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  1. Гражданское право
  2. Взыскание задолженности

взыскание долга

Для Иванова Дениса.

договор является публичным и не требует подписания, достаточно осуществить переввся информация находится на сайте http://www.fxmtrade.com/ru/real_account

Trader Agreement

In consideration of agreeing to carry one o r more accounts of the undersigned ("Trader") and providing services to Trader in connection with the purchase and sale of contracts for difference (hereinafter referred to as "CFDs"), futures, indices, foreign exchange, and/or shares through the OTC market (hereinafter referred to as "OTC"), which may be purchased o r sold by o r through FXM Broker Group S.A. for Trader's accounts(s), Trader agrees as follows:

1. AUTHORIZATION TO TRADE

FXM Broker Group S.A. is authorized to purchase and sell OTC for Trader's account(s) in accordance with Trader's oral o r written o r computer instructions.

2. MARGINS AND DEPOSIT REQUIREMENTS

Trader shall provide to and maintain with FXM Broker Group S.A. margin in such amounts and in such forms as FXM Broker Group S.A., in its sole discretion, may require. Such margin requirements may be greater o r less than margins required by a counter party bank. FXM Broker Group S.A. may change margin requirements at any time. Trader agrees to deposit by immediate wire transfer such additional margin when and as required by FXM Broker Group S.A. and will promptly meet all margin calls in such mode of transmission as FXM Broker Group S.A. in its sole discretion designates. FXM Broker Group S.A. may at any time proceed to liquidate Trader's account in accordance with paragraph 4 below and any failure by FXM Broker Group S.A. to enforce its rights hereunder shall not be deemed a waiver by FXM Broker Group S.A. to enforce its rights thereafter. FXM Broker Group S.A. retains the right to limit the amount and/or total number of open positions which Trader may acquire o r maintain at FXM Broker Group S.A.. FXM Broker Group S.A. may cancel any erroneous order execution resulting from non-market quotation revealed in trading system. Any disputes arising out of such quoting errors shall be settled by negotiations. FXM Broker Group S.A. will attempt to execute all orders which it may, in its sole discretion, choose to accept in accordance with the oral o r written o r computer instructions of Trader's. FXM Broker Group S.A. reserves the right to refuse to accept any order. However, FXM Broker Group S.A. shall not be responsible for any loss o r damage caused, directly o r indirectly, by any events, actions o r omissions beyond the control of FXM Broker Group S.A. including, without limitation, loss o r damage resulting, directly o r indirectly, from any delays o r inaccuracies in the transmission of orders and/or information due to a breakdown in o r failure of any transmission o r communication facilities.

3. COLLATERAL AND LENDING AGREEMENT

All funds, securities, currencies, and other property of Trader which FXM Broker Group S.A. o r its affiliates may at any time be carrying for Trader (either individually, jointly with other, o r as a guarantor of the account of any other person,) o r which may at any time be in its possession o r control o r carried on its books for any purpose, including safekeeping, are to be held by FXM Broker Group S.A. as security and subject to a general lien and right of set-off for liabilities of Trader to FXM Broker Group S.A. whether o r not FXM Broker Group S.A. has made advances in connection with such securities, commodities, currencies o r other property, and irrespective of the number of accounts Trader may have with FXM Broker Group S.A.. FXM Broker Group S.A. may in its discretion, at any time and from time to time, without notice to Trader, apply and/or transfer any o r all funds o r other property of Trader between any of Trader's accounts. Trader hereby also grants to FXM Broker Group S.A. the right to pledge, re-pledge, hypothecate, invest o r loan, either separately o r with the property of other Traders, to itself as broker o r to others, any securities o r other property of Trader held by FXM Broker Group S.A. as margin o r security. FXM Broker Group S.A. shall at no time be required to deliver to Trader the identical property delivered to o r purchased by FXM Broker Group S.A. for any account of Trader. This authorization shall apply to all accounts carried by FXM Broker Group S.A. for Trader and shall remain in full force until all accounts are fully paid for by Trader o r notice of revocation is sent by FXM Broker Group S.A. from its home office.

4. LIQUIDATION OF ACCOUNTS

In the event of (a) the death o r judicial declaration of incompetence of Trader, (b) insufficient margin, o r FXM Broker Group S.A.'s determination that any collateral deposited to protect one o r more accounts of Trader is inadequate, regardless of current market quotations, to secure the account , (c) Trader's failure to provide FXM Broker Group S.A. any information requested pursuant to this agreement, o r (d) any other circumstances o r developments that FXM Broker Group S.A. deems appropriate for its protection, and in FXM Broker Group S.A.'s sole discretion, it may take one o r more, o r any portion of, the following actions: (I) satisfy any obligation Trader may have to FXM Broker Group S.A., either directly o r by way of guaranty of surety, out of any of Trader's funds o r property in its custody o r control, (II) sell any o r purchase any o r all currency contracts, securities held o r carried for Trader, and (III) cancel any o r all outstanding orders o r contracts, o r any other commitments made on behalf to Trader. Any of the above actions may be taken without demand for margin o r additional margin, without prior notice of sale o r purchase o r other notice to Trader, Trader's personal representatives, heirs, executors, administrators, trustees, legatees o r assigns and regardless of whether the ownership interest shall be solely Trader's o r held jointly with others. In liquidation of Trader's long o r short positions FXM Broker Group S.A. may, in its sole discretion, offset in the same settlement o r it may initiate new long o r short positions in order to establish a spread o r straddle which in FXM Broker Group S.A.'s sole judgment may be advisable to protect o r reduce existing position in Trader's account. Any sales o r purchase hereunder may be made according to FXM Broker Group S.A.'s judgment and at its discretion with any inter bank o r other exchange market where such business in then usually transacted o r at a public auction o r private sale, and FXM Broker Group S.A. may purchase the whole o r any part thereof free from any right of redemption. Trader shall at all times be liable for the payment of any purchase the whole o r any parts thereof free from any right of redemption. Trader shall at all times be liable for the payment of any deficit balance of Trader upon demand by FXM Broker Group S.A. and in all cases, Trader shall be liable for any deficiency remaining in Trader's account(s) in the event of the liquidation thereof in whole o r in part by FXM Broker Group S.A. o r by Trader. In the event the proceeds realized pursuant to this authorization are insufficient for the payment of all the payment of all liabilities of Trader due to FXM Broker Group S.A..

5. STATEMENT AND CONFIRMATION

Reports of the confirmation of orders and statements of accounts for Trader shall be deemed correct and shall be conclusive and binding upon Trader if not objected to immediately upon receipt and confirmed in writing within (1) day after transmittal to Trader by mail o r otherwise. Margin calls shall be conclusive and binding unless objected to immediately in writing. Written objections on Trader's part shall be directed to FXM Broker Group S.A. at its home office, and shall be deemed received only if actually delivered o r mailed by registered mail, return receipt requested. Failure to object shall be deemed ratification of all actions taken by FXM Broker Group S.A. prior to Trader's receipt of said reports. Trader's failure to receive a trade confirmation shall not relieve Trader of the obligation to object as set out herein.

6. FXM BROKER GROUP S.A. RESPONSIBILITIES

FXM Broker Group S.A. will not be responsible for delays in the transmission of orders due to a breakdown o r failure of transmission o r communication facilities, electrical power outage o r for any other cause beyond FXM Broker Group S.A. control o r anticipation. FXM Broker Group S.A. shall only be liable for its actions directly attributable to negligence, will full default o r fraud on the part of FXM Broker Group S.A. FXM Broker Group S.A. shall not be liable for losses arising from the default of any agent o r any other party used by FXM Broker Group S.A. under this agreement. As OTC is not an exchange traded market, prices at which FXM Broker Group S.A. deals at o r quotes may o r may not be similar to prices at which other OTC market makers deal at o r quote.

7. CURRENCY FLUCTUATION RISK

If Trader directs FXM Broker Group S.A. to enter into any currency forex transaction: (a) any profit o r loss arising as a result of a fluctuation in the exchange rate affecting such currency will be entirely for Trader's account and risk; (b) all initial and subsequent deposits for margin purposes shall be made in U.S. dollars, in such amounts as FXM Broker Group S.A. may in its sole discretion require; and (c) FXM Broker Group S.A. is authorized to convert funds in Trader's account for margin into and from such foreign currency at a rate of exchange determined by FXM Broker Group S.A. in its sole discretion on the basis of the then prevailing money market rates.

8. RISK ACKNOWLEDGMENT

Trader acknowledges that investments in leveraged and non-leveraged transactions are speculative, involves a high degree of risk, and is appropriate only for persons who can assume risk of loss of their entire margin deposit. Trader understands that because of the low margin normally required in OTC trading, price changes in OTC may result in significant losses. Trader warrants that Trader is willing and able, financially and otherwise, to assume the risk of OTC trading, and in consideration of FXM Broker Group S.A. carrying his/her account(s), Trader agrees not to hold FXM Broker Group S.A. responsible for losses incurred through following its trading recommendations o r suggestions o r those of its employees, agents o r representatives. Trader recognizes that guarantees of profit o r freedom from loss are impossible of performance in OTC trading. Trader acknowledges that Trader has received no such guarantees from FXM Broker Group S.A. o r from any of its representatives o r any introducing agent o r other entity with whom Trader is conducting his/her FXM Broker Group S.A. account and has not entered into this agreement in consideration of o r in reliance upon any such guarantees o r similar representations.

9. DISCLOSURE OF FINANCIAL INFORMATION

The Trader represents and warrants that the financial information disclosed to FXM Broker Group S.A. in this document is an accurate representation of the Trader's current financial condition. The Trader represents and warrants that the Trader has very carefully considered the portion of the Trader's assets which the Trader considers to be Risk Capital. The Trader recognizes that Risk Capital is the amount of money the Trader is willing to put at risk and if lost would not, in any way, change the Trader's lifestyle. The Trader agrees to immediately inform FXM Broker Group S.A. if the Trader's financial condition changes in such a way to reduce the Trader's Net Worth, Liquid Assets and/or Risk Capital.

10. NO GUARANTEES

Trader acknowledges that Trader has no separate agreement with Trader's broker o r any FXM Broker Group S.A. employee o r agent regarding the trading in Trader's FXM Broker Group S.A. account, including any agreement to guarantee profits o r limit losses in Trader's account. Trader understands that Trader must authorize every transaction prior to its execution unless Trader has delegated discretion to another party by signing FXM Broker Group S.A. limited trading authorization, and any disputed transactions must be brought to the attention of FXM Broker Group S.A. Compliance Officer pursuant to the notice requirements of this Trader Agreement. Trader agrees to indemnify and hold FXM Broker Group S.A. harmless form all damages o r liability resulting form Trader's failure to immediately notify FXM Broker Group S.A. Compliance Officer of any of the occurrences referred to herein. All notices required under this section shall be sent to FXM Broker Group S.A. at its home office.

11. NO WAIVER o r AMENDMENT

No provision of this Agreement may be waived o r amended unless the waiver o r amendment is in writing and signed by both Trader and an authorized officer of FXM Broker Group S.A. No waiver o r amendment of this Agreement may be implied from any course of dealing between the parties o r from any failure by FXM Broker Group S.A. o r its agents to assert its rights under this Agreement on any occasion o r series of occasions. No oral agreements o r instructions to the contrary shall be recognized o r enforceable. This instrument and the attachments hereto embody the entire agreement of the parties, superseding any and all prior written and oral agreements and there are no other terms, conditions o r obligations other than those contained herein.

12. BINDING EFFECT

This Agreement shall be continuous and shall cover, individually and collectively, all accounts of Trader at any time opened o r reopened with FXM Broker Group S.A. irrespective of any change o r changes at any time in the personnel of FXM Broker Group S.A. o r its successors, assigns, o r affiliates. This Agreement including all authorizations, shall inure to the benefit of FXM Broker Group S.A. and its successors and assigns, whether by merger, consolidation o r otherwise, and shall be binding upon Trader and/or the estate, executor, trustees, administrators, legal representatives, successors and assigns of Trader. Trader hereby ratifies all transactions with FXM Broker Group S.A. affected prior to the date of this Agreement, and agrees that the rights and obligations of Trader in respect thereto shall be governed by the terms of this Agreement.

13. TERMINATION

This Agreement shall continue in effect until termination, and may be terminated by FXM Broker Group S.A. as well as by the Trader at any time when Trader has no open Currency position(s) and no liabilities held by o r owed to FXM Broker Group S.A. upon the actual receipt by FXM Broker Group S.A. at its home office of written notice of termination, o r at any time whatsoever by FXM Broker Group S.A. upon the transmittal of written notice of termination to Trader; provided, that such termination shall not affect any transactions previously entered into and shall not relieve either party of any obligations set out in this agreement nor shall it relieve Trader of any obligations arising out of any deficit balance.

14. RECORDINGS

Trader agrees and acknowledges that all conversations regarding Trader's account(s) between Trader and FXM Broker Group S.A. personnel may be electronically recorded with o r without the use of an automatic tone warning device. Trader further agrees to the use of such recordings and transcripts thereof as evidence by either party in connection with any dispute o r proceeding that may arise involving Trader o r FXM Broker Group S.A. Trader understands that FXM Broker Group S.A. destroys such recordings at regular intervals in accordance with FXM Broker Group S.A. established business procedures and Trader hereby consents to such destruction.

15. NO SCALPING

Trader agrees and acknowledges that the service provided by FXM Broker Group S.A. to Trader hereunder is not adapted for trading techniques commonly known as "scalping" o r "picking" ("Scalping"). In the event of Trader employing the Scalping techniques, Trader agrees and acknowledges that FXM Broker Group S.A. may in FXM Broker Group S.A. sole discretion take one o r more, o r any portion of, the following actions: (a) close Trader's account; (b) suspend Trader's account for an indefinite period of time; (c) carry out an investigation on Trader's account for an indefinite period of time; (d) charge a penalty fee to Trader in the same o r greater amount of money that resulted from Trader using Scalping techniques.

11 Июля 2012, 18:45, вопрос №11614 Dana, г. Москва
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Екатерина Белова

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Ответы юристов (1)

  • Юрист - Иванов Денис
    Юрист, г. Калининград
    Общаться в чате

    Пункт 3

    Любые споры, проистекающие из таких ошибок цитирования, должны быть улажены путем переговоров.

    Пункт 6

    FXM Broker Group S.A. не будет ответственна за задержки передачи заказов из-за расстройства или отказ передачи или средства связи, отключение электричества электроэнергии или по любой другой причине вне FXM Broker Group S.A.

    Про иное чем в законе место рассмотрения споров ничего нет, значит надо обращаться по месту нахождения ответчика по их законам.

    Я в международном праве настолько не сведущ.

    11 Июля 2012, 23:40
    Ответ юриста был полезен? + 0 - 0
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