Terms & Conditions
MOONTRADESWAP OFFERS INVESTMENT SERVCES (THE "SERVICES") STRICTLY UNDER THE FOLLOWING TERMS AND CONDITIONS, WHICH ARE NON - NEGOTIABLE AND MAY BE AMENDED AFTER PROPER NOTICE, HAS BEEN GIVEN TO YOU (THE "CLIENT") AT THE ABSOLUTE DISCRETION OF EQUITYFXTRADINGS SUBJECT TO THE PROVISIONS OF THE TERMS BELOW. BY ACCEPTING AND AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND OPENING AN ACCOUNT, THE CLIENT ACCEPTS THE FOLLOWING TERMS AND CONDITIONS. SUBSEQUENT TO THAT AND (I) SUBJECT TO MOONTRADESWAP FINAL APPROVAL AND (II) UPON THE CLIENT'S FUNDING OF HIS ACCOUNT, THE CLIENT ENTERS INTO A LEGAL AND BINDING AGREEMENT WITH MOONTRADESWAP .
Whereas, Moontradeswap allows the carrying out of transactions in foreign currency exchange rates, in contracts for differences("CFDs") based on foreign exchange rates and other financial assets, including, without limitation, commodities, shares and indices, as well as in options and other Financial Instruments, all as may be offered from time to time by Moontradeswap at its sole discretion, all subject to the terms and conditions set forth in this Agreement; and Whereas the Client wishes to open an account with Moontradeswap for purposes of carrying out such Transactions ("Account");
Now therefore, the parties have agreed as follows: 1. Scope of Agreement & Definitions
1.1. This Agreement sets forth the terms and conditions governing the Client’s Account and all Transactions placed through the Account.
1.2. The term “this Agreement” means this agreement and all annexes forming an integral part of this agreement, including without limitation Nomination of Agent Annex; Moontradeswap Trading Conditions, the Risk Disclosure and Client’s Declaration Annex, and Glossary of Terms Annex, as such annexes are amended by Moontradeswap from time to time and any other Annex determined by Moontradeswap as forming an integral part of this agreement.
1.3. All terms used in this Agreement, and not defined herein, shall have the meaning assigned to them in the Glossary of Terms. Other terms not defined herein shall have the meaning assigned to them in customary practice.
2. Opening of Account & Appointment of Agent
2.1. The Client hereby instructs Moontradeswap to set up the Account in his name in Moontradeswap books with a view of carrying out Transactions. By opening the Account, Client irrevocably declares and undertakes that Client is acting for Client’s sole benefit and not for, or on behalf of, any other person or entity. Without derogating from the above, the Client hereby warrants and represents that all funds deposited in the Account belong solely to the Client and originate from the Client’s own bank account, directly, or through payment instruments (credit card, debit cards or e- wallets) registered under the Client’s name. In the event those funds were Transferred to the Client’s Account from a source other than an account registered in its name or of which the Client is not a beneficiary or through payment instruments not registered under the Client’s name, Moontradeswap reserves the right to return the funds to their origin as well as to reverse all Transactions executed on the basis of these funds.
2.2. The Client understands and accepts that upon his/her registration in the Website or at any time thereafter, Moontradeswap might be required to conduct a “Know Your Client Process” (“KYC Process”). This KYC Process requires Moontradeswap , among others, to obtain certain documents and personal details from the Client which shall typically include an identity card, passport and proof of payment method. If deemed necessary, Moontradeswap may request additional documents and evidence and/or that any document copies are notarized, meaning that the documents are stamped and attested by a Public Notary. In the event that Moontradeswap requests for documents and information are not completed by the Client or otherwise approved by Moontradeswap , Moontradeswap may at its sole discretion decline to open an Account, block an Account from trading or terminate this Agreement, and may withhold any funds that are present in the Account until such time as Moontradeswap is satisfied with the documents presented by the Client. Should the documents fail Moontradeswap internal compliance checks – for example, if Moontradeswap suspects that they have been tampered with, or are in any way provided to mislead or misrepresent – Moontradeswap shall be under no obligation to accept such documents as valid, and under no obligation to provide feedback on the exact nature of our findings with regards to these documents.
2.4. The sole person authorized to perform Transactions in the Account is the Client. Client may however request to appoint an agent (“Agent”) to operate the Account by filling and signing the Nomination of Agent Annex, and in such an event and so long Client does not revoke such appointment, the sole person authorized to perform Transactions in the Account shall be the Agent, provided however that “only Client “shall be entitled to withdraw funds from the Account pursuant to the terms and conditions of this Agreement. Moontradeswap shall have the right to conduct a KYC Process with respect to the Agent and the provision of Section 2.2 and 2.3 shall apply to such process. Client hereby acknowledges and agrees that he shall be solely responsible for the acts and/or omissions of the Agent and Moontradeswap shall have no liability towards Client for any such actions or omissions, whether or not made in the scope of the Agent authorization by Client.
2.5. If more than one person executes this Agreement as Client, all such persons shall be jointly and severally liable for all obligations of Client pursuant to this Agreement. In such an event and unless an Agent is appointed, the sole person authorized to perform Transactions in the Account is the first of such persons mentioned, however withdrawal from the Account will require signatures of all persons identified as Client.
3.1. Subject to the terms and conditions set forth in this Agreement, Client may perform Transactions in the Account through the Internet Trading Platform, through the TSP (where applicable) or by telephone (where applicable) at Client’s sole responsibility, risk and expense.
3.2. All Transactions shall be opened and closed at the prices quoted by Moontradeswap(as a Principal) and presented in the Internet Trading Platform. Client acknowledges and agrees that Moontradeswap is under no obligation to quote any specific price which is quoted in a specific Financial Market.
3.3. The Client acknowledges and agrees that each Transaction is comprised of first, an offer by the Client to Moontradeswap to execute a Transaction (whether such offer is to open a Transaction or close an existing open Transaction) at a certain price quoted on the Internet Trading Platform, and Moontradeswap subsequent acceptance of such offer (if accepted, and in Limit Orders, subject to any Slippage). A Transaction will be deemed to have been executed only when the Client’s offer has been received and accepted by Moontradeswap , as indicated in the Internet Trading Platform.
3.4. All Transactions and execution of Orders (including Market Orders and Limit Orders) shall be subject to and carried out in accordance with the Trading Conditions, Moontradeswap policies prevailing practice, as applicable at such time. Client should be fully aware of Moontradeswap Trading Conditions and especially for the rules which concern the execution of Orders, prior to commencing its trading activity with Moontradeswap .
3.5. The Client acknowledges and agrees that it will not be entitled to the physical delivery of any currency, commodity, shares or other securities when closing any Transaction.
3.6. Moontradeswap shall attempt to execute Transactions on “best effort” basis only and subject to the other terms and conditions set forth in this Agreement, including without limitation, Moontradeswap Trading Conditions.
3.7. It is manifestly stated, and Client also agrees and authorizes that (i)Moontradeswap may, at Moontradeswap sole discretion, act as a counter party (i.e., principal) to any or all of Client’s Transactions; and (ii) Moontradeswap shall not provide any advisory, consulting or intermediary services to Client and therefore client shall be responsible for its own decisions; and (iii) Moontradeswap may (but is not obliged to) at its sole discretion hedge the Client’s Transactions, in whole or in part and in any manner it deems fit, whether by way of set-off with other Clients’ Transactions or otherwise; and (iv) nothing herein contained shall be interpreted as creating any agency, fiduciary or brokership relationship between Moontradeswap and Client, or its Agent, if appointed.
3.8. Without prejudice to any other provisions herein, the Client acknowledges that Moontradeswap may, at its sole discretion, add, remove or suspend any Financial Instrument, Financial Market or any specific CFD.
4. As a condition to the performance of Transactions in the Account, Client must provide and maintain with Moontradeswap sufficient funds (“Guarantee” or “Margin”), as determined by Moontradeswap in its sole discretion from time to time.
4.1. Following the reading of this Agreement, Client will transfer to the Account a deposit in such minimal amount, by form of Cryptocurrency , bank transfer, credit card, bitcoins, e-wallets or other payment method approved by Moontradeswap , as determined by Moontradeswap . Such deposits, together with any profits and losses from existing open and closed Transactions, credits and debits from daily rollovers and charges on account of commissions, if applicable, shall serve as Guarantee for the performance of Transactions in the Account, and are hereby pledged by Client as a first degree and sole pledge in favor of Moontradeswap . Without prejudice to any rights of Moontradeswap , including rights in any other security provided by Client, Client hereby irrevocably and unconditionally authorizes.
4.2. Moontradeswap may, at its sole discretion, and from time to time, including on an ad- hoc basis, change the minimum margin requirements, set different minimum margin requirements for different financial assets and/or for different time periods and notify Client of the need to make further deposits to keep the minimum margin requirement, by providing Client with a notice to that effect. Moontradeswap margin requirements are available on the Website. Client may at its discretion, or shall if requested by Moontradeswap , increase the Guarantee amount in the account by making further deposits.
4.3. Moontradeswap reserves the right to limit the number of open positions the Client may enter or maintain in its Account, the Client’s net exposure (either the total net exposure or the net exposure per each Financial Instrument\Underlying Asset) and the Transactions’ size. Moontradeswap also reserves the right, at its sole and absolute discretion, to refuse to accept any request to open a new Transaction or increasing an existing Transaction. Client acknowledges that Transactions in certain CFDs whose Underlying Assets are Future contracts and/or shares may be traded on specific Financial Market and therefore trading may be available only during the opening hours of the relevant Financial Market and only during the period in which the Underlying Asset is traded. Moontradeswap may limit and/or refuse to accept any Order outside the opening hours of the relevant Financial Market or outside the time in which the Underlying Asset is traded.
5. By accepting this agreement the Client accepts the provision of Moontradeswap End User License Agreement with respect of its use of the Internet Trading Platform which constitute an integral part of this Agreement.
5.1. The Client will make all necessary efforts to keep his Access Codes secret and known only to him. Client further agrees to logout from the Internet Trading Platform upon concluding its trading activity and at any time its relevant terminal is left unattended. Without derogating from the above, the Client will be liable for all Orders given through and under his Access Codes and any such Orders received by Moontradeswap will be considered as received from the Client. In cases where a third person is assigned as an authorized representative to act on behalf of the Client, the Client will be responsible for all Orders given through and under the representative’s Access Codes.
5.2. Client shall not use any software for the purpose of automatic trading in his account. Further more the Client shall not use or allow the use of a device which obstruct and/or interfere with the regular and ordinary carrying out of Transactions or of the functionality of the Internet Trading Platform or any part thereof, as determined by Moontradeswap at its sole discretion.
5.3. Moontradeswap shall not be responsible for any power cuts, internet or mobile failures or other failures that prevent the use of the Internet Trading Platform and shall not be responsible for any network connection failure or otherwise for the unavailability, for any reason, of the Internet Trading Platform.
6. Withdrawal from and Closing of the Account by Client
6.1. Client may request Moontradeswap to withdraw from the Account any Guarantee in excess of the minimum margin, by providing Moontradeswap with a written and duly signed and executed Withdrawal Form. Without prejudice to any right of Moontradeswap hereunder (including, without limitation, Moontradeswap rights pursuant to Section 4.2 above), Moontradeswap shall transfer any such excess Guarantee amounts (if any, and as determined by Moontradeswap at its sole discretion), less any applicable Bank transfer fees, according to Client’s instructions in the Withdrawal Form within seven (7) Business Days from the date of receipt thereof. For avoidance of doubt any such transfer by Moontradeswap is subject to (i) any and all applicable laws such as money laundering laws, any requirements for withholding of tax and any foreign currency regulations, and (ii) Client providing full identification as required by Moontradeswap .
6.2. Withdrawals can only be made to the benefit of the Client, through the means in which the funds were deposited, and not to any third party. Surplus can only be withdrawn to a bank account which was approved by Moontradeswap as registered under the Client’s name. Moontradeswap does not enable to transfer any Transaction or open position to any other trading platform or provider.
6.3. In case Client wishes to withdraw all excess funds in the Account and close the Account it shall so notify Moontradeswap in the Withdrawal Form, and following the transfer (if any) made by Moontradeswap pursuant to such request, Moontradeswap shall close the Account.
6.4. Withdrawals shall only be made in the currencies deposited by the Client, provided that Moontradeswap supports these currencies as Account Currency.
7. Pricing & Commissions
7.1. The Client acknowledges and agrees that upon each Rollover, Moontradeswap will add or subtract the interest adjustments applicable to the relevant assets, including a spread. Similarly, all Share CFD Transactions will be subject to a daily credit or debit (depending on the position held by the Client – Long\Short), calculated on the basis of the relevant Inter-Bank interest rate of the currency in which the underlying share is traded and including a markup spread.
7.2. Client accounts in which there have been no trading activity for a period of twelve (12) consecutive months will be considered by Moontradeswap as dormant. Dormant accounts are charged a quarterly maintenance fee or the full amount of the free balance in the account . The first maintenance fee will be charged upon classifying the account as dormant and any further dormant fee shall be charged upon each calendar quarter (3 months) thereafter, provided that the account will remain to be classified as dormant. There will be no charge if the free balance is zero. Accounts with a zero free balance may also be closed.
7.3. Moontradeswap may charge Commissions for the services provided by it to Client hereunder, at such rates and mode as determined by Moontradeswap at its sole discretion from time to time and notified to Client. In such an event, the Commissions will be charged to the Client.
13. Communications Reports and any Notice hereunder may be transmitted to Client at the address provided to Moontradeswap by the Client, or such other address notified by Client in writing to Moontradeswap from time to time. Reports and Notices may also be transmitted via email (according to the address provided by the Client) or on the Website or Internet Trading Platform. All communications sent to Client shall be deemed delivered, at the time of delivery if sent by e-mail or notified through the Internet Trading Platform or the Website or within 3 Business Days if posted by mail. Communications by Client shall be deemed delivered only when actually received by Moontradeswap
14. Trading Service Provider (TSP) Moontradeswap may notify Client of the appointment of a Trading Services Provider as set forth in the Trading Services Provider Annex, and subject to the terms and conditions set forth therein. For avoidance of doubt, Moontradeswap(and not the TSP) remains the contracting party with Client. Client acknowledges and agrees that Moontradeswap is paying commissions to the TSP for its services pursuant to this agreement.
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