FXWB Prime - Terms and Conditions

Terms and Conditions

Effective as of June 20, 2020 until further notice.

AGREEMENT WITH THE CUSTOMER

This is a legal contract between FXWB Prime LTD, a company registered in St. Vincent and the Grenadines with license number 26248 BC 2022, hereinafter referred to as (“FXWB Prime”, “we” or “us”) its successors and assigns, and the party/parties (the “Customer”, “client” or “you”) executing this document. This document, together with our Risk Disclosure Statement, Terms of Business and Fees and Privacy Statement, represents the terms upon which FXWB Prime will do business with the Customer. This document sets forth the respective rights and obligations of both parties in connection with this service and both parties shall agree to and be bound by these terms upon acceptance of the terms contained herein and upon completion of the application form by the Customer.

In connection with opening an account with FXWB Prime to speculate in, and/or buy, and/or sell, Foreign Exchange, Contracts for Difference (hereinafter referred to as “CFDs”), Options (hereinafter referred to as “Options”) and Spread Betting, in commodities, metals, currencies and indices, and the receipt of such other services and products as FXWB Prime may, in its sole discretion, may decide to offer from time to time in the future, the Client acknowledges that it has been advised of and understands the following factors relating to trading in the over-the-counter (“OTC”) market and/or the Spread Betting market, in addition to those contained in the Risk Disclosure Statement that has been provided to the Client.

In consideration of FXWB Prime agreeing to provide services to “Customer”, “client” or “you” in connection with the purchase of Forex, CFDs, Options and Spread Betting on commodities, currencies, metals and indices and the receipt of such other services and products as FXWB Prime may, in its sole discretion, determine to offer from time to time in the future and which may be purchased or sold by or through FXWB Prime for Customer's accounts, Customer agrees that the following rights and obligations shall govern the relationship between FXWB Prime and Customer.

IMPORTANT NOTICES

OTC trading means that trading does not take place on a regulated exchange. There are no guarantees as to the creditworthiness of the counterparty to your Forex, CFD, Options and Spread Betting position. In addition, there may be certain cases where trading liquidity decreases, causing Forex, CFDs, Options and Spread Betting trades in commodities, currencies, metals and indices to cease, thus preventing the liquidation of an adverse position which may result in a substantial financial loss.

FXWB Prime does not provide investment advice. Market recommendations, signals, information provided and/or distributed by FXWB Prime are general in nature and are based solely on the judgment of FXWB Prime personnel or third party information providers. These market recommendations may or may not be consistent with the market position or intentions of FXWB Prime, its marketing partners, and/or employees. Market recommendations and information provided by FXWB Prime are based on information deemed reliable, but FXWB Prime cannot and does not guarantee the accuracy or completeness thereof or represent that following such recommendations will eliminate the risk inherent in Forex, CFD, Options and Spread Betting trading. Any market recommendations or information provided by FXWB Prime does not constitute an offer to buy or sell, or the solicitation of an offer to buy or sell, any OTC transaction. The Customer understands and agrees that he/she is capable and solely responsible for evaluating the merits and risks of any transaction he/she may enter into with FXWB Prime.

Customer understands that FXWB Prime does not allow its customer representatives to exercise discretion or manage an OTC account. If Customer's account is not being traded with Customer's authorization, Customer must notify FXWB Prime immediately.

FXWB Prime's margin policies and/or the policies of those banks/brokerages through which trades are executed may require additional funds to be provided to properly margin the Customer's account and the Customer is obligated to immediately comply with such margin requirements. Failure to comply with margin requirements may result in the liquidation of any open positions with a consequent loss. FXWB Prime reserves the right to reject any order.

The client understands that he/she should carefully review reports relating to the client's trades posted online by FXWB Prime. All execution reports and account statements will be considered final unless the client objects within two business days of their posting. Objections may be made initially by email or telephone, but must be subsequently confirmed in writing.

Customer understands that FXWB Prime may establish rules and provisions for customer accounts, including but not limited to minimum account size, investment time period, commissions and fees, leverage size per instrument, margins, rules regarding stop losses and limits, rules regarding rollovers, rules regarding margin calls, or any other financial arrangements, and that such rules and provisions may be modified by FXWB Prime from time to time.

Customer has read and understands Customer's obligations and rights under this Customer Agreement and agrees and acknowledges that this Customer Agreement, the Risk Disclosure Statement and the Privacy Statement shall comprise the terms of Customer's relationship with FXWB Prime. Customer agrees that Customer is fully responsible for making all decisions regarding transactions made for Customer's account. Customer has considered the above factors and in view of Customer's current and anticipated financial resources, Customer is willing and able to assume the substantial financial risks of OTC trading.

IT IS THE CLIENT'S RESPONSIBILITY TO ASK FOR ALL NECESSARY INFORMATION ABOUT FOREX, CFDs, CRYPTO, OPTIONS AND SREAD BETS TRADING AND FXWB Prime'S TERMS AND CONDITIONS AND TO ENSURE THAT ALL RISKS AND AGREEMENTS ARE DISCUSSED AND CLEARLY UNDERSTOOD BEFORE ANY TRADING ACTIVITY.

1. TERMS AND HEADINGS

• “FXWB Prime” shall mean, where the context permits or requires, FXWB Prime its affiliates and marketing partners and their successors and assigns;
• “Customer” shall mean the party (or parties) who have agreed to be bound by the terms of this Agreement;
• "Acuerdo" incluirá este acuerdo y todos los demás acuerdos y autorizaciones ejecutados por el Cliente en relación con el mantenimiento de la cuenta del Cliente con FXWB Prime.

The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to limit the applicability or affect the meaning of any of its provisions.

2. CATEGORIZATION

• Our policy is to treat all our customers as retail customers, regardless of the existence of any categorization in the customer's country of residence.

3. COMMUNICATION

• The primary method of communication between FXWB Prime and the Client will be electronic through FXWB Prime's website and online trading platforms.
• Information regarding orders placed and executed will be personally addressed to the Customer through a specific customer account.
• However, certain information of a general nature, such as general market recommendations, will be provided on our website, and the customer hereby consents to receive information not personally addressed to the customer in that form.
• Customers can also place orders by telephone through our online trading platform in the languages listed on our website, which is regularly updated with additional languages.
• When orders are placed by telephone through the trading room, you may contact us in any of the languages listed on the website.
• All written communications from us to you will be in the language used to register your account through our website.

4. AUTHORIZATION TO OPERATE

• FXWB Prime is authorized to enter into Forex, CFDs, Crypto, Options and Spread Betting contracts on an over-the-counter basis with the Customer in accordance with the Customer's oral or written or computer instructions, subject to the terms of this Agreement and all its attachments.
• Upon completion of the application form by the Client, FXWB Prime will provide the Client with a secure password to be used with the user name chosen by the Client.
• FXWB Prime security systems are designed to ensure that any information provided to and from the Customer is transmitted securely. The Customer is obliged to keep passwords secret and is solely responsible for ensuring that third parties do not gain access to the password or to FXWB Prime's business facilities.
• Customer agrees to be solely responsible for any instructions received electronically that are identified with Customer's password and account number and for any electronic, oral and written instructions to FXWB Prime from persons that FXWB Prime in its sole judgment, believes are apparently authorized by Customer.
• If the customer's account is titled as a joint account, FXWB Prime is authorized to act on the instructions of either owner, without further question, with respect to trading in the account and the disposition of any and all assets in the account.
• FXWB Prime shall have no liability for further investigation of such apparent authority and no liability for the consequences of any action taken or omitted by FXWB Prime in reliance on any such instructions or on the apparent authority of any such person.
• FXWB Prime has the authority to require joint action by the account owners with respect to the account. FXWB Prime may send all correspondence and documents with respect to the account to any joint account owner.
• FXWB Prime has ownership over the security of the account whether it is individual or
• If the death of one or more of the joint account holders occurs, FXWB Prime will be notified in writing and will be shown proof of a death certificate. All fees due on the date of notification will be charged to the account.
• Until such time as valid written notice is provided to FXWB Prime, each joint account owner is presumed to have an equal interest in the joint account.

5. ADEQUACY OF THE NEGOTIATION

• Although FXWB Prime issues general market recommendations, these should not be construed as personal recommendations or advice to trade with FXWB Prime. As such, we are under no obligation to assess the suitability or otherwise of the Customer to trade Forex, CFDs, Options and Spread Betting with FXWB Prime. All trades made by the Customer represent an independent decision by the Customer to trade with FXWB Prime.

6. RULES OF THE GOVERNMENTAL COUNTERPARTY INSTITUTION AND THE INTERBANK SYSTEM

• All transactions under this Agreement shall be conducted in accordance with the usages, rules and interpretations of the counterparty or other interbank market (and its clearing organization, if applicable) and all applicable laws and regulations.
• If any law shall hereafter be enacted or any rule or regulation adopted by any governmental authority, or a contract exchange or clearing organization which is binding on FXWB Prime and which in any way affects or is inconsistent with any of the provisions hereof, the affected provisions of this Agreement shall be deemed modified or superseded, as the case may be, by the applicable provisions of such law, rule or regulation, and all other provisions of this Agreement and the provisions so modified shall continue in all respects in full force and effect.
• The Client acknowledges that all transactions carried out under this agreement are subject to the aforementioned regulatory requirements and that, therefore, no independent legal or contractual rights will be granted to the Client with respect to such requirements.

7. MARGINS AND DEPOSIT REQUIREMENTS

• Client shall provide and maintain with FXWB Prime margin in such amounts and forms as FXWB Prime, in its sole discretion, may require.
• Such margin requirements may be higher or lower than the margins required by the banks or brokers with which the trades are executed.
• FXWB Prime may change margin requirements at any time.
• The Client agrees to deposit by immediate wire transfer, or other acceptable payment method to FXWB Prime, such additional margin as and when required by FXWB Prime and will promptly meet all margin calls in such mode of transmission as FXWB Prime in its sole discretion designates.
• FXWB Prime may at any time proceed to liquidate the Client's account and any failure by FXWB Prime to enforce its rights shall not be deemed a waiver by FXWB Prime of its rights.
• FXWB Prime reserves the right to limit the amount and/or total number of open positions that the Client may acquire or hold with FXWB Prime, and to increase margin requirements prior to earnings or other news or events, with or without notice, whether prior to such events or retroactively or at any other time it deems at its sole discretion.
• Orders must be placed with sufficient time for execution and margin calculation.
• Profits from a trade will be added to the Client's account as additional margin while the trade is open and, upon closing the trade, as an addition to the balance available for withdrawal.
• Losses arising from a transaction will be deducted from the Client's account.

8. BONDS

• FXWB Prime may choose to grant a benefit to the Client by depositing bonuses into the Client's trading account, subject to certain terms and conditions to be determined by FXWB Prime, in its sole discretion. Such bonus amounts may not be withdrawn by the Client, unless the Client complies with the applicable trading requirements published on the FXWB Prime website, as may be amended from time to time or communicated to the Client.
• If FXWB Prime suspects or has reason to believe that the client has attempted fraudulent activity in order to claim a bonus, or any other promotion, FXWB Prime reserves the right to:
• Cancel or reject the bonus promotion, and any related Commercial Agent bonus, at its sole discretion.
• Terminate the Client's access to the services provided by FXWB Prime and/or terminate the contract between FXWB Prime and the Client for the provision of services,
• Block the customer's account(s) and arrange for the transfer of the unused balance to
• If FXWB Prime suspects or has reason to believe that the Client has abused the terms and conditions of a bonus offer by hedging positions internally (using other trading accounts held with FXWB Prime) or externally (using other trading accounts held with other brokers), FXWB Prime reserves the right to cancel the bonuses, and any trades or profits associated with the Client's account(s).
• Promotional bonuses may be restricted in some countries.
• FXWB Prime reserves the right to cancel or reject promotional bonuses at its sole discretion.

9. OPTIONS

• Options are contracts that give the buyer the right, but not the obligation, to buy (in the case of a call option) or sell (in the case of a put option) a particular FX/CFD at a specified price (the "strike price") on a specified date and time (the "expiry"), from the seller or the seller of the FX/CFD. These options are commonly referred to as European-style vanilla options.
• The proceeds of the purchase or sale of an Option (the "Cost" or "Premium") will be immediately debited or credited to the cash balance of the account. Upon expiry, Options that are in the money will automatically close at their intrinsic value, i.e. in the case of Call Options, the amount by which the closing price of the specified FX/CFD exceeds the strike price, and in the case of Put Options, the amount by which the strike price exceeds the closing price of the specified FX/CFD. For long Call and short Sell positions, the closing price will be the prevailing bid price of the underlying FX/CFD at Expiration; and for short Call and long Sell positions, the closing price will be the prevailing ask (offer) price of the underlying FX/CFD, as determined by FXWB Prime in its sole discretion. Out-of-the-money options will expire without value.
• El Cliente conoce, reconoce y acepta que FXWB Prime cotiza spreads variables en Opciones. El Cliente es específicamente consciente de que los diferenciales variables de las opciones se ven afectados por las condiciones reales del mercado, que están fuera del control de FXWB Prime. FXWB Prime no garantiza ningún margen máximo ni tarifa mínima de opción. Puede haber ocasiones en las que las cotizaciones de opciones no estén disponibles para algunos FX/CFD subyacentes.
• We allow you to make various transactions, including those relating to options based on various indices that we will define from time to time (for example, types of indices and types of stocks and options), as well as to receive financial information and other various services that we will determine at our sole discretion. Before making any transaction, we advise you to read the explanations that you will find on the website regarding each type of transaction. Trading rules are established exclusively by FXWB Prime.
• We will make available to you, by posting on fxwbprime.com, the current price applicable to a stock or index and offer you the opportunity to enter a buy or sell position in respect of such stock or index. Each position will be for a specified expiry date. We expect that current prices will bear a reasonable relationship to the actual prices of such stocks available in the market. We make no representation, either express or implied, that current prices represent current quoted prices.

10. CUSTOMER ASSETS

• FXWB Prime does not pay interest on client funds deposited by
• All funds, securities, currencies and other property of the Client which FXWB Prime or its marketing partners may at any time be holding for the Client (whether individually, jointly with others, or as guarantor for the account of any other person,) or which may at any time be in its possession or control or carried on its books for any purpose, including safekeeping, must be held by FXWB Prime as security and subject to a general lien and right of set-off for the Client’s obligations to FXWB Prime whether or not FXWB Prime has made advances in respect of such securities, commodities, currencies or other property, and regardless of the number of accounts the Client may have with FXWB Prime.
• FXWB Prime may, at its discretion, at any time and from time to time, without prior notice to the Client, apply and/or transfer any or all of the Client's funds or other property between any of the Client's
• The Client also grants FXWB Prime the right to pledge, re-pledge, mortgage, invest or lend, whether separately or with the property of other Clients, to itself as broker or to others, any securities or other property of the Client held by FXWB Prime as margin or security.
• FXWB Prime shall at no time be obligated to deliver to the Client identical property delivered or purchased by FXWB Prime for any account of the Client.
• This authorization shall apply to all accounts maintained by FXWB Prime for the Client and shall remain in full force and effect until all accounts are fully paid by the Client or notice of revocation is sent by FXWB Prime from its head office.
• Any failure by FXWB Prime to enforce its rights shall not be deemed a future waiver of such rights by FXWB Prime.
• FXWB Prime is irrevocably appointed as the Client's attorney-in-fact and is authorized, without notice to the Client, to execute and deliver any documents, give any notices and take any action on behalf of the Client, including the execution, delivery and filing of financing statements, that FXWB Prime deems necessary or advisable to evidence or protect FXWB Prime's interest in respect of any collateral.
• In the event that collateral deemed acceptable to FXWB Prime is at any time insufficient to satisfy the Client's indebtedness or other obligations to FXWB Prime, including any obligations to provide margin hereunder, the Client shall promptly pay, upon demand, the full amount of such collateral.
• Non-compliance by the credit institution and supervision:
• In the event of default by one of our appointed credit institutions, FXWB Prime accepts no liability and is not subject to any responsibility arising from any losses to clients arising from such default.
• However, we carry out an appropriate and ongoing risk assessment of our designated credit institutions to ensure their security.
• We will provide retail customers with details of our designated credit institutions upon request, including the names of those institutions and the customer's account details.
• Where the Client does not wish FXWB Prime to deposit funds with a particular credit institution, we will return such funds to the Client as soon as possible.
• Pursuant to Section 11.4, Clients trading on the FXWB Prime Direct platform agree to the transfer of full ownership of funds to FXWB Prime for the purpose of securing or otherwise covering a margin requirement and as such the margin requirement will no longer be treated as belonging to the Client. FXWB Prime will deposit the margin requirement as collateral with its liquidity provider(s). These funds will not be recorded in the name of the Client. Funds deposited by the Client in excess of the margin requirement will be treated as Client funds in accordance with the Client Asset.

11. CONFLICTS OF INTEREST

• FXWB Prime is required to maintain and operate effective organizational and administrative controls to take all reasonable steps to identify, manage, disclose and record conflicts of interest in order to achieve this. FXWB Prime has established and implemented a Conflicts of Interest policy.
• Where the measures taken by FXWB Prime to manage conflicts of interest are insufficient to ensure, with reasonable confidence, that risks of harm to the client's interests will be avoided, FXWB Prime will clearly disclose to the client the general nature and sources of the conflicts of interest before undertaking business on behalf of the client.

12. COMPLAINTS

• Should you have any questions and/or concerns and/or issues and/or problems and/or reasons for feeling dissatisfied with any aspect of our service, you should first contact our customer service team.
• If our customer service team is unable to resolve the matter or you feel that our service has not met your expectations and you wish to raise this issue as a formal complaint, you must complete a Complaint Form, accessible in the legal documents section of our website. The completed complaint form, accompanied by appropriate supporting evidence (where required), should be sent to support@fxwbprime.com so that the formal claim is recorded.
• We will provide you with regular written updates on the progress of the investigation of your complaint, at intervals of no more than 20 business days;
• We will attempt to investigate and resolve the complaint within 40 business days of receipt;
• Once 40 business days have passed and the claim has not been resolved, we will inform you of the expected time frame within which we expect to resolve the claim.
• Once the investigation of the complaint has been completed, a final response will be sent to the customer with the results of the investigation, together with any necessary explanations and corrective measures that the company intends to take.
• A complaint will be considered resolved or settled when the Company has sent a written Final Response to the Customer.
• If you feel that your complaint has not been satisfactorily resolved and you remain dissatisfied, we advise you to seek independent legal advice.

13. SETTLEMENT OF ACCOUNTS AND PAYMENT OF DEFICIT BALANCES

• In the event of (a) the death or judicial declaration of incompetence of the Client; (b) the filing of a petition for bankruptcy, or a petition for the appointment of an administrator, or the institution of any insolvency or similar proceeding by or against the Client; (c) the filing of a lien against any of the Client’s accounts carried by FXWB Prime, (d) insufficient margin, or FXWB Prime’s determination that any collateral posted to protect one or more of the Client’s accounts is inadequate, regardless of current market quotations, to secure the account; (e) the failure of the Client to provide us with any information requested under this agreement or any applicable law, or (f) any abuse of trading practices, manipulations and/or fraud by the Client or any other person authorized to use the account, or (g) any other circumstances or events that we deem appropriate for your protection, and in FXWB Prime’s sole discretion, may take one or more, or any part of the following actions:
• Satisfy any obligation the Client may have to us, whether directly or by way of a guarantee or bond, out of any of the Client's funds or property in the custody or control of FXWB Prime;
• Sell or buy any or all foreign exchange contracts, securities held or transported for the Client; and
• Cancel any or all pending orders or contracts, or any other commitments made on behalf of the Client.
• Any of the above actions may be carried out without requiring any margin or additional margin, without prior notice of sale or purchase or any other notice to the Client, its personal representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest is exclusive to the Client or shared with others.
• Prior demand or notice to sell or buy shall not be deemed a waiver of FXWB Prime's right to sell or buy at any time in the future without demand or notice as provided above.
• Upon liquidation of Client's long or short positions, FXWB Prime may, at its sole discretion, offset in the same liquidation or may initiate new long or short positions in order to establish a hedge which in FXWB Prime's sole judgment may be advisable to protect or reduce existing positions in the Client's account.
• Any sale or purchase hereunder may be made in FXWB Prime's judgment and discretion on any interbank or other exchange market on which such business is then customarily conducted or at public auction or private sale, and FXWB Prime may purchase all or any portion thereof free and clear of any right of redemption.
• For the protection of the Client, if the Net Asset Value of the Client's trading account falls below the Minimum Margin Requirement, all of the Client's open trades will be automatically closed, whether at a loss or profit.
• For FXWB Prime and MetaTrader platforms, the Minimum Required Margin is equal to 20% of the Required Margin.
• For the FXWB Prime platform, the Minimum Margin Requirement is equal to 50% of the Required Margin.
• If the amount in the Client's trading account is less than zero, the Client shall immediately notify FXWB Prime and FXWB Prime will terminate the account.
• Neither FXWB Prime nor any of its affiliates, marketing partners or agents shall be liable for any loss or damage caused due to the closing of positions in accordance with the above.
• The Client shall at all times be liable for payment of any deficiency balance of the Client upon request of FXWB Prime and in all cases, the Client shall be liable for any remaining deficiency in the Client's account(s) in the event of liquidation thereof in whole or in part by FXWB Prime or by the Client.
• In the event that the proceeds realized under this authorization are insufficient for the payment of all of the Client's obligations owed to FXWB Prime, the Client shall promptly pay, upon demand, the shortfall and all outstanding obligations, together with interest thereon equal to three (3) percentage points above the then-current prime rate at FXWB Prime's primary bank or the maximum interest rate permitted by law, whichever is lower, and all collection costs, including attorney fees, witness fees, travel expenses and the like.
• In the event that FXWB Prime incurs any charges other than for the collection of deficits, in respect of any of the Client's account(s), the Client agrees to pay such charges.

14. RATES/TARES

• Fees arising from the provision of services by FXWB Prime are described in the Trading Conditions and Charges.
• The Client is aware that a portion of FXWB Prime's revenue comes from the spread on each transaction. The spread is the difference between the bid price and the ask price of a transaction's quote.
• FXWB Prime may increase or decrease margins on any or all instruments, at its sole discretion, at any time without notice due to various extenuating factors - market sentiment, news or announcements, trading volumes, market volatility and/or additional internal or external factors. This may be effected on an individual client basis or for all clients simultaneously.
• Margins may be increased when a third party, including but not limited to a marketing partner, introducing broker, marketing partner, refers a client to FXWB Prime. This additional margin may be passed on to the third party who referred the client as remuneration.
• In the event that a Client requests a specific commission structure, the Client may pay a commission for opening and closing positions in Forex, CFDs, Options and Spread Betting. Such commission will be debited from the Client's account at the same time FXWB Prime opens or closes the Forex, CFDs, Options and Spread Bets positions.
• When we increase or introduce new fees, we will post the changes on our website at least 7 days before they take effect.
• We may also charge incidental bank fees, such as transfer fees for deposits/withdrawals and fees for returned checks.
• In certain circumstances, additional fees may include statement fees, order cancellation fees, account transfer fees, telephone order fees, or fees imposed by any interbank agency, bank, contract, exchange, or other regulatory or self-regulatory organization arising from the provision of services by FXWB Prime.
• The Client may incur additional charges for purchasing optional value-added services from us.
• REINVESTMENTS, OVERNIGHT INTEREST:
• A daily financing charge may be applied to each open Forex, CFDs, Options and Spread Betting position at the close of the FXWB Prime trading day in respect of that Forex, CFDs, Options and Spread Bet.
• If such financing charge is applicable, it will be requested to be paid by the Client directly to FXWB Prime or will be paid by FXWB Prime to the Client, depending on the type of Forex, CFDs, Options and Spread Betting and the nature of the Client's position.
• The financing fee calculation method varies depending on the type of FX, CFD, Options and Spread Betting it applies to. In addition, the amount of the financing charge will vary as it is linked to prevailing interest rates (such as LIBOR).
• Financing charges will be credited or debited (as applicable) to the Client's account on the trading day following the day to which they relate.
• FXWB Prime reserves the right to change the financing charges calculation method, financing rates and/or the types of Forex, CFDs, Options and Spread Betting to which financing charges apply.
• For certain types of Forex, CFDs, Options and Spread Betting, a commission is payable by the Client for opening and closing Forex, CFDs, Options and Spread Betting positions. Such commission will be charged to the Client's account at the same time as FXWB Prime opens or closes the Forex, CFDs, Options and Spread Bets positions.
• CFD and Spread Betting transactions are linked to the market price of a certain base asset, including the futures market price. A few days before the expiration date of the base asset to which the CFD and Spread Betting is linked, the base asset will be replaced by another asset, and the CFD and Spread Betting quote will change accordingly.
• CFDs and Spread Betting have no expiry.
• CFD and Spread Betting trading is continuous and the underlying assets to which they are linked vary from time to time.
• FXWB Prime reserves the right to determine the base asset to which CFDs and Spread Betting are linked, the date of base asset substitution and the substitution.
• Following the replacement of the base asset, the quote for CFDs and Spread Betting will be adjusted and the Client's account will be credited or debited, as appropriate, according to the difference in quotes created due to the replacement of the base asset.
• The difference in prices between the underlying assets is affected by the difference in rates between the sale and purchase of said assets on the market, so the revaluation of the sale and purchase operations will be made at different values.
• Clients will incur costs in relation to the cost of the spread when closing the old contract and opening the new one, as well as a standard overnight interest charge.
• In most cases, the debits will be higher than
• Any open transaction held by the Client at the end of the trading day as determined by FXWB Prime or over the weekend will be automatically rolled over to the next business day in order to avoid an automatic closure and physical settlement of the transaction.
• Customer acknowledges that, by carrying forward such transactions to the next business day, overnight interest may be added to or subtracted from Customer's account with respect to such transaction.
• The amount of overnight interest will be determined by FXWB Prime from time to time, in the sole discretion of FXWB Prime.
• The Client hereby authorizes FXWB Prime to add or subtract overnight interest to or from the Client's account for any open transaction that has earned overnight interest, in accordance with the rate applicable thereto, each day at the collection time specified on the trading platform for each individual instrument, as applicable.
• Full information on applicable rates can be found in Terms of Business and Rates.

15. COMMUNICATIONS, STATEMENTS AND CONFIRMATIONS

• Reports, statements, notices, trade confirmations, and any other communications will be posted online and may be transmitted to such address as the Client may designate from time to time in a written or electronic communication to FXWB Prime.
• The Client is responsible for alerting FXWB Prime of any changes to their email address.
• Communications are deemed to be received when made available to the Client by FXWB Prime, regardless of whether the Client actually accessed the statement.
• The Client will be able to generate daily, monthly and annual account statements detailing transaction activity, profit and loss accounts, open positions, margin balances and account credits and debits.
• The Client understands that he/she must carefully review reports relating to the Client's trading published online by FXWB Prime.
• Order confirmation reports and account statements for the Client published online by FXWB Prime shall be deemed correct and shall be conclusive and binding on the Client if not objected to within two business days of online publication.
• Objections can be made initially by email or telephone, but must be subsequently confirmed in
• If the Client becomes aware of an error with respect to any report or statement, such as amounts erroneously credited to the Client, the Client shall immediately inform FXWB Prime and is responsible for returning such amount to FXWB Prime, and if FXWB Prime becomes aware of such occurrence, FXWB Prime is expressly authorized to correct such error by correcting such report or statement, and, where applicable, treat this as a Deficit Balance.
• The Client declares that by providing his/her registration data to FXWB Prime he/she consents to FXWB Prime, its affiliates, marketing partners and agents sending, and the Client receiving, by means of telephone, fax, SMS or email, communications containing commercial content in relation to the Client's use of the trading platform, including information and offers from FXWB Prime or third parties that FXWB Prime believes the Client may find useful or interesting, such as newsletters, marketing or promotional materials.
• The Client acknowledges that FXWB Prime is not required to separately obtain the Client's prior consent (whether written or oral) before distributing such communications to the Client, provided that FXWB Prime will cease distributing such communications if the Client notifies FXWB Prime in writing that the Client no longer wishes to receive such marketing communication.
• The Client can generate account statements at any time on the online trading platform. These statements will record the time the order was executed and the balance of the Client's account. Our internal records will record the time the order was requested from the Client.
• FXWB Prime will also provide the Client with an annual statement containing details of the funds held by the Company for the Client at the end of the period covered by the statement. The statements will also show all charges applied during the period covered by the statement, if any.
• Clients will also have real-time access to each client's account, where transactions, the time at which orders were executed and the client's account balance will be displayed.

16. DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY

• FXWB Prime and/or any of its affiliates, marketing partners or agents shall not be liable for any loss or damage caused, directly or indirectly, by any event, act or omission beyond the control of FXWB Prime including, without limitation, loss or damage resulting, directly or indirectly, from any delay or inaccuracy in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or power failure.
• Neither FXWB Prime nor any of its affiliates, marketing partners or agents warrant that the trading platform or services provided (including any third party licenses) will be available without interruption or error-free and such trading platform and services are provided "AS IS" without any representation or warranty of any kind, unless otherwise stated.
• Under no circumstances shall FXWB Prime or any of its affiliates, marketing partners or agents be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of or inability to use the FXWB Prime trading platform or services (including third party licenses), including but not limited to loss of profits, loss of business, loss of trade, loss of data or use of data, any unauthorized access to, alteration of, theft or destruction of customer’s computers, computer systems, data files, programs or information, or the costs of procurement of substitute goods or services.
• Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence, the economic terms of this Agreement would be materially different.
• This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if FXWB Prime or any of its affiliates, marketing partners or agents has been advised of the possibility of such damages.
• Neither FXWB Prime nor any of its affiliates, marketing partners or agents have any liability or duty of indemnity in relation to unusable data, lost or corrupted transactions or Client data, by whatever means, in whatever form.
• This limitation of liability further eliminates any duty or liability on the part of FXWB Prime or any of its affiliates, marketing partners or agents relating to unusable data, lost or corrupted client transactions or data, resulting in whole or in part from third party software or network goods or services or from Internet-related problems or from actions or events beyond the control of FXWB Prime.
• FXWB Prime and its affiliates, marketing partners and agents disclaim any and all liability resulting from or related to any breach of Internet security or interruptions, distortions or delays of Client's connections to the Internet, due to any reason whatsoever.
• Because OTC is not an exchange-traded market, the prices at which FXWB Prime trades or quotes may or may not be similar to the prices at which other OTC market makers trade or quote.
• If a quote or execution error occurs, which may include, but is not limited to, a typographical error in a quote, a quote that is not representative of fair market prices, an erroneous quote from a trader, or erroneous quote due to a failure of hardware, software or communication lines or inaccurate external data systems provided by third party providers, FXWB Prime shall not be liable for any resulting errors in account balances. Notwithstanding the foregoing, in the event that transactions are closed or opened based on the erroneous quote, FXWB Prime’s dealing room attempts to recognize such event and act promptly to reinstate such Client acknowledges that the reinstatement process may take time, during which the Client may not be able to use his or her trading account, and pending orders may not be executed.
• In the event that FXWB Prime identifies an erroneous quote or an outdated quote, it may offer the Client an alternative quote or alternatively continue the transaction, all at the sole discretion of FXWB Prime.
• The Client further acknowledges that FXWB Prime, its affiliates, marketing partners and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
• Third-party licenses:
• If any third party software is included within or embedded in the FXWB Prime website or online trading platform, then such embedded third party software will be provided subject to the terms of this Client Agreement that apply to online trading.
• Customer shall fully comply with the terms of any Third Party License we provide from time to time.
• We do not provide any express or implied warranties, indemnities or endorsements for Third Party Licenses, and we shall have no liability in connection therewith.
• "Third Party Licenses" means the third party licenses governing third party software integrated into or used on the Trading Platform.

17. FOREX, CFDs, OPTIONS AND BETTING SPREAD FLUCTUATION RISK

• If the Client instructs FXWB Prime to carry out any Forex, CFDs, Options and Spread Betting transactions:
• Any profit or loss arising as a result of fluctuations in Forex, CFDs, Options and Spread Betting shall be entirely at the Client's own risk;
• All initial and subsequent deposits for margin purposes shall be made in US Dollars, Euros, British Pounds or Japanese Yen in such amounts as FXWB Prime may require at its sole discretion; and
• FXWB Prime is authorized to convert funds in the Client's account for margin into and from such foreign currency at an exchange rate determined by FXWB Prime in its sole discretion based on the then-current money market rates.

18. COMPENSATION

• The Client agrees to indemnify and hold harmless FXWB Prime, its affiliates, marketing partners, agents, employees, agents, successors and assigns ("FXWB Prime Indemnitees") from and against any and all liabilities, losses, damages, costs and expenses, including attorneys' fees, incurred by any of the FXWB Prime Indemnitees arising from the Client's failure to fully and timely perform the Client's obligations hereunder or under any Third Party License or in the event that any of the Client's representations and warranties are not true and correct.
• The Client also agrees to promptly pay FXWB Prime indemnifies all damages, costs and expenses, including attorneys' fees, incurred in the enforcement of any of the provisions of this Agreement and any other agreements between FXWB Prime and the Client.
• In addition to the limitations of liability specified elsewhere in this Agreement, FXWB Prime indemnifies you against and disclaims all claims and losses incurred in connection therewith if the claim or loss was caused or contributed to by:
• Actions or omissions by the Client,
• Any act or omission by any person who gains access to the Client's account, whether or not the Client has authorized such access,
• System malfunction, equipment failure (whether the Client's equipment or FXWB Prime's equipment), system outage or system unavailability,
• Delays, failures or errors in the implementation of any instruction,
• Inaccurate or incomplete instructions received by FXWB Prime from the Client, or
• Any reliance on or use by the Client or any third party with access to the Client's account of any financial and market data, quotes, news, analyst opinions, research reports, charts or any other data or information made available through the Trading Platform or any Third Party License, whether to complete a transaction on the Trading Platform or for any other purpose.
• FXWB Prime shall be entitled to offset the Client's liabilities under this Client section.

19. MARKET ABUSE AND MANIPULATION

• PROHIBITION OF ARBITRATION AND MANIPULATION.
• FXWB Prime does not permit the practice of arbitrage in trading and strictly prohibits any form of manipulation of its prices, execution, and platform or the making of trades based on errors, omissions or misquotes on the FXWB Prime platform.
• Price latency, connectivity delays and errors in price feeds sometimes create a situation where the prices displayed do not accurately reflect market quotes. The concept of arbitrage and "scalping", or taking advantage of these Internet delays, cannot exist in an OTC market where the customer buys or sells directly from the market maker.
• Any transaction that relies on price latency or price feed errors may be subject to intervention including the right to void any transaction that FXWB Prime has determined is a result of any of these practices, profit reversal, spread widening, trade lockout, and any other necessary account corrections or adjustments without notice.
• If FXWB Prime suspects or has reason to believe that the Client has abused the terms and conditions by hedging positions internally (using other trading accounts held with FXWB Prime) or externally (using other trading accounts held with other brokers), FXWB Prime reserves the right to cancel any trades or profits associated with the Client's account(s).
• MARKET ABUSE: FXWB Prime may hedge our liability to you by opening analogous positions with other institutions or in the underlying market. The result of us doing this is that when you trade with us your trades may, through our hedging, exert a distorting influence on the underlying market for that index, in addition to the impact it may have on our own prices. This creates a potential for market abuse.
• The Client represents and warrants, and agrees that each such representation and warranty shall be deemed repeated each time the Client opens or closes a position that:
• The Client will not and has not placed a trade with us relating to a particular index or any other CFD price if in doing so the Client, or other persons with whom the Client acts in concert, would have exposure to the price of the underlying financial instrument which could create a situation of market abuse.

This exposure may be equal to or greater than the amount of a reportable interest in the relevant financial instrument. For these purposes, the level of a reportable interest shall be the level prevailing at the material time, as determined by law or by the stock exchange(s) or other exchange on which the underlying financial instrument is traded; and
• The client will not carry out nor has he carried out any commercial transaction with us in relation to:
• a placement, issue, distribution or other similar event;
• an offer, acquisition, merger or other similar event; or
• any other corporate finance-style activity in which the Client is involved or otherwise interested; and
• The Client will not place or close a position and the Client will not place an order that contravenes any primary or secondary legislation or other law against insider dealing or market manipulation. The Client agrees that FXWB Prime may proceed on the basis that when the Client opens or closes a position or places an order on the price of a share, the Client may be treated as dealing in securities within the meaning of the relevant statutes or regulations.
• In the event that the Client places or closes any trade or places an order in breach of the representations and warranties given, or FXWB Prime has reasonable grounds to suspect that the Client may have done so, FXWB Prime may at our absolute discretion and without being under any obligation to inform the Client of our reason for doing so close that trade and any other trade or trades it may have open at the time, if any, and also at our absolute discretion cancel any trade or profits associated with the Client(s) account.
• The Client acknowledges that the transactions are speculative arrangements and agrees that he/she will not enter into any transaction with us in connection with any corporate finance style activity.
• Client acknowledges that it would be improper for Client to trade in the underlying market if the sole purpose of such transaction was to impact our bid or ask prices, and Client agrees not to engage in any such transaction.

20. ORDER EXECUTION, STOP AND LIMITS

• FXWB Prime will use commercially reasonable efforts to complete all orders that it, in its sole discretion, decides to accept in accordance with the oral or written or computerized instructions of
• FXWB Prime reserves the right to refuse to accept any
•FXWB Prime may, at its sole discretion, allow the Client to specify a closing price for a transaction on the Trading Platform through a “Close at Loss” and “Close at Profit” order, always subject to the terms of this Agreement and any other terms and conditions that FXWB Prime may implement from time to time.
• "Closing at a loss" means an offer to close a trade at a price determined in advance by the Client which, in the case of a trade opened by offering to buy a specific number of a certain instrument, is lower than the opening price of the trade, and in the case of a trade opened by offering to sell a specific number of a certain instrument, is higher than the opening price of the trade.
• "Closing at Profit" means an offer to close a trade at a price determined in advance by the Client which, in the case of a trade opened by offering to buy a specific number of a certain instrument, is higher than the opening price of the trade, and in the case of a trade opened by offering to sell a specific number of a certain instrument, is lower than the opening price of the trade.
• Upon Client's offer and FXWB Prime's acceptance of an order, Client authorizes FXWB Prime to close the transaction at the Close at Loss or Close at Profit price, as applicable, and as agreed in the order, without further instructions or notification to Client.
• FXWB Prime may, at its sole discretion, close the transaction when the price quoted by FXWB Prime on the trading platform is equal to the price accepted by FXWB Prime for such order.
• The Client acknowledges and agrees that FXWB Prime shall not be obligated to close a transaction that does not comply with any other agreed limitations in respect of such transaction.
• The Client acknowledges and agrees that due to market volatility and factors beyond the control of FXWB Prime, FXWB Prime cannot guarantee that a Stop Loss order will be executed at the level specified in the Client's order. In such event, FXWB Prime will close the transaction at the next best price.
• If, prior to the Client's "Limit Order" offer to open or close a transaction being accepted by FXWB Prime, the FXWB Prime quote moves in the Client's favour (for example, if the price goes down when the Client buys or the price goes up when the Client sells) the Client agrees that FXWB Prime will execute the closing transaction at the price specified by the Client and not better. The Client agrees that FXWB Prime may withhold such price movement at its own expense.
• The Client is aware that a portion of FXWB Prime's revenue comes from the spreads on each transaction. The spread is the difference between the bid price and the ask price of the quote on a transaction. Therefore, in the event that the fair market price reduces FXWB Prime's spread on a specific transaction, FXWB Prime may, at its sole discretion, choose not to execute such transaction, in which case FXWB Prime may send the Client a modified quote for consideration. FXWB Prime may complete a transaction at its sole discretion in the event that the fair market price does not affect FXWB Prime's spread on the transaction and/or increases it.

21. RISK RECOGNITION

• The Client acknowledges that investing in leveraged and unleveraged trading is speculative, involves a high degree of risk and is only appropriate for persons who can assume the risk of losing their entire margin deposit.
• Client understands that due to the low margin typically required in OTC trading, price fluctuations in OTC trading may result in significant losses.
• The Client warrants that the Client is willing and able, financially and otherwise, to assume the risk of OTC trading, and in consideration of FXWB Prime carrying his/her account(s), the Client agrees not to hold FXWB Prime and any of its affiliates, marketing partners or agents liable for any losses incurred by the Client.
• The client acknowledges that guarantees of profit or absence of losses are impossible in OTC.
• The Client acknowledges that the Client has not received any such assurances from FXWB Prime or any of its representatives or any introducing broker or other entity with which the Client is conducting his/her FXWB Prime account and has not entered into this agreement in consideration of or in reliance on any such assurances or similar representations.
• The high degree of leverage that is available in Forex, CFDs, Options and Spread Betting trading can work against you as well as in your favour. Leverage can lead to large losses as well as profits.
• During times of extreme volatility, it may be difficult or impossible to execute.

22. RECOMMENDATIONS AND MARKET INFORMATION

• The client acknowledges that:
• Any market recommendations, signals and information communicated by any communication method to the Client by FXWB Prime and any of its affiliates, marketing partners, agents or by any person within FXWB Prime e does not constitute an offer to sell or the solicitation of an offer to buy any OTC contract, and FXWB Prime e does not provide investment advice.
• Such advice and information, although generally based on information obtained from sources FXWB Prime believes to be reliable, may be based solely on the opinion of an agent and such information may be incomplete and may not be verified, and
• FXWB Prime makes no representation, warranty or guarantee as to, and shall not be liable for, the accuracy or completeness of any market information or recommendations provided to the Client and shall not be liable for any loss or damage, including without limitation any loss of margin or profit which may arise directly or indirectly from use of or reliance on such recommendations or information.
• The Client understands that the Client is solely responsible for evaluating the merits and risks of any trade that he/she may enter into with FXWB Prime whether as a result of information provided by FXWB Prime or otherwise.
• The Client acknowledges that FXWB Prime and/or its officers, directors, marketing partners, associates, shareholders or representatives may have a position in or may intend to buy or sell Forex, CFDs, Options and Spread Bets, which are the subject of market recommendations provided to the Client, and that the market position of FXWB Prime or any such officer, director, marketing partner, associate, shareholder or representative may not be consistent with the recommendations provided to the Client by FXWB Prime.
• The Client acknowledges that FXWB Prime makes no representations regarding the tax implications or treatment of any trading activity.

23. CUSTOMER REPRESENTATIONS AND WARRANTIES

• The Client declares and guarantees that:
• If the Client is a natural person, the Client is of full mental capacity, is of legal age and has legal competence
• If the Client is not a natural person:
• The Client is duly incorporated and validly exists under the applicable laws of the jurisdiction of its incorporation;
• The execution and granting of this Agreement and all Contracts and other transactions contemplated hereby, as well as the performance of all obligations contemplated hereby, have been duly authorized by the Client; and
• Any person who executes and delivers this Agreement and all other transactions contemplated hereby on behalf of the Client has been duly authorized by the Client to do so.
• No person other than the Client has or will have an interest in the Client's account(s) and the Client has not and will not grant a security interest in the Client's account with FXWB Prime (other than the security interest granted to FXWB Prime hereunder) to any person without the prior written consent of FXWB Prime. FXWB Prime's prior written consent The Client has complete beneficial ownership of all collateral and will not grant any security interest in any collateral to any person (other than the security interest granted to FXWB Prime hereunder) without the prior written consent of FXWB Prime; and,
• The Client hereby warrants that, notwithstanding any subsequent determination to the contrary, the Client is eligible to trade OTC; and,
• The Client is not currently an employee of any exchange, any corporation in which any exchange holds a majority of the share capital, any member of any exchange and/or company registered with any exchange, or any bank, trust or insurance company, and in the event that the Client becomes such, he will immediately notify us in writing at the head office of FXWB Prime; and,
• Client shall execute and deliver all documents, give all notices, make all filings and take all other actions that FXWB Prime, in its sole discretion, deems necessary or desirable to evidence or perfect any security interest in favor of FXWB Prime or to protect FXWB Prime's interests with respect to any Collateral; and,
• The Client has read and understands the provisions contained in this Agreement, including, without limitation, the Risk Disclosure Statement and the FXWB Prime Privacy Statement; and the Client will review this Agreement; and the Client will not effect any transaction on his/her account unless he/she understands this Agreement, and the Client agrees that by effecting any transaction he/she is deemed to represent that he/she has read and understands this Agreement as it is in effect at the time of such transaction; and
• The Client agrees to comply at all times with all applicable laws, statutes and regulations and the Client represents that the execution and delivery by the Client of this Agreement and all other transactions contemplated hereby, and the performance of all of the Client's obligations contemplated by this Agreement and any other transactions contemplated hereby, will not violate any statute, rule, regulation, ordinance, bylaw, by-law or policy applicable to the Client. The Client may not use this account with FXWB Prime for any illegal activity.

24. ISLAMIC ACCOUNTS

• In the event that the Client, due to his observance of Islamic religious beliefs is unable to receive or pay interest, the Client may choose to designate, in the manner provided by FXWB Prime, his trading account to be an Islamic account, which is not charged with, or entitled to, overnight interest and/or rollovers.
• In the event that the Client designates his/her account as an Islamic account, he/she may not keep any trades open in such account for more than 5 days and may not otherwise abuse such account.
• FXWB Prime reserves the right to cancel the aforementioned benefit at any time and take any necessary action at FXWB Prime's sole discretion due to abuse of this benefit.
• Such actions may include, without limitation, designating the Islamic Account as a regular account and retroactively making required adjustments (for example, offsetting amounts in the account equal to amounts paid by FXWB Prime as interest), cancelling transactions and adjusting account balances.

25. DISCLOSURE OF FINANCIAL INFORMATION

• The Client represents and warrants that the financial information provided to us in his/her Application is an accurate representation of his/her current financial situation.
• The Client represents and warrants that it has carefully considered the portion of its assets that it considers to be risk capital.
• The Client acknowledges that risk capital is the amount of money that the Client is willing to put at risk and the loss of which would not in any way alter his or her lifestyle.
• The Client undertakes to inform us immediately if the Client's financial situation changes in such a way as to reduce the Client's net worth, liquid assets and/or risk capital.

26. NO SEPARATE AGREEMENTS

• The Client acknowledges that the Client has no separate agreement with FXWB Prime or any of its employees or agents in relation to trading on the Client's FXWB Prime account, including any agreement to guarantee profits or limit losses on the Client's account.
• Client understands that Client must authorize each transaction prior to its execution unless Client has delegated discretion to another party by signing the FXWB Prime Limited Trading Authorization or as otherwise agreed in writing with FXWB Prime, and any disputed transaction must be brought to the attention of the FXWB Prime Compliance Officer in accordance with the notification requirements of this Client Agreement.
• The Client agrees to indemnify and hold FXWB Prime and its affiliates, marketing partners and agents harmless from all damages or liability resulting from the Client's failure to promptly notify the FXWB Prime Compliance Officer of any of the events mentioned herein.
• All notices required under this section shall be sent to FXWB Prime at its address.

27. DISCLOSURE OF BUSINESS PARTNER REFERENCES

• FXWB Prime may engage with advertising/referral/marketing partners ("Marketing Partner") who are entirely separate and independent from each other and from FXWB Prime. Any agreement between FXWB Prime and the Marketing Partner does not establish a joint venture or partnership and the Marketing Partner is not an agent or employee of FXWB Prime.
• FXWB Prime does not control, and cannot endorse or vouch for the accuracy or completeness of any information or advice which the Client may have received or may receive in the future from FXWB Prime Group Marketing Partners or any other person not employed by, or acting on behalf of FXWB Prime, in relation to the risks involved in trading Forex, CFDs, Options and Spread Betting or the risks involved in such trading.
• Since the Marketing Partner is not an employee or agent of FXWB Prime, FXWB Prime does not endorse or respond for the services provided by the Marketing Partner. It is the client's responsibility to perform necessary due diligence on the Marketing Partner before utilizing any of their services.
• The Client understands that in order to trade with FXWB Prime the Client must open an account directly with FXWB Prime. FXWB Prime makes appropriate risk disclosure information available to all Clients when they open accounts. Clients should read that information carefully and should not rely on any contrary information from any other source.
• The Client acknowledges that no representations and/or warranties have been made by FXWB Prime its servants or agents or any individual associated with FXWB Prime with respect to future profits or losses in the Client's account.
• The Client understands that Forex, CFDs, Options and Spread Betting trading is very risky and that many people lose money trading and that all Forex, CFDs, Options and Spread Betting trading, including trading made pursuant to a system, course, program, research or recommendations of a Marketing Partner, Trading Agent or any other third party involves a substantial risk of loss. Furthermore, the Client acknowledges, accepts and understands that the use of a trading system, course, program, research or recommendations of a Marketing Partner, Trading Agent or any other third party will not necessarily result in profits, prevent losses or limit losses.
• Since the risk factor is high in Forex, CFD, Options and Spread Betting trading, if the Client does not have additional capital that he can afford to lose, he should carefully consider this before trading.
• The Client understands and acknowledges that FXWB Prime may remunerate a Marketing Partner for referring the Client to FXWB Prime and that such remuneration may be on a per trade or other basis. Furthermore, the Client has the right to be informed of the exact nature of such remuneration.
• The Client acknowledges that a Marketing Partner may also, in some circumstances, be a Commercial Agent. The Client understands that by using a Commercial Agent, the Client may incur a markup, above and beyond the ordinary markup generally provided by FXWB Prime.
• FXWB Prime shall in no event be liable for any loss to the Client resulting from the Client's reliance on any information or advice given by a third party, including a trading agent or marketing partner.

28. COMMERCIAL AGENTS

• The Client acknowledges that if it decides to grant trading authority or control over the Client's account to a third party ("Trading Agent"), whether on a discretionary or non-discretionary basis, it does so at its own risk.
• The Client acknowledges that FXWB Prime, its affiliates, marketing partners or agents shall not be in any way responsible for reviewing the Client's choice of such Commercial Agent, or the actions taken by the Client, or making any recommendations with respect thereto.
• The client acknowledges and understands:
• That FXWB Prime makes no warranties or representations with respect to any Trading Agent,
• That FXWB Prime its affiliates, marketing partners or agents shall not be liable for any loss to the Client arising from the actions of the Commercial Agent, and
• That FXWB Prime does not, by implication or otherwise, endorse or approve the Trading Agent's operating methods.
• If a Client decides to grant trading authority or control over the Client's account to a Trading Agent, the Client agrees to enter into a Power of Attorney Agreement ("POA") with the Trading Agent to permit the same, and to provide the POA to FXWB Prime.
• The Client acknowledges that upon receipt of the Power of Attorney, FXWB Prime is authorized to follow the instructions of the Commercial Agent in all respects until FXWB Prime is notified in writing by the Client that the Power of Attorney has been revoked or has expired.
• The Client authorizes FXWB Prime to debit the Client's Account in accordance with the terms agreed between the Client and the Commercial Agent and set forth in the POA.
• The Client acknowledges that the Trading Agent and many third-party providers of trading systems, courses, programs, research or recommendations may not be regulated by a government. It is the Client's responsibility to conduct the necessary due diligence on the Trading Agent prior to using any of its services and to satisfy itself of its competence and/or suitability for the Client.
• The Client acknowledges that he or the Dealing Agent may choose to use an automated trading system. The Client acknowledges that FXWB Prime assumes no responsibility for such a system. The Client is aware of the trading volume and resulting commissions that such systems may generate and the impact this may have on the performance of the Account. The Client accepts the risks associated with the use of computers and data feed systems, which may include, but are not limited to, failures of hardware, software or communication lines or systems and/or inaccurate external data feeds provided by third party providers and the Client further agrees to hold FXWB Prime harmless from any loss to the Account associated with these risks. The Client acknowledges that neither FXWB Prime nor any of its officers, directors, salespeople, employees, agents, associated persons or FXWB Prime and staff shall be liable for any breakdown or failure.
• The Client understands that by using a Trading Agent or an automated trading system, the Client may incur margin, above and beyond the ordinary spread generally provided by FXWB Prime. Details of such margin will be shown in the spread of the Client's trading account using the automated system and/or provided in the agreement between the Trading Agent and the Client.
• The Client acknowledges that any decision or action taken by the Trading Agent on behalf of the Client shall be deemed to have been taken by the Client and any loss or profit generated by the Trading Agent's action shall be for the Client's account.
• The Client agrees to indemnify and hold FXWB Prime harmless from and against all liabilities, losses, damages, costs and expenses, including attorneys' fees arising directly or indirectly from the management of the account by the Commercial Agent, including, without limitation, all actions, instructions or omissions by the Commercial Agent.
• The Customer acknowledges that the risk factor in trading foreign exchange, commodities, futures, Forex, CFDs, Options and Spread Betting is substantially high, and therefore the Customer further acknowledges that she/he should carefully consider trading through FXWB Prime, whether through a Trading Agent or otherwise, if the Trader does not have capital she/he can afford to

29. DISCLOSURE OF CUSTOMER INFORMATION

• FXWB Prime will not share or sell information relating to clients and/or potential clients except to its employees, agents, partners and associates as necessary in the ordinary course of business, including, but not limited to, FXWB Prime's banking or credit relationship.
• FXWB Prime may also disclose to federal or state regulatory agencies and law enforcement authorities information about the Client and the Client's transactions in response to a request for such information or in response to a court order or subpoena.
• FXWB Prime will share or sell statistical information without revealing the identity of the client.

30. TERMINATION

• This Agreement shall continue in force until terminated, and may be terminated by the Client at any time upon three days’ written notice (which may be by email) where the Client has no position(s) in Forex, CFDs, Options and Spread Betting and no obligations owed to or held by FXWB Prime following actual receipt by FXWB Prime at its head office of written notice of termination, or at any time by FXWB Prime following transmission of written notice of termination to the Client; provided that such termination shall not affect any transactions previously entered into and shall not relieve either party of its obligations under this Agreement or relieve the Client of any obligations arising from any deficit balance.
• Articles 14, 17, 19, 24, 31 and 43 shall survive termination of this Agreement for any reason.

31. INTELLECTUAL PROPERTY AND CONFIDENTIALITY

• All copyright, trademarks, trade secrets and other intellectual property rights and proprietary rights in the FXWB Prime website as a whole, its content and any related materials ("FXWB Prime IP") shall at all times remain the sole and exclusive property of FXWB Prime and its licensors and in the case of third party materials available on the FXWB Prime website to such third party and Clients shall have no right or interest in the FXWB Prime IP except for the right to access and use the FXWB Prime IP as specified herein.
• The Client acknowledges that the FXWB Prime IP is confidential and has been developed through the expenditure of substantial skill, time, effort and money.
• The Client shall protect the confidentiality of FXWB Prime's IP and shall not allow access to the website to any third party.
• Client will not publish, distribute or make available to any third party any information derived from or related to FXWB Prime IP.
• Client will not copy, modify, decompile, reverse engineer, or make derivative works of FXWB Prime's IP or the way it operates.
• If the Client has any feedback on FXWB Prime's services or ideas on how to improve them, the Client is welcome to contact FXWB Prime. By doing so, the Client grants FXWB Prime a perpetual, royalty-free, irrevocable and transferable license, with the right to sublicense, to use and incorporate the Client's ideas or feedback into the FXWB Prime services, and to otherwise exploit the Client's ideas and feedback, in each case without the payment of any compensation.

32. RECORDINGS

• Client agrees and acknowledges that all conversations relating to Client's account(s) between Client and FXWB Prime personnel may be electronically recorded with or without the use of an auto-tone alert device.
• Furthermore, Client agrees to FXWB Prime's, its affiliates, marketing partners and agents' use of such recordings and transcripts as it deems appropriate in connection with any dispute or legal proceeding that may arise.
• The Client understands that FXWB Prime destroys such recordings at regular intervals in accordance with FXWB Prime's established business procedures and the Client hereby consents thereto.

33. LEGAL RESTRICTIONS

• Notwithstanding the foregoing, Client understands that laws relating to financial contracts vary throughout the world, and it is Client's sole obligation to ensure that it fully complies with any laws, regulations or directives, relevant to Client's country of residence with respect to the use of the Website.
• For the avoidance of doubt, the ability to access FXWB Prime on the Website does not necessarily mean that the services of FXWB Prime, and/or the Client's activities through it, are legal under any laws, regulations or directives relevant to the Client's country of residence.
• This website does not constitute, and may not be used for the purpose of, an offer or solicitation to any person in any jurisdiction in which such an offer or solicitation is not authorized, or to any person to whom it is unlawful to make such an offer or solicitation.
• Access to this website and the offering of financial contracts through it may be restricted in certain jurisdictions, so users accessing this site must inform themselves of such restrictions and comply with them.

34. STATEMENT

• By accepting this Agreement, the Client declares that the money invested in the Client's account with FXWB Prime does not originate from drug trafficking, kidnapping, or any other criminal activity.

35. TAX COLLECTION

• The Client knows, understands and accepts that, in general, FXWB Prime does not collect taxes for any authority in any form or manner.
• Notwithstanding the foregoing, it is the Client's sole obligation to calculate and pay all taxes applicable to you in the Client's country of residence, or otherwise arising as a result of the Client's business activity utilizing the FXWB Prime's services.
• Without prejudice to Client's sole and entire liability for payment of taxes, Client agrees that FXWB Prime may, but is not obligated to, deduct taxes, as may be required by applicable law, from the results of activity with FXWB Prime.
• The Client is aware that the amounts that may be withdrawn by the Client from the Client's account are "gross amounts", from which FXWB Prime may deduct such taxes, and that the Client shall have no claim towards FXWB Prime in respect of such deductions.

36. INACTIVITY AND ADMINISTRATION RATES

• The Client acknowledges that his/her trading account may be subject to inactivity fees, unless prohibited by law. After 3 consecutive months of inactivity ("Inactivity Period"), and each successive Inactivity Period, an inactivity fee will be deducted from the value of the Client's trading account:

Inactivity rate:

USD Account: 50 EUR Account: €50

Applicable rates are subject to periodic change.

• The Client acknowledges that his/her trading account may be subject to an annual administration fee, unless prohibited by law. After 12 consecutive months of inactivity ("Annual Inactivity Period"), an administration fee will be deducted from the value of the Client's trading account: This is to offset the cost incurred in making the service available, even if it is not used.

Administrative fee:

USD Account: 100 EUR Account: 100 € GBP Account: £100

Applicable rates are subject to periodic change.

37. ACCOUNTING PROCEDURES - IDENTIFICATION

• Customer acknowledges that applicable laws require financial institutions to obtain, verify and record information that identifies each person who opens an account.
• The Client further acknowledges that FXWB Prime makes efforts to prevent fraud and to confirm the Client's identity.
• Accordingly, the Client has provided FXWB Prime, or will provide FXWB Prime immediately upon opening the trading account, certain identification information and documents that will be requested by FXWB Prime, including a copy of the Client's identification, a copy of the Client's utility bill (e.g. telephone bill, property tax bill), and copies of both sides of the Client's credit card (in the event that the deposit was made via credit card).
• The Client confirms that the Client has provided true, accurate, current and complete information during the registration process, and that the Client has not impersonated any person or entity, or misrepresented any affiliation with another person, entity or association, used false headers or otherwise concealed the Client's identity from FXWB Prime for any purpose.

38. WITHDRAWAL AND DEPOSIT PROCEDURES

• Furthermore, the Client acknowledges and agrees to FXWB Prime's procedures regarding withdrawals and deposits into the accounts as set out below:
• Withdrawal Orders: The provision of documentation that may be required from time to time by anti-money laundering regulations, credit card companies and FXWB Prime, is a prerequisite, prior to the execution of a withdrawal order.
• The Client acknowledges that withdrawals may take longer than expected for numerous reasons, some within the control of FXWB Prime and some not.
• A withdrawal to a bank account where initial deposits have been made using credit cards will be executed back to the credit card or bank account at the discretion of FXWB Prime. Withdrawals to the bank account may take a longer period of time due to additional security procedures.
• Variation in Credit Card Deposits: By choosing a base account currency other than USD, the Client's credit card may be charged amounts that, due to exchange rates and credit card company fees, may vary slightly from the initial amount that has been deposited by the Client in the base account currency. The Client hereby agrees that such variations may occur and affirms that he/she will not seek to object to or make charges in connection therewith.
• When depositing by bank transfer, as required by anti-money laundering regulations, the Client must use a bank account that is located in the Client's country of residence and in the Client's name. Any withdrawal of funds from the Client's FXWB Prime account to a bank account can only be refunded to the same bank account from which the funds were originally received.
• Alternative Payment Methods (Internet Payment Providers; Money Transfer Services; ): By depositing funds using a service other than credit cards and/or banks, you agree and acknowledge to be bound by the rules and regulations of such service, including, but not limited to, fees and other restrictions. FXWB Prime may, at its sole discretion, execute withdrawals to a facility other than the one used for the original deposit, in compliance with anti-money laundering regulations.

39. STATEMENTS

• The Client hereby consents to receive account statements and transaction confirmations.
• FXWB Prime will provide the client with password protected online access.
• The Client will be able to generate daily, monthly and annual account statements detailing transaction activity, profit and loss statements, open positions, margin balances, account credits and debits, etc.
• Printed copies of monthly customer statements are only available upon request and may incur an additional cost.
• Statements are deemed received when FXWB Prime makes them available to the Client, regardless of whether the Client has actually accessed the statement.
• The client is responsible for alerting FXWB Prime of any changes to their email address.
• This consent shall be effective until revoked by the Client in writing and received by FXWB Prime in accordance with Section 16 of this Client Agreement.

40. CONSENT FOR ELECTRONIC SIGNATURE

• By electronically signing FXWB Prime's account agreement and related documents, the Client acknowledges receipt of the Client Account Letter, Client Agreement and other documents contained as part of the FXWB Prime electronic account package and the Client agrees to be bound by their terms and conditions.
• Furthermore, by signing the FXWB Prime account agreement and related documents, Client consents to FXWB Prime maintaining and Client receiving electronic records of Client's trades and accounts.

41. CONSENT TO EXECUTION OF ORDERS OUTSIDE A REGULATED MARKET OR MTF

• The Client hereby acknowledges and consents to FXWB Prime executing orders over-the-counter and outside of a regulated market or MTF.

42. WAIVER AND MODIFICATION

• El Cliente entiende, reconoce y acepta que FXWB Prime puede modificar o cambiar este Acuerdo en cualquier momento.
• FXWB Prime will notify the Client of any modification or change by posting the modification or change on FXWB Prime's website or by sending an email message to the Client at least 7 days before it becomes effective.
• The client agrees to be bound by the terms of such modification or change.
• In the event that the Client objects to any change or amendment, the Client undertakes to liquidate the Client's open positions and instruct FXWB Prime regarding the disposition of all assets in the Client's account within ten (10) business days after notification of the amendment or change has been posted on FXWB Prime's website or otherwise notified to the Client.
• No waiver or modification of this Agreement may be implied from any course of dealings between the parties or from any failure by FXWB Prime or the failure of FXWB Prime's agents to enforce their rights under this Agreement on any occasion or series of occasions.
• Oral agreements or instructions to the contrary will not be recognized.

43. ASSIGNMENT

• The Client may not assign or transfer any of its rights or obligations under this Agreement to any third party without the prior written consent of FXWB Prime. Any attempted assignment or transfer in violation of the foregoing shall be void. FXWB Prime may freely assign this Agreement.

44. APPLICABLE LAW AND JURISDICTION

• This Agreement, the rights and obligations of the parties, and any judicial or administrative action or proceeding arising directly or indirectly hereunder or in connection with the transactions contemplated hereby shall be governed by, construed and enforced in all respects in accordance with the laws of England and FXWB Prime and the client irrevocably submit to the non-exclusive jurisdiction of the English Courts.

45. BINDING EFFECT

• This Agreement shall be continuous and shall cover, individually and collectively, all of the Client's accounts at any time opened or reopened with FXWB Prime regardless of any change or changes at any time in the personnel of FXWB Prime or its successors, assigns, affiliates, marketing partners or agents.
• This Agreement, including all authorizations, shall inure to the benefit of FXWB Prime and its affiliates, marketing partners, agents, successors and assigns, whether by merger, consolidation or otherwise, and shall be binding upon the Client and/or the estate, executor, trustees, administrators, legal representatives, successors and assigns of the Client.
• The Client hereby ratifies all transactions with FXWB Prime carried out prior to the date of this Agreement, and agrees that the Client's rights and obligations with respect to the same shall be governed by the terms of this Agreement.

CUSTOMER ACKNOWLEDGES HAVING RECEIVED, READ AND UNDERSTOOD THE FOREGOING CUSTOMER AGREEMENT AND HEREBY AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS THEREOF.