Dear Client,
Please read carefully and fully understand the above agreement, as it serves as an official agreement between you and IFX4U, therefore its understanding is the client's responsibility. Please not that this is a general agreement only, and additional conditions may apply. The inquiring and learning of the additional conditions is client's responsibility, while the company is obligated to provide all necessary documentation if required.
Costumer Agreement
Authorization to Trade
IFX4U will engage in Traded Contracts transactions with the Customer in accordance with Customer's oral, written or electronic instructions. IFX4U will act as the counterparty to the Customer in all such transactions. Unless instructed by the Customer to the contrary in writing, IFX4U is authorized to execute all Orders with such counterparty banks, sophisticated institutions, registered participants or IFX4U itself, as IFX4U deems appropriate.
Margins and Deposit Requirements
The Customer shall provide to and maintain with IFX4U margin in such amounts and in such forms as IFX4U, in its sole discretion, may require. IFX4U may change margin requirements at any time. No previous margin requirement by IFX4U shall prevent IFX4U from increasing that requirement without prior notice. IFX4U retains the right to limit the amount and/or total number of open positions that the Customer may acquire or maintain at IFX4U. IFX4U shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions including but not limited to loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to a breakdown in or failure of any transmission or communication facilities. For example, in volatile market conditions, the margin call may be delayed resulting in the possibility of a negative usable margin; a margin call may occur even if positions are hedged due to currency conversion rate or daily interest.
Chargeback Policy
1. IFX4U reserves the right to charge a “150 USD research fee” if a chargeback is placed with your credit card company (either intentionally or unintentionally) for any deposit made to your account. This fee will be used to cover all investigative expenses to prove that the deposit was made by you upon receiving the chargeback from our merchant provider.
2. All fraud including credit card fraud will not be accepted by IFX4U and as such will be fully investigated and pursued under the law to its fullest extent. Any losses resulting on our behalf will be fully pursued in a civil lawsuit to claim back any losses incurred covering all business, legal fees, research costs, human resource and loss of income.
3. We have systems installed to monitor fraudulent activities and any transactions that are detected are immediately cancelled along with any orders associated with the transaction. We have at our disposal a database of black listed users to prevent any possible fraudulent activity through our trading platform.
4. Any chargebacks made to us will be regarded as fraudulent if no attempt is made by the client to help solve any issues related to a deposit. All unnecessary chargebacks result in costs for our company and therefore:
a) When suspicious activity relating to any deposit is detected by us, the respective deposit will be placed as ‘Pending’ and fraud detection checks will be performed during this time. Access to your account will also be temporarily prohibited in order to reduce your exposure to risk.
b) All reviews are generally completed within four (4) to six (6) hours; however, it may take longer for those deposits posing a potentially higher risk as more extensive fraud detection checks will be performed by our compliance department. As a backup precaution, we may also make direct contact with you. The deposit will be immediately cancelled and the funds will be refunded to the credit card in the case that the deposit is determined to be high-risk or does not comply with our Fraud and Security policies. In addition, it is at our sole discretion to close any (and all) of your accounts with us in such cases. Any active orders will be cancelled immediately if associated with the same fraudulent credit card and/or account.
c) Any chargeback case that is made against our company and is not successful will result in the sum being reimbursed to us along with charges for research and processing totaling 300 USD (the '150 USD research fee' as mentioned above and an additional '150 USD administrative processing fee'). Through this agreement you hereby give permission for any charges to be made to your credit card; if these charges are in anyway disputed, we reserve the right to take any legal action necessary in order to recover any losses associated with these claims.
d) Any charges that are made against us and result as inconclusive will be passed to a third party agency for collection and the appropriate credit bureaus will be informed of your actions, leading to your credit rating being affected for a minimum period of 7 years. Once the case reaches this stage, no settlement of your debt will be accepted, we will only accept full payment. Your local police department will also be informed and all necessary action will be taken as allowed by law. In addition, we will exercise our right to block your on-line Trading facility and terminate your account with us. Consequently, any profits or revenues may be seized and we reserve the right to inform any third party. We are continually developing tools to monitor any fraudulent activity and any cases from such activity will be decided on by ourselves and any decision made shall be final and non-negotiable.
e) We reserve the right to deduct the disputed amount until any investigation from our side is completed.
5. Fraud is taken very seriously by IFX4U, all IP addresses are monitored and logged and any fraudulent chargebacks will be investigated fully under the law.
Liquidation of Accounts
In the event of:
a. the death or judicial declaration of incompetence of Customer;
b. the filing of a petition in bankruptcy, or a petition for the appointment of a receiver, or the institution of any insolvency or similar proceeding by or against Customer;
c. the filing of an lien against any of Customer's accounts carried by IFX4U;
d. insufficient margin, or IFX4U determination that any collateral deposited to protect one or more accounts of Customer is inadequate, regardless of current market quotations, to secure the account;
e. Customer's failure to provide IFX4U any information requested pursuant to this agreement (for example KYC); or
f. any other circumstances or developments that IFX4Udeems appropriate for its protection, and in GM IFX4Usole discretion, it may take one or more, or any portion of, the following actions:
i. satisfy any obligation Customer may have to IFX4U, either directly or by way
ii. sell any or purchase any or all currency contracts, securities or other property
iii. cancel any or all outstanding orders or contracts, or any other commitments of guaranty of surety, out of any of Customer's funds or property in its custody or control or in the custody or control of any IFX4U affiliate; held or carried for Customer; and made with Customer. Any of the above actions may be taken without demand for margin or additional margin, without prior notice of sale or purchase or other notice to Customer, Customer's personal representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be solely Customer's or held jointly with others. In liquidation of Customer's long or short positions, IFX4U may, in its sole discretion, offset in the same settlement or it may initiate new long or short positions in order to establish a spread or straddle which in IFX4U sole judgment may be advisable to protect or reduce existing positions in Customer's account. Any sales or purchases hereunder may be made according to IFX4U judgment and at its discretion.
Carrying Positions Forward
A position will be carried forward at the initial execution price until it is eventually closed by the Customer or by IFX4U under the provisions of Liquidation of Accounts. Consistent with IFX4U policy, a position that is carried forward may be credited or debited interest charges until the position is closed.
Settlement Date and Rollover
The Customer authorizes IFX4U to rollover all Open Positions in the Customer's Trading Account, at the Customer's risk, into the next settlement time period upon such terms as IFX4U determines in its sole discretion. The positions will be rolled over by debiting or crediting the Customer's Trading Account with the amount calculated in accordance with the Company's Rollover/Interest Policy.
Deposit/Withdrawal Transactions
1. IFX4U shall neither receive nor disburse Customer's funds in cash currency. All transactions between the Customer and IFX4U shall be performed by wire and/or credit card (if applicable) or other method in which the identities of both the sending and receiving parties can be verified by IFX4U and which IFX4U in its sole discretion shall deem appropriate. IFX4U shall not accept deposits from any third party to the Customer's account; IFX4U shall not withdraw any funds from Customer's account to any third party. IFX4U shall perform wire transactions only between Customer's IFX4U account and another account which is held in Customer's name or of which Customer clearly demonstrates ownership to IFX4U.
2. Deposits and Withdrawals to/from Trading Accounts are done during the working hours of the Company’s Back Office Department. The Company assumes the responsibility to process withdrawal requests within three business days from their receipt.
3. The Client has the right to withdraw any amount from his/her Trading account assuming this does not create a compulsory close of any open positions due to insufficient margin.
4. Withdrawals can only be sent via the same money transfer method that was used when depositing funds. In the case of withdrawing an amount bigger than the deposit amount the excess amount is sent via a different money transfer method.
5 IFX4U may charge any fees for deposits or withdrawals. If any fees are applied they are charged by the payment gateway vendor, bank or credit card company. IFX4U does not cover these charges. These charges are covered by the end sender/receiver of the funds.
6. In case any illegal financial activity is suspected, we reserve a right to delay the deposit and withdrawal until the investigation is completed.
7. In case a client`s deposit cannot be withdrawn via the same method as the one used for the initial deposit, we reserve the right to delay the withdrawal until we carry out an anti-money laundering investigation.
8. If the Client does not trade sufficient trade volume in his/her trading account fund withdrawals can only be sent into the same payment gateway that was used when depositing into the account. The level of ‘sufficient trade volume’ is established by the Company at its own discretion.
9. The Company reserves the right to deduct from the trading account an amount as compensation, if the account did not trade sufficient trade volume, and the account was used for the purpose of converting funds from one payment gateway into another. The ‘sufficient trade volume’ is established by the Company at its own discretion.
Joint Accounts
If more than one natural person executes this Agreement as the Customer, all such natural persons agree to be jointly and severally liable for the obligations assumed in this Agreement. If this Agreement is executed by a trust, unincorporated association, partnership, custodian or other fiduciary, such the Customer hereby agrees to indemnify, defend, save and hold free and harmless IFX4U for any liabilities, claims, losses, damages costs and expenses, including attorneys' fees, resulting directly or indirectly from breach of any fiduciary or similar duty or obligation or any allegation thereof, including attorneys' fees.
Recordings
The Customer agrees and acknowledges that all conversations regarding the Customer's account(s) between the Customer and IFX4U personnel may be electronically recorded with or without the use of an automatic tone-warning device. The Customer further agrees to the use of such recordings and transcripts thereof as evidence by either party in connection with any dispute or proceeding that may arise involving the Customer or IFX4U. The Customer understands that IFX4U destroys such recordings at regular intervals in accordance with IFX4U established business procedures and the Customer hereby consents to such destruction.
Inter-banking system rules
1. All transactions under this Agreement shall be subject to the constitution, by-laws, rules, regulations, customs, usage, rulings and interpretations of the counter-party institution or other inter-bank market (and its clearing organization, if any) where executed and to all applicable laws and regulations.
2. If any statute shall hereafter be enacted or any rule or regulation be adopted by any governmental authority, or if a contract market or clearing organization shall become binding upon the Company and shall affect, in any manner, or be inconsistent with any of the provisions hereof, the affected provisions of this Agreement shall be deemed modified or superseded, as the case may be, by the applicable provisions of such statute, rule or regulation, and all other provisions of this Agreement and provisions so modified shall, in all respects, continue to be in full force and effect.
Trading Recommendations
The Customer acknowledges that:
a. Any market recommendations and information communicated to the Customer by IFX4U or by any person within the company, does not constitute an offer to sell or the solicitation of an offer to buy any Traded Contracts.
b. Such recommendation and information, although based upon information obtained from sources believed by IFX4U to be reliable, may be based solely on a broker's opinion and that such information may be incomplete and may be unverified, and
c. IFX4U makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to the Customer. The Customer acknowledges that IFX4U and/or its officers, directors, affiliates, associates, stockholders or representatives may have a position in or may intend to buy or sell currencies, which are the subject of market recommendations furnished to the Customer, and that the market position of IFX4U or any such officer, director, affiliate, associate, stockholder or representative may not be consistent with the recommendations furnished to the Customer by IFX4U.
d. The Customer acknowledges that IFX4U makes no representations concerning the tax implications or treatment of Traded Contracts.
Prohibited Trading
1. The Customer agrees and acknowledges that the service provided by IFX4U to the Customer hereunder is not adapted for certain trading techniques commonly known as "picking/sniping", "scalping" or the use of certain automated trading systems or “Expert Advisors”. In the event of the Customer employing such techniques, the Customer agrees and acknowledges that IFX4U may at IFX4U's sole discretion take one or more, or any portion of, the following actions:
a. close the Customer's account;
b. suspend the Customer's account for an indefinite period of time;
c. carry out an investigation on the Customer's account for an indefinite period of time;
d. charge a penalty fee to the Customer in the same or greater amount of money that resulted from the Customer using such techniques or e. close the account, confiscate any profits that arose from prohibited trading techniques and return the original deposit(s) to the account holder. If profits arising out of Prohibited Trading were already withdrawn, profits can be confiscated from the client’s related accounts in order to make up for the difference.
Assurances and Guarantees
The client assures and guarantees that:
a. The funds belong to the client and are free of any lien, charge, pledge or any other encumbrance
b. The funds are not the direct or indirect proceeds of any illegal act or omission or product of any criminal activity
c. The client guarantees the authenticity and validity of any document sent to IFX4U during the account opening process and also during the life of the trading account.