Agreement on rendering services on the financial market
PART II. GENERAL TRADING AGREEMENT – CONDITIONS OF BUSINESS
and
supplements thereto the Forex4pro has notified the Client
about in accordance with the procedure set herein;
In these Conditions the following terms shall, unless the
context otherwise requires, have the following meanings
and may be used in the singular or plural as appropriate.
“Contract” A set of documents including these Conditions of
Business, all amendments, supplements and schedules
thereof and the Client’s Application with all the annexes and
supplements thereof;
1. Interpretation
definitions
of
terms,
abbreviations
2. Abbreviations, definitions and terms
“Account/Accounts” FI accounts opened by the Client;
“API” means an application program interface which allows
the Client to access the ETP;
“Application” The Client’s Application for conclusion of the
Contract on rendering services on the financial market and
the documents enclosed to such Application, if any. The
Application form is available on the Forex4pro’s Homepage;
“Assets” Money and FIs owned by the Client;
“Authorisation” The integrity of Means and actions under
the Contract (Passwords, manual signature, etc.) that, if
used appropriately, serve as a basis for the relevant
identification data or derived data being used by the Client
ensuring in his/its turn that only a person authorised as a
Client may carry out any actions under the Contract and
receive the services under the Contract;
“Authorised Person” One or more persons authorised by
the Client in accordance with the Conditions to manage the
Accounts and the Assets available therein;
“Base currency” shall be the reference currency agreed by
the Client and Forex4pro before opening a particular
Account with Forex4pro;
“ETP” shall refer to the software / hardware complex
accessible through the website of the Forex4pro, including
all programs and access points enabling the Client to
perform access to Forex4pro’s Services (namely trading the
FIs), such as the electronic trading platform (-s) that may be
used by the Client via remote Internet connection to submit
Orders and to conclude Transactions, API, etc The Client
may use more than one electronic trading platform;
“ETP Access Password” A Password issued to the Client by
the Forex4pro for access to ETP (including by email);
“Financial instrument/ -s” (hereinafter – “FI”/ “FIs”) shall
mean any financial instrument offered by Forex4pro to the
Client for the trading;
“FI Transaction” A transaction executed pursuant to the
Order submitted by the Client to the Forex4pro and with the
agency of the Forex4pro, at the expense of the Client and in
accordance with the Client Order;
”Forex4pro” E-Global Trade & Finance Group, Inc., British
Virgin Islands company, registered office- First Floor,
Mandar House, Johnson's Ghut, P.O. Box 3257, Road Town,
Tortola, British Virgin Islands, company number – 1384287;
“Homepage” The Forex4pro’s Homepage on the Internet
www.forex4pro.com;
“Business Day” a day on which banks are generally opened
for business in BVI;
“Liquidity” shall mean the ability to sell or buy any
particular amount of currencies or any other instruments;
“Client” A legal entity or an individual having entered into
the Contract with the Forex4pro;
“BVI” British Virgin Islands;
“Client ID (CID)” A client identification number assigned by
the Forex4pro to the Client for the Client identification in
the Forex4pro’s internal accounting system.
“Commission” The Commission paid by the Client to the
Forex4pro for the services provided by the Forex4pro, as
specified in the Pricelist or agreed specifically between the
Forex4pro and the Client;
“Communication” shall mean instructions, orders,
documents, logs, trading activity and any other information
intended to be addressed to a party by the other;
“Conditions” This binding document consisting of the
Conditions of Business, as well as any amendments or
“Margin Call” shall mean a fixation of situation when
margin requirements do not allow the Client to increase the
total open exposure on his account;
“Margin Cut” shall mean a fixation of situation when
margin requirements force the Forex4pro to close part of
the Client's positions or to execute a trade (margin cut
trade) for the Client as to reduce the accounts exposure;
“Market Rules” shall mean the rules, regulations, customs
and practices of any exchange organisation, clearing house
or market(place) involved in the conclusion, execution or
settlement of a transaction ordered by, or to be carried out
on behalf of, the Client and any exercise by any such
exchange organisation, clearing house or market of any
power or authority conferred to it.
PART II. GENERAL TRADING AGREEMENT – CONDITIONS OF BUSINESS
Page 1 of 14
“Means of Communication” Telephone, email, ETP,
Corporate chat on the Forex4pro’s Homepage and other
Means of Communication agreed between the Client and the
Forex4pro and specified by the Client in his/her/its
questionnaire or provided by the Client to the Forex4pro in
writing in accordance with the Conditions;
Terms defined herein shall have the same meaning in any
and all other documents related to the opening of the
Client’s Accounts with the Forex4pro and deemed to be part
of the parties Contract, except if otherwise specified in the
relevant document.
“Order” An Order for a specific Transaction submitted by
the Client to the Forex4pro in person or with the help of the
Means of Communication. At the same time, the Order is
considered as the Client’s authorisation for the Forex4pro
to make the relevant credit/debit operations in the Client
Account as required to execute the Transaction, as well as to
make a note regarding the Margin as appropriate;
References to persons shall include individuals, corporate
bodies, unincorporated associations, partner-ships and any
other entities. Words denoting a gender shall include all
other genders. References to a Section or Sections shall be
deemed references to the respective section(s) or clause(s)
of these Conditions. Headings and notes herein are for
reference only and shall not affect the construction and
interpretation of the Contract.
“Party/Parties” The Forex4pro and/or the Client;
3.
“Password” A combination of symbols chosen by the Client
or generated by the Forex4pro, which is used for the Client
Authentication in cases and in accordance with the
procedure set forth in the Contract, including the Telephone
Password and ETP Access password;
These Conditions set forth the relations between the
Forex4pro and the Client, the rights and obligations of the
Parties, when the Client receives the Services, unless the
Forex4pro and the Client have agreed otherwise in addition.
“Pricelist” The Forex4pro’s pricelist applicable at the
moment when the relevant Transaction is concluded and
available to the Client in the relevant sections of its
Homepage or as the respective Annex to this Contract;
“Services” Any services provided by the Forex4pro to the
Client under the Contract;
“Statement” An Account Statement prepared in accordance
with the procedure set forth in the applicable legal
enactments, which is issued by the Forex4pro to the Client
at the latter’s request or in accordance with the provisions
of the Conditions;
“Telephone Password” A secret code used by the
Forex4pro for the Client Authorization on the telephone;
“Trading line” shall mean an overall exposure limit for the
transactions to be executed for the account of the Client,
where “exposure” shall mean the total amount of each
particular currency owned or due by the Client in its
relation to the Forex4pro, as determined by the Forex4pro
taking into account the funds prepaid by the Client in the
base currency and the leverage factor determined by the
Forex4pro, if any;
“Transaction” A transaction whose execution is ensured by
the Forex4pro for the Client under the Contract;
“Username” The Client’s username (e.g., login, account
number, other type of credential authorisation, etc.) in the
ETP;
“Working Hours” Working hours on the days set as
business days when the Forex4pro services Clients.
Information on the Forex4pro’s Working Hours is published
on the Homepage.
Application of the Conditions
The Conditions are considered to be an integral part of the
Contract, as well as an integral part of any other
contract/agreement entered into between the Parties,
where the subject of the Contract is any of the Forex4pro’s
services mentioned in the Conditions.
The Forex4pro is entitled from time to time to make
amendments to the Conditions unilaterally upon 30 days
prior notice to the Client placed on the Homepage or sent by
the Means of communication. The Client undertakes to
consult and review regularly Forex4pro’s Homepage, in
order to be timely informed about any changes in respect of
those conditions and the Services in particular. Unless the
Forex4pro receives the Client’s objections regarding
amendments to the Conditions by the date when the
amendments take effect, the Client is considered to agree to
the amendments. In cases where the Forex4pro receives the
Client’s objections and the Parties cannot agree, the
Forex4pro is entitled to terminate the Contract unilaterally.
Relations between the Parties that are not regulated by
these Conditions are regulated in accordance with effective
legal enactments and in compliance with the generally
accepted practice of financial markets. Foreign legal
enactments are applied to the extent that they impact on
provision of the Services and execution of FI Transactions.
The Client is aware that in execution of FI Transactions the
Forex4pro’s operations may be regulated by foreign legal
enactments, conditions of the regulators of the relevant
financial markets and other conditions. No actions
performed by the Forex4pro in accordance with the above
conditions may be considered as infringements of the terms
of the Transaction or provisions of the Contract and may
not entitle the Forex4pro to indemnify the Client for any
losses caused by such actions, except in case of wilful
misconduct or gross negligence.
PART II. GENERAL TRADING AGREEMENT – CONDITIONS OF BUSINESS
Page 2 of 14
In cases where any provision of the Conditions becomes
invalid or fails to comply with the requirements under legal
enactments of the relevant jurisdiction due to any
amendments to the relevant legal enactments, this does not
affect the lawfulness, applicability or validity of the other
provisions of the Conditions in accordance with the laws of
the applicable jurisdiction, and the invalid provisions are
considered to be deleted.

In cases where the Client uses ETP – the
Authorisation is performed by means of the
Username and Password.

In cases where the Client uses a fax or e-mail – the
Forex4pro verifies the Client’s identity in
accordance with the CID and information specified
in the Application.
4. Entering into the Contract
6. Authority and Authorised Persons
In order to receive the Services, the Client concludes a
Contract with the Forex4pro. The Contract may be entered
into, only provided the Client has access to the Internet. By
entering into the Contract, the Client confirms that he/it has
access to the Internet and that the Client has agreed to
receive information via the Internet.
The Client is entitled to authorise a third party to receive
the Service on behalf of the Client, including conclusion of
Transactions, giving Orders and providing information.
Such authorisation is granted by accepting the public offer
of the potential authorised person and/or issuing a written
power of attorney, whichever the Forex4pro accepts as
appropriate.
Before the Contract is entered into, the Client is to examine
the provisions of the Conditions. Entering into this Contract
and the Client’s signature or Client’s confirmation during
registration process on the Forex4pro’s Homepage on any
of the Forex4pro’s relevant documents related to the
Contract certify that the Client has examined the Conditions
in full, agrees to them and recognises the liabilities
thereunder as binding.
The Contract with the Client is considered to be entered
into after the Client has submitted his/its Application to the
Forex4pro and the Forex4pro has accepted it. After the
Contract is entered into, all contracts/agreements and other
arrangements entered into between the Forex4pro and the
Client earlier, including mutual correspondence related to
the subject of the Contract and the matters stipulated in the
Contract, are null and void.
The Forex4pro is entitled, without specifying its reasons, to
refuse to enter into the Contract with the Client and/or to
provide specific Services.
5. Client Authorisation
Each time before the Service is provided, inter alia before
the Order is accepted, the Forex4pro performs the Client
Authorisation.
The following
authorisation:

methods
are
used
for
the
Client
The Forex4pro is entitled to refuse to provide the Services
to the Client, if the authorisation is granted with any
infringement of or failure to satisfy the provisions of the
Conditions, or else the Forex4pro has any doubts regarding
validity of the authorisation.
The Forex4pro is entitled to verify execution of the
authorisation, however the Forex4pro is not obliged to
verify validity of the authorisation, including the fact of its
revocation.
All actions performed by the Client’s Authorised Persons
and representatives are binding upon the Client and shall be
considered to be performed by the Client.
7. Conflict of interests
The Client is aware that Contracts or Transactions may be
concluded between the Forex4pro and the Counterparties
and the result of their fulfilment may be important for
Transactions concluded between the Forex4pro and the
Client.
Neither Party undertakes any act or engagement in any act
that fails to conform to the fair financial market practice or
seek to alter, distort or otherwise manipulate the relevant
underlying market in relation to the Transaction under the
Conditions.
8. Holding the Client’s and the Forex4pro’s Assets
In cases where the Client uses the telephone – the
Forex4pro verifies the Client’s identity by using
the Telephone Password. Giving the Telephone
Password the Client is considered to provide
his/its Identification data, as well as his/its
Account numbers. The Telephone Password given
during the telephone call certifies that the person
giving such Telephone Password is authorised to
give the Order and to conclude Transactions on
behalf and in favour of the Client and to represent
the Client in relation to the Contract.
The Forex4pro ensures holding of the Client’s Assets in the
Forex4pro’s accounts or Forex4pro’s nominal accounts
opened with its Counterparties. The Client’s assets are held
separately from the assets of the Forex4pro.
The Forex4pro ensures holding of the Client’s Assets
together with the assets owned by other clients of the
Forex4pro, providing however that the Forex4pro may
identify the Assets owned by the Client at any time.
9. Means of Communication, exchange of information
and confidentiality
PART II. GENERAL TRADING AGREEMENT – CONDITIONS OF BUSINESS
Page 3 of 14
The Forex4pro provides information to the Clients by
placing it on the Homepage, unless provided otherwise
under the Conditions or by agreement between the Parties.
The Parties may also use Means of Communication to
exchange information, to submit Orders and to execute
Transactions. The Forex4pro may send information for the
Client to the address specified in the Application or notified
by the Client subsequently in writing, or with the Means of
Communication specified by the Client being used.
Any information is considered to be sent to the Client and
received by the Client from the moment when it is sent to
the Client with the Means of Communication being used, or
delivered to the Client in person, or placed on the
Homepage.
Any information sent for the Client to the postal address is
considered to be received on the 10th calendar day after the
date of sending. The date of sending is determined in
accordance with the postmark, or else the date when the
letter was submitted to the courier service is considered as
the date of sending.
The Client undertakes to ensure that the Forex4pro, using
the Means of Communication specified by the Client, should
be able to contact the Client at any time. The Forex4pro is
not responsible for the Client’s losses in cases where the
Forex4pro has tried to contact the Client using the Means of
Communication specified by the Client, and the Client was
out of reach.
The Forex4pro shall record and/or protocol all telephone
conversations, Internet exchanges (chats), e-mails and
meetings between the Client and the Forex4pro at its
discretion, and, unless prohibited by law and subject to the
professional secrecy requirements to which Forex4pro is
subject, may use such recordings or transcripts of such
recordings as evidence vis-à-vis any party to whom the
Forex4pro deems it desirable or necessary to disclose such
information in the course of any dispute or anticipated
dispute involving the Forex4pro and/or the Client. The
Client may not nonetheless rely on the availability of such
recordings.
Neither party shall disclose to any person (unless required
to do so by any applicable law or by any regulatory or
supervisory authority or by any other person entitled by
law to require such disclosure) any information relating to
the business, investments, finances or other matters of
confidential nature of the other party which it may in the
course of its duties or otherwise become aware of, and each
party shall use all reasonable endeavours to prevent any
such disclosure. By adhering to these Conditions, the Client
authorises the Forex4pro to disclose such information
relating to the Client as may be required by any applicable
law, including any applicable Market Rules, without prior
notice to the Client.
Unless the Parties have specifically agreed otherwise, the
Forex4pro performs transportation (dispatch, delivery) of
any documents and other value at the Client’s expense and
with the Client undertaking all related risks.
The Client undertakes responsibility for the conformity,
precision and authenticity of any information or documents
provided to the Forex4pro.
The Client and the Forex4pro are entitled to use various
means of communication, such as telephone, fax, e-mail,
internet, application programming interface (API), and
other similar technological solutions for Communications
purposes. By sending and receiving Communications to and
from the Forex4pro through any of these communication
means, the client acknowledges and agrees that he may be
exposed to inherent risks such as, without limitation, the
failure of hardware, software and communications
infrastructure (including the Internet). The content of
Communications may be altered, not reach their intended
recipient or do so much later than intended due to reasons
outside the control of the parties, or may be duplicated,
disseminated or intercepted by unauthorized parties,
and/or reach other persons than the intended recipients.
Telecommunication operators may restrict certain services
and/or not accept or restrict the transfer of certain data. As
a result of any system unavailability, failure or other
disruption, orders may either be not executed according to
the Client’s instructions or not be executed at all, or may not
be placed or amended. Errors, disruptions, unavailability of
the means of communication or delays in the transmission
may affect trading accordingly. The Client acknowledges all
risks
described
above
and
all
similar
risks
(“Telecommunications Risks”) and agrees to use the
means of telecommunication at his own risk and of his own
volition, assuming full responsibility. The Client confirms
that he understands and assumes the risks inherent to the
use of ETP, programming tools and other electronic
communication tools.
The Client releases the Forex4pro from any liability, in
contract or in tort, with regards to any disruption of
Communications arising from the materialization of
Telecommunications Risks and other risks and
circumstances envisaged in the paragraph above. The
Forex4pro shall not be liable for any direct, indirect,
incidental or implied consequences for the Client or any
third party attributable to Telecommunications Risks.
Under no circumstances will the Forex4pro be liable for lost
profit. The Forex4pro does not warrant that it will be able
to maintain a continuous, uninterrupted link with the
Internet, and may not be held liable therefor.
10. Quotation, terminology
Before any Order is submitted and any Transaction is
concluded, the Client may request information, for example,
about the currency rate/Quotation, FI quotations and
possible trends. Such information serves as an indication
PART II. GENERAL TRADING AGREEMENT – CONDITIONS OF BUSINESS
Page 4 of 14
only and in no case may be considered as an advice or
recommendation given by the Forex4pro. Under the
Contract, the Forex4pro does not give any investment
advice, recommendations about the FI purchase or sale or
any other transactions, tax advice or legal advice to the
Client. No information or explanations provided by the
Forex4pro on the terms of the Transaction in FIs may be
considered as a consultation, recommendation or advice to
conclude such Transaction in FIs (or commodity).
ETP software, as well as undertakes not to perform any acts
that hinder or may hinder ETP functioning.
The Client expressly confirms that he/it is fully aware of
and understands the generally accepted terminology of
financial markets used in relation to the services received
and the Transaction concluded, including FI Transactions.
The Forex4pro is entitled at its own discretion to limit:
The Client undertakes not to allow virus infection of ETP
and undertakes to install the relevant antivirus protection
components in his/its computer used for connection to ETP.
The Forex4pro is entitled to terminate, suspend or limit ETP
use, to change its functionality, to enter or delete the FIs
available to the Client in ETP in/from it at any time.

the Client’s rights to use ETP;

the FI list available to the Client in ETP;
11. Passwords

The Client keeps his/its Passwords confidential and
undertakes not to transfer them to any third parties.
the value and amount of the Transaction executed
via ETP;

the number and value of Orders and Transactions
given/concluded during one Business Day;

the value of the Client’s Open Positions;

other parameters accessible in ETP.
During registration process the Client creates a Password(s) otherwise the Forex4pro assigns temporary Password(-s)
to the Client, which the Client must change on the first login
attempt.
In cases where the Client has any doubts or learns about the
Password(-s) becoming known to any unauthorised
persons, the Client undertakes to notify the Forex4pro
accordingly and to change Password(-s) using the
Forex4pro’s homepage immediately. The Client undertakes
full responsibility for any Orders given on behalf of the
Client, which are submitted with the previous Password
being used, within 2 (two) business days of the Forex4pro
after the date when the Forex4pro receives the Order for
assigning a new Password.
12. Electronic Trading Platform
Receiving the Services, the Client may use ETP. When the
Client uses ETP, the Forex4pro does not guarantee that the
best result will be achieved in terms of the price. All Orders
given via ETP and the Transaction concluded therein are
considered as Orders containing a specific instruction.
If required, for connection to ETP and/or its installation, the
Forex4pro provides ETP software to the Client or else the
Client chooses it independently from the Internet website
specified by the Forex4pro, the Client installing the
software in his/its computer independently.
The Forex4pro undertakes no responsibility for the
software configuration required to connect to ETP or for
possible configuration or installation errors regarding the
Client’s software that may arise or have arisen as a result of
ETP installation.
The Client undertakes not to allow deletion, alteration or
modification of ETP software text, or to allow its
reproduction or decomposition, or unauthorised copying of
ETP or distribution of any application components used in
To execute Transactions in ETP, the relevant FI account is
opened for the Client in such ETP.
The Forex4pro transfers the Client’s Assets available in ETP
to/from the Client FI account in accordance with the Client
Order. The Client is aware that specific time may be
required to credit the relevant Assets.
The Client is aware that the confirmation of the transaction
execution in ETP provided by ETP may not be considered as
an official document that confirms that the Transaction is
concluded/executed or the Order is executed.
In cases of disputes, however subject to professional
secrecy requirements to Forex4pro is subject, any print-out,
log files and other information received from ETP may be
used as an evidence in resolving any disputes, inter alia in
court.
The Client undertakes full responsibility for the Orders and
other information provided thereby in ETP, including in
cases where it was impossible to revoke or cancel such
information, and where the relevant Order has been
executed.
The Client is to monitor his/its Order execution in ETP in all
cases. In cases where any doubts or errors are identified,
the Client is to contact and notify the Forex4pro accordingly
immediately. The Forex4pro is not responsible for any
errors or faults in ETP operation.
In cases where ETP is not accessible for any reasons, the
Client may use other Means of Communication, including
the telephone, to receive the Service. In such cases the
Forex4pro may request that the Client should give the
Client’s ETP Username and make the relevant Order in ETP
in the Client FI account. The Client’s acts under the
PART II. GENERAL TRADING AGREEMENT – CONDITIONS OF BUSINESS
Page 5 of 14
provisions of this clause are considered as the Client’s
authorisation for the Forex4pro to perform such actions.
14. Provisions of Executing Orders for FI Transactions
The Client is not entitled to use the quotations provided in
ETP or any other information received via ETP, except for
conclusion of Transactions in the ETP. The Client is not
entitled to make information mentioned in this clause
known to any third parties in any way; inter alia he/it is not
entitled to express any offer to any third parties to conclude
any transactions with the Client on the basis of information
received from ETP.
The Forex4pro executes the Client Orders and concludes
Transactions, only provided the Client Authorisation
performed in accordance with the procedure set forth in the
Conditions is successful.
13. Client Accounts. Crediting and debiting the Assets
To keep accounts of the Client’s FI and to provide the
Services, the Forex4pro opens for the Client FI Accounts
required to provide the relevant Service. The Client’s
Application is considered as the authorisation to open the
required Account given by the Client.
In accordance with the Client Order, the Forex4pro may
open several FI Accounts of one type for the Client.
The Forex4pro is entitled to hold the Client’s FIs and cash
with the Parties.
The Forex4pro transfers Assets only to the Client Accounts
specified in the Payment Instructions. The Forex4pro does
not accept funds and does not send funds to thirds parties.
The Client, upon a written notice of 48 hours to the
Forex4pro, is entitled to notify the Forex4pro about changes
in his/its Payment Instructions. However, the Forex4pro
has a right not to accept such changed instructions in a case
of beneficiary name change and/or beneficiary bank change
or in other cases.
The liabilities arising as a result of any credit advanced to
the Client, as well as in cases where the Client has any debt
to the Forex4pro are recorded as a negative balance in the
Client Accounts in the relevant currency. In cases where the
Client has any debt to the Forex4pro in one currency and
funds in a different currency are available in the relevant
Account, the Forex4pro is entitled at its own discretion to
make the relevant Exchange and to repay the Client’s debt.
The Forex4pro transfers Assets only in accordance with the
Client Order. The Client is aware that some countries have
specific regulations regarding Assets holding, as well as
Assets transfer to the account holder specified by the Client
may be impossible under the legal enactments of such
countries. In such cases the Forex4pro is entitled at its own
discretion to make relevant Exchange and transfer the
receipts of such Exchange to accounts specified in the
Client’s Payment Instructions.
The Forex4pro is entitled, without acceptance by the Client,
to make corrections in the Account entries, provided such
entries have been made as a result of any error or technical
fault.
and concluding FI Transactions
The Client submits Orders to the Forex4pro in person or
using the Means of Communication. Orders may be
submitted and Transactions may be concluded during the
Forex4pro’s Working Hours or beyond the Forex4pro’s
Working Hours, in accordance with the specific Transaction
to be concluded and the working hours of financial markets
where the FIs that are the subject of the relevant
Transaction are traded. The Client is to submit precise, clear
and unambiguous requests, executing them in accordance
with the Conditions and other reasonable requirements of
the Forex4pro.
The Forex4pro may refuse to accept the Client Orders,
without specifying its reasons.
The Client may revoke his/its Order only with the
Forex4pro’s consent, provided the Forex4pro has not closed
the FI Transaction specified in the Order with the
Forex4pro’s Counterparty. The Client is to submit to the
Forex4pro the relevant Order for cancellation of the earlier
Order.
15. Transaction Confirmations and Statements
Within 1 (one) business day after the FI Transaction
specified in the Order is concluded or the Order is executed
the Forex4pro prepares and, using the Means of
Communication, sends the transaction confirmation to the
Client, unless these Conditions provide for a different
procedure.
The written Transaction Confirmation received from the
Forex4pro may only be considered as an official
confirmation of the Order execution or of concluding the
Transaction. The Client may not refer to any documents
received from ETP.
16. Commission
For the Services received, the Client pays to the Forex4pro a
Commission specified in the Pricelist. The Commission for
the FI Transaction is deducted in the currency the FI
Transaction is concluded in, and that for other services – in
the base currency of the account.
In cases where the Order is executed in parts, the Forex4pro
is entitled to deduct the full Commission for each of such
parts.
The Client also indemnifies the Forex4pro for all actual
expenses related to fulfilment of the Contract, including
those related to the Order execution or cancellation, unless
specified separately in the Pricelist.
PART II. GENERAL TRADING AGREEMENT – CONDITIONS OF BUSINESS
Page 6 of 14
The Forex4pro is entitled, without any additional Order of
the Client, to deduct the Commission from the Accounts.
17. Taxes
The Forex4pro is not responsible for any tax payments to be
made by the Client in relation to the Services provided. The
Client ensures independently the payment of duties and
taxes payable during fulfilment of the Contract, the
Forex4pro not being obliged to deduct or pay them. The
Client undertakes, at the Forex4pro’s request, to submit
documents that certify that such taxes and duties have been
paid.
18. Events of default and sale of the Margin or other

For any errors or faults caused by ETP;

For the Client’s losses incurred due to any changes
of the FI market value or occurrence of any risks
related to FIs and/or the Services the Client was
informed about or the Client was to be aware
about and to evaluate, taking into account his/its
experience and knowledge;

For the Client’s losses or costs incurred by the
Client due to the Forex4pro exercising its rights
under the Contract;

For any transactions in the Client’s Assets
executed in accordance with Orders or other
documents that are forged or otherwise executed
inappropriately, provided the Forex4pro, in
accordance with the procedure set forth in the
Conditions,
has
authorised
the
Person
submitting/sending such documents as a Client;

In cases where the Passwords are used by persons
who are not authorised for such purpose;

In other cases set forth in the Conditions.
Assets of the Client
In cases where the Client fails to fulfil his/its liabilities to
the Forex4pro, the Forex4pro is entitled unilaterally,
without the Client Order, to deduct/transfer the amount
required to fulfil the Client’s liabilities, including the
principal amount, the relevant interest, the Commission
and/or the default penalty from any of the Client Accounts.
The Forex4pro is entitled unilaterally, without the Client
Order, to sell at the market price the FIs available in the
Client FI Account or to close the Client’s open positions as
specified in the Conditions below.
19. Liability of the Parties, indemnity
The Parties are obliged to indemnify each other for losses
inflicted thereby.
The Parties are fully liable for the fulfilment of their
liabilities and obligations under the Contract.
Provided the Forex4pro has fulfilled its obligations and
liabilities under this Contract and the applicable legal
enactments appropriately, the Forex4pro is not liable,
except for wilful misconduct and gross negligence:




For any losses or expenses incurred by the Client
through the Counterparty’s fault, including in
cases where the Counterparty fails to execute the
Forex4pro’s legally justified orders for the
execution of transactions in the Client’s Assets;
For any infringements in settlements for FI
Transactions, including FI transfers, or failure to
make them, if caused by any default by the
Counterparty, the Client or third parties;
For any losses or expenses incurred as a result of
any action or omission (including fraud,
inappropriate FI and/or cash accounting) by the
Counterparty, whose services are used by the
Forex4pro to hold FIs;
For the Client’s losses or expenses that may be
incurred as a result of the application of foreign
legal enactments and market practice;
The Client shall indemnify and keep the Forex4pro
indemnified against all losses, taxes, expenses, costs and
liabilities whatsoever (present, future, contingent or
otherwise, and including reasonable legal fees) which may
be suffered or incurred by the Forex4pro as a result of or in
connection with:

any breach of these Conditions by the Client;

the Forex4pro entering into any transaction for
the account of the Client hereunder;

the Forex4pro taking any of the steps which it is
entitled to take upon the occurrence of an event of
default, unless and only to the extent that such
losses, taxes, expenses, costs and liabilities are
suffered or incurred as a result of the Forex4pro’s
gross negligence or wilful default.
These indemnities shall be in addition to any other right,
indemnity or claim which the Forex4pro may have under
these Conditions or general law and shall not be affected by
any variation or limitation of these Conditions.
This Section shall survive any termination of the
relationship with the Client.
20. Force majeure
The Parties are not liable for failure to perform its’
obligations in full or partially if this is due to:

Force majeure, including, but not limited to, acts of
God, fire, hostilities, acts of terrorists, insurgency,
strikes and other similar actions or events that are
PART II. GENERAL TRADING AGREEMENT – CONDITIONS OF BUSINESS
Page 7 of 14
beyond the Parties’ control and could not be
foreseen or prevented by the Parties;

Decisions of legislative and/or executive
institutions and central (national) banks, including
foreign ones, inter alia in the area of currency
regulation and the exchange operations.
The occurrence of the circumstances specified above is not
considered as grounds for the Forex4pro’s or the Client’s
default arising before such circumstances occur, including
their debt liabilities.
21. Procedure of filing complaints with the Forex4pro
and Dispute Resolution
The Client shall communicate any complaint in writing to
the Forex4pro.
By signing the Application, the Client expressly confirms
that he/she/it has sufficient knowledge and experience to
be able to make assessment of and undertake the risks
related to the Investment Services received as well as to
access the appropriateness and suitability of the received
Investment Services. The risk description is available at the
Forex4pro’s Homepage.
The Client also hereby acknowledges that it was duly
informed about its client classification (private client,
professional client or eligible counterparty), accepted it and
agreed with all the legal and financial consequences arising
thereof.
23. Client’s representations
The Client represents that:

The Client is fully entitled to conclude this
Contract and to execute Transactions hereunder,
and that no legal enactments applicable to the
Client are violated as a result of concluding the
Contract;

The Client’s acting and legal capacity is not limited
as at the moment when the Contract and the
Transaction are concluded;
The Forex4pro examines a complaint filed by the individual
Client and gives its reply not later than within 10 Business
Days from the date when such complaint is received, and
examines a complaint of the Client being a legal entity and
gives its reply not later than within 30 Business Days from
the date when such complaint is received.

That, in respect of a legal entity, the Client has
fulfilled all prior corporate approvals for the
purpose of entering into the Contract and the
Transaction;

The Client’s funds have lawful origin;
The Client and the Forex4pro shall make every endeavour
to amicably resolve any dispute, in good faith and in a
constructive manner. The Client acknowledges and agrees
that threats and blackmailing towards the Forex4pro are
prohibited and constitute valid ground for interrupting
negotiations and for immediate termination of any business
relationship.

The Client will not use the Forex4pro’s Services
for any unlawful purposes, including the purpose
of money laundering.
The Client may file a written complaint with the Forex4pro
regarding any transactions recorded in the Client Accounts
within 10 (ten) Business Days after the relevant entry is
made in the Client Account. Unless any written complaints
are received from the Client by the deadline mentioned in
this clause, all entries and transactions made are deemed be
executed appropriately and the Client is deemed to have
accepted them.
Shall the Parties fail to amicable resolve any dispute,
controversy or claim, such dispute, controversy or claim
shall be finally resolved in the competent courts of BVI and
in accordance with the BVI laws.
Without prejudice to any other rights of the Forex4pro
under these Conditions, in case the parties are in a dispute
over a trading order, the Forex4pro shall be entitled at its
sole discretion and without any prior notice to take any and
all actions it reasonably believes to be desirable for the
purpose of limiting the maximum amount involved in the
dispute. The Forex4pro shall not be liable for, or be under
any obligation to the Client in connection with, any
subsequent fluctuations in the level of the exposure of the
accounts of the Client.
To the extent permitted by applicable law, the Client agrees
that the Forex4pro is entitled to process the data of the
individual Client, including requesting and receiving the
Client’s personal data from third parties and databases
established in accordance with the procedure set forth in
the legal enactments, if required, in the Forex4pro’s
opinion, to establish legal relations between the Forex4pro
and the Client or to secure fulfilment of the liabilities. The
Forex4pro is entitled to submit the Client’s personal data to
third parties, in order to perform the operations and fulfil
the liabilities under the Contract.
24. Validity and termination of the Contract
The Contract is concluded for an indefinite period of time.
Unless the Parties have any outstanding liabilities, either
Party is entitled to terminate the Contract unilaterally, by a
written notice of at least 15 (fifteen) calendar days to the
other Party about termination of the Contract.
22. Risks
PART II. GENERAL TRADING AGREEMENT – CONDITIONS OF BUSINESS
Page 8 of 14
The Forex4pro is entitled to terminate the Contract and all
Transactions concluded unilaterally without a notice, in
cases where:
binding on the parties and apply additionally to
these Conditions;

to compensate the Forex4pro for any and all fees,
taxes, losses, expenses, disbursements and
commissions incurred by the Forex4pro in
connection with the performance by the
Forex4pro of its duties under these Conditions;

to remunerate the Forex4pro’s Services as further
set out below; the commission policy as available
on the Forex4pro’s Homepage and as amended
from time to time is binding on the parties and
applies as an integral part of these Conditions;
The Forex4pro has any doubts that the Client’s
actions are related to money laundering or the
relevant attempts;

to pay any Forex4pro’s or money transfer fees
associated with any transfer, settlement or
movement of funds or assets on the Client’s behalf;
The Forex4pro has any doubts that the Client is
involved in unfair and/or manipulative
transactions.

to check on a regular basis his account statements
and trading history and records and immediately
notify the Forex4pro of any error or inconsistency
he may discover; any failure to do so within 48
hours after execution of a transaction shall be
deemed an irrevocable conclusive acceptance of
such transaction and the conditions of its
execution, the published account statements,
trading history and records by the Client.

The Client’s Assets balance in the Client Accounts
is equal to zero for 6 (six) months;

The Client fails to comply with or infringes any
provision of the Contract;

The Forex4pro has received a claim of any
competent authorities/officials for recovery of the
Client’s Assets or for encumbrance (attachment) of
the Client Accounts;


Upon termination of the Contract, the Forex4pro closes the
Client Accounts. The Forex4pro transfers the Client’s FIs (if
possible) to the account holder specified by the Client, and
credits the Client Account with his/its funds in accordance
with his/its Payment Instruction.
25. Scope of the Conditions
The Forex4pro shall allow the Client to access to the ETP
either on a manual or on a semi- or fully automatic trading
mode, including API where applicable.
If the client has been granted an API access to the ETP, the
Client has no right – except where anything agreed to the
contrary between the Parties – to:

offer, give, sell, disclose or disseminate in any
manner to any third party (other than its clients)
any data (including the Forex4pro price feed
and/or prices or any data derived therefrom)
accessible via the API;

provide access directly or indirectly to the API to
any third party;

allow access to the ETP to any third party.
The Client’s liability shall not be limited by the amount of
funds on his account or by the guaranties otherwise
provided by the Client to The Forex4pro.
27. The Forex4pro’s Obligations
The Forex4pro shall provide Forex4pro’s Services by
executing the Client’s Orders subject to the ability of the
Forex4pro to find appropriate Liquidity and to provide
execution over the ETP.
The Forex4pro shall further:

provide the Client with the agreed Trading Line
upon receipt of the initial transfer of the funds;

make all possible endeavours to execute the
Client’s Orders whereby the Client acknowledges,
recognizes and accepts that the Forex4pro cannot
and shall not guarantee the execution of the
Client’s orders and shall not be liable for any
failure in the execution process;

provide the Client with online history of the
transactions executed and with account
statements showing the multi-currency exposure
maintained for each of the Client’s accounts.
26. Client’s Obligations
The Client shall be obliged:

to provide the Forex4pro with the necessary initial
or subsequent assets for the granting of the
Trading Line by prepayment of the amount agreed
with the Forex4pro and in a currency acceptable
to it in the form of a “margin” deposit on the
Client’s account with the Forex4pro; the margin
requirements as available on the Forex4pro’s
Homepage and as amended from time to time are
28. Client’s Rights
The Client shall have the right:

to request from the Forex4pro his trading history
reports (which shall be available online on the ETP
PART II. GENERAL TRADING AGREEMENT – CONDITIONS OF BUSINESS
Page 9 of 14
and can be printed out, using the Client’s
Username and password at any time);

to request full or partial withdrawal of funds by
sending the withdrawal request form to the
Forex4pro, provided that all trading positions of
the Client are closed and the Forex4pro has
deducted all amounts due under these Conditions;
if some positions are still opened upon receipt of
the Client’s withdrawal order, the Forex4pro shall
be entitled to consider such withdrawal
instruction as an instruction to close all positions
either immediately or at such time the Forex4pro
deems acceptable.

to change spread amount and parameters of Limit
& Stop levels for orders for certain financial
instruments at night time and during periods of
low market volatility;

to decline services for the client, if his orders last
less than 2 minutes;

to increase the limit & stop level for Forex
instrument orders for up to 30 pips for the period
of release of important economic news. The level
changes take effect at least 15 minutes prior to the
news release time.

to cancel the orders and refuse services if:
29. The Forex4pro’s Rights

the number of orders in most of its
mass hedged by counter-orders
earlier than in 2 minutes;

Client's intentions directed only to
open / close trading orders using
old / not existing prices;

identified fraud attempts to make
profit using particularities of trading
conditions and trading equipment.
The Forex4pro shall have the right at its discretion:

to reject any order or instruction of the Client or
his authorised representative(s) namely – without
limitation – if the margin on the Client’s account is
not sufficient to ensure, in the Forex4pro’s sole
appreciation, the execution of the respective
transaction(s);

to cancel or adjust any transaction of the Client;

to close any open positions relative to the Client
account upon the reception of a withdrawal
request;

to close any open position if the Client has granted
a limited power of attorney to a third party to
trade on his/her behalf and if, whenever, for any
reasons, the Forex4pro ceases to accept
instructions from this third party;

to convert any monies deposited by the Client or
held by the Forex4pro for Client into such other
currency at such exchange rate it may freely select,
as often as the Forex4pro may deem necessary or
desirable to cover any of the Client’s obligations
and liabilities;


to offset at any time against each other the
balances of all accounts and subaccounts of the
Client regardless of the respective base currency
or to offset each balance individually or to
combine or consolidate all or any accounts and
subaccounts to set off any amount due by the
Client against any amount due to him/her by the
Forex4pro, at any time and irrespective whether
the amounts due by the Client are executable or
not and irrespective of the currency in which the
respective claims are denominated;
to charge fees in accordance with the
remuneration scales published on the Forex4pro’s
website and as amended from time to time
without prior notice to the Client;
Notwithstanding any other provision of these Conditions,
the Forex4pro shall be entitled to restrict access to, or to
impose limits, suspend, stop or cancel trading on the ETP
(including, without limitation, discontinuing the Client's use
of the API), either generally or in respect of particular
currency pairs, transactions or customers, or to discontinue
transmitting any or all information, or to refuse facilitating
or proceeding any or all transactions, or to refuse allowing
access to and use of the ETP, in the event that, at the
Forex4pro’s sole discretion, any of the following
circumstances occur:

Client’s margin account balance is insufficient to
keep open positions. In such case, the Forex4pro
has right, at its own discretion and without
limitation or notice to the Client, to decrease
exposure by applying its Margin Call and Margin
Cut
policy
that
involves
closing
of
exposures/positions and/or opening/cutting of
positions;

Full or partial failure of the ETP, including failure
of the technology constituting the ETP or any of
the Communications linked to the ETP or between
the ETP and the Client and/or any of the
Counterparties, or any other circumstance as a
result of which it is not practicable for the
Forex4pro to use the ETP;

Breach of security of the ETP;

Material breach by the Client of his obligations
under these Conditions or any other agreement
PART II. GENERAL TRADING AGREEMENT – CONDITIONS OF BUSINESS
Page 10 of 14
with the Forex4pro (including, without limitation,
the Account Opening Documentation);

Non-compliance by the Client with any applicable
laws;

Market conditions generally or conditions with
respect to a particular currency pair or a single
currency rendering it necessary or desirable, at
The Forex4pro’s sole discretion, to do so;

Absence of Liquidity or insufficient Liquidity on
the market.
In order for the Forex4pro to quote prices with the
swiftness normally associated with speculative trading, the
Forex4pro may have to rely on available price or other
information that may later prove to be faulty. In such case,
the Forex4pro may cancel or adjust the trade with the
Client, but shall do so within reasonable time and shall
provide the Client with a full explanation for the reason for
such cancellation.
The Forex4pro shall have its sole discretion and control
over, and the right to modify at any time the functionality of
the ETP (including, without limitation, the price feed(s)
thereon), configuration and content, including without
limitation: (a) the parameters and protocols by which the
trading orders are placed, routed, matched or otherwise
processed by the ETP; and (b) the availability of the ETP
with respect to particular currency pairs or transactions at
any particular time or location.
In the event of a joint account, the Forex4pro is entitled to
fulfil its obligations, in part or in their entirety, as may
apply, by performing them vis-à-vis one of the joint account
holders.
30. Trading Line
The legal and financial status of the funds on the Client's
account shall be considered as the prepayment for the
Trading Line granted to the Client by the Forex4pro.
The amount of the Trading Line shall be calculated by the
Forex4pro in the Base Currency, by multiplying the equity
on the Client’s account by the leverage granted to the Client
as determined by the Forex4pro.
The leverage provided to the Client by the Forex4pro shall
be subject to changes at the sole discretion of the
Forex4pro, according to the usual practice of the Forex4pro
considering market circumstances, the equity on the Client’s
account, the type of trading activity of the Client, the day of
the week, the holiday’s calendar and other factors.
The Forex4pro shall be entitled to use Clients’ equity on the
Forex4pro’s omnibus account to obtain from third parties
such trading lines that are necessary to provide the
corresponding Trading Line to the Client.
The Client shall be solely responsible for monitoring and
ensuring sufficiency of the prepaid Trading Line amount on
his account.
The Client agrees that the withdrawal of funds from the
account where there is a multi-currency exposure (i.e.,
while he uses the Trading Line) may result in full or partial
closure and settlement of certain and/or all positions in
different currencies. Therefore the Client authorises the
Forex4pro to partially or fully close at its full discretion any
and all multi-currency exposures of the Client in order to
proceed to instructed withdrawal.
31. Remuneration, Operational Premiums, Expenses
and Commissions
For the execution of the trading orders of the Client and the
maintaining of the Client’s multi-currency exposure and
margin account(s), the Forex4pro shall directly debit a
commission from the Client’s account(s). The commission
varies according to the type of operations performed by the
Forex4pro. Additional mark up may be charged to clients
having access to third party software or trading systems.
If commissions charged to the Client are not included in the
price of Forex4pro’s Services, the Forex4pro shall provide
online trading history statements mentioning details of the
trading operations, account balances and commissions
charged. Upon written Client’s request, the Forex4pro shall
provide online account statements where commissions are
included in the execution price of each transaction.
32. Use of the ETP and Client’s Instructions
The Client shall access the Forex4pro’s Services through the
ETP. Trading orders shall normally be passed by using the
facilities available on the respective interface. Alternatively,
the Client may give trading instructions to the Forex4pro by
phone namely if for any reason he is not able to get access
to the ETP.
The Forex4pro shall provide the Client with its Username
and Password to enable him to access the ETP. They allow
the Client to use the Forex4pro’s Services and to
communicate with and give instructions to the Forex4pro.
Anyone accessing the Forex4pro’s Services or instructing
the Forex4pro by Means of communication or by phone and
identifying himself through such identification codes shall
be deemed to be the Client or his authorised representative,
without any further clarification from the Forex4pro. The
Forex4pro remains however free to request additional
identification elements at any time to verify the Client’s
identity.
The Client acknowledges the electronic nature of the ETP
which shall be provided strictly on “AS IS” and “WITH ALL
ITS FAULTS” basis.
The Forex4pro may provide the Client with or allow the
Client to make use of certain programming tools to facilitate
PART II. GENERAL TRADING AGREEMENT – CONDITIONS OF BUSINESS
Page 11 of 14
the planning of the trading activity of the Client. Such tools
shall be provided on an “AS IS” and “WITH ALL ITS FAULTS”
basis. All technical facilities of planning the trading orders
shall be provided exclusively for the convenience of the
Client at the sole discretion of the Forex4pro, and shall be
used by the Client at its own risk and costs.

The Client acknowledges that there are risks associated to
the use of the ETP and of other electronic communication
tools, has read and releases the Forex4pro from any liability
on whatsoever ground in that respect.
is in compliance with all laws to which he is
subject, including, without limitation, all tax laws
and regulations, exchange control requirements
and registration requirements;

is not under any legal disability and is not subject
to any law or regulation which would prevent him
to enter into and perform all his obligations under
the Conditions or any provisions thereof; and

The information provided by the Client to The
Forex4pro is complete, accurate and not
misleading in any material respect.
To be considered as valid, each Order has to be both
received and confirmed by the Forex4pro. The Forex4pro
shall, as applicable, confirm Orders received in writing, by
e-mail or by phone. The execution of an Order means
confirmation of it. Any unconfirmed orders are considered
as null and void.
The Forex4pro reserves its discretionary right not to
execute Client’s instructions and to request a written
confirmation in original prior to proceeding. The Forex4pro
shall have no liability whatsoever towards the Client or any
person arising from such refusal to execute the Client’s
instructions.
Should the Client wish to withdraw all or part of his funds
deposited with the Forex4pro and/or close his account(s),
he shall use the “Withdrawal of funds / Closing of account
request” form, as available on the Forex4pro’s Homepage in
Account management – online reports section, duly
completed. The Client shall further be responsible for
ensuring that the Forex4pro has received such form, by
contacting the Forex4pro (e.g. by phone).
If the Client’s account is a joint account, the holders of that
account shall be jointly and severally liable. This
notwithstanding, the Forex4pro may act upon instructions
received from any of them.
transactions to be carried on with respect to those
products and of and is familiar with the
regulations of the relevant markets, transactions
and products;
The Client shall inform the Forex4pro of any restrictions
applicable to him. The Client acknowledges, recognises and
understands that he alone shall be liable for any
consequences that may result from failing to provide the
Forex4pro with such information.
The above warranties and representations shall be deemed
to be repeated in the future, for the duration of the Client’s
relationship with the Forex4pro, each time the Client
and/or his authorised representative(s) accesses to the
Forex4pro’s Services.
35. Risk Disclosure and Acknowledgement
The Client acknowledges, recognises and understands that
trading on margin:

is highly speculative;

exposes the financial situation of the Client to a
very high degree of volatility which may cause
very substantial movements in the level of the
Client’s multi-currency exposure;

may involve an extremely high degree of financial
risk which may cause losses in excess of the
amount of equity prepaid by the Client;

is appropriate only for persons who, if using a
Trading Line or trade on a NOP (net open
position) limit or using any form of leverage, can
assume risk of loss in excess of the prepaid equity.
33. Third Party Platforms and Third Party Trading
Software
The Forex4pro is not liable for any third party trading and
advisory software and/or solutions or systems by which the
Client can trade and/or can be assisted in making
investment decisions. Nor is the Forex4pro liable for the
application, implementation and correct functioning of any
third party algorithms available on the market and strategy
programming services available to automate or to help the
Client’s trading activity.
34. Client’s Warranties & Representations
The Client warrants and represents that he/she/it:

is carrying out and will at any time carry out all
transactions on the ETP on a well-thought-out
basis and not as gambling;

has adequate and sufficient knowledge and
understanding of the FIs markets and of the
The Client acknowledges, recognises and understands that
this Section does not describe all risks relating to the
execution and holding of transactions, and confirms that he
has the capacity to assess and understand (either by himself
or with the advice of his own financial, legal and/or tax
advisors) the risks associated with such transactions. The
brochure “Risks in Margin Trading” has been made
available to the Client on the Forex4pro’s Homepage.
The Client acknowledges, recognises and accepts that:
PART II. GENERAL TRADING AGREEMENT – CONDITIONS OF BUSINESS
Page 12 of 14

He is willing and able, financially and otherwise, to
assume the risk of trading in speculative
investments;

When the Client enters into any transaction
related to Forex4pro’s Services, any profit or loss
arising as a result of a fluctuation on market will
be entirely for the Client’s account and risk;

All the Client’s investment decisions will be based
solely on his own evaluation of the market, his
financial circumstances and investment objectives;
the Client agrees not to hold the Forex4pro liable
for any trading losses or other damages or losses
incurred by the Client;




The ongoing maintenance of multi-currency
exposure may expose the Client to increased risks
of losses and may increase significantly the
amount of the losses that may be suffered by the
Client in connection with a particular transaction
executed within the scope of the Forex4pro’s
Services; the Client agrees not to hold the
Forex4pro liable for losses incurred as a
consequence of the Forex4pro maintaining such
multi-currency exposure or otherwise holding the
Client’s account;
Market Rules and/or significant imbalance of
supply and demand and/or lack of Liquidity may
result in the temporary impossibility to carry out,
buy or sell orders and, consequently, to wind up
positions that the Client wishes to liquidate, or
that the Client may have decided to liquidate due
to insufficient amount of the prepaid Trading Line.
The Client is fully aware of the significant losses he
may suffer due to those factors, among others;
to have been made solely by the Client or his authorised
representative(s), for which the Client shall bear full and
exclusive responsibility. The Client releases The Forex4pro
from any liability on whatsoever ground, should the Client’s
trades and/or investments fail to achieve a performance in
line with the Client’s expectations or show a negative
performance.
36. Exclusion and Limitation of Liability
The Client agrees not to hold the Forex4pro or any of its
officers, directors, employees, agents, subsidiaries or
affiliates liable for any trading losses or other losses that
may be incurred by the Client or his attorney(s), except in
case of wilful default or gross negligence. The Forex4pro
shall in particular not be liable for any loss of any kind
suffered or incurred by the Client (i) as a result of the
Forex4pro’s negligence, (ii) caused by the auxiliary persons
of the Forex4pro or (iii) in case of use by a third party of the
Client’s username and password either communicated to
this third party by the Client or obtained by the third party
by an abusive/ fraudulent manner.
The Forex4pro assumes no liability towards the Client for
the ability of the ETP to meet the user's requirements, be
error-free, or operate without interruption, or that
information transmitted through the ETP (or via phone)
shall be accurate or timely. The Forex4pro shall also assume
no liability for other users of the ETP or any employees of
The Forex4pro to perform as expected.
37. Payment Orders and Securities Transactions
The Client acknowledges and agrees that:

The Forex4pro is entitled to refuse the execution
of payment orders which do not contain the
required information;
The Client and the Forex4pro are bound to comply
with the Market Rules, regulations, practices and
general conditions in force on relevant
marketplaces or jurisdictions and applicable to or
required to be complied with by Counterparties
with which the Forex4pro may operate;

Orders are irrevocable from the moment of the
debit of the account;

The credit may be made on the basis of the IBAN
only without any reconciliation thereof with the
name and address of the beneficiary;
In the scope of its core business, the Forex4pro
and its employees may - at the Client’s request or
not - provide information based on knowledge and
information at the Forex4pro’s disposal. Any and
all information available at any time on ETP
and/or otherwise provided by the Forex4pro or its
employees regarding trading issues or any other
financial matter shall not constitute an advice or a
recommendation by the Forex4pro with regard to
investments, trading or any other financial matter
nor constitute an offer to buy or sell or a
solicitation to execute any transaction.

In case of return of funds, full client details and the
reason of the return (including the information
“closed account”) may be disclosed to all parties
involved.
Accordingly, any investment decisions and / or transactions
and trades on the ETP on the Client’s behalf shall be deemed
38. Termination and Netting of Positions
The termination of the relationship with the Client shall
extinguish the Client’s right to use the ETP as well as all and
any software and solutions made available to him by The
Forex4pro.
Upon termination of the relationship, the Forex4pro and the
Client undertake to complete all transactions that are
already in progress and the terms of these Conditions shall
continue to bind both parties in relation to such
PART II. GENERAL TRADING AGREEMENT – CONDITIONS OF BUSINESS
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transactions. However, the Forex4pro shall be entitled to
close all open positions of the Client and to offset, after
conversion into the base currency, any amount due to the
Client against any amount owed by him, irrespective of the
maturation date of any respective transaction. The
Forex4pro shall be entitled to deduct all amounts due to it
before transferring any funds on any account of the Client,
and the Forex4pro shall be entitled to postpone such
transferring until any and all positions between the
Forex4pro and the Client are closed. Furthermore, the
Forex4pro shall be entitled to require the Client to pay any
charges incurred in transferring the Client’s investments.
Upon termination of the relationship with the Client, the
right of the Client to use any and all of the Forex4pro’s
software and systems that it has made available to the
Client during the terms of these Conditions shall expire.
39. Early Termination
Without prejudice to the conditions specified above and
without prior notice to the Client, the Forex4pro shall have
the right to terminate its relationship with the Client and/or
to close out all or any positions of the Client and realise any
other assets held by the Forex4pro on behalf of the Client,
upon or at any time after the occurrence of any of the
following events:

impair or prevent any further or other exercise of
such right, power or remedy; or

operate as a waiver of such right, power or
remedy.
No waiver of breach of all or part of these Conditions shall
(unless expressly agreed in writing by the waiving party) be
construed as a waiver of any future breach of the same or as
authorising a continuation of a particular breach.
41. Client’s Personal Contact Details and Client
Communication
The Forex4pro shall be allowed to validly communicate
with the Client by using the last post address, electronic
address and/or phone and fax numbers provided to the
Forex4pro by the Client. Each Communication made by
using such address or number shall be deemed as validly
made and received even if The Forex4pro receives a
notification of failure to deliver it to the Client.
The Client undertakes to notify the Forex4pro without delay
of any changes of his personal or contact details or of any
other information relevant to these Conditions.

the Client fails to make any payment or fails to
comply fully with any obligations under these
Conditions or any transaction;
The Forex4pro shall be entitled to reject and/or ignore any
Communication including instructions from the Client or
from any authorised representative emanating from an
address and/or phone or fax number not known of The
Forex4pro. The Forex4pro shall not bear any liability on
whatsoever ground in that respect.

if the Client has no equity on his account;
42. Miscellaneous

if the Client dies or becomes of unsound mind;

the Client enters into liquidation or into an
insolvency
arrangement
(including
an
arrangement with its creditors), or if a receiver is
appointed over all or part of its assets or
undertaking;
These Conditions shall be for the benefit of, and binding for
both the Client and the Forex4pro, and for their respective
successors and assigns, but the Client may not assign any of
his rights and obligations under these Conditions or under
any transaction without prior written consent of the
Forex4pro.

any of the representations or warranties given by
the Client are, or become, untrue;

The Forex4pro reasonably considers it necessary
for its own protection or the protection of its
associates.
The Client acknowledges, recognises and agrees that the
Forex4pro shall not be liable for any consequences of it
taking the steps described in this Section.
The Forex4pro shall have the right to transfer and/or
assign, at its sole discretion, to a third party, whether or not
affiliated with the Forex4pro, all or part of its rights and/or
obligations under these Conditions, including without
limitation the duties assumed by the Forex4pro hereunder,
and the Client shall be deemed to accept such transfer
and/or assignment.
40. Waiver of Rights
The rights and remedies contained in these Conditions shall
be cumulative and not exclusive of any rights or remedies
provided by law. No delay or omission of the Forex4pro in
exercising any right, power or remedy provided by law or
under these Conditions, or partial or defective exercise
thereof, shall:
PART II. GENERAL TRADING AGREEMENT – CONDITIONS OF BUSINESS
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