Professional 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.
Before you begin to trade with us, you should read this Agreement carefully in addition to Execution Policy, Conflicts Policy, Risk Disclosure and Privacy Notice. Please ensure you read any additional new policies, or updates to existing policies which you will be notified of by us.
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 is authorised and regulated by the Financial Conduct Authority (FCA Firm Reference No. 502635).
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.
Unless otherwise agreed with you in writing, we are treating you as a professional client for the purposes of the rules of the Financial Conduct Authority (the “FCA”). You agree that you are responsible for keeping us informed about any change to your circumstances as this could affect our categorisation of you.
The main account and any sub-accounts, including funds held in a wallet including accounts held in joint ownership constitute a single contractual agreement and are treated as one account for the purpose of realized client balances. This means that all account opening conditions, agreements and provisions between us with regards to the main account are equally valid and applicable to all accounts held by you individually and jointly, and any realized negative balances may be netted against other accounts held in your name. Any account unrealized balances, positions, or margin requirements will not be netted against each other unless otherwise agreed in writing by both parties.
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 and 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, a “Business Day”). Our obligations under this Agreement in relation to our Services shall become effective on the Business Day we confirm your account has been approved for funding.
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 Hantec House, 12-14 Wilfred Street, London SW1E 6PL 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 under Term 29.1.1 of Section 2 of the Agreement to terminate the Agreement.
You must note that the right to cancel and the right to terminate under the Agreement only relate to cancelling or terminating the Agreement. Cancellation or termination will not affect the completion of transactions initiated prior to us receiving your notice of cancellation or termination. Cancellation or termination will not affect your or our accrued rights, indemnities, existing commitments or any other contractual provision intended to survive termination of this Agreement.
No penalty will apply on cancellation, however, you will 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 Agreement and any losses necessarily realised 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 tous, costs we incur and any costs incurred by us due to circumstances outside our control.
2. Terms and Conditions that apply to the Services
2.1. Hantec Markets Limited
Hantec Markets Limited is authorised and regulated by the Financial Conduct Authority of 12 Endeavour Square, London E20 1JN. We are entered on the FCA Register and our firm reference number is 502635. Our authorisation includes the provision of arranging deals in investments and non-advised dealing services and such services comprise our main business activities.
Our principal place of business is Hantec House, 12-14 Wilfred Street, London SW1E 6PL (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
We offer “non-advised dealing services” which means allowing you access to speculate on the financial markets using our Online Platform. You agree to use our services as a derivative or leveraged product.
Any instructions you give us in relation to non-advised dealing services must be given by you through our online foreign exchange, bullion and CFD transaction systems (the “Online Platform”) unless we agree otherwise.
We will provide you with prices at which the relevant currency, bullion or CFD can be purchased or sold either verbally or via the Online Platform.
For certain types of investment (considered by the FCA to be complex investments), when we receive instructions to deal on a non-advised basis we are required under the FCA rules to determine whether you have the necessary experience and knowledge in order to understand the risks involved in relation to the product or investment service offered or demanded when assessing whether an investment service is appropriate for you.
Where such an appropriateness assessment requirement applies in respect of you, we may assume that as a professional client, you have the necessary experience and knowledge in order to understand the risks involved in relation to those particular investment services or transactions, or types of transaction or product, for which you are classified as a professional client.
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 fora 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 the FCA rules require us to take all sufficient steps to obtain the best possible result for you, taking into account a number of relevant factors. In order to comply with our obligations in relation to best execution we have in place an order execution policy which is available on our website. Our order execution policy is reviewed periodically. By entering into this Agreement you confirm that you agree to this policy. We may amend our Order Execution Policy from time to time and may notify you of any material amendments by giving written notice.
As a professional client, when providing you with best execution we are not obliged to prioritise the overall costs of the transaction as being the most important factor in achieving best execution for you, nor do we have to consider our own commissions and costs relating to each of the eligible execution venues available when assessing which to use in order to provide best execution.
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.
2.7. 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 recorded and monitored by us in accordance with relevant law and for the purposes set out in the Privacy Notice.
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 t