Client agreement

This agreement (hereinafter referred to as the “Agreement”) defines the terms and procedure for using a trading Account with Comert Comertex spool. s.r.o (“Comert”, the “Company”), as well as the procedure for conducting arbitrage transactions in currency pairs and CFDs on this Account. In this Agreement, the undersigned customer is referred to as “Customer” or “You”.

1. Use of terms

Capitalized terms not defined in this Agreement can be found on the Comert website – https://comert.company

2. Provision of services

In accordance with the terms of this Agreement and subject to the acceptance of the Client’s application for opening a trading Account with Comert, the Company undertakes to maintain one or more trading Accounts registered in the name of the Client, to make settlements with the Client or on the Client’s operations in international markets and over-the-counter markets with contracts for difference on instruments such as currencies, stocks, debt securities, indices and commodities (“CFDs”), on a spot basis, and at the discretion and with the consent of the Client to provide other services and products of the Company in the future. Unless expressly stated otherwise in writing, all CFD and other transactions between Comert and the Client are subject to the terms of this Agreement, which may be amended from time to time (including but not limited to the Comert Trading Principles and Procedure, specified in the Appendix to this Agreement).

3. Representations and warranties

Starting from the date specified in this Agreement, the Client acknowledges, accepts and warrants that:

3.1. If the Client is an individual, then he has reached the age of majority (18 years) and is capable and legally capable and legally competent person;

3.2. If the Client is a legal entity, then he (i) is duly registered, and all actions of the Client, carried out in accordance with the relevant Regulations, do not violate any law, regulation, law, statutes and regulations applicable to the Client or in the jurisdiction, the resident which is the Client; (ii) The Client agrees to the execution of this Agreement, the implementation of all CFD operations and other financial transactions and transactions provided for in this Agreement, as well as the fulfillment of all obligations provided for in this Agreement; (iii) the Client confirms that any person executing this Agreement, as well as all CFD operations and other transactions provided for in this Agreement, on behalf of the Client, has been duly authorized;

3.3. The conclusion and execution by the Client of this Agreement and all CFD operations and other transactions provided for in this Agreement, as well as the Client’s fulfillment of all obligations provided for in this Agreement, and any CFD operations and other transactions provided for in this Agreement, do not violate any law, regulation, the law, statutes and regulations applicable to the Client or in the jurisdiction of which the Client is a resident, or any other agreement, the terms of which the Client is bound by;

3.4. The Client is the sole owner of a trading Account with Comert. The Client has not provided and will not provide the Client’s account as a security interest to a third party without the prior written consent of Comert. The Client has full beneficial ownership of all Collateral and will not grant any security interests as any collateral to any third party (other than the security interest granted by Comert pursuant to this Agreement) without the prior written consent of Comert. In order to complete a deposit or withdrawal transaction, the name of the Client to which the trading account is registered with Comert must exactly match the name of the account holder of another financial institution from which / to which the deposit / withdrawal of funds is made;

3.5. The Client undertakes to provide all documents, notices, applications and take other actions that Comert, in its sole discretion, deems necessary or desirable to confirm or secure any collateral interest in favor of Comert or to protect the interests of Comert in relation to any Collateral;

3.6. The Client has read and understands the provisions contained in this Agreement, including, but not limited to, the Comert Risk Disclosure Statement and the Comert Trading Principles and Procedure. The client will re-familiarize himself with the Agreement whenever changes are made to it. The Client will open any positions or make any changes to any open Transaction in the Client’s Account only if the Client has read and understands the terms of the revised Comert Comertex spool. s.r.o Agreement and the Client agrees that upon execution of any Transaction in the Client’s account, he thereby confirms that he has read and understands the revision

Comert’s contractual Agreement in effect at the time of opening a position or executing a Transaction;

3.7. The Client agrees to trade on a Demo Account available to him / her on the website and acknowledges that Comert may, in its sole discretion, refuse to carry out any real transactions in the Client’s Account until the Client, in the opinion and discretion Comert will not trade satisfactorily on the Demo Account;

3.8. The client agrees to comply with all applicable laws. The client cannot use his personal account with Comert for the purpose of any illegal activity;

3.9. The client is not a citizen or resident of Great Britain, the United States of America, Lithuania, Armenia, Angola, the Baltic States, Bangladesh, Benin, Botswana, Burkina Faso, Burundi, Cape Verde, Cambodia, Cameroon, Chad, Comoros, Colombia, Congo, Cuba, Democratic Republic of Congo, Dominican Republic, Republic of Ivory Coast, Ethiopia, Gabon, Gambia, Ghana, Grenada, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, India, Ireland, Jamaica, Japan, Kenya, Kiribati, Kosovo, Laos, Lesotho, Liberia, Libya, Liechtenstein, Madagascar, Malawi, Mali, Maldives, Mauritania, Mauritius, Mongolia, Morocco, Mozambique, Myanmar (Burma), Namibia, Nauru, Nepal, New Zealand, Nicaragua, Republic of Niger, North Korea, Paraguay, Papua New Guinea, Rwanda, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Sri Lanka, Suriname, Swaziland, Tanzania, Tunisia, Uganda, Montenegro, Venezuela, Zambia, Zimbabwe;

3.10. All information provided by the Client to Comert, including information about the Client’s trading and investment experience, is true, correct and complete, and the Client undertakes to immediately notify Comert of any changes to this information;

3.11. The risk capital provided as part of the Client’s Application will be immediately revised upward after the Client has deposited funds in excess of the initially provided risk capital.

4. Margin requirements

The Client undertakes to provide and maintain the required level of margin in his trading account with Comert in the amount and within such limits that Comert may, at its discretion, require from time to time. The client’s trading account will be under the control of Comert. Comert may change the Margin Requirements at any time without prior notice to the Client and request an increase in the Margin Call (x) at any time if the free margin balance on the Client’s account falls below the acceptable margin level set by Comert on this trading Account; and (y) at any time that Comert, in its sole discretion, considers this step to be reasonable and necessary. Comert may liquidate the Client’s Account at any time in accordance with clause 8. Comert may deduct funds from the Client’s trading account without prior notice: (x) to ensure the minimum required margin; and (y) fulfill any payment obligation to Comert, including commissions, fees and charges in relation to the Client’s Account. In the event that the Client instructs Comert to sell any Margin Collateral, Collateral or CFDs, and Comert cannot deliver this Margin Collateral, Collateral or CFDs to the buyer, since the Client cannot provide it to Comert, Comert may borrow or acquire any such Margin, Collateral or CFDs for the purpose of making this delivery. At the same time, the Client hereby agrees to guarantee and secure Comert Comertex spool. s.r.o against any liability, claim, loss, damage, cost or expense, including the costs of attorney fees that Comert may incur.

If signs of affiliation are detected between accounts of different clients, namely, an identical trading strategy and / or coincidence of IP-addresses of entry, the Company reserves the right to interpret the trading accounts of such clients as a single account and change the margin requirements in accordance with the total amount of funds and trading conditions.

5. Securing the client agreement

To secure any debt or other liability owed to Comert, including but not limited to (i) any debt or other liability arising from a trading account, CFD or other commercial transaction with Comert; or (ii) promissory notes or other obligations under the Client’s guarantees for any account, CFD contract or commercial transaction with Comert, the Client hereby assigns, certifies and grants to Comert a lien, lien and right to reimbursement: (i) all accounts A client with Comert; (ii) all CFDs, monies and other property

property held in the Client’s account with Comert, delivered or otherwise provided by the Client to secure debt and other obligations to Comert, or held by Comert for any purpose (including custody); and (iii) all items or income derived from the aforementioned sources ((i), (ii) and (iii) hereinafter collectively referred to as “Additional Security”).

At any time, in its sole discretion and without prior request or notice, Comert may use part or all of the funds (or make a sale or purchase of any such CFDs, securities or other property and use the proceeds derived from them) related to any such debts or other liabilities, even if such debts or other liabilities have arisen in a Client Account other than the Account in which funds, CFDs, securities or other property are stored or generated. In the event that the Client has a debt obligation to Comert, the company has the right at any time and without prior notice to sell, certify, provide as security, withhold, assign, invest, combine and otherwise use the Additional Security that it holds. (including, but not limited to, the use of CFDs as collateral for a loan from Comert). At the same time, the Client cannot present any complaints or rights, including subjective rights or the right of redemption. The client may also register additional collateral in the name of Comert, its officer or designee. Any error by Comert in fulfilling its obligations shall not be deemed a waiver of these obligations by Comert. Comert has been appointed as a permanent trustee of the Client and is authorized, without notifying the Client, to draw up and submit any documents, make notifications and take action on behalf of the Client, including the preparation, presentation and completion of financial statements that Comert considers necessary to prove and protect the share Comert in relation to collateral.

In the event that additional collateral deemed suitable for Comert will be insufficient to secure debt or other obligations of the Client to Comert, including obligations to provide margin in accordance with the Comert Principles and Trading Procedure and Clause 5 of this Agreement. The Client undertakes to immediately pay off the existing deficit in accordance with the Principles and Procedure for Trading in Comert and Clause 5 of this Agreement.

6. Dates of calculation; transfer of positions; supply

In cases where the execution of a trade involves physical delivery, instructions for the settlement of open positions must be communicated to Comert at least two (2) business days prior to the Value Date. In the absence of instructions from the Client entrusting Comert to deliver, close or prolong Open Positions, Comert is authorized, at its sole discretion, to deliver, prolong or close all or any part of Open Positions in the Client’s Account, while the Client assumes all risks.

The delivery of funds is carried out to the bank indicated by the buyer in a major city of the country in which such funds are legal tender. Unless otherwise agreed, the transfer of any funds must be made by bank transfer. Comert may demand the amount payable from the Client by 12:30 GMT on any day preceding the payment of the amount payable and payable by Comert to the Client on that day. Comert and the Client must exchange, use and periodically update and confirm any valid payment instructions.

Comert must have sufficient funds to carry out the delivery or the documents required for delivery. If instructions, funds and documents have not been received by Comert by the specified time, Comert may, at its sole discretion and without notifying the Client, close the Client’s open positions, transfer the Client’s open positions to the next settlement period, as well as deliver the goods or receive them from on behalf of the Client on any terms and by any means that Comert deems reasonable. The conditions and / or methods of delivery, closing or prolongation of the Client’s open positions may differ for each Client, depending on the current balance on the Client’s Account.

7. Closing accounts and deficits

In the event of (a) filing for bankruptcy, (b) insufficient margin, or Comert determines that collateral held in one or more of the Client’s accounts,

insufficient to provide an account for current exchange quotes; (c) other circumstances that Comert deems appropriate to defend itself, Comert’s sole discretion may need to perform one or more, or possibly a combination of, of the following: (1) fulfill all obligations given by the Client to Comert directly or by means of a power of attorney, at the expense of the Client or property deposited or managed; (2) sell or buy CFDs and other securities or other property held or managed at the will of the Client, and (3) cancel some or all outstanding orders, CFDs or other obligations made on behalf of the Client.

Any actions can be taken without requiring margin or additional margin, without prior notice of the sale or purchase or other notification of the Client, his personal representatives, successors, executors, administrators or proxies, and regardless of whether the Client’s own share is in his personal ownership or it is divided among other owners. Any prior request or notice of sale or purchase shall not be construed as a waiver by Comert of the right to sell or purchase at any time in the future without demand or notice as set out above. When liquidating the Client’s long and short positions, Comert may, at its discretion, close positions in one operation or open new Long positions or Short positions in order to establish a spread or price fluctuations that, in the opinion of Comert, may be appropriate to protect or reduce existing positions on the Client’s Account.

Any sale or purchase may be made in accordance with the decision of Comert and at the sole discretion of the company in any interbank, OTC or other exchange market in which such transactions are usually made, or in public trading, and Comert may acquire all or any part of the asset. free of any right of foreclosure. The client will be held liable to settle any deficit in his account at the request of Comert in the event that such a deficit is the result of entering the market after a weekend or holiday. Under these circumstances, the Client will be liable for the deficit remaining in the Client’s account in case of full or partial liquidation of the trading account by Comert or by the Client himself. In the event that the procedures implemented in accordance with the liquidation procedure are not enough to make payments on the Client’s liabilities accounts to Comert, the Client must promptly, upon request, pay the remaining part of this deficit together with all other deficits and all unpaid liability invoices. , including, but not limited to, all expenses incurred to meet requirements such as attorney’s fees, billing expenses, travel and other expenses, share of deficit and liability fees in excess of the current discount rate of Comert’s parent bank by three (3) percent, or the maximum interest rate permitted by law, which is less than other costs incurred by Comert. In the event that Comert incurs deficit collection costs other than those listed above on the Client’s account, the Client agrees to pay all these costs in full.

8. Costs

Comert compensates for its services by maintaining the difference between buy and sell prices (spread), brokerage commissions. Comert may charge you for additional bank fees such as wire transfers and deposits / withdrawals. Comert reserves the right to change its free structure at any time and at its own discretion, without prior notice. Fees do not currently include, but may in the future include expenses such as account statements, order cancellation fees, inter-account transfer fees, telephone dealing fees, or any fees charged by any interbank agency, bank, contract, market or other regulated or self-regulatory entity arising in connection with the provision of services by Comert in accordance with this Agreement. The client may incur additional fees for the purchase of additional value-added services offered by Comert itself. Additional commissions or spread margins may be applied to client accounts that are registered by Introducing Brokers.

9. Introducing Brokers

In the event that the Introducing Broker represents the Client to Comert, the Client understands and acknowledges that Comert may reimburse the Introducing Broker’s expenses and pay him a commission for the services provided. Introducing Broker

She has the following obligations in relation to the Client’s Account:

– Contacting, contacting and / or communicating with the client regarding investments, trading opportunities and goals;
– Compliance with all laws, rules and regulations applicable to any agreement or arrangement that may exist between the Introducing Broker and the Client; as well as
– Determination of any fees and charges, whether on a per-trade basis or on a different basis, that will be charged for the Client’s transactions, in addition to the standard Comert fees and charges.
– Acting as a clearing company in relation to the Client’s trading account, Comert is responsible for the provision of the following services:
– Opening, approving and maintaining the Client’s Trading Account (s), including obtaining and verifying information when registering a new Trading Account in accordance with the requirements of legislation and regulations;
– Maintaining the history of trade deals and operations on the trading account on behalf of the Client;
– Acceptance and execution of transactions on the Client’s Account (s); as well as
– Determination of margin, prolongation of open positions, liquidation of margin positions and supervision over the forwarding of any funds to the Client’s Account (s);
– Withdrawal from the Client’s account of any commissions or fees due to the Introducing Broker or other third party;
– Preparation and transmission to the Client of monthly or, if necessary, quarterly account statements in electronic form; as well as
– Answers to inquiries or complaints regarding the Client’s Trading Account.

10. Confirmation of trades

Confirmation of trades will be carried out online at the time of their execution. Trades made via telephone are confirmed verbally or online until 21:30 GMT on the day the trade is executed.

11. Communication and messaging

Reports, statements, remarks and other messages from Comert will be transmitted to the Client by publishing them on the Company’s website or sending them to the email or current mailing address specified by the Client. The client must notify Comert of any change of address by sending an email to manager @ comert.company. All messages sent by post, e-mail, courier or any other means must be considered forwarded by Comert if they were delivered to a post office, courier or other delivery service, or received by an Internet service provider. Such messages are considered delivered personally to the Client, regardless of whether the Client actually received this message or not. All messages sent by the Client cannot be considered valid until they have been received by Comert.

12. Force majeure

Comert shall not be liable to the Client for any loss, expense, damage or expense, including attorney fees incurred by the Client, directly or indirectly, for reasons beyond the direct control of Comert. These reasons include natural disasters, civil unrest, wars, uprisings, foreign interventions, government measures (including (without limitation) foreign exchange controls, confiscations, nationalization, devaluation), market conditions, inability to communicate with the required person or organization, error upon transmission of a message or failure of the communication system, computing center owned by Comert, the Client, the market, the administration or the clearing system.

13. Intellectual property and confidentiality

All copyrights, trademarks, trade secrets and other intellectual property rights under Comert’s online trading platform (“Trading Platform”) must always remain the exclusive and absolute property of Comert and / or its third party service providers. providing services to Comert. The client has no right to this property, with the exception of the right to use the online trading platform in the manner prescribed in this Agreement. The Client accepts that the Trading Platform (s) is the confidential and proprietary property of Comert, and it has been developed with the time, effort and skill of the specialists and the money of the company. The Client agrees and guarantees the confidentiality of Comert and / or its third party service providers whenever its employees and agents are given access to the trading platform, if necessary. The client undertakes not to publish, disclose to third parties or distribute in any other way any information related to the trading platform of Comert. The Client undertakes not to copy, modify, decompile, reproduce, rebuild or make systems based on the Comert trading platform.

14. Compensation for damage

Client disclaims liability to Comert, its partners, employees, agents, heirs and successors for all debts, losses, damages, costs and expenses, including costs of a lawyer, incurred by the Client due to: (i) his own error, delay in fulfilling any of the terms of this Agreement or (ii) if the data or guarantees presented by the Client are found to be incorrect or false. The Client also agrees to reimburse Comert on time for all losses, costs and expenses, including attorney’s fees and other professional fees incurred by Comert as a result of following the terms of this Client Agreement or any other Agreement entered into between Comert and the Client.

15. Disclosure of customer information

Comert undertakes not to disclose or sell information regarding its current and / or potential Clients, except for the transfer of information necessary for conducting business activities and fulfilling the terms of this Agreement by Comert on behalf of the Client, to its employees, workers, agents, partners , partners and colleagues, if the situation so requires, including, but not limited to, banking and lending operations of Comert in accordance with the Comert Privacy Policy. Comert has the right to disclose information to a statutory and common law court, regulatory or enforcement agency, if requested to provide the required information from one of the above authorities.

16. Joint and / or fiduciary accounts

If several individuals appear as the Client signing this Agreement with the Client, they all agree that they take joint responsibility for the obligations provided for in this Agreement. In the event that a corporation, limited liability company, trust, partnership, unincorporated association or other trustee appears as the Client in this Agreement, the Client hereby agrees to release Comert from all liability for losses, complaints, expenses, damages and expenses, including attorney fees, incurred directly or indirectly by him as a result of a breach of the terms of the contract by a trustee or other authorized person.

17. Amendments

The Client accepts, understands and agrees that Comert may amend and modify the Client Agreement at any time, including all Appendices. Comert must notify the Client of these amendments or changes by sending him an email or posting this amendment or change statement on the official website of Comert. The Client agrees to accept the terms of these amendments or changes no earlier than: (i) ten (10) days from the date Comert posted a notice of such amendment or change on the website; or (ii) the effective date or the closing date of the order. In the event that the Client objects to the introduction of these amendments or changes, he agrees to the closure of open positions and instructs Comert to liquidate all assets held in his account within ten (10) days from the publication of the notice of the amendment or change. on the website. No waiver or amendment to this Agreement may arise from existing business practices between the parties or from an error by Comert or its agents in asserting their rights under the terms of this Agreement. No verbal agreement or instruction to the contrary should be considered and will not be enforceable.

18. Termination of the customer agreement

This Client Agreement will remain in effect until terminated by either the Client or Comert. Customer may terminate this Agreement if: (i) Customer has no obligation to Comert; (ii) the Client has sent written notice to Comert by email at manager @ comert.company; and (iii) this written termination statement has been effectively accepted by Comert in accordance with clause 12 of this Agreement. Comert may also terminate this Agreement at any time following the transmission of written notice to Customer of the termination of the Agreement. Termination of this Agreement shall not in any way affect the commercial transactions and CFD transactions conducted up to that moment, and shall not release any of the parties from the obligations set forth in this Agreement. No such declaration of termination of this Agreement by Comert shall relieve Customer of the obligations arising from the deficit balance.

19. Entire Agreement

This Agreement Agreement with the Client, including the Client’s Application for opening a trading account, as well as all Appendices applicable to them, constitute the full scope of agreements between the parties, superseding all previous written and oral agreements.

20. Entries

Client accepts and understands that all negotiations between him and Comert personnel, including but not limited to directors, agents, employees or partners, Comert’s trading department and customer support, are initiated and agreed by Comert , can be recorded with or without automatic voice announcement. The client also agrees to the use of these records and transcripts as evidence in resolving disputes that may arise between the parties, including disputes regulated by the Financial Commission.

21. Binding nature of the agreement

This Client Agreement is long-term and shall apply, individually or jointly, to all Client’s accounts ever opened or reopened with Comert, regardless of changes or changes that occur at any time, with or with Comert staff. heirs, successors, or partners. This Agreement, including all permissions, shall be effective and beneficial to Comert. If at any time any provision of this Agreement is, or will subsequently become, illegal, invalid or unenforceable in any way under the laws of any jurisdiction, this will not affect the legality, validity and enforceability of the rest of the provisions of this Agreement. If any invalid, unenforceable or illegal provisions become lawful, enforceable or legal by removing some part of one or more of them, the parties agree to agree and amend this provision (s) in order to preserve and enforce to the maximum extent possible. the original meaning of these provisions.

22. Law and jurisdiction

This Client Agreement shall be governed by and construed in accordance with the legislation on. Anguilla. Any disputes, disagreements and controversial issues between the Client and Comert will be resolved through negotiations between the parties. If the parties fail to reach an agreement, they agree to resolve the disputed issues by referring them to the Financial Commission (the Financial Commission, www.financialcommission.org). If no decision can be made on any dispute, the British Anguilla court shall have exclusive jurisdiction to resolve such disputes. The client cannot take any action arising from this Agreement, regardless of the form, more than 45 days after the reason for such action.

This client agreement is a legally binding document. Do not click the “I agree” button if you have not fully familiarized yourself with all its provisions and have not completed an application for opening a client account.

By clicking the “I agree” button, you confirm and agree that you have fully read and understood the provisions of this Client Agreement, as well as all its annexes, including the Permission to transfer funds, Consent to the provision of account statements in electronic form, Agreement on the use collateral, Risk Disclosure Statement, and Comert’s principles and procedures for trading. By clicking the “I agree” button, you confirm and warrant that all information provided by you in the Application for opening a client’s trading account is true and complete. By clicking “I agree”, you accept the terms of this Client Agreement.

 

APPENDIX A

Consent to provide account statements electronically

The Client hereby agrees to receive account statements online. The client will be able to generate daily, monthly and annual account statements with a detailed description of transactions and trading activity, including profit and loss statements, reports on open positions and margin balance, credits and debits on the trading account, etc. The statement will be considered received. if Comert has made it available to the Client, regardless of whether or not the Client actually obtained access to the account statement. The client is responsible for notifying Comert of any changes to his email address.

 

APPENDIX B

Authorization to transfer funds

The Client hereby agrees that Comert may, at any time and at its sole discretion, perform transactions and transfer from any of the Client’s Accounts with Comert to any other account of the Client, regardless of whether it is located in Comert or is serviced in other authorized financial institutions, any CFDs, currencies, securities or other assets of the Client, held alone or jointly with third parties in another account.
Payments sent to any of Comert’s bank accounts or to Comert’s account owned by third party payment service providers (PSPs) will be credited to the account upon receipt of the debt-free funds. Comert is not responsible for any payments sent that have not been received or credited to such accounts, whether the reason is technical or related to fraud on the part of the bank or payment service provider to which the funds were sent. Comert will always act in the interests of its clients and will try to help the Client track and cancel any such payments, however, the Client, as the sender of the payment, is obliged to do everything necessary to return funds from the bank or payment service where the funds were transferred.

APPENDIX C

Collateral use agreement

Client authorizes Comert to sell, pledge, re-issue, assign, invest, combine and otherwise use any Collateral held by Comert, including but not limited to using CFDs as collateral for a loan from Comert and further transactions with Collateral. as provided in the Client Agreement (including but not limited to clause 6). If the Client has more than one account with Comert, this authorization applies to all of the Client’s accounts with Comert. This Collateral Use Agreement shall remain in effect as long as the Client’s trading account (s) with Comert is valid or the Client has any obligations to Comert under the Client Agreement.

 

APPENDIX D

Risk Disclosure Statement

Subject to Comert’s consent to enter into CFDs on behalf of the Client for instruments such as currencies, stocks, debt securities, indices and commodities (“CFDs”), the Client acknowledges, understands and agrees that:

1. Trading is speculative and CFDs are a high risk asset. Trading CFDs is only suitable for those clients who (a) understand and are willing to assume the economic, legal and other associated risks, and (b) are financially capable of accepting losses significantly in excess of Margin and deposit. CFDs are not a suitable investment for retirement funds. The Client declares, agrees and warrants that he understands these risks, and that the Client is willing and able, financially and otherwise, to assume the risks associated with CFD transactions and that the loss of the entire balance in the Client’s Account will not affect the overall standard of living The client.
2. High leverage and low margins can lead to rapid loss of funds. When performing CFD transactions, Clients must always maintain the minimum required margin on their open positions. The client is obliged to independently monitor the balance of his trading account. Comert has the right to liquidate any or all open positions if the minimum margin requirement is not met and the minimum margin requirement is exceeded. Increasing leverage increases your risk.
3. Pricing, margin and settlement of positions are set by Comert and may differ from those quoted elsewhere. Comert will provide prices that will be used in trading, calculating Client positions and determining margin requirements. While Comert expects these prices to be reasonably consistent with those available in the interbank market, the prices offered by Comert may differ from those available to banks and other participants in the so-called interbank market. Comert will have discretion in the calculation and collection of the margin. Comert is authorized to convert the funds in the Client’s Account into Margin. When converting to (from) Foreign Currency, the exchange rate will be determined by Comert at its discretion based on the prevailing market rate at the time of conversion.
4. Market orders placed through Comert’s dealing desk by telephone are deemed to have been executed when a Comert representative advises that the transaction is “placed” or “done”. After the transaction, the Client can cancel the Market Order. By placing market orders through the dealing department of Comert, the Client agrees to such immediate execution and assumes all associated risks of this function.
5. Market recommendations are informational in nature, the Client makes independent decisions, and Comert is not a consultant or proxy for the Client. The market recommendations provided by Comert do not constitute aAn offer to buy or sell CFDs does not constitute an offer offer. Each decision of the Client to conclude a CFD transaction or other transaction with Comert is an independent decision of the Client. Comert does not act as a consultant and is not a trustee of the Client. The Client agrees that Comert has no fiduciary obligations to the Client and is not liable in relation to these obligations, as well as claims, losses, and expenses, including attorneys’ fees incurred by the Client when he acted in accordance with the trading recommendations of Comert or has not taken any action based on any recommendation or information provided by Comert.
6. The general market guidance provided by Comert is based solely on the judgment of Company personnel and should be treated as such. The client acknowledges that he enters into any transactions relying on his own judgment. Any market recommendations provided by Comert are general in nature and may or may not correspond to the market positions or intentions of the Company and / or its subsidiaries. Comert’s general market recommendations are based on information believed to be reliable, but the Company does not guarantee that following such general recommendations will reduce or eliminate the risk associated with CFD trading.
7. Each CFD operation is a contract directly between Comert and the Client. There is no clearing house or clearing center and no other party guarantees the fulfillment of Comert’s payment obligations to the Client. Any inquiries to evaluate the performance of any CFD operations in the Client’s Account, or to request a return of Margin or Collateral, must be directed by the Client directly to Comert.
8. The client understands and agrees that Comert, including its representatives, does not provide any guarantees of profit or freedom from loss. The client is aware of the risks associated with trading CFDs and is able to assume such risks and withstand any losses incurred.
9. Under certain market conditions, it may not be possible to liquidate a position at the price indicated by the Client. In this case, the Client agrees that the execution of the order to close at the agreed price is impossible, and Comert is not responsible for the impossibility of closing the position.
10. In the event that the Client grants trading rights or control over the Client’s Account to a third party (the “Trading Agent”), on a discretionary or non-discretionary basis, Comert is not responsible for verifying the Client’s choice and will not make any recommendation regarding the trading agent. Comert is not responsible for the Client’s losses caused by the actions of the Trading Agent; and Comert will not, indirectly or otherwise, endorse, endorse or evaluate the Trading Agent’s practices. If the Client grants the Trade Agent the authority to carry out any operations or obligations in relation to his trading account, this decision is the Client’s personal decision, and the Client assumes all risks associated with such a decision. Although the undersigned Client grants authority to the Trading Agent, the Client should exercise discretion and closely monitor the activity on his trading account.
11. Internet trading. Since Comert does not control the signal strength, its reception or routing over the Internet, the configuration of the Client’s equipment or the reliability of its connection, Comert is not responsible for any claims, losses, damages, costs or expenses, including attorney’s fees, caused directly or indirectly , any malfunction or failure of any transmission and / or communication system, computer equipment or trading software owned by Comert, the Client, any market or any settlement or clearing system when the Client trades online (via the Internet).
    Comert shall not be held liable for interruptions or malfunctioning of telephone lines when executing Client’s trade orders for the execution of transactions by telephone (if such a service is available and offered by Comert).
    In the event of a quotation error due to incorrect price entry or incorrect quotation by phone and / or electronic means (including responses to customer inquiries),
12. Comert is not responsible for incorrect quotation errors and reserves the right to correct errors in the event if they took place at the conclusion of the transaction. If an error occurs as a result of incorrect quotation, which resulted in the Client entering into a transaction at a non-market price, Comert has the discretionary right to make the necessary corrections and adjustments to the Client’s account.
13. but, regardless of whether this deal had a positive impact on his budget or not. Any dispute arising out of such quotation errors will be resolved by Comert in its sole discretion based on the fair market value of the relevant currency at the time the error occurred. Where the prevailing market presents prices different from the prices that Comert has posted on our screen, Comert will try its best to trade at prices close to or near market prices. These prevailing market prices will be prices that are ultimately reflected in customer claims. This may or may not negatively affect the realized and unrealized gains and losses of the client.
    In cases where the market is dominated by prices other than those displayed on the Comert Trading Platform, the Company will make every effort to execute trades at or close to those prevailing in the market. This may, in turn, affect the realized and unrealized profit and loss of the Client.

 

APPENDIX E

Principles and procedures for trading at Comert

1. Introduction
   The principles and procedure for trading at Comert are an integral part of the Client Agreement. You, as a Client, should carefully read these principles and trading procedures and inform Comert of any questions or objections you may have in relation to them, prior to performing any trading transaction. When trading with Comert, you agree, confirm, warrant that you understand and accept these Trading Principles and Procedures, which are set out below and which may be amended and modified from time to time at the discretion of Comert, and agree to comply with the applicable Trading Principles and Procedures. at Comert.
2. Trading Hours
   All trading times and trading hours at Comert are in Eastern European Time (EET), in a 24-hour format. Comert usually provides access to CFDs on the website from 00:00 EET on Monday to 23:00 EET on Friday. Comert reserves the right to suspend or change its trading hours at any time at its sole discretion and will do its best to notify its clients in advance of these changes. Once a trading order has been sent, the Client is solely responsible for remaining available for order confirmations and position filling, as well as for other communications regarding the Client’s Comert Account, until all open positions have been closed. Thus, the Client must constantly monitor his trading account when there are Open Positions on the Client’s account.
3. Client account; initial deposit
   3.1. Before placing a trading order with Comert, the Client must complete an Application for opening a trading account and familiarize himself with all provisions of the Client Agreement, including the Risk Disclosure Statement, as well as these Trading Principles and Procedures and all applicable amendments, as well as deposit a sufficient amount of cash. funds to your account.
   3.2. The US Dollar (USD) follows the Account currency, all initial deposits for opening a Client Account will only be accepted in US Dollars, and unless settlement and delivery of foreign currency is made, all account balances will be calculated and reported in US Dollars only.
   3.3. The deposit will not be deemed received and credited to the Client’s trading account until the bank transfer or check has been fully cleared of fees and charges and received by Comert or the custodian institution. You will be notified via the online account management system as soon as your funds are received by Comert and are available for trading.
4. Margin requirements
   The client must provide and maintain the required level of margin, to the extent that Comert may require in its sole discretion. Comert does not require Clients to pay in full the value of the contracts for difference (CFDs) that the Client can buy and sell. Instead, the Client is required to deposit a small percentage of the full amount that the Client is required to pay to Comert in order to secure its obligations to Comert. Margin includes the required margin to maintain open positions, which is calculated based on (i) the Required Margin to open a position; (ii) Minimum Margin Requirements; (iii) the market value of open positions; and (iv) any additional amount that Comert, in its sole discretion, considers appropriate. The Client must comply with the Minimum Margin Requirements for their open positions. Comert has the right to liquidate any or all open positions in case of non-compliance with the minimum margin requirement in accordance with clause 5 of the Client Agreement. Margin requirements are subject to changeat any time in the sole discretion of Comert and without prior notice. Comert may, at its sole discretion and at any time, impose limits on the maximum number of open positions.
5. Liquidation of positions
   Subject to all additional rights of Comert under this Client Agreement, in the event that Comert decides that it would be wiser, taking into account the prevailing market spot rates at that time, and also regardless of whether the Margin Call triggered if The Margin Balance on the Client’s account at any time will be equal to or below the Minimum Margin Requirement, Comert will have the right, but not the obligation, to liquidate any part or all of the Open Positions in the Client’s account. Clients are responsible for placing Stop Loss orders on their own to minimize losses. Any failure by Comert to enforce its rights under this Agreement shall not be deemed a future waiver of such rights by Comert.
6. Margin call
   Comert does not use margin calls in the course of its business. Comert reserves the right to liquidate the Client’s positions as described above. However, Comert may, from time to time and in its sole discretion, require the Client to post additional collateral to secure the Client’s obligations to Comert. Any request for additional margin security without exercising the right to liquidate the Client’s positions should not be construed as a precedent for future claims or future waiver of such liquidation rights by Comert.
7. Withdraw funds
   To make a payment from the Client’s account, it is necessary to submit a withdrawal request via the Comert website. The client must provide all the necessary information for such a payment. After receiving the withdrawal request, Comert will notify the Client of its receipt. The minimum processing time for a withdrawal request is two (2) business days from the date of its receipt.
8. Minimum account balance
   If the balance on the trading account falls below $ 0.01, it will be debited from the account.