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T&C
Client Agreement Terms and Conditions
Terms and Conditions
Document Control
- Document Owner: ActivBrokers
- Approval Date: 01/01/2021
- Revisions/Changes: Initial version
Contents
- Definition of Terms
- Introduction
- General Information
- Communication and Notifications
- Record Retention
- Services
- Scope of Services
- Market
- Client Registration and Eligibility
- Client Classification
- Re-Classification Requests
- Account Types and Management
- Account Opening
- Trading Platform
- Demo Accounts
- Order Execution Policy
- Commissions and Charges
- Payments and Withdrawals
- Reporting Transactions and Account Statements
- Risk Disclosures
- Complaints Handling
- Regulatory and Legal Obligations
- Miscellaneous
1. Definition of Terms
This Client Agreement includes specific terms that apply to the services offered by ActivBrokers. Clients are responsible for understanding the meanings and implications of each term as they relate to trading activities, account management, and the overall client relationship with ActivBrokers.
2. Introduction
ActivBrokers is committed to providing high-quality investment services to our clients. This Client Agreement outlines the terms, responsibilities, and obligations of ActivBrokers and its clients in their engagement. By accepting these terms, clients confirm their understanding of and compliance with this agreement and all future amendments. ActivBrokers operates under the regulatory guidance of relevant financial authorities and adheres to best practices in client service and investment management.
General Information
ActivBrokers provides a range of financial services to clients, including order execution, portfolio management, and investment advice. All services are delivered via our online trading platform, where clients can execute transactions in foreign exchange, derivatives, and other financial instruments.
Communication and Notifications
Clients may communicate with ActivBrokers through various channels, including telephone, email, and secure messages through the trading platform. ActivBrokers retains the right to record all communications for security and compliance purposes.
3. Services
Scope of Services
ActivBrokers offers several investment services, including but not limited to:
- Reception and Transmission of Orders: Clients may place orders for various financial instruments.
- Execution of Orders: ActivBrokers executes orders on behalf of clients, ensuring timely and accurate transaction processing.
- Portfolio Management: Professional management of client portfolios based on agreed investment strategies.
- Investment Advice: Provided to clients who meet the suitability requirements and request advisory services.
4. Client Registration and Eligibility
Client Classification
ActivBrokers categorizes clients as Retail Clients, Professional Clients, or Eligible Counterparties based on the European Securities and Markets Authority (ESMA) standards. Each classification carries different levels of protection, with Retail Clients receiving the highest level of investor protection.
Re-Classification Requests
Clients may request to be reclassified under a different client category. Requests will be reviewed based on eligibility criteria and supporting documentation provided by the client.
5. Account Types and Management
Account Opening
Clients are required to complete a registration process, submit KYC (Know Your Customer) documentation, and complete an Appropriateness Test to open a trading account with ActivBrokers. Failure to complete the KYC requirements may result in account restrictions.
Trading Platform
ActivBrokers provides access to the MetaTrader 5 (MT5) trading platform for executing trades, monitoring market data, and managing account information.
Demo Accounts
Demo accounts are available for clients to practice trading before opening a live account. Demo accounts are valid for a limited period and are subject to ActivBrokers’ terms of use.
6. Order Execution Policy
ActivBrokers is committed to achieving the best possible execution results for client orders. Clients may place orders for immediate execution or as pending orders. Detailed information regarding order processing, transaction methods, and order types can be found in our Order Execution Policy.
7. Commissions and Charges
ActivBrokers charges commissions, spreads, and rollover fees, which are disclosed on our website. These fees may vary depending on market conditions, account type, and trading volume.
8. Payments and Withdrawals
Clients may deposit funds into their trading accounts through various payment methods. Withdrawals are processed within a specific timeframe and are subject to verification procedures. ActivBrokers reserves the right to request additional documentation for verification.
9. Reporting Transactions and Account Statements
ActivBrokers provides account statements, transaction reports, and order confirmations to clients on a regular basis. Clients are responsible for reviewing these reports and promptly notifying ActivBrokers of any discrepancies.
10. Risk Disclosures
Trading in financial instruments involves significant risks. Clients should carefully consider their investment objectives, financial situation, and risk tolerance before engaging in trading activities. A full disclosure of risks is available in the Risk Disclosure Statement on our website.
11. Complaints Handling
ActivBrokers is committed to resolving client complaints in a timely and transparent manner. Clients may submit complaints through the trading platform or by contacting our support team. Complaints will be addressed following our Complaints Policy, which is available on the ActivBrokers website.
12. Regulatory and Legal Obligations
ActivBrokers complies with all applicable regulations, including anti-money laundering (AML) laws, data protection laws, and client asset protection requirements. Client information is treated with strict confidentiality, and data protection measures are in place to ensure the security of client data.
13. Miscellaneous
Amendments
ActivBrokers reserves the right to amend these terms and conditions at any time. Amendments will be posted on the website, and clients are responsible for regularly reviewing the terms.
Governing Law
This Client Agreement is governed by the laws of Mauritius, and any disputes arising from this agreement will be subject to the exclusive jurisdiction of the courts in Mauritius.
13.1 Client’s Obligations:
- Clients are responsible for the accuracy of provided information.
- Definitions for essential trading terms, including balance, equity, margin, leverage, and stop-out, are provided.
13.2 Margin Requirements:
- Detailed conditions for opening and maintaining trading positions.
- Includes procedures for insufficient margin, margin calls, and stop-outs.
13.3 Islamic (Swap-free) Accounts:
- Terms for Islamic accounts, including criteria and compliance with religious beliefs.
- Provisions for account conversion and abuse prevention measures.
13.4 Dormant and Suspended Accounts:
- Definitions of dormant and suspended accounts.
- Conditions for reactivation and associated fees.
13.5 Dormant and Suspended Accounts:
Definitions of dormant and suspended accounts.
Conditions for reactivation and associated fees.
Inactivity Fee:
ActivBrokers reserves the right to charge an inactivity fee of $99 USD to any trading account that remains inactive for a period of seven (7) consecutive business days, where no trades have been executed. This fee will be automatically deducted from the client’s available account balance. To avoid the inactivity fee, clients are advised to maintain regular trading activity. ActivBrokers may notify the client before charging the fee but is not obligated to do so.
Client Funds Handling:
- Protocols for segregating and safeguarding client funds.
- Conditions for account balance retention in cases of inactivity and institutional requirements for fund management.
Payments and Withdrawals:
- Clients must follow anti-money laundering protocols.
- Conditions for depositing and withdrawing funds, including documentation requirements.
- Potential fees for certain account behaviors, such as abuse or inactivity.
Order Execution Policy:
- Description of order execution processes and policy adherence for obtaining best results for clients.
Indemnification and Liability
- Client’s Responsibility: The client must indemnify the company for any loss or liability arising from breaches of terms.
- Liability Exceptions: The company limits its liability for losses due to third-party errors, missed opportunities, or certain unforeseen events like technical issues or price feed errors.
- Age and Residency Restrictions: Clients must be over 18 and reside within the EEA to use the company’s services.
Assurances and Guarantees
- Client’s Funds: Clients guarantee the legitimacy of funds, ensuring they are not proceeds from criminal activities.
- Responsibility for Account Usage: Clients must ensure only they have access to their account and assume liability for all transactions.
- Compliance with Local Regulations: Clients are responsible for following local laws and regulations before using the company’s services.
Complaints Handling
- The company commits to a fair, transparent complaints process and has measures in place to avoid conflicts of interest. Clients are directed to the company’s complaints policy on its website.
Conflicts of Interest
- Policy for Managing Conflicts: The company’s Conflicts of Interest Policy addresses scenarios where company interests might conflict with client interests, ensuring transparency and fairness.
FATCA and CRS Compliance
- Information Sharing: To comply with FATCA and CRS, the company may disclose client information to tax authorities, as needed. Clients agree to this by accepting the terms.
Transaction Reporting (EMIR and MIFIR Compliance)
- EMIR Reporting: The company follows EMIR guidelines for trade transparency, disclosing necessary information to trade repositories.
- MIFIR Requirements: Clients must provide legal identifiers (e.g., LEI) to facilitate regulatory reporting.
Product Governance
- Product Suitability: The company’s Product Governance Policy ensures financial products are suitable for clients’ needs, risk tolerance, and objectives, with information collected during onboarding.
Investor Compensation Fund (ICF)
- Client Protection: The ICF provides compensation in cases where the company cannot return client funds or instruments due to financial issues.
Force Majeure
- Definition and Impact: Force majeure events, including natural disasters, wars, or technical failures, may excuse the company from fulfilling obligations.
- Actions During Force Majeure: The company may suspend services, adjust requirements, or take other necessary actions during such events.
Event of Default
- Trigger Events: If a client breaches terms or encounters financial or legal issues (e.g., bankruptcy), the company may take actions, such as closing the account or liquidating open positions.
"Empowering clients for informed trading success – innovation, integrity, commitment."
Juarez Cardoso
CEO of ActivBrokers
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ActivBrokers.com is a globally recognized trading platform offering access to a wide range of financial instruments, including forex, indices, commodities, and CFDs. Designed for both new and experienced traders, the platform combines intuitive user interfaces with powerful trading tools to support smart, confident decision-making.
Regulatory Framework:
ActivBrokers.com operates under a robust offshore regulatory structure that allows it to serve clients worldwide in full compliance with international standards. Our multi-jurisdictional framework ensures flexibility, client protection, and operational transparency, helping investors benefit from secure and seamless trading experiences regardless of their location. We adhere to strict due diligence and compliance procedures aligned with best practices in global financial services.
Risk Disclosure:
Trading leveraged products such as forex, CFDs, and other derivatives involves risk and may not be suitable for every investor. It’s important to consider your investment goals, level of experience, and risk appetite before engaging in trading. As with any investment, never trade with funds you cannot afford to lose.
Availability Notice:
ActivBrokers.com is committed to providing high-quality services to clients around the world. While we welcome traders from most jurisdictions, our services may be limited in certain regions where local laws or regulations restrict such financial activities. It is the client’s responsibility to ensure that the use of our services is in accordance with applicable laws in their country of residence.
Independent Guidance Recommended:
We encourage all clients to seek independent financial, legal, or tax advice before entering the financial markets. Information provided on ActivBrokers.com is educational and informational in nature and should not be considered investment advice.
Commitment to Client Success:
ActivBrokers.com is dedicated to helping clients achieve their trading goals through advanced technology, professional support, and a secure environment. Our platform is built for performance, trust, and long-term partnership — wherever you are in the world.
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