Terms and Conditions
- The Agreement Between Us
- Terms and Conditions that apply to the Services
- Provisions Relevant to Particular Types of Client
- Risk Warnings
This document is important and contains the terms on which
we provide our online bullion, CFD and currency trading (the
“Services”) to you.
Due to CFTC regulatory restrictions and in accordance with
the Dodd-Frank Act, HANTEC MARKETS LTD CANNOT OPEN
ACCOUNTS FOR UNITED STATES RESIDENTS*.
It is essential that you read and understand these terms and
we will ensure that you have a proper opportunity to do so by
not allowing you to trade until you have confirmed to us that
you have read these terms. If you have any questions please
let us know.
Hantec Markets Limited (“Hantec Markets”) is authorized
and regulated by the Financial Services Commission of the
Republic of Mauritius..
1. The Agreement Between Us
1.1 The agreement between us (this “Agreement”) comprises:
- these terms and conditions;
- and the terms and matters set out in the Account Opening Application Form and any sub mandates.
This Agreement represents all the terms agreed between us regarding the Services unless we have agreed in writing to supplement or vary this Agreement.
1.2. Effective Date
This Agreement shall come into force on the earlier of the date you complete and sign the Account Opening Application Form or the date you begin to use the Services (being a day we are open for business or the next business day if we are not open, a “Business Day”). Our obligations under this Agreement in relation to our Services shall become effective on the Business Day we receive a transfer of funds into your account.
1.3. Cancellation Rights
You have a right to cancel this Agreement within 14 days of the Business Day we receive the completed Account Opening Application Form from you. If you would like to cancel this Agreement please let your contact at Hantec Markets know or write to us at Suite 208, 2nd Floor, The Catalyst, Silicon Avenue, 40 Cybercity, 72201 Ebene, Republic of Mauritius or email us on [email protected].
If you do not exercise this right to cancel within the requisite time period, you will still be entitled to exercise your right to terminate this Agreement under clause 22.214.171.124.
You agree that the right to cancel and the right to terminate under the Agreement only relate to cancelling or terminating the Agreement. Such cancellation or termination shall not affect the completion of transactions initiated prior to us receiving your notice of cancellation or termination. Cancellation or termination shall not affect your or our accrued rights, indemnities, existing commitments or any other contractual provision intended to survive termination of this Agreement.
penalty will apply on cancellation provided however you shall pay our fees on a pro-rata basis to the date of cancellation and any additional expenses necessarily incurred by us (or a third party) in cancelling this 3 Agreement and any losses necessarily realized in settling or concluding outstanding transactions and transferring your funds back to you.
You should note that we will provide the Services to you until we receive notice of cancellation pursuant to your cancellation right and if you do cancel the amount you receive back may be less than your initial investment due to fluctuating market values, payment of any fees due to us, costs we incur and any costs incurred by us due to circumstances outside our control.
*A United States resident means any of the following: any natural person residing in the United States; any corporation, partnership, association or other legal entity created or organized under the laws of any jurisdiction of the United States; a branch or agency of a foreign entity located in the United States; a trust of which the trustee is resident in the United States; an estate of which a person residing in the United States is the executor or administrator; or any account held for the benefit of a person residing in the United States.
2. Terms and Conditions that apply to the Services
2.1. Hantec Markets Limited
Hantec Markets Limited is authorized and regulated by the Financial Services Commission of the Republic of Mauritius.
Our principal place of business is Suite 208, 2nd Floor, The Catalyst, Silicon Avenue, 40 Cybercity, 72201 Ebene, Republic of Mauritius (we will notify you of any change to our principal place of business), our telephone number is 020 7036 0888 and our email address is [email protected].
2.2. Non-advised dealing services
Unless we have agreed to provide you with investment advice and given you a personal recommendation in relation to a particular transaction, we offer “non-advised dealing services” which means us buying from you or selling investments to you or buying or selling investments on your behalf when you do not wish us to advise you on the merits or the suitability of the transaction for you.
Any instructions you give us in relation to non-advised dealing services must be given by you through our online bullion, CFD and currency transaction systems (the “Online Platform”) unless we agree otherwise.
We will provide you with prices at which the relevant currency, bullion and CFD can be purchased or sold either verbally or via the Online Platform.
You are required to settle each transaction on the date agreed with us for the settlement or if there is no such date, then the second Business Day after the execution of an order by us or on such other date as we may determine (the “Value Date”).
Even if we are not providing you with investment advice, for certain types of investment (considered by us to be complex investments) when we receive instructions to deal on a non-advised basis we will assess the appropriateness of such instructions by reference to your knowledge, experience and understanding of the risks involved. Should we not have sufficient information to make this assessment we reserve the right not to act on instructions received from you.
If we consider that (with regard to the information we hold about you) a transaction is inappropriate, we shall warn you of this. If you wish to proceed with the transaction after having been given this warning, you shall be solely responsible for that decision.
When we deal for you on a non-advised basis we will provide you with a notice in electronic form confirming the execution of your order and providing you with details of the transaction (such as the price and any rate of exchange used for a currency conversion). You should check the confirmation carefully and let us know immediately of any errors. Unless you let us know within 24 hours that there is an error in the confirmation we send you it will be deemed to be binding on you (in the absence of manifest error).
2.5. Best execution
When we execute an order on your behalf we will take all reasonable steps to obtain the best possible result for you taking into account a number of relevant factors. In order to achieve best execution we have in place an order execution policy which is available on our website. Our order execution policy is reviewed periodically and also whenever a material change occurs that affects our ability to continue to provide best execution. By entering into this Agreement you confirm that you agree to this policy.
Please note that specific instructions from you in relation to the execution of orders may prevent us from following our order execution policy in respect of the elements of execution covered by the specific instruction.
When we enter into transactions on your behalf denominated in a foreign currency other than the base currency of your account (as such base currency is provided for in the Account Opening Application Form) we may carry out any necessary currency transactions (together with any hedging transactions on a transaction by transaction basis) on the settlement date for the transaction rather than the trade date at our then prevailing rates of exchange.
Payments into your account may where necessary be converted into the base currency of your account.
Unless we agree otherwise at the time of dealing, we will be the counterparty to all your transactions and act as a principal and not as agent on your behalf. Unless we agree otherwise, we will treat you alone as our client for all purposes and you shall be directly and fully responsible for performing the obligations under each transaction we enter in with you or on your behalf. We do not have nor do we seek to have any relationship with any third party on whose behalf it may be claimed you are acting.
Subject to any FSC rules or regulations, we may aggregate transactions in respect of your account with those of other clients and of our employees and associates (including any holding company or subsidiary company (as defined in the Companies Act 2001) from time to time, of ours and/or any subsidiary company of any such holding company, an “Associated Company”) and their employees without asking you first. We will only aggregate your order if we believe it is likely that the aggregation of your order will 4 work overall to your advantage. However, you should note that the effect of aggregation may work to your disadvantage in relation to a particular order.
2.8. Use of our Online Platform
You will be able to enter orders at the exchange rates and prices displayed on the Online Platform.
The ownership of materials and text contained on our website, accessed from it, or otherwise distributed to you by us, is confidential and protected by copyright. You agree that this material and text is for your own personal use and that you will not disclose it to anyone else. All electronic communications between parties in the course of business may be monitored by us in accordance with relevant law.
We will notify you of your Online Platform account password by phone, letter or email. Your personal information will be requested as a means to verify your identity before the password is released over the telephone. Your password is strictly confidential and you agree to take full responsibility for all transactions, loss, costs and expenses, should any transaction be accepted and concluded by us after the password has been provided to you.
You agree that by using the Online Platform you have given your prior express consent to receive and transmit instructions for execution outside a regulated market or multilateral trading facility.
You will provide us with a list of people duly authorized by you to access the Online Platform on your behalf (each an “Authorized User”). You shall notify us immediately when any new person becomes an Authorized User or when any existing Authorized User is no longer entitled to be an Authorized User. Upon receipt of such notice, the change in Authorized User is effective immediately (or on such date as specified in the notice). However such notice shall not affect any instructions already executed prior to receipt of such notice. All instructions given and accepted by an Authorized User will be deemed to be instructions authorized by you and shall be binding on you.
You must ensure that each Authorized User quits and closes the internet browser after using the Online Platform.
You will advise us immediately if you have any reason to believe that your login and password have not been kept secure and confidential or may otherwise have become known to others.
We may at any time without notice to you suspend, withdraw or deny access to the Online Platform for any reason including but not limited to security, quality of service, failure by you to pay an amount when due or breach by you of any provision of this Agreement.
2.9. Transmission of orders
Unless otherwise agreed by us, all orders to trade must be given to us through the Online Platform. Such order shall not take effect unless actually received by us.
2.10. Orders non-binding
When you click the submit button to enter an order through our Online Platform (or give us an order by any other means we may agree) we will be under no obligation to accept it or, if accepted, under no obligation to execute it. Unexecuted orders may be cancelled at our discretion. Once an order has been entered into our Online Platform it may not be altered or cancelled by you.
We will endeavour to advise you promptly if circumstances arise where we may be unable to accept or execute your orders, provided however that we are under no obligation to provide you with our reasons for not acting on your orders and provided further that we shall not be liable to you in any way if we refuse to follow your orders.
2.11. Margin Deposit
Before executing any order, we may in our absolute discretion require a deposit of such amount as we may specify in respect of any actual, anticipated or contingent liability you may have to us in respect of anticipated or existing open positions which you have or will have with us (the “Margin Deposit”).
We reserve the right to change the margin requirements at any time and any change may become effective immediately. We may inform you of this by email, via the electronic trading platform, telephone call, fax, post, text message, or by posting notice of the change on our website. It is your responsibility to know at all times the current margin requirement applicable to your account and your open positions.
2.12. Limitations Of Online Platform
Due to limitations of an Online platform, where it is possible for a market to go negative, we reserve the right to close any open positions and/or settle the market at a pre-determined level in the positive, or at the best attainable price, which could also be negative;
We may, where and to the extent permitted under applicable laws and regulations, take one or more of the following steps in order to protect you:
- cease or suspend trading and/or refuse to enter into any trades or accept any orders;
- make changes to our normal trading times for all or any markets;
- make changes to our pricing and our spreads;
- change the stop out level applicable to your account;
- close any open positions, cancel and/or fill any orders, and/ or make changes to the pricing and/or limit the quantity of any trade, open positions and orders;
- take or omit to take all such other actions as we consider to be reasonable in the circumstances to protect ourselves and our clients as a whole.
We will take reasonable steps to notify you of any action we may take before we take any action to the extent practicable. If it is not practicable to give you a prior notice, we will notify you at the time or promptly after taking any such action.
We will not be liable to you for any loss or damage arising under clauses 2.12. and 2.13. of this Agreement, provided we act reasonably.
2.14. Cleared funds
You must at all times have sufficient cleared funds with us before we will execute any order. We will indicate to you the sum required as the Margin Deposit for each order.
We will only accept funds from you where:
- they are from an account held in your name, either jointly or individually, the payment has originated from you and we reserve the right to verify the bank account if the payment is made by bank transfer.
- they are made on your behalf by an introducing broker; we have an agreement in place with that introducing broker; and we have taken all necessary check to verify the account the payment is made from.
If your account has a negative cash value for any reason, including but not limited to, the c