Client Agreement

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Last Updated on : 01-Oct-2023

1. Introduction

1.1 The Agreement is entered by and between Angel Trade (SC) Ltd (“the Company”) on the one part and the Client (which may be a legal entity or a natural person) who has completed the Account Opening Application Form (hereinafter called the “Client”) on the other part.

1.2 The Company is authorized by the Financial Services Authority of Seychelles with Securities Dealer’s

1.3 This Client Agreement with the following documents found on the Company’s website (namely “General Business Terms”, “Partnership Agreement”, “Risk Disclosure and Warnings Notice”, “Complaints Procedure for Clients” and “Bonus Terms and Conditions”), as amended from time to time, (together the “Agreement”), as well as any other documentation that may be communicated applicable to a Client as a result of his participation in any of the Company’s campaigns and/or loyalty programs, set out the terms upon which the Company will offer Services hereunder to the Client and shall govern all CFD activity of the Client with the Company during the course of the Agreement.

1.4 The Agreement overrides any other agreements, arrangements, express or implied statements made by the Company or any Introducer(s).

1.5 The Company will collect, use, store, and otherwise process personal information of the Client, as set out in the Privacy Agreement, as amended from time to time, and available on the Company’s website.

2. Interpretation of Terms

"Access Data" shall mean the login and password of the Client, which are required so as to place Orders in CFDs with the Company on the Trading Platform, and any other secret investor passwords, phone passwords or similar, used to access the Personal Area so as to perform non-trading operations.

"Account Opening Application Form" shall mean the application form/questionnaire completed by the Client, on-line on the Company’s Website and/or mobile application(s) and/or in hard copy, in order to apply for the Company’s Services under the Agreement and a Client Account, via which form/questionnaire the Company will obtain amongst other things information for the Client’s identification and due diligence, financial profile and appropriateness in accordance with the Applicable Regulations.

"Adjustment Event" means in respect of a product, where the Underlying Asset is an index, any change to the index including but not limited to the announcement of a successor index.

"Affiliate" shall mean in relation to the Company, any entity which directly or indirectly controls or is controlled by the Company, or any entity that is directly or indirectly under common control with the Company; and "control" means the power to direct or the presence of ground to manage the affairs of the Company or entity.

"Agreement" shall mean this document (Client Agreement) and various documents found on the Company’s website, namely “General Business Terms”, “Partnership Agreement”, “Risk Disclosure and Warnings Notice”, “Bonus Terms and Conditions”, “Complaints Procedure for Clients”, as amended from time to time and any subsequent Appendices added thereto.

"Applicable Regulations" shall mean (a) rules of a relevant regulatory authority having powers over the Company; (b) the rules of a relevant Underlying Market; and (c) all other applicable laws, rules and regulations of Seychelles and/or of another jurisdiction. "Ask" shall mean the higher price in a Quote at which the price the Client may buy.

"Associate": shall mean the Client which accepts to be an Associate in a Portfolio Manager`s Fund and receives a percentage of Portfolio Manager’s Performance Fee on the basis of the Fee Sharing Rate defined by the Portfolio Manager.

"Balance" shall mean the total financial result in the Client Account after the last Completed Transaction and depositing/withdrawal operation at any period of time.

"Base Currency" shall mean the first currency in the Currency Pair against which the Client buys or sells the Quote Currency. "Bid" shall mean the lower price in a Quote at which the Client may sell.

"Billing Period" shall mean: a) the period commencing on the date of the creation of a Fund or PM Strategy and ending at the last Friday of the same calendar month at 23:59:59 UTC+0 or b) Each subsequent period which succeeds the last Friday of each calendar month at 23:59:59 UTC+0 or c) any other period mentioned on the Website and/or any relevant mobile application/s or in other way will be directly communicated by Company to the relevant Clients.

"Business Day" shall mean any day other than a Saturday or a Sunday, or the 25th of December, or the 1st of January or any other international holidays to be announced on the Company’s Website.

"Client Account" shall mean the unique personalized account of the Client consisting of all Completed Transactions, Open Positions and Orders in the Trading Platform, the balance of the Client money and deposit/withdrawal transactions of the Client money.

"Client Terminal" shall mean the MetaTrader program version 4 or 5, or other platform trading facilities including (but not limited to) web and mobile, which are used by the Client in order to obtain information on Underlying Markets in real-time, make Transactions, place or delete Orders, as well as to receive notices from the Company and keep record of Transactions

"Closed Position" shall mean the opposite of an Open Position.

"Completed Transaction" shall mean two counter deals of the same size and instrument (opening a position and closing a position): i.e buy then sell and vice versa in CFD trading.

"Content Guidelines" are the rules and procedures which Portfolio Manager or PM Strategy Provider or Strategy Provider shall follow and comply with in relation to the provision of portfolio management services and social trading services respectively. The Content Guidelines will be provided by the Company from time to time and will be available on the Company’s Website and/or Portfolio Management platform and/or Social Trading system.

"Contract for Differences" (“CFD”) shall mean a contract between two parties, typically described as "buyer" and "seller", stipulating that the buyer will pay to the seller the difference between the current value of the price of an Underlying Asset and its value at contract time (if the difference is negative, then the seller pays instead to the buyer). A CFD is a Financial Instrument.

"Contract Specifications" shall mean the principal trading terms in CFD (for example Spread, Trading Commission, Swaps, Lot Size, Initial Margin, Necessary Margin, Hedged Margin, the minimum level for placing Stop Loss, Take Profit and Limit Orders, financing charges, swap charges, other charges, Partner’s commission/third party commissions etc) for each type of CFD as determined by the Company from time to time.

"Corporate Action" means the occurrence of any of the following in relation to the issuer of any relevant Underlying Asset: (a) any rights, scrip, bonus, capitalization or other issue or offer of shares/equities of whatsoever nature or the issue of any warrants, options or the like giving the rights to subscribe for shares/equity; (b) any acquisition or cancellation of own shares/equities by the issuer; (c) any reduction, subdivision, consolidation or reclassification of share/equity capital; (d) any distribution of cash or shares, including any payment of dividend; (e) a take-over or merger offer; (f) any amalgamation or reconstruction affecting the shares/equities concerned; and/or (g) any other event which has a diluting or concentrating effect on the market value of the share/equity which is an Underlying Asset.

"Currency of the Client Account" shall mean the currency that the Client Account is denominated in, as available by the Company from time to time.

"Currency Pair" shall mean the quotation of two different currencies, with the value of one currency being quoted against the other in a CFD transaction. A Currency Pair consists of two currencies (the Quote Currency and the Base Currency) and shows how much of the Quote currency is needed to purchase one unit of the Base Currency.

"Equity" shall mean the Balance plus or minus any Floating Profit or Loss that derives from an Open Position and shall be calculated as:

A. Equity = Balance + (Floating Profit - Floating Loss); and/or B. Equity= Free Margin + Margin

"Error Quote (Spike)" shall mean an error Quote having the following characteristics: A. A significant Price Gap; and

B. In a short period of time the price rebounds with a Price Gap; and C. Before it appears there have been no rapid price movements; and

D. Before and immediately after it appears that no important macroeconomic indicators and/or corporate reports are released.

"Event of Default" shall have the meaning given in paragraph 11.1. of PART A of this document (Client Agreement). "Exchange Control Regulations": shall mean any regulation or controls or restrictions or limitations imposed by any government and/or national bank or other authority on private transactions conducted in foreign currency and/or on the purchase and/or sale of currencies, that aims to restrict the buying and selling of a national currency or to preserve foreign currency reserves. Controls may include a ban on the conversion of the proceeds of certain assets or by certain categories of person, an obligation to surrender foreign exchange proceeds to the central or local bank, authorisation requirements, quantitative limits or indirect methods and/or any other restrictions.

"Expert Advisor" shall mean a mechanical online trading system designed to automate trading activities on an electronic trading platform. It can be programmed to alert the Client of a trading opportunity and can also trade his account automatically managing all aspects of trading operations from sending orders directly to the Trading Platform to automatically adjusting stop loss, trailing stops and take profit levels.

"Fee Sharing Rate": is the % of Performance Fee defined by the Portfolio Manager when inviting an Associate to its Fund (rate can be from 0.1% up to 100% inclusive with the precision of 0.1%).

"Financial Instrument" shall mean Contracts for Differences.

"Floating Profit/Loss" shall mean current profit/loss on Open Positions calculated at the current Quotes (added any Trading Commissions or fees if applicable) in CFD trading.

"Force Majeure Event" shall have the meaning as set out in paragraph 12.1. of PART A of this document (Client Agreement). "Free Margin" shall mean the amount of funds available in the Client Account, which may be used to open a position or maintain an Open Position. Free Margin shall be calculated as: Equity less (minus) Necessary Margin [Free margin = Equity- Necessary Margin].

"Fund/s" shall mean the portfolio/s created and managed by the Portfolio Manager/s in order to collect and manage PM Investment/s from PM Investor/s. Each Fund is supported by a master trading account used by the Portfolio Manager. Each Fund will have certain profiles and parameters which are set

Rights to Underlying Assets CFDs do not provide any rights to the underlying instruments. Taxation The clients should seek independent tax advice, if necessary, to establish whether they are subject to any tax, including stamp duty. Impersonation Risk There might be cases of fraudulent impersonation of the Company’s officers and representatives. Clients should not share their personal data, including information about their trading accounts, with persons who appear to represent the Company unless they have ensured that such persons communicate from the official contact details and domains of the Company. In case of any queries in regard to the content of this document and the features of our products, you may contact our customer support at [email protected] Before deciding to trade, you should carefully consider your financial situation, objectives and needs, and seek independent financial, legal, tax, and/or other professional advice. In case of question about any of the risks arising out of trading, you should consult with your own legal, tax, and other financial advisers prior to entering into any particular transaction with the Company.