company's accounting system where funds transferred by the Client for making binary option deals is accounted for, from which the deal amount is deducted when the deal is made, and to which income is credited when the deal is closed. The Client is allowed to have only one client account. If this rule is violated, the Company is entitled to refuse to provide further services to the Client, to terminate this Agreement and to disable further performance of operations without giving reasons.

2.31. Trading Operations – procedures for making and closing binary option deals between the Company and the Client. Trading operations are made at the Company's place of registration. No physical asset delivery is performed within trading operations. Deal amounts related to trading operations are deducted from the balance of the Client's Account immediately after the deal is made. Income received from trading operations is credited to the Client's Account immediately after the deal is closed.

2.32. Trading Terminal – software used by the Client to get real-time information about trading in financial markets, to perform trading operations and to receive messages from the Company. Login to the Trading Terminal is protected by a password that the Client sets himself/herself during registration on the Company's Website. All orders given through the Trading Terminal are considered to be given personally by the Client. Clients from states where it is forbidden by law to make binary option deals and deals with other off-market derivative financial instruments as well as employees, partners, agents of the Company and their relatives are prohibited from using the trading terminal.

2.33. Unprofitable Zone – the state of an open binary option deal if income payment for the deal is impossible at the current deal asset rate.

2.34. Target Level – the asset price that will or will not be achieved for the option condition to be fulfilled and deal payment to be made.

2.35. Cookies – a small set of data, including an anonymous unique identifier that is set to the web browser of the Client's computer or mobile phone (hereinafter referred to as a device) from the server (website) of the Company and stored on the hard disk of the Client's computer. The Client may set a web browser configuration that will block storage of cookies on his/her computer. When the Company's website is visited, viewed pages and cookies are downloaded to the hard disk of the Client's device. Cookies stored on the hard disk may be used for anonymous identification in case of a subsequent visit to the Company's website by the Client and for determination of website pages that are most popular among our Clients. However, for confidentiality and security reasons the Company does not store personal data of Clients (including name, personal data, email, etc.). Cookies stored on the hard disk of the Client's device help the Company to create an intuitive and well-functioning website for Clients of the Company, thus enabling us to learn the preferences of our Clients.
Terms used in the text of this Agreement that are not defined in this section shall be construed in accordance with usual business customs and practices applicable in the field of carrying out deals with derivative financial instruments.

3. Communications and Provision of Information

3.1. To communicate with the Client, the Company may use:
– e-mail;
– fax;
– telephone;
– SMS;
– letters sent by post;
– different types of messages sent to the Client in the trading terminal, personal area, browser window, etc. (push notifications, reminders, service messages, etc.)
– announcements on the Company's Website.

3.2. For prompt contact with the Client in order to resolve issues related to the Client's transactions, the Company will use the contact information provided by the Client during registration or amended pursuant to cl. 4.4. hereof. The Client agrees to receive messages from the Company at any time.

3.3. Any correspondence (documents, notices, confirmations, announcements, reports, etc.) is considered to be received by the Client:
1) in one (1) hour if sent to the Client's e-mail address;
2) immediately if sent by fax;
3) immediately after a telephone call is over;
4) immediately if sent by SMS;
5) in seven (7) calendar days if sent by post;
6) immediately after an announcement is posted on the Company's Website.

3.4. The Client is entitled to contact the Company by e-mail at help@olymptrade.com or to use other e-mail addresses and telephone numbers specified in this Agreement and on the Company's Website.

3.5. The Client understands and agrees that in case of inappropriate behaviour by the Client during conversations with a Company employee, the Company reserves the right to unilaterally terminate this Agreement.

3.6. The Company is entitled to use contact information provided by the Client to send informational, marketing, and advertising materials, service messages and to resolve other tasks. The Company will determine the frequency of sending messages to the Client at its sole discretion. If the Client wishes to stop receiving informational (and other) messages from the Company, he/she must unsubscribe by pressing the Unsubscribe link (if it is available in the message format) or contact the support service.

4. Rules for Use of the Company's Services

4.1. The Client undertakes to provide in the course of registration correct and reliable information for identification in accordance with requirements of the Client registration form.

4.2. After successful registration, the Client will be granted access to the trading terminal, the opportunity to transfer funds to the Client's Account (placing a deposit in the Client's Account to be able to make binary option deals) and to perform other operations.

4.3. The Client shall, in a timely manner, inform the Company about any changes to his/her identification and contact information (within seven (7) days after such change) by making the respective changes in the trading terminal or in another way suggested by the Company. To identify the Client, the Company is entitled to request the Client's identification document at any time after the Client registers. The Company reserves the right to suspend trading and/or non-trading operations related to the Client's Account if it is discovered that the Client's identification information is incorrect or questionable or if the Client fails to provide the requested documents.

4.4. Login to the trading terminal is password protected.
4.4.1. The Client confirms and agrees that access to the trading terminal will be protected with a password set by the Client himself/herself during registration. The Client is not entitled to transfer the trading terminal password to third persons.
4.4.2. The Client assumes full responsibility for password protection and prevention of unauthorised access of third persons thereto.
4.4.3. All orders given through the trading terminal with password entry are considered to be given personally by the Client.
4.4.4. Any person that gained access to the trading terminal by password entry is identified as the Client.
4.4.5. The Company will not be liable for any losses the Client may suffer in case of theft, loss or disclosure of the password to third persons, as well as in case of unauthorised use of registration data by third persons.

4.5. The Client is entitled to change the password to the trading terminal himself/herself or use the procedure for password recovery set by the Company.

5. Procedure for Making Claims and Dispute Settlement

5.1. The Parties have agreed that they will make every effort to settle all disputes between the Company and the Client related to transactions, calculation of payments and other actions hereunder by means of negotiations.

5.2. If a dispute arises, the Client is entitled to submit a claim/complaint to the Company, as well as to send a pronouncement/notice to the Company. All claims/complaints/pronouncements/notices related to operations performed by the Client shall be submitted in accordance with the following requirements:
5.2.1. claims/complaints/pronouncements/notices shall be submitted in writing;
5.2.2. claims/complaints/pronouncements/notices shall contain the following information: Surname, first name, patronymic (if any), Client's e-mail, Client's Account Number, date and time of the dispute, brief description of the dispute, Client's demands; claimed amount and justified calculation thereof (if the claim is subject to monetary evaluation); circumstances that are the grounds for the claim and evidence confirming such circumstances, including reference to the clause of this Agreement (appendices hereto) that was violated in the Client's opinion; list of documents and other evidence attached to the claim (complaint) attested by the Client; other information necessary to settle the dispute;
5.2.3. claims/complaints/pronouncements/notices shall be sent by the Client within five (5) business days after the event that was the basis for submission of the respective claim (complaint). The Client agrees that a delay in submission of the claim (complaint) is grounds for refusal to consider it;
5.2.4. claims/complaints/pronouncements/notices may be sent by e-mail to claim@olymptrade.com, by registered or certified mail, or by using other means of communication that ensure registration of the fact of their sending (including fax) or may be handed in with acknowledgement of receipt signed by the recipient.
Claims/complaints/pronouncements/notices made and sent otherwise will not be considered.

5.3. Claims/complaints/pronouncements/notices shall not contain:
a) emotional evaluation of the dispute;
b) offensive statements addressed to the Company;
c) profanity.

5.4. To respond to the claim/complaint/pronouncement/notice, the Company is entitled to request additional documents and information from the Client. The claim/complaint/pronouncement/notice is considered on the basis of data declared by the Client and log entries from the Company Server. Log entries from the Company Server shall always prevail over other evidence and proof. The Company is not liable for faulty deals and will not compensate any financial and moral damages suffered by the Client with respect to what the Client considers to be lost profit. When considering disputes, the Company will not take into account the Client's references to information from other companies and websites.

5.5. The Company is entitled to reject the claim/complaint/pronouncement/notice if the terms of this section are violated.

5.6. The claim/complaint/pronouncement/notice shall be considered within 5 business days after submission.

5.7. If the Client's claim/complaint/pronouncement/notice has not been settled by the Company by means of the above dispute settlement procedure, the Client shall be entitled to submit a claim to the Financial Commission (www.financialcommission.org).

5.8. In addition to the dispute settlement procedure set forth in clauses 5.2.-5.7., the Client is entitled to submit a claim to court, having first submitted the claim to the Company in accordance with the above procedure. The procedure for dispute settlement is considered to be complied with if:
a) the form and the contents of the claim comply with the requirements of clauses 5.2.1., 5.2.2., 5.2.3.;
b) the claim is sent to the Company's registration address;
c) the Client has a confirmation of claim receipt by the Company;
d) the response period for the claim has expired. The claim shall be answered within sixty (60) calendar days after it is received by the Company.

5.9. In case of any disputes, the Company reserves the right to fully or partially block operations related to the Client's Account until the dispute is settled or until the Parties come to an interim agreement.

6. Governing Law

6.1. This Agreement is made in the Republic of Seychelles (hereinafter – country of the Company's registration) and is governed by the legislation of the country of the Company's registration. The services hereunder are rendered in the territory of the country of the Company's registration.

6.2. The Client expressly:
a. agrees that the courts of the country of the Company's registration have exclusive jurisdiction to conduct any legal proceedings with respect to this Agreement;
b. submits to jurisdiction of the courts of the country of the Company's registration;
c. waives any appeals with respect to proceedings in any of such courts;
d. agrees to make no claims regarding forum non conveniens and not to declare that the forum state has no legal jurisdiction over the Client.

7. Force Majeure

7.1. Having reasonable grounds, the Company is entitled to state that it faces force majeure circumstances (circumstances of insurmountable force). The Company will take proper steps to inform the Client about the occurrence of force majeure circumstances. Force majeure circumstances include (but are not limited to):
a. any action, event or phenomenon (including, but not limited to, any strike, mass rioting or civil unrest, terrorist attacks, wars, natural disasters, accidents, fires, floods, storms, blackouts, communication, software or electronic equipment failures) that, in the reasonable opinion of the Company, resulted in destabilisation of the market or markets of one or several assets (instruments);
b. suspension, liquidation or closure of any market or absence of any event on which price quotations were based by the Company, or setting restrictions or special or non-standard trade conditions in any market or with respect to any such event.

7.2. If the Company establishes the occurrence of a force majeure circumstance, the Company is entitled (without prejudice to other rights of the Company) to perform any of the following actions without prior written notice and at any time:
a. cancel any or all open deals of the Client;
b. suspend or alter the application of one or all provisions of the Agreement for the period when the existence of the force majeure circumstance makes it impossible for the Company to fulfil such provisions;
c. perform or, vice versa, not perform any actions with respect to the Company, the Client and other clients if the Company finds it reasonable in these circumstances on sufficient grounds.

7.3. The Company will not be liable for non-fulfilment (improper fulfilment) of obligations if it was caused by circumstances of insurmountable force.

8. Liability of the Parties

8.1. Liability of the Parties hereto is determined by provisions of the Agreement and of the appendices hereto.

8.2. The Company shall be liable only for real damages caused to the Client as a result of deliberate non-fulfilment of its obligations hereunder by the Company.

8.3. The Client shall be liable to the Company for damages suffered by the Company through the Client's fault, including:
– for damages caused as a result of the Client's failure to provide (or delayed provision of) any documents that shall be provided to the Company pursuant to this Agreement and to the appendices hereto as well as for damages caused to the Company as a result of any falsification of information contained in the documents provided by the Client,
– for damages caused to the Company by misuse of services provided by the Company to the Client, in particular for damages (losses) caused to the Company by use of robotised and automated algorithms for making transactions and/or special software that violates and contributes to violation of the principles of good faith and fairness when making transactions,
– for damages caused by the Client as a result of concerted actions with other clients of the Company aimed at causing losses to the Company, and for other damages caused to the Company by the Client through the use of other unfair and dishonest methods and ways of making deals (transactions) with the Company,
– if there are sufficient grounds to assume that the Client attempted to illegally use the software provided by the Company and money transferred to the Company's Account.
The Company is entitled to deduct the aforementioned losses from the Client's Account and/or accounts of other persons (provided that technical and other equipment held by the Company has determined that such accounts actually belong to the Client (or the Client's criminal associates)). The Company is also entitled to block further transactions of the Client in the trading terminal and personal area with respect to which the Company has sufficient grounds and suspicions to qualify the actions (in particular those performed along with other clients) as aimed at causing damage to the Company, to debit funds from the Client's account in favour of the Company.

8.4. If the Client violates the terms hereof, the Company, at its own option, is entitled to:
8.4.1. Revise the amount of the Company's financial obligations to the Client and make changes to the data (balance) of the Client's Account.
8.4.2. Suspend provision of services to the Client, block access to the trading terminal.

8.5. If the Client violates the representations and guarantees set forth in cl. 1.4. hereof, the Company shall be entitled to recognise any deal of the Client to be invalid or to close one or several deals of the Client at any time at its sole discretion.

8.6. The Company shall not be liable to the Client for any damages, losses, lost profit, lost opportunities (due to possible market fluctuations), expenses or damages incurred by the Client as a result of making deals pursuant to the terms hereof.

8.7. The Company shall not be liable in case of a discrepancy between the information represented in the Client's trading terminal and the information on the Company Server in the course of determining the financial result of the Client's deals. To eliminate such discrepancy, the Company will adjust the data in the trading terminal in accordance with the information available on the Company Server.

8.8. The Company shall not be liable for the Client's damages if such damages resulted from hacker attacks, accidents (failures) of computer networks, communication networks, power lines or telecommunication systems, etc. directly used for reconciliation of essential conditions of the Client's transactions or ensuring of other procedures of the Company's functioning that occurred through no fault of the Company.

8.9. The Company shall not be liable for technical failures and/or interruptions in trading terminal operation that occurred as a result of hacker attacks, accidents (failures) of computer networks, communication networks, power lines or telecommunication systems, etc. or for the Client's losses resulting from such failure and/or interruption.

8.10. The Company shall not be responsible for the results of transactions that the Client decided to make on the basis of analytical materials provided by the Company and/or third persons. The Client is informed that transactions made hereunder bear the risk of not receiving the expected income and risk of loss of a part of or the whole amount transferred by him/her to the Client's Account. The Client acknowledges that if there is no fraud, deliberate non-fulfilment of obligations or gross negligence on the part of the Company, the Company shall not be liable for any losses, expenses, costs and damages of the Client resulting from inaccuracy of information provided to the Client, including, but not limited to, information about the Client's trading operations. While the Company reserves the right to cancel or close any of the Client's deals in the cases specified herein, all transactions made by the Client as a result of such inaccurate information or error will, nevertheless, remain in force and are binding for both the Client and the Company.

8.11. The Company shall not be liable for any losses the Client may suffer in case of theft, loss or disclosure of his/her password to the trading terminal to third persons. The Client assumes full responsibility for password protection and prevention of unauthorised access of third persons thereto.

8.12. The Company shall not be liable for non-fulfilment (improper fulfilment) of the obligations hereunder if it was caused by circumstances of insurmountable force (force majeure).

8.13. The Company shall not be liable for any indirect, special, arbitrary, or punitive damages suffered by the Client, including, but not limited to, lost profit, loss of expected savings or loss of income, even if the Client was informed by the Company about the possibility of such damages. Moral damages are not subject to reimbursement.

9. Term and Termination of the Agreement

9.1. This Agreement shall come into force upon its conclusion (registration of the Client on the Website or in the Company's trading terminal) and will be valid for an unlimited period of time.

9.2. Either Party may terminate this Agreement unilaterally:
9.2.1. The Agreement is considered to be terminated on the initiative of the Company from the date specified in the notice sent by the Company to the Client;
9.2.2. The Agreement is considered to be terminated on the initiative of the Client upon expiry of five (5) business days after receipt by the Company of the Client's written notice containing the statement on termination of the Agreement, provided the Client has no unfulfilled obligations hereunder. The termination notice shall be sent by the Client to the Company's address specified in cl. 1.1. hereof.

9.3. This Agreement is considered to be terminated with respect to the Parties from the moment that mutual obligations of the Client and of the Company with respect to previously made transactions are fulfilled and all debts of each Party are repaid.

10. Final Provisions

10.1. Amendments and supplements to this Agreement and to the appendices hereto shall be made by the Company unilaterally. All amendments and supplements made by the Company and not related to the circumstances specified herein shall come into force on the date specified by the Company.

10.2. Amendments and supplements made by the Company to this Agreement and to the appendices hereto due to amending of the legislation and regulations governing the subject hereof, as well as rules and contracts of trading systems used by the Company to fulfil its obligations hereunder shall come into force simultaneously with amendments in the aforementioned documents.

10.3. Beginning on the effective date, amendments and supplements made by the Company will be equally applicable to all Clients, including those who had entered the Agreement before the amendments became effective.

10.4. To ensure awareness of the Client who entered the Agreement of amendments and supplements before they come into force, the Client shall visit the Company's Website or the trading platform himself/herself or through authorised persons at least once a week to find information about amendments and/or supplements that have been made.

10.5. The Client (individual) providing his/her personal data to the Company in any form and in any way (when performing any actions on the Company's Website, through the Company's counterparties, etc.) thereby gives to the Company and its partners his/her consent for automated and non-automated processing of provided personal data for the purpose of fulfilment hereof, performance of advertising campaigns, provision to him/her of advertising, informational, and marketing materials, information about campaigns and events held by the Company, and for other purposes determined by the Company, namely: for collection, recording, systematisation, accumulation, storage, adjustment (updating, amending), extraction, transfer (distribution, granting access), depersonalisation, blocking, deletion, destruction, and cross-border transfer of personal data. Consent is given for a period of 75 years (or until expiry of the storage periods for respective information or documents containing said information determined in accordance with the effective legislation of the Company's location). Consent may be withdrawn in accordance with the legislation by sending a respective statement to the Company's location. Contact information is provided on the Company's Website.

10.6. The Client is entitled to use information posted by the Company or by third persons, access to which was granted to him/her within provision of services hereunder, only to perform transactions under this Agreement. The Client is not entitled to distribute, alter, or supplement the aforementioned information, or store it in separate archives. In any situation, the scope of powers granted to the Client with respect to information posted by third persons shall not exceed the scope of powers obtained by the Company from a third person. The Company does not guarantee that information posted by third persons is reliable, accurate, relevant and will be provided on an ongoing basis without interruptions. The Company also shall not be liable for results of transactions (losses, lost profit, lost income, injury to goodwill, etc.) that the Client decided to perform on the basis of information posted by the Company or by third persons.

10.7. The Company is entitled to fully or partially transfer the rights and obligations under this Agreement and the appendices hereto to a third person if such a person undertakes to fulfil the terms hereof. Such transfer of rights and obligations will come into force 10 business days after the day when the Client is considered to have received the respective notice pursuant to the provisions hereof.

10.8. The Client is not entitled to assign his/her own rights, impose his/her own obligations or transfer rights or obligations hereunder in any other way without prior written consent of the Company. If this provision is violated, any such assignment or transfer shall be considered to be invalid.

10.9. The Company, its partners or any other affiliates may have a material benefit, legal relation or arrangement with respect to a transaction in the trading platform or in the personal area, or a material benefit, legal relation or arrangement that is in conflict with the Client's interests. For example, the Company may:
a. act as a counterparty with respect to any asset;
b. suggest another partner of the Company as a counterparty for a trading operation;
c. give recommendations and render services to its partners or other clients of the Company with respect to assets they are interested in, despite the fact that this is in conflict with the Client's interests.

10.10. The Client shall agree and authorise the Company to act with respect to the Client and for the Client as the Company finds appropriate, despite the potential conflict of interests or existence of some material interest with respect to any transaction in the trading terminal or in the personal area without prior notification of the Client. Existence of a conflict of interest or material benefit with respect to any transaction in the trading terminal or in the personal area shall not affect the provision of services to the Client by Company employees. From time to time, the Company may act on behalf of the Client with counterparties that have an Agreement for receipt of goods or services with the Company or any of its affiliates. The Company guarantees that such agreements are made as far as possible for the benefit of the Client. For example, such agreements make it possible to gain access to information or any other services that otherwise would have been unavailable.

10.11. If any provision hereof (or any part of such provision) is recognised to be invalid by a competent court, such provision will be considered to be a separate part of the Agreement and it will not affect the remaining part of this Agreement.

10.12. The Company is entitled to suspend provision of services to the Client at any time (it is not obliged to inform the Client in advance).

10.13. In case of situations not described in the Agreement, the Company shall act in good faith and deal fairly in accordance with accepted market practice.

10.14. The Company is entitled to prepare and use text from the Agreement and the appendices hereto in languages other than English. If there are differences between the text hereof and the appendices hereto in English and the respective text in other languages, the English text shall prevail.

Contents

1. Introduction
2. Criteria for detection and characteristics of suspicious non-trading operations
3. Payments and general provisions regarding non-trading operations
4. Transfer of funds to the Client's account
5. Methods of transferring funds to the Client's Account
6. Withdrawal of funds from the Client's Account
7. Methods of withdrawing funds from the Client's Account

1. Introduction

1.1. This Regulation was developed to comply with FATF (Financial Action Task Force) recommendations aimed at combating financial violations, to detect and prevent violations of legislation and to ensure compliance with the laws against legalisation of criminal proceeds (money laundering) or financing of terrorism and sets the procedure for transferring funds to/from the Client's Account and performing other non-trading operations. This Regulation is applicable to the Company and all partners of the Company, including payment agents.

1.2. The Client guarantees the legal origin, legal possession and right to use money transferred by him/her to the Company's Accounts.

1.3. The Client assumes the following obligations:
1.3.1. to comply with legal norms, in particular international acts aimed at preventing illegal trade, financial fraud, money laundering and legalisation of criminal proceeds;
1.3.2. to avoid direct or indirect collusion illegal financial activities and any other illegal operations;
1.3.3. to avoid direct or indirect aid in financial fraud and performance of other actions violating international laws and legal norms;
1.3.4. to avoid in his/her activities using the Company's services, any actions that may directly or indirectly affect prevention of money laundering and legalisation of criminal proceeds.

1.4. The Company reserves the right to investigate the nature of suspicious non-trading operations specified in Section 2 of this Regulation and to suspend such transactions till the reasons for such transactions are determined and the investigation is completed.

1.5. In the course of the investigation, pursuant to this Regulation, the Company is entitled to request from the Client identification (passport, ID card, driving licence, etc.), payment or other documents and bank cards confirming legal possession and legitimate origin of funds.

1.6. If suspicious non-trading operations are detected, the Company is entitled to:
– refuse performance of such transactions;
– restrict the withdrawal of funds from the Client's Account by any method at the Company's discretion;
– return previously credited funds from the Client's Account using the details of the account from which the Client's Account was credited;
– close the Client's Account and refuse further provision of services;
– deduct from the Client's Account all commissions and other expenses related to making a suspicious non-trading operation;
– close the Client's open positions, having fixed the financial result;
– deduct from the Client's Account bonuses granted to the Client;
– block all transactions in the trading terminal;
– cease any relations with the Client.
This list is not exhaustive and can be expanded at the Company's discretion.

1.7. Refusal to perform suspicious non-trading operations as well as cessation of relations with the Client because the Company has detected suspicious non-trading operations are not grounds for civil liability of the Company for non-fulfilment of obligations hereunder.

1.8. The Company is entitled to close the Client's Account if the Client does not carry out any transactions in the Client's Account for twelve (12) successive months and there is no money in the Account.

1.9. This Regulation is public and is an integral part of the Agreement made between the Company and the Client. The contents of this Regulation are disclosed without any restrictions upon request of any interested persons.

1.10. If any provisions of this Regulation are in conflict with certain provisions of the Agreement and the respective Regulations related to non-trading operations, the provisions of this Regulation shall prevail. This fact will not result in the invalidity of the other provisions of the aforementioned documents.

2. Criteria for detection and characteristics of suspicious non-trading operations

2.1. A non-trading operation may be recognised as suspicious by the Company in the following cases:
– the Company has detected excessive transfers (deposits to the client's account, withdrawals from the client's account) without making trading operations in the trading account;
– the Company has detected an unusual nature of the transactions, which have no evident economic sense or evident legal purpose;
– the Company has uncovered circumstances that give reason to believe that the transactions are aimed at legalisation of criminal proceeds (money laundering) or financing of terrorism;
– within the period set by the Company, the Client failed to provide information to identify himself/herself, provided unreliable information and/or it is impossible to contact the Client using the addresses and telephone numbers provided;
– the Client has not provided information to identify a beneficiary, i.e. the person in whose interests the Client acts (in particular, under an agency agreement, trust deed, commission agreement and fiduciary management agreement when non-trading operations are performed);
– submission of false or invalid documents and documents of poor quality (black and white, unreadable);
– the Client has not provided information to identify a beneficiary (end beneficiary), i.e. the person in whose interests the Client acts (in particular, under an agency agreement, trust deed, commission agreement and fiduciary management agreement when non-trading operations are performed) upon the Company's request;
– the Client has not provided any information and documents requested by the Company, including about the Client's financial standing.

2.2. Criteria for detection and indicators of suspicious transactions specified in this section of the Regulation are not obligatory or exhaustive. A non-trading operation may be recognised as suspicious by the Company on the basis of analysis of the nature of the transaction, its components, attendant circumstances and interaction with the Client or his/her representative even if formally there are no criteria and indicators specified in this section of the Regulation. Such transactions are detected on the basis of the Company's subjective evaluation by means of daily analysis of non-trading operations.

2.3. When suspicious non-trading operations are detected, it is the Company that makes decisions regarding further actions with respect to the Client and his/her trading and non-trading operations.

3. Payments and general provisions regarding non-trading operations

3.1. The Client may transfer funds to the Client's account at any time. The Client's money is kept in the Company's accounts, including in segregated accounts opened in the name of the Company for keeping clients' money separate from the Company's money.

3.2. Transactions involving the transfer of funds to/from the Client's account are governed by this Regulation.

3.3. The Client himself/herself is responsible for the correctness of payments he/she makes. If the Company's banking details change, once the new details are published in the Trading Terminal the Client himself/herself will be responsible for payments made using outdated details.

3.4. Each of the Client's non-trading operations shall be confirmed with an entry in the respective section of the Trading Terminal. If the Client finds an error in the entry regarding a non-trading operation, he/she shall make a claim in accordance with the requirements of the Agreement.

3.5. If the Client finds an error in the entry in his/her favour, he/she shall inform the Company about the error as soon as possible using the contact information posted on the Company's Website.

3.6. If the Company's Client performs no transactions in the trading terminal that result in a change in the Client's account balance for 6 months, the Company reserves the right to introduce a subscription fee (commission) for granting access to the trading terminal. The amount and procedure of the fee deduction will be determined by the Company at its sole discretion.

4. Transfer of funds to the Client's account

4.1. The Client can receive the Company's services only by using funds that are in the Client's Account. The Client's Account can be credited by a money transfer to the Company's Accounts or to accounts of the Company's authorised Agents. The list of authorised Agents and their banking details may be posted by the Company in the trading terminal.

4.2. The transfer of funds to the Company's Accounts performed by the Client shall comply with requirements and restrictions set forth by the effective legislation and other legal acts of the countries in the jurisdiction of which such transfer is made.

4.3. The Company will transfer to the Client's Account the amount that arrived in the Company's Account.

4.4. Funds will be transferred to the Client's Account in the currency of the Client's Account irrespective of the currency in which the transfer was made. If the transfer currency is a currency other than that of the Client's Account, the transfer amount will be converted to the currency of the Client's Account at the rate as of the moment the funds arrive in the Company's Account. The exchange rate is set by the Company.

4.5. The currency in which the Company accepts transfers to be credited to the Client's Account and depending on the Client's Account currency and the transfer method will be specified in the trading terminal.

4.6. The Company reserves the right to set minimum and maximum transfer amounts depending on the transfer method and the transfer currency.

4.7. Funds are deposited to the Client's Account for reasons other than compensation payments in the following cases:
a) if amounts transferred by the Client arrive in the Company's Accounts;
b) if amounts previously transferred to the Client return to the Company's Accounts and attempts to contact the Client to solve the problem and resend the money failed.

4.8. Funds will be deposited in the Client's Account within one (1) business day, but not later than at the end of the business day following the day that funds arrive in the Company's Account.

4.9. If funds sent by the Client have not arrived in the Client's Account within five (5) business days, the Client is entitled to request that the Company carry out an investigation regarding the transfer. To initiate an investigation of the transfer, the Client shall submit a request in accordance with the Agreement and submit to the Company documents confirming the transfer of funds.

5. Methods of transferring funds to the Client's Account

5.1. Bank transfer.
5.1.1. The Client may make a deposit to his/her Account by means of a bank transfer at any time if the Company accepts this method at the moment of funds transfer.
5.1.2. The Client may use this method of funds transfer only after a copy of his/her passport is submitted.
5.1.3. The Client may make a bank transfer to the Company's bank account specified in the Personal Area only from his/her personal bank account or may make a payment on behalf of himself/herself without opening a bank account.
5.1.4. Before making a bank transfer in roubles, the Client shall check the Company's bank details and the purpose of the payment in the Personal Area. If the Client is unable to make a payment using the specified payment purpose, it is necessary to contact the Company in order to resolve the issue on a case-by-case basis.
5.1.5. The Company reserves the right to reject depositing of money that arrived in the Company's bank account if the purpose of payment is different from that specified in the Personal Area or if the transfer was made by a third person. In that case, the Company will send funds back to the bank account from which it was transferred. All expenses related to such transfer shall be borne by the Client.
5.1.6. The Client understands and acknowledges that the Company is not responsible for the duration of a bank transfer.

5.2. Electronic transfer.
5.2.1. The Client may make a deposit to his/her Account by means of an electronic transfer at any time if the Company accepts this method at the moment of funds transfer.
5.2.2. The Client may make an electronic transfer to the Company's Accounts from his/her personal electronic wallet.
5.2.3. Before making an electronic transfer, the Client must check the details of the Company's Account in the Personal Area.
5.2.4. The Client understands and acknowledges that the Company is not responsible for the duration of electronic transfer and for the circumstances resulting in a technical failure during the transfer if they occurred through no fault of the Company but through the fault of the Electronic Payment System.

5.3. Transfer from a Bank Card via the Processing Centre
5.3.1. The Client may make a deposit to his/her Account by means of transfer from his/her Bank Card via the Processing Centre at any time if the Company accepts this method at the moment of funds transfer.
5.3.2. The Client may make a transfer from a Bank Card of an international payment system specified in the Personal Area.
5.3.3. The Client may transfer funds only from a Bank Card registered in his/her name. Transfers from cards of third persons are not accepted.
5.3.4. The Company reserves the right to decline transfers of funds that arrived into the Company's Account in the processing centre if the transfer was from a third person. In that case, the Company will send funds back to the account from which it was transferred. All expenses related to such transfer shall be borne by the Client.
5.3.5. The Client understands and acknowledges that the Company is not responsible for the duration of the transfer and for the circumstances resulting in a technical failure during the transfer if they occurred through no fault of the Company but through the fault of the processing centre or an international payment system.

6. Withdrawal of funds from the Client's Account

6.1. The Client is entitled at any time to withdraw any or all funds from his/her Account by sending the Company a Request for withdrawal containing the Client's order to withdraw money from the Client's Account, which complies with the following terms:
a) the Company will fulfil the order regarding the Client's trading account only within the scope of the balance of the Client's Account at the moment of order fulfilment. If the amount withdrawn by the Client (including commission fees and other expenses for making payment pursuant to this Regulation) exceeds the balance of the Client's Account, the Company is entitled to reject the order, having explained such rejection;
b) the Client's order to withdraw funds from the Client's Account shall comply with the requirements and restrictions set forth by the effective legislation and other legal acts of the countries in the jurisdiction of which such transfer is made;
c) the Client's order to withdraw funds from the Client's Account shall comply with the requirements and restrictions set forth by this Regulation and other documents of the Company;
d) funds from the Client's Account shall be withdrawn to the same payment instrument that was previously used by the Client to transfer funds to the Account.

6.2. The Request for withdrawal can be fulfilled by transferring money to the Client's External Account by an Agent authorised by the Company.

6.3. The Client shall make the Request for withdrawal in the currency of the deposit. If the deposit currency is different from the transfer currency, the transfer amount will be converted by the Company into the transfer currency at the exchange rate as of the moment of debiting funds from the Client's Account.

6.4. The currency in which the Company makes transfers to the Client's External Account depending on the currency of the Client's Account and the withdrawal method may be specified in the Client's Personal Area.

6.5. The exchange rate and commission fee as well as other expenses related to each method of funds withdrawal are set by the Company and can be changed at any time at the Company's sole discretion.

6.6. The Company reserves the right to set minimum and maximum withdrawal amounts depending on the withdrawal method. The restrictions will be posted in the Client's Personal Area.

6.7. The order is considered to be accepted by the Company if it is drawn up in the Client's Personal Area, is shown in the Payment History section and in the Company's system for accounting of clients' requests. An order drawn up in any manner other than that specified in this clause will not be accepted and fulfilled by the Company.

6.8. Funds will be withdrawn from the Client's Account within five (5) business days.

6.9. If funds sent by the Company pursuant to the Request for withdrawal have not arrived in the Client's External Account within five (5) business days, the Client is entitled to request that the Company carry out an investigation regarding the transfer.

6.10. If the Client made a mistake in the details when drawing up a Request for withdrawal that resulted in failure to transfer money to the Client's External Account, a commission fee arising in the course of settling the problem shall be paid by the Client.

6.11. The Client's profit that exceeds the amount of money deposited by the Client can be withdrawn to the Client's External Account only by the method agreed by the Client and the Company. In this case, if the Client used a certain method to transfer money to the Client's Account, the Company will be entitled to withdraw the amount previously transferred by the Client using the same method.

7. Methods of withdrawing funds from the Client's Account

7.1. Bank transfer. 7.1.1. The Client may send a Request for withdrawal by means of a bank transfer at any time if the Company accepts this method at the moment of funds transfer.
7.1.2. The Client may draw up a Request for withdrawal only to a bank account opened in his/her name. The Company will not accept and fulfil orders to transfer money to a bank account of a third person.
7.1.3. The Company undertakes to transfer funds to the Client's bank account using the details specified in the Request for withdrawal if the conditions of cl. 7.1.2. hereof are met.
7.1.4. The Client understands and acknowledges that the Company is not responsible for the duration of a bank transfer.

7.2. Electronic transfer.
7.2.1. The Client may send a Request for withdrawal by means of electronic transfer at any time if the Company accepts this method at the moment of drawing up the request.
7.2.2. The Client is entitled to draw up the Request for withdrawal only in his/her own electronic account.
7.2.3. The Company undertakes to transfer funds to the Client's electronic account using the details specified in the Request for withdrawal.
7.2.4. The Client understands and acknowledges that the Company is not responsible for the duration of electronic transfer and for the circumstances resulting in a technical failure during the transfer if they occurred through no fault of the Company.

7.3. The Company at its sole discretion is entitled to offer to the Client other methods of withdrawing funds from the Client's Account. This information will be provided in the Personal Area.

8. Rules for provision of 1-Click service

8.1. By completing the 1-Click payment form and pressing the Payment button, the Client expresses his/her complete agreement with the Rules for provision of 1-Click service and authorises the Company and/or the payment services provider to automatically deduct from the Client's bank (payment) card a certain amount in order to deposit it into the Client's Account in the Company in accordance with the agreed variable amount and variable date specified in the 1-Click payments form.

8.2. The Client acknowledges and agrees that confirmation of 1-Click service use will be provided to the Client within two (2) business days using the communication method selected by the Client.

8.3. By using the 1-Click service, the Client confirms that he/she is the owner (authorised user) of the bank card, the details of which are given in the 1-Click form and guarantees that the Client will not take actions aimed at contesting scheduled payments from the bank card in favour of the Company provided the purpose of payment meets the rules set forth in this section.

8.4. By using the 1-Click service, the Client agrees to bear all expenses related to the use of this service and all additional expenses (if necessary), including, but not limited to, various taxes, duties, etc.

8.5. The Client is fully responsible for making all payments in a timely manner. The Company and/or the payment services provider will ensure payment is made only in the amount specified by the Client and will not be responsible for payment of the aforementioned additional amounts by the Client.

8.6. After the Payment button is pressed, the payment is considered to be processed and irrevocably made. By pressing the Payment button, the Client agrees that he/she is not entitled to revoke the payment or demand revocation. By filling in the 1-Click form, the Client confirms that he/she does is not violating the effective legislation of any state. Moreover, by filling in the 1-Click form and accepting the terms of this section, the Client as the owner of the payment card confirms that he/she is entitled to use the services offered by the Company.

8.7. By starting to use the Website and/or the trading terminal, the Client assumes legal responsibility for compliance with the legislation of any state where the Website and/or the trading terminal is used and confirms that the payment services provider is not responsible for any illegal or unauthorised violation of prohibitions to use the Website and/or the trading terminal. By agreeing to use the services of the Website and/or the trading terminal, the Client confirms that processing of any payment is carried out by a payment services provider and there is no legitimate right for return of debited amounts and/or goods or other possibilities to cancel the payment. If the Client intends to debit money from the Client's Account, he/she may use the trading terminal.

8.8. The Client confirms that the 1-Click service will remain in force until the Client cancels it. If the Client wishes to cancel the service, he/she shall inform the Company thereof at least seven (7) days before the next payment.
If the Client wishes to cease further use of the 1-Click service, he/she shall contact the Company by sending a cancellation message to help@olymptrade.com.

8.9. The payment services provider is not responsible for the refusal/impossibility to process the Client's payment card data or for refusal caused by failure to obtain permission from the issuing bank to make a payment using the Client's payment card. The payment services provider is not responsible for the quality and scope of the Company's services. By transferring money to the Client's Account, the Client shall comply with the rules and requirements set forth by the Company. The payment services provider only carries out the payment and is not responsible for any pricing, total prices and/or total amounts.

8.10. The Client shall monitor amendments and updates to terms of 1-Click service provision himself/herself.

8.11. If the Client does not agree to the terms set forth above, he/she shall refuse to make the payment in a timely manner and, if necessary, contact the Company by e-mail at help@olymptrade.com.

Contents

1. General provisions
2. Message exchange
3. Procedure for deal making
4. Deal closure, determination of deal payment amount
5. Trading hours
6. Exceptional conditions

1. General Provisions and Subject of the Agreement

1.1. This Regulation on trading operations (hereinafter – Regulation) determines the procedure and the terms for the Company's performance of trading operations with the Client.

1.2. The Regulation sets forth the procedure for processing and fulfilment of orders for deal making and closure.

1.3. The Company undertakes to perform trading operations only in accordance with this Regulation.

1.4. The Client acknowledges that the only reliable source of information about the price quote feed is the Company Server. Quotes in the trading terminal cannot be used as a reliable source of information about the price quote feed because if an unstable connection between the Client's trading terminal and the Company Server occurs, some quotes from the price quote feed may be missing in the trading terminal. Graphs represented in the trading terminal are of an indicative nature. The Company does not guarantee that the deal will be made at the prices specified in the graph in the trading terminal at the moment a certain request or order is submitted by the Client. The price for an asset in the trading terminal is calculated using the formula (ask+bid)/2.

1.5. If the Company has fulfilled the Client's request on the basis of a non-market quote, the non-market quote being the price in the trading terminal that does not correspond to the current price in the market, the Company shall adjust the financial result and recalculate it on the basis of the actual market price at the moment of deal closure. If the Client's order to make a deal was fulfilled on the basis of a non-market quote, the Company will reserve the right to cancel the financial result of such position.

1.6. The Client is entitled to make deals only using the funds in the Client's Account. If the amount of available funds is sufficient to make a deal, the deal is made; if the amount of available funds is not sufficient to make a deal, the deal is not made.

1.7. The Client's order to open a position is considered to be fulfilled and the position will be open after the respective record appears in the database of the Company Server. Each trading operation is assigned an identifier according to the rules set forth by the Company.

1.8. When performing trading operations, the Client is forbidden to:
1.8.1. use robotised and automated algorithms to perform transactions and/or use special software that ensures execution of transactions without actual participation by the Client;
1.8.2. use anonymisers and other software that ensures the Client's anonymity and conceals the real IP addresses of the Client's equipment;
1.8.3. use the Company's services and/or its software for any illegal or fraudulent activity or for any illegal or fraudulent transaction (including money laundering) in accordance with the legislation of the country of the Client's location;
1.8.4. carry out with other Clients of the Company concerted actions aimed at causing damage to the Company and use other unfair and dishonest methods of making deals (transactions) with the Company in order to gain material profit from such actions.

2. Message exchange

2.1. The Client and the Company shall interact by exchanging messages: requests, confirmations, reports, etc. All messages shall be composed by the Client, sent to the Client and delivered to the Client exclusively via the trading terminal. In exceptional cases, messages can be exchanged by phone via customer support.

2.2. All messages sent to the Company via the trading terminal after authorisation using the Client's login and password are considered to be sent by the Client.

2.3. The response time for requests and orders depends on the quality of connection between the Client's trading terminal and the Company Server and on the market situation regarding the asset. In normal market conditions, the Client's request or order is typically processed within 0–4 seconds. If market conditions are not normal, the Company may prolong the processing period for clients' requests and orders.

2.4. The Company Server is entitled to decline the Client's request and/or order in the following cases:
– if the Client sends a request before the first price quote is received by the trading terminal when the market or the trading session opens;
– if the Client has insufficient funds to open a new position;
– if market conditions are not normal;
– in other cases that the Company may decide at its sole discretion.

3. Procedure for deal making

3.1. A deal is made when the Client and the Company have agreed upon essential conditions of the deal. Deals are agreed by exchanging messages such as a request for deal making and deal confirmation. The following clauses of the Regulation describe the procedure for reconciliation of essential conditions of the deal.

3.2. Before a deal is made, the Client shall choose the following essential conditions of the trading operation (deal):

– asset;
– rate change direction;
– deal amount;
– option expiration time.

3.3. Having chosen the above conditions, the Client shall study the current rate of the selected asset and the payment coefficient.

3.4. To make a deal, the Client shall send to the Company a request for deal making containing all the aforementioned essential conditions of the deal both chosen by the Client and offered by the Company. The request will be sent from the trading terminal by pressing the High or Low button.

3.5. If there is a stable connection between the Client's trading terminal and the Company Server, the request for deal making will arrive at the Company Server where it is checked for correctness and compliance with the current market conditions. Then the request is either fulfilled or cancelled by the server. If a deal is made, the deal amount will be deducted from the balance of the Client's Account. No commission fee is charged for deal making.

3.6. A request for deal making may be cancelled in the following cases:
– deal amount is more than the balance of the Client's account;
– deal acceptance time has expired;
– trading hours for the selected asset are closed;
– asset rate has changed significantly from the moment the Client sent the request till processing thereof by the Company Server;
– in other cases that the Company may decide at its sole discretion;
– in exceptional situations described below.

3.7. The Company Server will send a message with the result of the request for deal making to the Client's trading terminal. If there is a stable connection between the Client's trading terminal and the Company Server, a message with the result of fulfilment of the request for deal making will be shown in the Client's trading terminal. If the deal is made, the Client will see a graphic confirmation thereof in the trading terminal, information about the deal will appear in the My deals section of the trading terminal. If the deal is cancelled, the Client will see an error message.

3.8. If after sending a request for deal making the Client does not promptly receive either a graphic confirmation of the deal or information about the new deal in the My deals section of the trading terminal or receives an error message, he/she cannot be sure whether the deal was made or cancelled. To find out the status of the deal, the Client must contact customer support.

3.9. After sending a request for deal making to the Company Server, the Client will be unable to cancel it.

3.10. Information about payment coefficients published on the Company's Website and available to the general public is approximate. The Company is not obliged to make deals with payment coefficients given on the Website. Exact information about the payment coefficient is provided to the Client in the trading terminal after the essential conditions of the deal are chosen, but before the deal is confirmed by the Client.

4. Deal closure, determination of deal payment amount

4.1. The deal is closed automatically at the option expiration time. When the deal is closed, the option payment amount is calculated, the payment amount is added to the balance of the Client's account and the deal disappears from the window of open deals in the trading terminal.

4.2. In case of deal closure at the option expiration time, the option payment will be calculated as follows. If at the option expiration time the option is in the profitable zone, the payment shall be S*K/100, where S is the deal amount and K is the payment coefficient for the deal as a percentage. If at the option expiration time the option is in the unprofitable zone, the payment shall be null.
The option is in the profitable zone in the following cases:
a. The option with a High rate change direction, if the deal asset rate at the moment is more than the target deal level;
b. The option with a Low rate change direction, if the deal asset rate at the moment is less than the target deal level;
In all other cases, the option is in the unprofitable zone.

4.3. For options with the Currency Pair deal asset type, at the Client's discretion it is possible to close the deal early before the option expiration time if the Company has the technical capability and there is a stable connection between the Client's trading terminal and the Company Server.

4.4. Early deal closure is carried out through reconciliation of essential conditions of deal closure by the Company and the Client. Early closure is agreed by exchanging messages such as a request for deal closure and deal closure confirmation. The following clauses of the Regulation describe the procedure for reconciliation of essential conditions of deal closure.

4.5. To close a deal, the Client shall select the deal that he/she wants to close in the My Deals section and press the deal closure button. After that, the Client shall study the essential conditions of deal closure for the selected open deal – the payment amount for early closure of the deal.

4.6. If the Client agrees to the payment amount for early closure of the deal and wants the close the deal before the option expiration time, he/she shall send to the Company a confirmation of early deal closure containing the identification number of the deal and the payment amount for early closure of the deal. The request will be sent from the trading terminal by pressing the Close or Sell now button.

4.7. If the Company has the technical capability and there is a stable connection between the Client's trading terminal and the Company Server, the request for early deal closure will arrive at the Company Server where it is checked for correctness and compliance with the current market conditions. Then the request is either fulfilled or cancelled by the server. If a deal is closed, the deal amount will be added to the balance of the Client's account. No commission fee is charged for early deal closure.

4.8. A request for early deal closure may be cancelled in the following cases:
– expiration of time when early deal closure is available; – asset rate has changed significantly from the moment the request was sent till processing thereof by the server; – in other cases that the Company may decide at its sole discretion; – in exceptional situations described below.

4.9. The Company Server will send a message with the result of the request for early deal closure to the Client's trading terminal. If there is a stable connection between the Client's trading terminal and the Company Server, a message with the result of fulfilment of the request for early deal closure will be shown in the Client's trading terminal. If the deal is performed, the Client will see a message with deal closure confirmation and information about the closed deal will disappear from the Active window of the My Deals section. If early deal closure is cancelled, the Client will see an error message.

4.10. If after sending a request for early deal closure the Client does not promptly receive either a deal confirmation or an error message, he/she cannot be sure whether the deal is closed or whether the deal closure is cancelled. To find out the status of the deal, the Client must contact customer support.

4.11. After sending a request for early deal closure to the Company Server, the Client will be unable to cancel it.

4.12. Information about payment amounts in case of early closure published on the Company's Website and available to the general public is approximate. Exact information about the payment amount will be provided to the Client in the trading terminal when a deal for early closure is selected.

5. Trading hours

5.1. The Company will set the trading schedule, i.e. hours when deals can be made and closed, separately for each asset.

5.2. Information about trading hours published on the Company's Website and available to the general public is approximate. The Company reserves the right to change the trading hours at its sole discretion.

6. Exceptional situations

6.1. In exceptional situations characterised by market conditions that are abnormal, the Company may perform trading operations that differ from those described in this Regulation.

6.2. Exceptional situations include:
6.2.1. Slow market – the market condition when for a long period of time quotes come to the trading platform less often than in normal market conditions. As a rule, this market condition is typical of Christmas holidays and national holidays in the countries of asset origins.
6.2.2. Fast market – the market condition when a rate changes dramatically within a short period of time. As a rule, this market condition is caused by important economic and exceptional events:
a. publication of the main macroeconomic indicators having a high degree of influence on financial markets;
b. announcement of interest rate decisions by central banks;
c. speeches of heads of central banks, heads of states, finance ministers, heads of companies and stock exchanges, etc.
d. currency interventions carried out by state organisations;
e. terrorist attacks and natural disasters of a nationwide scale;
f. commencement of war, military actions, civil unrest;
g. political force majeure events: resignations, appointments, elections of representatives of government authorities and heads of companies.

6.3. In exceptional cases, the Company will make every effort to perform trading operations as in normal conditions, but reserves the right to:
a. Reduce payment coefficients;
b. Cancel certain requests for deal making or early deal closure;
c. Limit the number of requests from one Client within a certain period of time;
d. Restrict the available option expiration time;
e. Temporarily cease trading with respect to certain types of assets;
f. Fully suspend trading operations.

All Clients and potential Clients shall carefully study this risk disclosure before completing registration on the Website or in the trading terminal and before they start making deals.

The purpose of this Risk Disclosure (hereinafter – Disclosure) is to disclose to the Client information about the risks associated with performing transactions in financial markets, as a whole, and with binary options, in particular, to warn the Client about possible financial losses and related risks. The list of risks given in this Disclosure is not exhaustive due to a variety of possible situations that arise when making said transactions. This disclosure is for information purposes. It is meant to provide a general explanation of the risks associated with binary options.

1. The Client acknowledges that binary option transactions are speculative and quite risky investments and are suitable only for those investors who:
– understand and are prepared to assume economic, legal and other risks,
– taking into account their financial position, financial resources and obligations, can afford the risk of losing invested amounts,
– have knowledge sufficient to understand what binary option transactions are.

The Company shall not provide to the Client any recommendations or advice regarding binary options and shall not give investment recommendations of any type. The Client himself/herself shall make the decision on trading strategy and specific actions based either on his/her understanding of the market or consultations with independent financial advisers not affiliated with the Company.

Binary options are a derivative financial instrument, their price derives from prices for underlying assets/markets to which they are linked (e.g. currency, stock indexes, shares, metals, futures, etc.). Therefore, it is extremely important for the Client to understand the risks associated with trade of the respective underlying asset/market.

Some of these risks are:
– Volatility – fluctuations in the underlying asset/market price can be unstable and unpredictable. This fact has a direct impact on the Client's financial results. Understanding market volatility allows the Client to analyse potential profits and work out a trading strategy.
– Market fluctuation – a sudden change of the underlying asset price from one level to another. Various factors may cause sharp changes (e.g. economic events or market announcements). Such factors may appear when the market is open or closed. When such events occur when the market is closed, the price for the underlying asset affected by such factor at the moment the market opens may considerably differ from the price for the underlying asset at the moment the market closed. It may be impossible to close the position at a beneficial price. This can result both in considerable losses and in considerable profit.
– Liquidity: the value of binary options may depend on a number of factors, including, but not limited to, alteration of supply-and-demand situation, government, agricultural, commercial and trading programmes and strategies, national and international political and economic events and prevailing psychological disposition in the respective market. Market conditions can considerably change within a very short period of time and, consequently, in some market conditions it can be impossible for the Client to get the anticipated profit.

2. The Client assumes the risks of financial losses related to failures, interruptions, disconnection or malicious attacks of third persons with respect to information, communication, electric, electronic and other systems used to perform transactions.
Among other risks, the Client assumes the following risks of losses caused by:
– power and/or equipment failure on the part of the Client or the Client's communication service provider (in particular voice communication);
– physical damage (or destruction) of communication channels used for communication of the Client's provider and supplier (communication service provider) and the Client's server;
– failure (extremely low quality) of the transfer via channels used by the Client or channels used by the supplier or communication service provider (in particular voice communication) used by the Client;
– use of communication channels, equipment and software that does not ensure receipt or timely receipt of messages (in particular text messages) from the Company by the Client;
– failure (extremely low quality) of communication via channels used by the Company, in particular physical damage (destruction) of communication channels by third persons.

3. The Client realises that his/her activities related to deal making are subject to risks associated with networks, including failures of hardware, software, servers, communication lines and the Internet. Each such failure may result in non-fulfilment of the Client's order in accordance with his/her orders. The Company will not be liable in case of such failure.

4. The Client understands that the Internet may be subject to events affecting his/her access to the Company's Website and the trading terminal, including, but not limited to, interruptions or failures of software and hardware failures, Internet disconnection, power outage or hacker attacks. The Company shall not be liable for any damages or losses resulting from such events that are beyond its control or for any other damages, expenses, liabilities (including, but not limited to, lost profit) that may arise as a result of the Client's inability to access the Company's Website or a delay in or failure to send orders.

5. When making trading operations via the trading terminal, the Client assumes the risks of financial losses that may arise as a result of:
– hardware and software failures, device failures, and poor quality of telecommunication services on the part of the Client;
– improper functioning of the Client's equipment.

6. The Client acknowledges that in abnormal market conditions the processing time for clients' orders may increase.

7. The Client acknowledges that only one request or order may be in a queue of requests/orders on the server. Any attempt to send a new request or order will be rejected.

8. The Client acknowledges that the only reliable source of information about rates of assets is the Company Server. Rates of assets in the Client's trading terminal cannot be used as a reliable source of information about rates because if an unstable connection between the Client's trading terminal and the Company Server occurs, some quotes of asset rates may be missing in the Client's trading terminal.

9. The Client acknowledges that closing a web browser window will not cancel an order or a request that has already been received by the Company for processing.

10. The Client assumes the risk of making unplanned trading operations in case of repeated sending of the order before receipt of information about the result of processing of the previous order.

11. The Client assumes the risk of any financial losses caused by his/her failure to receive or delayed receipt of any message from the Company.

12. The Client acknowledges that information sent via unencrypted e-mail is not protected against unauthorised access.

13. The Client shall be fully liable for maintaining the confidentiality of information received by him/her from the Company and assumes the risk of any financial losses caused by unauthorised access by third persons to his/her trading account. The Company shall not be liable for unauthorised access by third persons to information, including e-mails, electronic communication and personal data, and access data, that occurred at the moment of transfer thereof between the Company or any other party via the Internet or other communication networks, telephone or any other electronic means.

14. The Client assumes the risk of financial losses (damages) caused by circumstances of insurmountable force (force majeure), understood to be any action, event or phenomenon, including, but not limited to:
– strikes, mass rioting or civil unrest, terrorist attacks, wars, natural disasters, accidents, fires, floods, storms, hurricanes, blackouts, communication, software or electronic equipment failures that, in the reasonable opinion of the Company, resulted in destabilisation of the market or markets of one or several instruments;
– suspension, liquidation or closure of any market or absence of any event on which price quotations were based by the Company, or setting restrictions or special or non-standard trade conditions, as well as performing transactions in any market or with respect to any such event.

15. The Client shall assume financial and other risks in cases where performance of transactions (and related actions) in financial markets is forbidden or restricted by the legislation of the country of the Client's permanent residence.

16. The Company does not guarantee that the Client's activities related to binary option transactions are not or will not become subject to taxation. The Client shall bear responsibility for payment of any taxes and/or any other charges that may be accrued with respect to his/her deals. The Company shall not render to the Client any legal, tax or other recommendations with respect to any deal. If the Client has any doubts as to whether he/she can assume any tax obligations, he/she shall consult an independent expert.

17. The Company shall not be liable for any actions or failure to act by any third party through which funds sent by the Client to the current Client's Account or withdrawn by the Client from the Website will go.

18. From time to time, at its sole discretion, the Company may provide to the Client information, recommendations, news, commentary or other information about the market for information purposes.
If this happens:
– the Company shall not be responsible for such information;
– the Company shall give no guarantees regarding the accuracy, correctness and completeness of such information;
– this information is provided only to enable the Client to make his/her own investment decisions and is not investment advice;
– if the document contains a restriction in relation to the person or the category of persons for whom it is intended or concerns, the Client agrees not to pass this information to such person or category of persons;
– the Company does not guarantee that the Client will receive information before it becomes outdated. The Client will make a decision regarding use of the obtained information in the course of decision-making himself/herself.
Information posted by the Company can be changed or deleted at any time without additional prior notification to the Client.

19. The Company shall not advise the Client on the profitability of a certain deal or give investment recommendations in any form, except to provide information about the current situation in the financial market. The Client will make deals himself/herself at his/her own risk and will make the respective decisions based on his/her own judgement. By sending an order for deal making to the Company, the Client confirms that he/she is fully responsible for his/her independent estimate and analysis of deal risks. The Client confirms that he/she knows the market well enough, has received professional consultations, if necessary, and has the necessary experience to evaluate the advantages and risks of any deal himself/herself.

Taking into account the aforesaid, the Company recommends the Client to carefully think over whether the risks that arise when making transactions are acceptable, taking into consideration the Client's purposes and financial possibilities.

This Disclosure is not aimed at compelling the Client refuse to perform transactions (binary option deals), but is meant to help the Client evaluate the risks associated with these transactions and act responsibly in choosing the strategy for activities within this Agreement with the Company.