Agency: Securities Exchange （Hereinafter referred as the Exchange）
Agency: Securities Exchange （Hereinafter referred as the Exchange）
Address: No.46 nelson St, quincy, Massachusetts, 02169.
地 址：马萨诸塞州昆士市,来尔森街46号, 邮编02169
Client:(Hereinafter referred as the customer)
1.Scope of Agreement 协定的范围
1.1 All transactions and all contracts entered into between the Exchange and the customer, shall be governed by the terms of this customer agreement and the terms of any additional written statements of the Exchange trading regulations or the Exchange additional schedules which may from time to time be set forth or amended by the Exchange and which shall thereupon constitute a portion of this customer agreement, except to the extent (if any) that the Exchange shall agree or notify the customer in writing that other or additional terms apply. any proposals for, additions to, or modifications of this agreement, absent written agreement by an authorized person employed by the Exchange to the contrary, are void and shall have no effect.
1.2 This agreement refers and extends to a potential dealing relationship between the customer and the Exchange in OTC non-deliverable foreign exchange (currencies) on a spot settlement basis as is commonly dealt in the international interbank market, and all other provisions of this agreement notwithstanding, the customer agrees, understands and warrants that the dealing relationship between the customer and the Exchange hereunder shall not extend at any time to the dealing, trading, brokering of or advice related to any exchange listed.
1.3 Subject to the terms and conditions of this agreement, the full completion of the account setup requirements and acceptance of customer’s application to open an account with the Exchange , the Exchange will open and maintain account(s) in customer’s name for the purpose of engaging in cash settled transactions with and for customer in currencies markets on a spot settlement basis, and provide such other services and products as the Exchange may, in its sole discretion, determine to offer in the future. unless expressly stated otherwise in writing, all contracts and other transactions entered into between the Exchange and customer shall be governed by the terms of this customer agreement, including the risk disclosure statement and the Exchange trading policies, to the extent annexed hereto, as amended from time to time.
2.Risk acknowledgements （风险须知）
2.1Customer acknowledges and understands that trading and investment in leveraged OTC foreign currency contracts is highly speculative, involves an extreme degree of risk, and is generally appropriate only for persons who can assume risk of loss in excess of their margin deposit. Customer understands that because of the low margin/high leverage normally available in foreign currency trading, price changes in foreign currency contracts may result in significant losses. Such losses may substantially exceed customer’s investment and margin deposit. By customer directing the Exchange to enter into any foreign currency contract, any profit or loss arising as a result of a fluctuation in the Exchange rate affecting such currency will be entirely for the customer’s account and risk.
2.2Customer warrants that the customer is willing and able, financially and otherwise, to assume the risk of foreign currency trading, and in consideration of the Exchange carrying his/her account(s), customer agrees not to hold the Exchange responsible for losses incurred through following its trading recommendations or suggestions or those of its employees, agents or representatives. Customer recognizes that guarantees of profit or freedom from loss cannot be given and it is impossible to predict performance in foreign currency trading. customer acknowledges that customer has received no such guarantees from the Exchange or from any of its representatives or any introducing broker or other entity with whom customer is conducting his/her the Exchange account and has not entered into this agreement in consideration of or in reliance upon any such guarantees or similar representations. All transactions effected for customer’s accounts and all fluctuations in the market prices of the contracts carried in customer’s accounts are at customer’s risk, and customer shall be solely liable therefore under all circumstances. Customer represents and warrants that customer is willing and financially able to sustain such losses, and that the trading of spot foreign exchange (currencies) is a suitable investment vehicle for the customer. The Exchange is not responsible for delays or partial or total failures in any online (electronic) trading platforms or any communications facility or other causes beyond the Exchange reasonable direct control. The customer understands and recognizes that the transactions to be conducted pursuant to this agreement are not conducted on a regulated market or exchange. Customer represents that it is aware of the risks inherent in the trading of OTC foreign exchange (currencies) and is financially able to bear such risks and withstand any losses incurred. (for a further discussion on the risks of trading foreign exchange please refer to the risk disclosure statement).
3.Customer’s representations and warranties ( 客户的事实陈述和保证 )
3.1As of the date hereof, the date of each contract and other transaction in customer’s account and any date on which the Exchange risk disclosure statement or trading policies are revised, updated or amended, customer represents and warrants to the Exchange and agrees for the benefit of the Exchange that:
3.2Customer is of sound mind, legal age (18 in the USA) and legal competence.
3.3Customer (if not a natural person) is duly organized and validly existing under the applicable laws of the jurisdiction of its organization.
3.4Execution and delivery of this agreement and all contracts and other transactions contemplated hereunder and performance of all obligations contemplated under this agreement have been duly authorized by customer.
3.5 Each person executing and delivering this agreement and all contracts and other transactions contemplated hereunder on behalf of customer performing the obligations contemplated under this agreement and any contract and other transaction contemplated hereunder on behalf of customer, has been duly authorized by customer to do so.
3.6Execution and delivery by customer of this agreement and all contracts and other transactions contemplated hereunder, and performance of all of customer’s obligations contemplated under this agreement and any contract and other transaction contemplated hereunder, will not violate any statute, rule, regulation, ordinance, charter, by-law or policy applicable to customer.
3.7Customer has full beneficial ownership of customer’s account. customer has not granted and will not grant a security interest in customer’s account with the Exchange (other than the security interest granted to the Exchange hereunder) to any person without the Exchange prior written consent. Customer has full beneficial ownership of all collateral and will not grant any security interest in any collateral to any person (other than the security interest granted to the Exchange hereunder) without prior written consent of the Exchange.
3.8Customer will execute and deliver all documents, give all notices, make all filings and take such other actions as the Exchange , in its sole discretion, deems necessary or desirable to evidence or perfect any security interest in favour of the Exchange or to protect the Exchange interests with respect to any collateral.
3.9Customer hereby warrants that regardless of any subsequent determination to the contrary, customer is suitable to trade foreign currency and is a sophisticated foreign exchange investor.
3.10Customer has read and understands the risk disclosure statement contained in this agreement. Customer will review the Exchange risk disclosures, including, without limitation, the Exchange risk disclosure statement, each time they are amended. Customer will not affect any opening transaction in customer’s account unless customer understands the Exchange revised risk disclosures, and customer agrees that in effecting any opening transaction it is deemed to represent that it has read and understands the Exchange revised risk disclosures as in effect at the time of such opening transaction.
3.11Customer has read and understands the trading policies contained in this agreement, including, without limitation, the Exchange trading policies. Customer will review the Exchange trading policies, including, without limitation, the Exchange trading policies each time they are amended. Customer will not affect any opening transaction in customer’s account unless customer understands the Exchange revised trading policies, and customer agrees that in effecting any opening transaction it is deemed to represent that it has read and understands the Exchange revised trading policies as in effect at the time of such opening transaction.
3.12Customer acknowledges that customer has conducted simulated trading using the Exchange demo trading platform for a period that has allowed the customer to develop a full understanding of the Exchange internet trading platform an online trading system for spot foreign exchange real-time trading.
3.13.All information provided by customer to the Exchange , including information regarding customer’s trading experience and investment sophistication, is true, correct and complete, and customer will notify the Exchange promptly of any changes in such information.
4.1Authorization to trade for customer’s account
subject to the terms of this agreement and all related agreements, including the risk disclosure statement and the Exchange trading policies document hereto, the customer account application and any applicable addenda thereto, customer authorizes the Exchange to enter, purchase, sell, and clear OTC foreign exchange contracts on a spot basis for the customer’s account in accordance with customer’s electronic, written or oral instructions received through the Exchange internet trading platform - an online trading system connected directly to the Exchange trade execution desk, via telephone directly to the Exchange trade execution desk, or via any other communicative means available.
4.2customer agrees to be responsible for any transaction instruction received by the Exchange either electronically via the Exchange internet trading platform (or similar product), or orally over the telephone. Before executing a transaction, the Exchange will require the customer at least to provide user name and password authorization electronically via a login procedure or if contacted via the telephone, orally via an identification procedure. Correct information will authenticate the customer and allow the customer to conduct transactions in the authorized the Exchange account for that authentication.
4.3If customer’s account is a joint account, the Exchange is authorized to act on the instructions of any one owner without further inquiry, with regard to trading in the account and/or the disposition of any and all assets in the account. the Exchange shall have no responsibility for further inquiry into such apparent authority and no liability for the consequences of any actions taken or failed to be taken by the Exchange and any of its employees in reliance on any such instructions or on the apparent authority of any such authorized person(s).
5.Pricing Information 定价信息
5.1 The Exchange will make available, by posting on the Exchange internet trading platform-- an online trading system, or by customer electronically contacting any alternative designated by the Exchange, by telephoning the Exchange dealing execution desk, or by any other communicative means available to the Exchange and it’s customers, bid and ask prices at which the Exchange is prepared to enter foreign currency contracts with authorized customers. Each bid or ask price shall be for a spot contract with a specified date and for a specific foreign currency pair.The Exchange makes no warranty expressed or implied; that bid and ask prices shown represent prevailing bid and ask prices in the interbank market. in addition, although the Exchange reasonably expects to make available continuous prices during business hours, because of a number of factors including but not limited to technology failures, communication system delays, lack of interbank liquidity or high market volatility, the Exchange makes no warranties that dealing prices and liquidity will be available continuously to customers either electronically or via the telephone or by any other communication devise.
6.Execution of Orders 下单的 执行
6.1 All contracts made and entered into between customer and the Exchange hereunder will be entered into by the Exchange as principal. The Exchange will reasonably attempt to execute all orders that it may, in its sole discretion, accept from customer for the purchase or sale of contracts in accordance with the customer’s electronic, written or typed, or oral instructions. however, the Exchange shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the reasonable direct control of the Exchange, including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to a breakdown in or failure of any transmission or communication facilities.
6.2Customer acknowledges, understands and agrees that all market orders and non-market orders such as limit orders, stop-loss orders, one cancels the other orders, or any other non-market order transmitted and accepted by a the Exchange representative, are accepted by the Exchange and undertaken on a “best-efforts basis” in accordance with the relevant provisions of the trading policies, as amended from time to time. The customer acknowledges, however, that due to market conditions or other circumstances, the Exchange may be unable to execute the order at the market or specified level and the customer agrees that the Exchange will bear no liability for failure to execute such orders. This includes but is not limited to all orders that are entered over a weekend or holiday period when the Exchange is closed for business. In such circumstances, orders will be executed on a “best-efforts basis” once the market is reopened on the next the Exchange business day. Customer acknowledges that execution may not be immediate or at the price dictated by the opening level due to imbalances in orders, market conditions, market liquidity or other circumstances. The Exchange shall have no responsibility for delays in the transmission of orders due to disruption, market conditions, failure or mal of communications facilities and shall not be liable for any claims, losses, damages, costs or expenses, including attorneys’ fees, to any person or entity as a result of its negligence.
7.Positions and Orders Limitations ( 仓位和下单限制 )
the Exchange reserves the sole discretionary right to limit the number of open positions which customer may enter, acquire or maintain with the Exchange , to refuse acceptance of any order entered by customer or to alter its dealing relationship with the customer to include or exclude use of any electronic trading network or other trade execution method in any manner and to any extent.
7.1Netting ( 对冲 )
The Exchange retains the right to net all hedged positions at the end of each month at their sole discretion.
8.Margin Requirements ( 保证金要求 )
8.1Customer shall provide to and maintain with the Exchange margin in such amounts and in such forms, and within such limits as the Exchange , in its sole discretion, may from time to time require. Margin requirements, including initial (opening) margin and maintenance margin requirements, are defined in the Exchange trading policies. The Exchange may change margin requirements at any time. customer agrees to deposit by immediate wire transfer such additional margin when and as required by the Exchange , and will immediately meet all margin calls in such mode of transmission as the Exchange shall, in its sole discretion, designate; provided, however, and notwithstanding any demand for additional margin, the Exchange may at any time proceed to liquidate customer’s account in accordance with trading policies. Any failure by the Exchange to enforce its rights hereunder shall not be deemed a future waiver of such rights by the Exchange , and the customer shall impute no liability to the Exchange whatsoever for losses resulting from such failure. no previous margin requirement by the Exchange shall preclude the Exchange from increasing or decreasing that requirement without prior notice. The Exchange may call for additional margin (“margin call”) at any time customer’s margin balance falls below the Exchange maintenance margin level as applied to that account and at any time the Exchange , in its sole discretion, believes that it is prudent to do so. the Exchange may at any time liquidate customer’s account in accordance with trading policies and paragraph 12 below.
9.Security Agreement 安全协议
in order to secure any indebtedness or other obligations at any time owing from customer to the Exchange , including, without limitation, indebtedness or other obligations under any account, contract or other transaction with the Exchange ; or any indebtedness or other obligations resulting from any guarantee by customer of any account, contract or other transaction with the Exchange , customer hereby assigns, pledges and grants to the Exchange a security interest in and right of setoff against:
All of customer’s accounts with the Exchange ;所有the Exchange 帐户的客户
all contracts, cash and other property in customer’s account at the Exchange or delivered or otherwise provided by customer to secure its indebtedness or other obligations to the Exchange or in the Exchange possession or control for any purpose (including safekeeping); and
All products and proceeds of the foregoing (collectively, (i), (ii) and (iii) are referred to as “collateral”).
9.2In the event of indebtedness of customer to the Exchange for reasons including but not limited to (a) and (b) outlined above, the Exchange shall have the right to sell, pledge, rehypothecate, assign, invest, commingle and otherwise use any collateral it holds (including, but not limited to, using the contracts as collateral for a loan to the Exchange ) free from any claim or right of any nature whatsoever of the customer, including any equity or right of redemption by the customer and to register any collateral in the name of the Exchange , its custodian or a nominee for either. any failure by the Exchange to enforce its rights hereunder shall not be deemed a future waiver of such rights by the Exchange . the Exchange is irrevocably appointed as attorney-in-fact for customer and is authorized, without notice to customer, to execute and deliver any documents, give any notice and to take any actions on behalf of customer, including the execution, delivery and filing of financing statements, that the Exchange deems necessary or desirable to evidence or to protect the Exchange interest with respect to any collateral. in the event that the collateral deemed acceptable to the Exchange (“eligible collateral”) is at any time insufficient to satisfy customer’s indebtedness or other obligations to the Exchange , including obligations to provide margin in accordance with trading policies and paragraph 7 hereof, customer shall promptly pay upon demand the entire amount of such deficit in accordance with trading policies and paragraph 8 hereof.
因客户的交易所债务原因，包括但不仅仅是上述的(a)和(b)，交易所有权出售、抵押、质押、转让、投资，并以其它方式使用任何其所持有的抵押品(包括但不仅仅是，以合同作为交易所的贷款抵押品)，客户不具有对包括客户或其监护人或提名人的任何股权或赎回权，和在交易所名下登记任何抵押品，提出任何索赔或应具的权利。任何交易所未行使其权利，不被认为是交易所未来放弃这些权利。交易所不可撤消地在不通知客户的情况下作为客户和授权的实际代理人，代表客户执行和提供任何文件，发出任何通知并采取任何行动，包括处理、发送融资档案，交易所在举证和保护交易所利益与尊重任何抵押品上被认为是必要或适合的。交易所认为是可接受的抵押品( "合格的抵押品" )，即在任何时候，当客户不足以抵偿交易所的负债或其他义务，包括按照贸易政策和第7条，提供保证金的义务，客户应按照贸易政策和第八条要求的，迅速支付全部负债金额。
10.1 Any and all contracts and transactions made and entered into by the Exchange hereunder as a result of customer directing the Exchange to enter into such contracts and transactions, are made and entered into by the Exchange as principal. Unless otherwise agreed to in writing the Exchange shall act as principal in any and all contracts and transactions with the customer and not as broker, intermediary, agent, and advisor or in any fiduciary capacity. The customer understands and recognizes that any and all transactions and contracts entered as a result of customer directing the Exchange to enter into such transactions and contracts may be entered by the Exchange , as principal, with financial institutions including, without limitation banks, clearing institutions and foreign exchange dealers (“counter party”) at the sole discretion and option of the Exchange . Customer represents, agrees and authorizes the Exchange to act as principal in entering, delivering, selling, purchasing and clearing with counter party any and all customer’s contracts. Customer shall guarantee and hold the Exchange harmless against any loss it may sustain thereby. The Exchange may, at its sole discretion and option, act as principal in purchasing, selling, delivering and clearing any contracts, including all customer’s contracts, with the counter party(s).
In the absence of an offsetting or closing liquidation trade done prior to the close of business, the Exchange is authorized to rollover all or any portion of the foreign currency positions in customers account at the Exchange ’s absolute discretion and at customer’s risk to the next settlement spot date. Rollovers will be executed at rates determined by the Exchange and at the Exchange’s absolute discretion. Rollover debits or credits will be reflected in the customer’s account at a time after the normal close of the business day for the Exchange. The Exchange reserves the right to change at its sole discretion, any rollover debits or credits at any time if the Exchange, at its sole discretion deems that the amount debited or credited was in error.
12.Liquidation of Accounts and Deficit Balances 账户和赤字余额的清算
12.1In the event of the death or declaration of incompetence of customer; the filing of a petition in bankruptcy, or a petition for the appointment of a receiver, or the institution of any insolvency or similar proceeding by or against customer; the filing of an attachment against any of customer’s accounts carried by the Exchange ;
Insufficient margin, or the Exchange determination that any collateral deposited to protect one or more accounts of customer is inadequate, regardless of current market quotations, to secure the account;
Customer’s failure to provide the Exchange any information requested pursuant to this agreement; or
Any other circumstances or developments that the Exchange deems appropriate for its protection; in the Exchange ’s sole discretion it may take one or more or any portion of, the following actions;
Satisfy any obligation customer may have to the Exchange , either directly or by way of guaranty of surety, out of any of customer’s funds or property in its custody or control;
Sell or purchase any or all foreign currency contracts or other property held or carried for customer, and
12.2 Cancel any or all outstanding orders or contracts, or any other commitments made on behalf of customer. any of the above actions may be taken without demand for margin or additional margin, without prior notice of sale or purchase or other notice to customer, customer’s personal representatives, heirs, executors, administrators, trustees, legatees, or assigns, and regardless of whether the ownership interest shall be solely that of the customer or be held jointly with others. customer shall at all times be liable for the payment of any deficit balance in customer’s account upon demand by the Exchange and, in all cases, customer shall be liable for any deficiency remaining in customer’s account in the event of the liquidation thereof in whole or in part by the Exchange or by customer.
12.3 In the event that the proceeds realized pursuant to liquidation are insufficient for the payment of all liabilities of customer due to the Exchange, customer shall promptly pay upon demand the entire amount of any such deficit, together with all other deficits and all unpaid liabilities of customer. included are all costs of enforcement and collection, such as, but not limited to, actual attorneys’ fees, disbursements, travel and other expenses, interest on any such deficit and liabilities at a rate equal to five (5) percentage points above the then prevailing prime rate at the Exchange’s principal bank or the maximum interest rate allowed by law, whichever is lower and any other cost incurred by the Exchange. In the event the Exchange incurs expenses other than those for collection of deficits with respect to customer’s account, customer agrees to pay all such expenses in full.
13.1 The Exchange will supply, upon request, a structure of commissions charged at the time of the request. Although the Exchange reserves the right to change its fee structure at any time at its sole discretion, the Exchange will initially only charge for incidental banking related fees such as wire transfers for deposits/withdrawals and returned check fees. The Exchange will also charge customer for the purchase of optional, added services offered by the Exchange.
Customers who are introduced to the Exchange by an introducing brokers or third party advisor
13.2If an introducing broker or third party advisor introduces the customer to the Exchange, the customer understands that the Exchange may pay fees, commissions or other compensation to such person or entity for the introduction. Customer acknowledges and agrees that as an introducing broker or third party advisor to the Exchange, the introducing broker or third party advisor does not hold or collect any funds on behalf of the Exchange or for the customer’s account. Funds should instead be sent via a wire transfer or other means directly to the Exchange for purposes of depositing into your trading account. The Exchange does not control and cannot endorse or vouch for the accuracy of any information or advice customer may have or will receive by the introducing broker or third party advisor. included in the information and advice without limitation are actual or implied promises made by the introducing broker regarding the future profit or losses in customer accounts as a result of third party trading systems, research reports, market trading advice or interpretation of economic news and events. If customer receives information or trading advice from an introducing broker or third party, the Exchange shall in no way be held responsible for any loss resulting from the customers use of information or advice. The Exchange provides or otherwise makes available a the Exchange risk disclosure document to customers when they open accounts. any customer introduced by introducing brokers or third parties should carefully read the Exchange account application, the Exchange risk disclosure document and the Exchange trading policies document and should not rely on information supplied by the introducing broker or third party. Customer should understand that introducing brokers or third party advisors are often not regulated by a government agency and that the introducing broker or third party advisor shall have the right to access information regarding the account of the customer including but not limited to account information, customer address, phone number, email address. The introducing broker or third party advisor will not have trade authorization privileges unless granted in writing by the customer via the signing of a power of attorney document authorizing the trading.
Introducing brokers responsibility to the Exchange and to their clients
( 经纪人向交易所和客户应负责任 )
Introducing brokers have certain responsibilities to clients and the Exchange with respect to their introduced accounts:
Responsible for communicating with their introduced clients investment objectives and investment opportunities given those objectives,
Responsible for complying with all legal requirements, rules and regulations applicable to being a licensed introducing broker
Responsible for complying with all legal requirements, rules and regulations applicable to their customers
Determining any commission structure and communicating the structure to the introduced clients.
The introducing broker will not be responsible for: the opening of the account including, but not limiting to the approving, servicing and monitoring of customer’s accounts(s) and obtaining and verifying account information as is required by the law and regulation,
Collecting funds from the clients for the purpose of facilitating margin foreign exchange trading or satisfying margin requirements,
Executing any transactions or accepting any orders for the customer’s account(s), or performing any action that would cause or appear to cause a change in customer position or account , including but not limited to rolling over spot positions, liquidating positions, paying interest, requiring margin, or accepting additional funds or paying out funds to the customer,
Providing any account statements to the customers,
Responding to complaints or inquiries.
14.Statements and confirmations 声明和确认
confirmation of trades will be made online as the trades are executed and should immediately be reflected in the customer’s the Exchange margin monitor, the Exchange open positions window, account statement report and in their trade history report. trades done over the telephone will be executed for the customers account on their behalf and also be reflected online the Exchange margin monitor, the Exchange open positions window, account statement report and in their trade history report. reports and all online position windows and statements of accounts for customer shall be deemed correct and shall be conclusive and binding upon customer if not objected to by telephone immediately upon receipt and such objection is confirmed in writing within three (3) business days after the transmission to customer or if the Exchange does not change the confirmed execution price and details. the Exchange reserves the right to change confirmed rates, prices or trade details of executed and confirmed deals if the Exchange feels the electronic or verbal price or details from that deal was executed was in error. margin calls or trade corrections shall be conclusive and binding unless objected to immediately by telephone, fax or email. written objections on customer’s part shall be directed to the Exchange , attn: customer objections, 46 nelson st, quincy, massachusetts, 02169 and shall be deemed received only if actually delivered or mailed by registered mail, return receipt requested. failure to object shall be deemed ratification of all actions taken by the Exchange, or the Exchange agents prior to customer’s receipt of said reports. trades executed online will be confirmed online at the time of the trade and trades entered into by telephone will be confirmed verbally and online by the end of the business day. pending orders or trades executed while the customer is offline will be reflected in the customers the Exchange open position window, in the Exchange margin monitor, account statement report and in their trade history report upon logging back into the Exchange application. customer’s account statements will be available online in the reports section of the Exchange internet trading platform and customer monthly statements will be available by e-mail, fax and/or mail. customer’s failure to receive a trade confirmation shall not relieve customer of the obligation to object as set out herein. customer understands and acknowledges that oral information provided by the Exchange to customer regarding confirmations of trades and statements of account may be unverified and incomplete due to delays in transmission and other factors beyond the Exchange reasonable control. customer therefore acknowledges and agrees that any reliance upon such oral information is at customer’s risk and customer further agrees to immediately call to the Exchange attention any such oral information which customer has reason to believe is inconsistent with customer’s own information. no provision of this agreement shall operate to prevent the Exchange from correcting any error or omission upon discovery. the customer agrees that such errors, whether resulting in a profit or loss, shall be corrected and customer’s account will be credited or debited in such manner and extent as to place the account in the same position in which it would have been had the error not occurred. the Exchange reserves the right to be the final arbiter as related to disputed orders.
交易确认将在网上随交易执行，应该立即反映在客户的交易所外汇保证金监测上，交易所外汇平仓窗口，帐目报表及报告及其在其历史上的交易报告。为客户帐户以电话执行业务时，那些也会反映在交易所外汇保证金上。当交易确认将在网上执行，应该立即反映在客户的交易所外汇保证金监测上，交易所外汇开通平仓窗口交易所即期外汇帐目报表及其历史上的交易报告。对客户帐户有权用电话执行交易，之后也会反映在网上的交易所外汇保证金检测系统上，交易所外汇开通平仓窗口，交易所即期外汇帐目报表及其历史上的交易报告。报告和所有在线的平台及帐目报表,为客户视为正确、确凿和有约束力，如果顾客不反对通过电话立即收到异议书面确认，其会在交易所外汇并不改变已确认的执行价格及细节后的三个营业日内传递给客户。如果交易所外汇认为电子或口头报价的详情有误，交易所外汇储备有权改变已确认的汇率、价格或交易细节的执行情况和已确认的交易。除非不能立即至电、传真或电子邮件通知，否则保证金偿还或交易更正应受约束。顾客书面反对应当邮寄到交易所经办人: 马萨诸塞州昆士市,来尔森街46号, 邮编02169提出，以收到回执为确认。无效的异议,应视为批准交易所外汇所执行的交易，或交易所外汇代理人事先收到客户的通知。当在网上或电话执行交易，将以口头和网上在最后一个交易日回复确认。未完成的交易或执行时客户离线，将反映在客户的交易所外汇平台中，在交易所外汇保证金检测、帐目报表及在其历史上的交易报告计回交易所中应用。客户的帐户报表，可在网上交易所外汇交易平台查询部门查询；顾客每月报表可通过电子邮件、传真或邮件查询。若客户未能收到确认，客户仍有权再这点上提出异议，客户理解和承认在交易所外汇合理控制下，交易所提供的口头资料可能为在传送和其他因素之外未核实的及因延误导致不完整的。因此，客户需意识到任何依赖等口头资料对客户有一定的风险，对这类即时的口头信息，客户有理由相信与自身的信息不符。本协议没有规定操作可防止或纠正任何错误或遗漏。是否造成了损益，客户都应同意这种错误，在某程度阻止贷记或借记上错误的发生。交易所保留对相关争议的最后仲裁权利。
15.Reports, statements, notices and any other communications may be transmitted to customer at the address set forth herein, or to such other address as customer may from time to time designate in writing to the Exchange. all communications sent, whether by mail, telegraph, e-mail, fax, messenger or otherwise, shall be deemed transmitted by the Exchange when deposited in the united states mail, or when received by a transmitting agent, or communications or recording device, designated by customer or otherwise within customer’s actual or constructive control, and such communication shall be deemed delivered to customer personally, whether actually received by customer or not, and customer hereby waives all claims resulting from failures to receive such communications. all communications sent by customer shall not be deemed effective until accepted by the Exchange . Customer shall notify the Exchange immediately of any change in customer’s address by e-mail to support@the Exchangeit.com or by mail or other delivery service to the Exchange attn: customer accounts, 46 nelson st, quincy, massachusetts, 02169.
报告、声明、告示及任何其他通信可发送到本协议中客户所确定的地址，或其它在客户给交易所随时书面指定的地址。所有由客户指定或客户实际上或结构上的控制的信息发送，不管是邮件、电报、电子邮件、传真、信使或其他，应视为由交易所发出的，在美国存放或从转发代理、通信或录音装置收到。无论客户实际收到与否，这种信息发送应视为已交付给客户个人，客户因此放弃所有因通信失败的索赔要求。在收到交易所回复前，所有的客户信函都应视无效。客户应发电子邮件 support@the Exchangeit.com 或邮寄或其他寄递方式到：交易所经办人:客户帐户，马萨诸塞州昆士市,来尔森街46号, 邮编02169。
16.Force Majeure 不可抗力
the Exchange shall not be liable to the customer for any loss, cost, damage or expense sustained or incurred by the customer, directly or indirectly, by reason of any cause beyond the Exchange ’s control, including but not limited to, natural disasters, acts of god, civil unrest, war, insurrection, international intervention, governmental action (including, without limitation, exchange controls, forfeitures, nationalizations, devaluations), market conditions, inability to communicate with any relevant person or entity or any breakdown or failure of any transmission or communication system or computer facility, whether belonging to the Exchange , customer or any market or any settlement or clearing system.
17.Trading Recommendations 交易建议
Customer acknowledges, understands and agrees that客户明确、理解并同意：
Any market recommendations and information communicated to customer by the Exchange or any introducing broker affiliated with the Exchange do not constitute an offer to sell or the solicitation of an offer to buy any foreign currency contract;
Such recommendation and information, although based upon information obtained from sources believed by the Exchange to be reliable, may be incomplete and may be unverified; and
The Exchange makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to customer; and
the Exchange 不保证或担保，并不负责其提供给客户的任何资料或买卖建议的准确性或完整性；
Customer further acknowledges that, should customer grant trading authority or control over customer’s account to a third-party (authorized agent), whether on a discretionary or non-discretionary basis, the Exchange shall in no way be responsible for reviewing customer’s choice nor making any recommendations with respect thereto.
18.Intellectual Property and Confidentiality 知识产权和保密
All copyright, trademark, trade secret and other intellectual property rights in the Exchange internet trading platform, an online trading system, shall remain at all times the sole, exclusive and absolute property of the Exchange and customer shall have no right or interest in the Exchange pro except for the right to access and use the fip as specified herein. Customer acknowledges that the Exchange pro is confidential and proprietary to the Exchange and has been developed through the expenditure of substantial skill, time, effort and money of the Exchange. The customer agrees and warrants that customer will protect the confidentiality of the Exchange at all times by allowing access to the Exchange pro only by its employees and agents on a need to access basis. Customer will not publish, distribute, or otherwise make any information available to third parties derived from or relating to the Exchange internet trading platform. Customer will not copy, modify, de-compile, reverse engineer, and make derivative works of the Exchange internet trading platform or in the manner in which it operates. Any violation of the above shall be subject to prosecution under the applicable state and federal laws.
Customer agrees to indemnify and hold the Exchange , its affiliates, employees, agents, successors and assigns harmless from and against any and all liabilities, losses, damages, costs and expenses, including attorney’s fees, incurred by the Exchange arising out of customer’s failure to fully and timely perform customer’s agreements herein or should any of the representations and warranties made by customer herein or at any time fail to be true and correct. except as otherwise expressly stated herein, customer also agrees to pay promptly to the Exchange all damages, costs and expenses, including attorney’s fees, incurred by the Exchange in the enforcement of any of the provisions of this agreement, any other agreements between the Exchange and customer, and any contracts and other transactions hereunder.
20.Disclosure and Financial Information 披露财务资料
The customer represents and warrants that the financial information disclosed to the Exchange in this document and any and all documents provided by customer in connection with the customer’s account are an accurate representation of the customer’s current financial condition, trading experience and the level of investment sophistication. The customer additionally represents to the Exchange that the information provided by the customer in connection with this agreement is full, complete and accurate and the Exchange is entitled to rely on this information until the Exchange receives written notice from the customer of any change in such information. the customer represents and warrants that the customer has very carefully considered the portion of the customer’s assets which the customer deems to be risk capital; the customer recognizes that risk capital is the amount of money the customer is willing to put at risk and if lost would not, in any way, change the customer’s life style or otherwise materially effect customer.
21.Disclosure and Customer Information 披露客户资料
the Exchange will not share or sell information regarding its customers and/or prospective customers, except to its employees, agents, affiliates, partners, and associates as reasonably required in the ordinary course of the Exchange business, including, but not limited to, the Exchange banking or credit relationships. the Exchange may also disclose to federal or state regulatory agencies and law enforcement authorities’ information regarding customer and customer’s transactions in response to a request for such information and may disclose information regarding customer and customer’s transactions in response to a court order or subpoena.
22.Joint Accounts and Trust Accounts 联合帐户和信托帐户
if more than one natural person as the customer executes this agreement, all such natural persons agree to be jointly and severally liable for the obligations assumed in this agreement. if this agreement is executed by a trust, partnership or unincorporated association, the customer hereby agrees to indemnify, defend, save and hold harmless and free the Exchange for any losses, claims, costs, damages and expenses resulting directly or indirectly from breach of any fiduciary or similar duty or allegation thereof.
Customer understands, acknowledges and agrees that the Exchange may amend or change this agreement, including the annexes hereto, at any time. The Exchange will provide notice to customer of any such amendment or change by sending an e-mail message to customer and by posting the amendment or change on the Exchange website. customer agrees to be bound by the terms of any such amendment or change on the earlier of: Ten (10) days after the Exchange has posted notice of such amendment or change to the website; or
On the date of the entry of any order other than a liquidating order. in the event that customer objects to any such change or amendment, customer agrees to liquidate customer’s open positions and instruct the Exchange regarding the disposition of all assets in customer’s account within ten (10) business days after notice of the amendment or change has been posted to the website. no waiver or amendment of this agreement may be implied from any course of dealing between the parties or from any failure by the Exchange or its agents to assert its rights under this agreement on any occasion or series of occasions. no oral agreements or instructions to the contrary shall be recognized or enforceable.
This agreement shall continue in effect until termination, and may be terminated by customer at any time when customer has no open foreign currency positions and/or no liabilities held by or owed to the Exchange, upon the actual receipt by the Exchange of written notice of termination. this agreement may be terminated by the Exchange at any time whatsoever upon the transmittal of written notice of termination to customer; provided, that such termination shall not affect any transactions previously entered into and shall not relieve either party of any obligations set forth in this agreement. any such notice of termination by the Exchange shall not relieve customer of any obligations arising out of any deficit balance.
25.Entire agreement 全部协议
This agreement, together with the full customer account application, the Exchange user guide and trading policies and risk disclosure statement and all applicable written addenda thereto, embodies the entire agreement of the parties, superseding any and all prior written and oral agreements.
Customer acknowledges and agrees that any and all conversations between customer and the Exchange personnel, including but not limited to principals, agents, employees or associates may, at the sole option and discretion of the Exchange, be recorded electronically with or without the use of an automatic tone warning device. Customer further agrees to the use of such recordings thereof as evidence by either party in connection with any dispute or proceeding that may arise involving customer or the Exchange. Customer understands that the Exchange destroys such recordings at regular intervals in accordance with the Exchange established business procedures and at its sole discretion, and customer hereby consents to such destruction.
27.Binding effect 效力
This agreement shall be continuous and shall cover, individually and collectively, all accounts of customer at any time opened or re-opened with the Exchange , irrespective of any change or changes at any time in the personnel of the Exchange or its successors, assigns, or affiliates. This agreement, including all authorizations, shall inure to the benefit of the Exchange and its successors and assigns, whether by merger, consolidation, or otherwise, and shall be binding upon customer and/or the estate, executor, trustees, administrators, legal representatives, successors and assigns of customer. Customer hereby ratifies all transactions with the Exchange affected prior to the date of this agreement, and agrees that the rights and obligations of customer in respect thereto shall be governed by the terms of this agreement.
28.Law and Jurisdiction 法律和管辖权
This agreement shall be governed by, and construed in accordance with the laws of the state of Massachusetts, United States of America without giving effect to conflict of laws provisions. With respect to any suit, action or proceeding (“proceeding”) relating to this agreement, the customer irrevocably submits to the exclusive jurisdiction of the state and federal courts located in the state of Massachusetts;
agrees to service of process in any legal proceeding by sending copies thereof by registered or certified mail, if practicable (postage prepaid), or by telex or facsimile to the other party at the address set forth in the customer account application (where service of process is being made by the Exchange ) ;
Waives any objection which it may have at any time to the laying of venue of any proceeding brought in any such court, waives any claim that such proceeding have been brought in an inconvenient forum and
further waives the right to object, with respect to such proceeding, that such court does not have jurisdiction over such part.