1. Subject of the agreement
1.1. This Customer Agreement is entered into by Octa Markets Incorporated (hereinafter referred to as the ‘Company’) and the Client who submitted a registration form at www.EarnTM FX.com (hereinafter referred to as the ‘Client’).
1.2. The Company is registered, regulated, and governed by the Law of Saint-Vincent and the Grenadines. Any legal claims will be the subject of the court hearings. The Company’s legal address is Suite 305, Griffith Corporate Centre, Beachmont, Kingstown, St. Vincent and the Grenadines.
1.3. The Agreement sets forth the relationship between the Client and the Company including but not limited to: orders’ execution, Client policies, payments and/or payouts, claims resolution, fraud prevention, communication, and other aspects.
1.4. Any possible arguments between the Client and the Company will be settled in compliance with the Agreement unless stated otherwise.
1.5. By entering into the Agreement the Client guarantees that he or she is a person of legal age. In case the Client is a legal entity, it guarantees the entity is capable and no other parties are eligible to perform any actions, claims, demands, requests, etc. in respect to the Client’s trading account.
1.6. All the operations on and with the Client’s trading account are performed in full compliance with this Agreement unless stated otherwise.
1.7. The Client has no right to bypass, fully or partially, his or her obligations under the Agreement on the basis that it is a distance contract.
2. Terms definition
2.1. ‘Access Data’ are all the access logins and passwords related to the Client’s trading account(s), Personal Area, or any other data providing access to any other Company’s services.
2.2. ‘Ask’ is the higher price in the Quote, at which the Client may open a ‘Buy’ order.
2.3. ‘Autotrading Software’ is an Expert Advisor or a cBot, a piece of software that performs trading operations automatically or semi-automatically without interference (or with a partial or occasional interference) of a human.
2.4. ‘Balance’ is the total of all the closed orders (including deposits and withdrawals) in the Client’s trading account at a given time.
2.5. ‘Base Currency’ is the first currency in the Currency Pair.
2.6. ‘Bid’ is the lowest price in the Quote at which the Client may open a ‘Sell’ order.
2.7. ‘Business Day’ is any week’s workday , from Monday to Friday, except any official or non-official holidays announced by the Company.
2.8. ‘Client Information’ is any information that the Company receives from the Client (or in other ways) related to him or her, his or her trading account, etc.
2.9. ‘Client Terminal’ is OctaTrader, MetaTrader 4, MetaTrader 5, or any other software in all its versions that are used by the Client to obtain information from financial markets in real time, perform different kinds of market analysis and research, perform, open, close, modify, delete orders, or receive notifications from the Company.
2.10. ‘Company News Page’ is the section of the Company’s website where the news is published.
2.11. ‘Corporate actions’ or ‘Corporate events’ are the activities of a stock corporation that bring crucial changes and impact its stakeholders (for example, dividend, split, consolidation, buyback, bankruptcy, or any other action that a stock corporation can take). Depending on the circumstances of each event, in order to preserve the economic equivalent of the rights and obligations between customers and a stock corporation, the Company reserves the rights to:
perform balance operations on Clients’ accounts depending on their open positions;
close positions at the market price immediately before a corporate event occurs;
reopen clients’ positions in order to preserve the economic equivalent of rights and obligations between clients and a stock corporation;
stop trading on instruments that have undergone corporate action.