General Terms & Conditions: Customer Agreement
General Terms & Conditions: Customer Agreement
CUSTOMER AGREEMENT
This is a legal contract between Ava Trade Markets Ltd, a registered financial services company in the
British Virgin Islands and is fully licensed and regulated by the British Virgin Islands Financial Services
Commission, herein after known as ("AvaTrade", “us” or “we”) its successors and assigns, and the
party/parties (the "Customer", “client” or “you”) executing this document. This document, together with
our Risk Disclosure Statement, Trading Conditions and Charges and Privacy Statement, represents the
terms with which AvaTrade will do business with Customer. This document sets out the respective rights
and obligations of both parties in connection with this service and both parties will accept and be bound
by these terms on acceptance of the terms contained herein and on completion of the application form
by Customer.
In connection with opening an account with AvaTrade to speculate in, and/or purchase, and/or sell, Forex,
Contracts for Differences (hereinafter referred to as “CFDs”), Options (hereinafter referred to as
“Options”) and Spread Betting, in commodities, metals, currencies and indices, and the receipt of such
other services and products as AvaTrade may, in its sole discretion, determine to offer from time to time
in the future, Customer acknowledges that it has been advised and understands the following factors
concerning trading in the over the counter market (“OTC”) and/or Spread Betting market, in addition to
those contained in the Risk Disclosure Statement which has been provided to Customer. We trade
contracts for differences (“CFD”) transactions in OTC.
IMPORTANT NOTICES
OTC trading means that trading does not take place on a regulated exchange. There are no guarantees as
to the credit worthiness of the counter party of your Forex, CFDs, Options and Spread Betting position.
Also, there may be certain cases in which trading liquidity decreases, causing Forex, CFDs, Options and
Spread Betting in commodities, currencies, metals and indices to cease, thereby preventing the liquidation
of an adverse position which may result in a substantial financial loss.
AvaTrade does not provide investment advice. The market recommendations, signals, information
provided by and/or distributed by AvaTrade are general in nature and based solely on the judgment of
AvaTrade’s personnel or from third party information providers. These market recommendations may or
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                       GENERAL TERMS & CONDITIONS
may not be consistent with the market position or intentions of AvaTrade, its marketing partners, and/or
employees. The market recommendations and information provided by AvaTrade are based upon
information believed to be reliable, but AvaTrade cannot and does not guarantee the accuracy or
completeness thereof or represent that following such recommendations will eliminate the risk inherent
in trading Forex, CFDs, Options and Spread Betting. Any market recommendations of, or information
provided by, AvaTrade does not constitute an offer to buy or sell, or the solicitation of an offer to buy or
sell, any OTC transaction. Customer understands and hereby agrees that Customer is capable of, and
solely responsible for, assessing the merits and risks of any trade it may enter into with AvaTrade.
Customer understands that AvaTrade does not permit its Customer representatives to either exercise
discretion or manage an OTC account. If Customer’s account is not being traded with Customer’s
authorisation, Customer must notify AvaTrade immediately.
AvaTrade’s margin policies and/or the policies of those banks/clearing houses through which trades are
executed may require that additional funds be provided to properly margin Customer’s account and
Customer is obligated to immediately meet such margin requirements. Failure to meet margin calls may
result in the liquidation of any open positions with a resultant loss. AvaTrade reserves the right to refuse
to accept any order.
Customer understands that it must carefully review the reports relating to Customer’s trading posted
online by AvaTrade. All reports of execution and statements of accounts will be deemed final unless
customer objects within two business days of being posted. Objections may be made initially by email or
by telephone, but must be confirmed thereafter in writing.
Customer understands that AvaTrade may establish rules and provisions for client accounts, including but
not limited to minimum account size, investment time period, commissions and fees, leverage size per
instrument, mark ups, rules relating to stop losses and limits, rules relating to rollovers, rules relating to
margin calls, or any other financial arrangement, and that such rules and provisions may be changed by
AvaTrade from time to time.
Customer has read and understands the Customer’s obligations and rights under this Customer
Agreement and agrees and acknowledges that this Customer Agreement, the Risk Disclosure Statement
and the Privacy Statement will comprise the terms of the Customer’s relationship with AvaTrade. The
Customer agrees that Customer is fully responsible for making all decisions as to transactions effected for
Customer’s account. Customer has considered the foregoing factors and in view of Customer’s present
and anticipated financial resources, Customer is willing and able to assume the substantial financial risks
of OTC trading.
IT IS THE CUSTOMER’S RESPONSIBILITY TO FIND OUT ALL NECESSARY INFORMATION ABOUT TRADING
IN FOREX, CFDs, OPTIONS AND SREAD BETTING AND AVATRADE TERMS AND CONDITIONS AND MAKE
SURE THAT ALL RISKS AND ARRANGEMENTS ARE DISCUSSED AND CLEARLY UNDERSTOOD PRIOR TO
ANY TRADING ACTIVITY.
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                     GENERAL TERMS & CONDITIONS
1.     TERMS AND HEADINGS
 1.1   “AvaTrade” shall, where the context so permits or requires, be deemed to mean Ava Trade
       Markets Ltd its subsidiaries and marketing partners and their successors and assigns;
 1.2   "Customer" shall mean the party (or parties) who have agreed to be bound by the terms of this
       Agreement;
 1.3   "Agreement" shall include this agreement and all other agreements and authorizations executed
       by Customer in connection with the maintenance of Customer’s account with AvaTrade.
       The paragraph headings in this Agreement are inserted for convenience of reference only and are
       not deemed to limit the applicability or affect the meaning of any of its provisions.
 2.2   Ava Trade Markets Ltd is a registered financial services company in the British Virgin Islands and
       is fully licensed and regulated by the British Virgin Islands Financial Services Commission. The B.V.I
       Financial Services Commission is the Territory's single financial services Regulator responsible for
       authorising and licensing companies or persons to conduct financial services business.
3.     CATEGORISATION
 3.1   It is our policy to treat all of our clients as retail clients irrespective of the existence of any
       categorisations in the client’s country of residence.
4. COMMUNICATION
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                     GENERAL TERMS & CONDITIONS
 4.1   The principal method of communication between AvaTrade and Customer will be electronically
       via AvaTrade’s website and on-line trading platforms.
 4.2   Information regarding orders placed and executed will be addressed personally to Customer
       through a customer specific account.
 4.3   However, certain information will be provided generally on our website, such as general market
       recommendations and Customer hereby consents to receiving information not addressed
       personally to customer in that form.
 4.4   Customer may also place orders via the phone with our dealing room. In the course of our dealings
       with you, you may place orders with us via our on-line trading platform in the languages which
       are posted on our website, which is updated with additional languages from time to time.
 4.5   Where orders are placed by phone via the dealing room you may communicate with us in any one
       of the languages which are listed on the website.
 4.6   All written communications from us to you will be in the language used to register your account
       via our website.
5.     AUTHORISATION TO TRADE
 5.1   AvaTrade is authorised to enter into Forex, CFDs, Options and Spread Betting contracts on an
       over-the-counter basis with Customer in accordance with Customer’s oral or written or computer
       instructions, subject to the terms of this Agreement and all annexes hereto.
 5.2   On completion of the application form by Customer, AvaTrade will issue Customer with a secure
       password which is to be used with the chosen user-name of the Customer.
 5.3   AvaTrade’s security systems are designed to ensure that any information provided to and from
       Customer is securely transmitted. Customer is obligated to keep passwords secret and is solely
       responsible for ensuring that third parties do not obtain access to the password or AvaTrade's
       trading facilities.
 5.4   Customer agrees to be exclusively responsible for any instruction received electronically that is
       identified with Customer’s password and account number and for any electronic, oral and written
       instruction to AvaTrade from persons AvaTrade in its sole judgment, believes are apparently
       authorized by Customer.
 5.5   If Customer’s account is titled as a joint account, AvaTrade is authorised to act on the instructions
       of any one owner, without further inquiry, with regard to trading on the account and the
       disposition of any and all assets in the account.
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                     GENERAL TERMS & CONDITIONS
 5.6   AvaTrade shall have no responsibility for further inquiry into such apparent authority and no
       liability for the consequences of any actions taken or omitted to be taken by AvaTrade in reliance
       on any such instructions or on the apparent authority of any such persons.
 5.7   AvaTrade has the authority to require joint action by the owners of the account in respect of the
       account. AvaTrade may send all correspondences and documents in respect of the account to any
       one owner of a joint account.
5.8 AvaTrade has possession over the security of the account whether individual or joint.
 5.9   If a death occurs to one or more of the owners of a joint account, AvaTrade shall be notified in
       writing and shown proof of a death certificate. All expenses due at the date of notification shall
       be charged to the account.
 5.10 Up to the time valid written notification is provided to AvaTrade, each owner of a joint account is
      presumed to have an equal share in the joint account.
6.     APPROPRIATENESS OF TRADING
 6.1   Although AvaTrade issues general market recommendations, these should not be construed as
       personal recommendations or advice to trade with AvaTrade. As such we are under no obligation
       to assess the suitability or otherwise of the Customer trading Forex, CFDs, Options and Spread
       Betting with AvaTrade. All trades entered into by Customer represent an independent decision by
       the Customer to trade with AvaTrade.
 7.2   If any statute shall hereafter be enacted or any rule or regulation shall hereafter be adopted by
       any governmental authority, or a contract market or clearing organization which shall be binding
       upon AvaTrade and shall affect in any manner or be inconsistent with any of the provisions hereof,
       the affected provisions of this Agreement shall be deemed modified or superseded, as the case
       may be, by the applicable provisions of such statute, rule or regulation, and all other provisions
       of this Agreement and provisions so modified shall in all respects continue in full force and effect.
 7.3   Customer acknowledges that all transactions under this Agreement are subject to the
       aforementioned regulatory requirements and Customer shall not thereby be given any
       independent legal or contractual rights with respect to such requirements.
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                     GENERAL TERMS & CONDITIONS
 8.2   Such margin requirements may be greater or less than margins required by those banks or brokers
       with which trades are executed.
 8.4   Customer agrees to deposit by immediate wire transfer, or other payment method acceptable to
       AvaTrade, such additional margin when and as required by AvaTrade and will promptly meet all
       margin calls in such mode of transmission as AvaTrade in its sole discretion designates.
 8.5   AvaTrade may at any time proceed to liquidate Customer’s account and any failure by AvaTrade
       to enforce its rights hereunder shall not be deemed a waiver by AvaTrade to enforce its rights
       thereafter.
 8.6   AvaTrade retains the right to limit the amount and/or total number of open positions which
       Customer may acquire or maintain at AvaTrade, and to increase margin requirements in advance
       of earnings or other news or events, with or without notice, either before such events or
       retroactively or at any other time that it deems at its sole discretion.
8.7 Orders must be placed allowing sufficient time to execute and to calculate margin requirements.
 8.8   Profits deriving from a transaction shall be added to Customer's account as additional margin, as
       long as the transaction is open, and upon the closing of the transaction, as an addition to the
       available balance for withdrawal.
8.9 Losses deriving from a transaction shall be deducted from Customer's account.
9.     BONUSES
 9.1   AvaTrade may elect to grant a benefit to Customer by depositing bonus amounts in Customer's
       trading account, subject to certain terms and conditions as shall be determined by AvaTrade, at
       its sole discretion. Such bonus amounts may not be withdrawn by Customer, unless Customer
       complies with the applicable trading requirements posted on AvaTrade's website as may be
       amended from time to time or as communicated to Customer.
 9.2   If AvaTrade suspects or has reason to believe that Customer has attempted fraudulent activity in
       order to claim a bonus, or any other promotion, AvaTrade reserves the right to:
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           (i)   Cancel or reject the bonus promotion, and any related Trading Agent bonus, at its sole
                 discretion
           (ii) To terminate Customer’s access to services provided by AvaTrade and/or terminate the
                contract between AvaTrade and the Customer for the provision of services,
           (iii) To block Customer's Account(s) and to arrange for the transfer of any unused balance to
                 Customer.
 9.3   If AvaTrade suspects or has reason to believe that Customer has abused the terms and conditions
       of a bonus offer by hedging positions internally (using other trading accounts held with AvaTrade)
       or externally (using other trading accounts held with other brokers), AvaTrade reserves the right
       to cancel bonuses, and any trades or profits associated with Customer’s account(s).
9.5 AvaTrade reserves the right to cancel or reject bonus promotions at its sole discretion.
10. OPTIONS
 10.1 Options are contracts that give the buyer the right, but not the obligation, to buy (in the case of a
      Call Option) or to sell (in the case of a Put Option) a specified FX/CFD at a specified price (the
      “Strike”) at a specified time and date (the “Expiration”), from or to the seller of the option. These
      are commonly known as European style vanilla options.
 10.2 The proceeds of the purchase or sale of an Option (the "Cost", or "Premium") will be immediately
      debited or credited to the cash balance of the account. At Expiration, Options that are in the
      money will be automatically closed out at intrinsic value, that is, in the case of Call Options, the
      amount by which the closing price of the specified FX/CFD exceeds the strike price, and in the
      case of Put Options, the amount by which the Strike exceeds the closing price of the specified
      FX/CFD. For long Call and short Put positions, the closing price will be the prevailing bid price of
      the underlying FX/CFD at Expiration; and for short Call and long Put positions, the closing price
      will be the prevailing ask (offer) price of the underlying FX/CFD, as determined by Ava in its sole
      discretion. Options that are not in the money will expire worthless.
 10.3 The Customer acknowledges, recognizes and accepts that AvaTrade quotes variable spreads on
      Options. The Client is specifically made aware that variable option spreads are affected by actual
      market conditions, which are beyond AvaTrade’s control. AvaTrade does not guarantee any
      maximum or minimum quotable option spreads. There may be times when Options quotes are
      not available in some underlying FX/CFDs.
 10.4 We allow you to perform various transactions, including in respect of options based on various
      indices that shall be defined by us from time to time (for example, index rates and stock and
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       option rates), and to receive financial information and various other services as we shall
       determine in our sole discretion. Prior to effecting any transaction, we advise you to read the
       explanations that may be found on the website regarding each type of transaction. The rules of
       trade are set exclusively by AVA.
 10.5 We will make available, by posting on www.avafx.com / www.avatrade.com, the current price
      applicable to a share or index, and offer you the opportunity to submit a put or call position in
      respect of such share. Each position shall be for a specified expiry time. We expect that the current
      prices will be reasonably related to the actual prices of such shares available in the market. We
      make no warranty, express or implied, that the quoted prices represent prevailing quoted prices.
11. AVAPROTECT
 11.1 AvaProtect is a risk management tool that offers protection against losses on a specific position
      for a chosen time frame in exchange for a fee paid at the time of purchase.
11.2 Customers may be offered AvaProtect at the time of opening positions, and at other times.
 11.4 Each AvaProtect contract relates to a specific position (the "covered position") and is not
      transferable to other positions.
11.5 Each AvaProtect contract has a fixed Expiration Date and Time, or Term.
 11.6 The fee paid for AvaProtect is based on the expected volatility of the underlying position over the
      period of the contract.
 11.7 Fees paid for AvaProtect are deducted from an account's free cash balance at the time of
      purchase.
11.9 AvaProtect does not refund any overnight interest costs, commissions, or other fees if applicable.
       11.10.1 If the customer realizes losses on a covered position prior to the AvaProtect Expiration
               date and time for any reason, including Stop Loss, AvaTrade will credit the account with
               the loss.
       11.10.2 If the customer has unrealized losses on a covered position as of the time the AvaProtect
               Expiration date and time, AvaTrade will credit the account with that unrealized loss,
               based on the prevailing market price of replacing the protected position, in AvaTrade’s
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                sole discretion. No action is required by the customer on the Expiration of AvaProtect to
                receive this credit, and the position remains open.
 11.11 AvaProtect contracts have no value after the protected position is closed or after the Expiration
       date and time, whichever occurs first.
 11.12 AvaProtect contracts have no impact on required margin, and accounts do not reflect any
       potential unrealized value of AvaProtect contracts.
11.13 Customers are always required to maintain adequate margin or positions may be closed.
 12.2 All funds, securities, currencies, and other property of Customer which AvaTrade or its marketing
      partners may at any time be carrying for Customer (either individually, jointly with others, or as a
      guarantor of the account of any other person,) or which may at any time be in its possession or
      control or carried on its books for any purpose, including safekeeping, are to be held by AvaTrade
      as security and subject to a general lien and right of set-off for liabilities of Customer to AvaTrade
      whether or not AvaTrade has made advances in connection with such securities, commodities,
      currencies or other property, and irrespective of the number of accounts Customer may have with
      AvaTrade.
 12.3 AvaTrade may in its discretion, at any time and from time to time, without notice to Customer,
      apply and/or transfer any or all funds or other property of Customer between any of Customer’s
      accounts.
 12.4 Customer hereby also grants to AvaTrade the right to pledge, re-pledge, hypothecate, invest or
      loan, either separately or with the property of other Customers, to itself as broker or to others,
      any securities or other property of Customer held by AvaTrade as margin or security.
 12.5 AvaTrade shall at no time be required to deliver to Customer the identical property delivered to
      or purchased by AvaTrade for any account of Customer.
 12.6 This authorization shall apply to all accounts carried by AvaTrade for Customer and shall remain
      in full force until all accounts are fully paid for by Customer or notice of revocation is sent by
      AvaTrade from its home office.
 12.7 Any failure by AvaTrade to enforce its rights hereunder shall not be deemed a future waiver of
      such rights by AvaTrade.
 12.8 AvaTrade 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
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                      GENERAL TERMS & CONDITIONS
       on behalf of Customer, including the execution, delivery and filing of financing statements, that
       AvaTrade deems necessary or desirable to evidence or to protect AvaTrade’s interest with respect
       to any collateral.
 12.9 In the event that the collateral deemed acceptable to AvaTrade is at any time insufficient to satisfy
      Customer’s indebtedness or other obligations to AvaTrade, including obligations to provide
      margin hereunder, Customer shall promptly pay upon demand the entire amount of such deficit.
       12.10.1 In the event of default of one of our appointed credit institutions, AvaTrade does not
               accept responsibility and is not subject to any liability arising from losses to clients arising
               from such a default.
       12.10.2 However, we conduct appropriate and continuing risk assessment of our appointed
               credit institutions in order to ensure that our appointed credit institutions are safe
               repositories.
       12.10.3 We will supply the details of our appointed credit institutions on request to retail clients,
               including the names of those institutions and the client account details.
       12.10.4 Where Customer does not wish AvaTrade to deposit funds with a particular credit
               institution we will return such funds to Customer as soon as possible.
 12.11 Pursuant to section 11.4 Customers trading on the AVA Direct platform agree to the transfer of
       full ownership of funds to AvaTrade for the purpose of securing or otherwise covering a required
       margin and as such the required margin will no longer be treated as belonging to the Customer.
       AvaTrade will deposit the required margin as collateral with its liquidity provider(s). These funds
       will not be registered in the customer’s name. Funds deposited by the Customer in excess of the
       required margin will be treated as client funds in accordance with the Client Asset.
 13.2 Where arrangements made by AvaTrade to manage conflicts of interest are insufficient to ensure,
      with reasonable confidence, that risks of damage to client interests will be prevented, AvaTrade
      shall clearly disclose to the client the general nature and the sources of the conflicts of interest
      before undertaking business on the client’s behalf.
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14. COMPLAINTS
 14.1 In the event that you have any query and/or concern and/or issue and/or problem and/or reason
      to feel dissatisfied with any aspect of our service, in the first instance you should contact our
      customer services team, as the vast majority of issues can be dealt with at this level, via:
      http://www.avatrade.com/about-avatrade/contact-us.
 14.2 If our customer services team is unable to resolve the matter or you feel that our service has not
      met your expectations and you wish to raise this issue as a formal complaint, you must complete
      a Complaint Form, which is accessible in the legal documents section of our website. The
      completed Complaint Form accompanied by adequate supporting evidence (as necessary) must
      be submitted to complaints@avatrade.com to be recorded as a formal complaint.
 14.3 We will provide you with a regular written update on the progress of the investigation of the
      complaint at intervals of not greater than 20 business days;
 14.4 We will attempt to investigate and resolve the complaint within 40 business days of having
      received the complaint;
 14.5 Where the 40 business days have elapsed and the complaint is not resolved, we will inform you
      of the anticipated timeframe within which we hope to resolve the complaint.
 14.6 Once an investigation of the complaint is completed, a Final Response shall be issued to the Client
      with the investigation’s outcome(s) together with any required explanations and any remedy
      measures the Company intends to take.
 14.7 A Complaint will be deemed as resolved or settled where the Company has sent in writing a Final
      Response to the Client.
 14.8 If you do not feel that your complaint has been resolved satisfactorily and remain dissatisfied, we
      advise that you seek independent legal advice.
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       inadequate, regardless of current market quotations, to secure the account; (e) Customer’s failure
       to provide us with any information requested pursuant to this agreement or any applicable law;
       or (f) any abuse of trading practices, manipulations and/or fraud by Customer or any other person
       authorized to use the account; or (g) any other circumstances or developments that we deem
       appropriate for its protection, and in AvaTrade’s sole discretion, it may take one or more, or any
       portion of, the following actions:
           (i)   Satisfy any obligation Customer may have to us, either directly or by way of guaranty of
                 suretyship, out of any of Customer’s funds or property in AvaTrade’s custody or control;
           (ii) Sell any or purchase any or all Currency contracts, securities held or carried for Customer;
                and
           (iii) Cancel any or all outstanding orders or contracts, or any other commitments made on
                 behalf of Customer.
 15.2 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 Customer’s or held jointly with others.
 15.3 Prior demand or notice of sale or purchase shall not be considered a waiver of AvaTrade’s right to
      sell or buy at any time in the future without demand or notice as provided above.
 15.4 In liquidation of Customer’s long or short positions, AvaTrade may, in its sole discretion, offset in
      the same settlement or it may initiate new long or short positions in order to establish a hedge
      which in AvaTrade’s sole judgment may be advisable to protect or reduce existing positions in
      Customer’s account.
 15.5 Any sales or purchases hereunder may be made according to AvaTrade’s judgment and at its
      discretion with any interbank or other exchange market where such business is then usually
      transacted or at a public auction or private sale, and AvaTrade may purchase the whole or any
      part thereof free from any right of redemption.
 15.6 For Customer's protection, Equity or Net Liquidation Value of the Customer's trading account
      drops below the Minimum Margin Requirement, all of Customer's open transactions shall be
      automatically closed, whether at a loss or a profit.
       15.6.1    For the AvaTrader and MetaTrader platforms, the Minimum Margin Requirement is
                 equal to 10% of the Required Margin.
       15.6.2    For the AvaOptions platform, the Minimum Margin Requirement is equal to 50% of
                 Required Margin.
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                      GENERAL TERMS & CONDITIONS
 15.7 If the amount in Customer's trading account is less than zero, Customer shall promptly notify
      AvaTrade and AvaTrade shall nullify the account.
 15.8 Neither AvaTrade nor any of its subsidiaries, marketing partners or agents shall be responsible for
      any loss or damage caused due to closing of positions in accordance with the above.
 15.9 Customer shall at all times be liable for the payment of any deficit balance of Customer upon
      demand by AvaTrade and in all cases, Customer shall be liable for any deficiency remaining in
      Customer’s account(s) in the event of the liquidation thereof in whole or in part by AvaTrade or
      by Customer.
 15.10 In the event the proceeds realized pursuant to this authorisation are insufficient for the payment
       of all liabilities of Customer due to AvaTrade, Customer shall promptly pay upon demand, the
       deficit and all unpaid liabilities, together with interest thereon equal to three (3) percentage
       points above the then prevailing prime rate at AvaTrade’s principal bank or the maximum interest
       rate allowed by law, whichever is lower, and all costs of collection, including attorney’s fees,
       witness fees, travel expenses and the like.
 15.11 In the event AvaTrade incurs expenses other than for the collection of deficits, with respect to any
       of the account(s) of Customer, Customer agrees to pay such expenses.
16. FEES/CHARGES
 16.1 Fees arising out of AvaTrade providing services are outlined in the Trading Conditions and Charges
      page.
 16.2 Customer is aware that a part of AvaTrade’s revenues derives from the spread on each
      transaction. The spread is the difference between the bid & the ask price of the price quote on a
      transaction. The standard spreads for all instruments are listed on Trading Conditions & Charges
      link - http://www.avatrade.com/trading-info/trading-conditions.
 16.3 AvaTrade may increase or decrease spreads on any or all instruments, at its sole discretion, at any
      time without notification due to various mitigating factors – market sentiment, news times or
      announcements, trading volumes, market volatility and/or additional internal or external factors.
      This may be effected on an individual client basis or for all clients simultaneously.
 16.4 Spreads may be increased where a third party inter alia – Marketing partner, Introducing Broker,
      Marketing Partner, refer a Customer to AvaTrade. This additional spread may be transferred to
      the third party who referred the Customer as remuneration.
 16.5 Where a customer requests a specific fee structure, a commission may be payable by Customer
      to open and close Forex, CFDs, Options and Spread Betting positions. Such commission payable
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                     GENERAL TERMS & CONDITIONS
       will be debited from Customer's account at the same time as AvaTrade opens or closes the
       relevant Forex, CFDs, Options and Spread Bets.
 16.6 Where we increase or introduce any new charges, we will post the changes on our website at
      least 7 days before they take effect.
 16.7 We may also charge for incidental banking-related fees such as wire charges for
      deposits/withdrawals and returned check fees.
 16.8 In certain circumstances additional fees may include such things as statement charges, order
      cancellation charges, account transfer charges, telephone order charges or fees imposed by any
      interbank agency, bank, contract, market or other regulatory or self-regulatory organisations
      arising out of AvaTrade’s provision of services hereunder.
16.9 Customer may incur additional fees for the purchase of optional, value added services we offer.
       16.10.1 A daily financing charge may apply to each Forex, CFDs, Options and Spread Betting open
               position at the closing of AvaTrade’s trading day as regards that Forex, CFD, Options and
               Spread Bet.
       16.10.2 If such financing charge is applicable, it will either be requested to be paid by Customer
               directly to AvaTrade or it will be paid by AvaTrade to Customer, depending on the type
               of Forex, CFDs, Options and Spread Betting and the nature of the position Customer
               holds.
       16.10.3 The method of calculation of the financing charge varies according to the type of Forex,
               CFDs, Options and Spread Betting to which it applies. Moreover, the amount of the
               financing charge will vary as it is linked to current interest rates (such as LIBOR).
       16.10.4 The financing charge will be credited or debited (as appropriate) to Customer's account
               on the next trading day following the day to which it relates.
       16.10.5 AvaTrade reserves the right to change the method of calculating the financing charge,
               the financing rates and/or the types of Forex, CFDs, Options and Spread Betting to which
               the financing charge applies.
       16.10.6 For certain types of Forex, CFDs, Options and Spread Betting, a commission is payable by
               Customer to open and close Forex, CFDs, Options and Spread Betting positions. Such
               commission payable will be debited from Customer's account at the same time as
               AvaTrade opens or closes the relevant Forex, CFDs, Options and Spread Bets.
       16.10.7 Trades in CFDs and Spread Betting are linked to the market price of a certain base asset,
               including the market price of future contracts. A few days prior to the expiration date of
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                     GENERAL TERMS & CONDITIONS
                the base asset to which the CFD and Spread Betting is linked, the base asset shall be
                replaced with another asset, and the quotation of the CFD and Spread Betting shall
                change accordingly.
16.10.8 CFDs and Spread Betting does not have an expiration date.
       16.10.9 Trades in CFDs and Spread Betting are continuous and the base assets to which they are
               linked vary from time to time.
       16.10.10 AvaTrade reserves the right to determine the base asset to which CFDs and Spread
                Betting is linked, the date of replacement of the base asset, and the replacement
                conditions.
       16.10.11 Following the replacement of the base asset, the quotation of the CFDs and Spread
                Betting shall be adjusted, and the Customer's account shall be credited or debited, as
                applicable, in accordance with the difference in quotations created due to the
                replacement of the base asset.
       16.10.12 The difference in quotations between the base assets is affected by the difference in
                rates between selling and buying of such assets in the market, and therefore the
                revaluation of selling and buying transactions shall be in different values.
       16.10.13 Customers will incur costs in relation to the Spread Cost in closing the Old contract and
                Opening the New Contract and a Standard Overnight Interest charge.
       16.10.15 Any open transaction held by Customer at the end of the trading day as determined by
                AvaTrade or over the weekend, shall automatically be rolled over to the next business
                day so as to avoid an automatic close and physical settlement of the transaction.
       16.10.16 Customer acknowledges that when rolling over such transactions to the next business
                day, overnight interest may be either added or subtracted from Customer's account with
                respect to such transaction.
       16.10.17 The overnight interest amount shall be determined by AvaTrade from time to time, in
                AvaTrade's absolute discretion.
       16.10.18 Customer hereby authorizes AvaTrade to add or subtract the overnight interest to or
                from Customer's account for any open transaction that have accrued overnight interest,
                in accordance with the applicable rate thereto, each day at the time of collection
                specified on the trading platform for each individual instrument, as applicable.
       16.10.19 Full information related to applicable charges can be found at Trading Conditions and
               Charges
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                     GENERAL TERMS & CONDITIONS
17. COMMUNICATIONS, STATEMENTS AND CONFIRMATIONS
 17.1 Reports, statements, notices, trade confirmations, and any other communications will be posted
      online and may be transmitted to such address as Customer may from time to time designate in
      a written or electronic communication to AvaTrade.
17.2 Customer is responsible for alerting AvaTrade to any change in its e-mail address.
 17.3 Communications are deemed received when made available to Customer by AvaTrade, regardless
      of whether Customer actually accessed the statement.
 17.4 Customer will be able to generate daily, monthly and annual account statements detailing
      transaction activity, profit and loss statements, open positions, margin balances, account credits
      and debits.
 17.5 Customer understands that it must carefully review the reports relating to Customer’s trading
      posted online by AvaTrade.
 17.6 Reports of the confirmation of orders and statements of accounts for Customer posted online by
      AvaTrade shall be deemed correct and shall be conclusive and binding upon Customer if not
      objected to within two business days of the posting online.
 17.7 Objections may be made initially by email or by telephone, but must be confirmed thereafter in
      writing.
 17.8 If Customer becomes aware of an error with respect to any report or statement, such as amounts
      erroneously credited to Customer, Customer shall immediately inform AvaTrade and is
      responsible to return such amount to AvaTrade, and if AvaTrade becomes aware of such
      occurrence, AvaTrade is expressly authorized to correct such error by correcting such report or
      statement, and, if applicable, treating this as a Deficit Balance.
 17.9 Customer declares that by providing its registration data to AvaTrade it hereby consents to,
      AvaTrade, its subsidiaries, marketing partners and agents sending, and Customer receiving, by
      means of telephone, facsimile, SMS or e-mail, communications containing content of a
      commercial nature relating to Customer's use of the trading platform, including information and
      offers from AvaTrade or third parties that AvaTrade believes Customer may find useful or
      interesting, such as newsletters, marketing or promotional materials.
 17.10 Customer acknowledges that AvaTrade does not have to separately obtain Customer's prior
       consent (whether written or oral) before distributing such communications to Customer, provided
       that AvaTrade shall cease to distribute such communications should Customer notify AvaTrade in
       writing that Customer no longer desires to receive such commercial communication.
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                      GENERAL TERMS & CONDITIONS
 17.11 Client statements can be generated by the client at any time on the on-line trading platform.
       These statements will record the time the order was executed and the balance of their account.
       Our internal records will state the time the order was requested from the client.
 17.12 AvaTrade will also provide the client with a statement on an annual basis outlining the details of
       funds held by the firm for the client at end of the period covered by the statement. Statements
       will also show all charges applied during the period covered by the statement, if any.
 17.13 Real time access to each client’s account showing transactions, the time orders were filled and
       the balance on the client’s account will also be available to customers.
 18.2 Neither AvaTrade nor any of its subsidiaries, marketing partners or agents warrants that the
      trading platform or any services provided (including Third Party Licenses) will be available without
      interruption or will be error free and such trading platform and services are being provided "AS
      IS" without any representation or warranty of any kind whatsoever except as otherwise set forth
      herein.
 18.3 Under no circumstances shall AvaTrade or any of its subsidiaries, marketing partners or agents be
      liable for any direct, indirect, punitive, incidental, special, or consequential damages that result
      from the use of, or inability to use, AvaTrade’s trading platform or services (including Third Party
      Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use
      of data, any unauthorized access to, alteration, theft or destruction of Customer's computers,
      computer systems, data files, programs or information, or costs of procurement of substitute
      goods or services.
 18.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an
      essential element of this Agreement and that in its absence; the economic terms of this
      Agreement would be substantially different.
 18.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict
      liability, or any other basis, even if AvaTrade or any of its subsidiaries, marketing partners or
      agents has been advised of the possibility of such damage.
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                      GENERAL TERMS & CONDITIONS
 18.6 Neither AvaTrade nor any of its subsidiaries, marketing partners or agents has liability or duty of
      indemnification related to unusable data, lost or corrupt Customer transactions or data, by
      whatever means, in whatever form.
 18.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade or
      any of its subsidiaries, marketing partners or agents related to unusable data, lost or corrupt
      Customer transactions or data, resulting in part or in whole from third-party software or
      networking goods or services or from internet related problems or from actions or events outside
      of AvaTrade's control.
 18.8 AvaTrade and its subsidiaries, marketing partners and agents disclaim any and all liability resulting
      from or related to any breach of internet security or disruption, distortions or delays of Customer's
      connections to the internet, due to any reason.
 18.9 As OTC is not an exchange traded market, prices at which AvaTrade deals at or quotes may or may
      not be similar to prices at which other OTC market makers deal at or quote.
 18.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype
       of a quote, a quote that is not representative of fair market prices, an erroneous price quote from
       a dealer or erroneous price quote due to failure of hardware, software or communication lines or
       systems or inaccurate external data feeds provided by third-party vendors, AvaTrade will not be
       liable for the resulting errors in account balances. Without derogating from the above, in the
       event that transactions shall be closed or opened based on the Erroneous Quote, AvaTrade’s
       trading room attempts to recognize such event and to act promptly to reset such event. Customer
       acknowledges that the reset process may take time, during which Customer may not be able to
       use its trading account, and outstanding orders may not be executed.
 18.11 In case AvaTrade will identify an erroneous quote or an outdated quote, it may offer the Customer
       an alternative quote or alternatively to continue the transaction, all at the sole discretion of
       AvaTrade.
 18.12 Customer further acknowledges that Ava, its subsidiaries, marketing partners and agents shall not
       be liable for any loss or damage caused due to or in connection with such reset process.
       18.13.1 If any third party software is included within or embedded in the AvaTrade website or
               online trading platform, then such embedded third party software shall be provided
               subject to the terms of this Customer Agreement which apply to the online trading
               platform.
       18.13.2 Customer shall fully comply with terms of any Third Party Licenses that we provide from
               time to time.
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                      GENERAL TERMS & CONDITIONS
       18.13.3 We provide no express or implied warranty, indemnity or support for the Third Party
               Licenses, and will have no liability related thereto.
       18.13.4 "Third Party Licenses" means licenses from third parties governing third party software
               embedded or used in the trading platform.
           (i)   Any profit or loss arising as a result of a fluctuation in Forex, CFDs, Options and Spread
                 Betting will be entirely for Customer’s account and risk;
           (ii) All initial and subsequent deposits for margin purposes shall be made in U.S. Dollars,
                EUROs, Great British Pounds or Japanese Yen in such amounts as AvaTrade may in its
                sole discretion require; and
           (iii) AvaTrade is authorized to convert funds in Customer’s account for margin into and from
                 such foreign currency at a rate of exchange determined by AvaTrade in its sole discretion
                 on the basis of the then prevailing money market rates.
20. INDEMNIFICATION
 20.1 Customer agrees to indemnify and hold AvaTrade, its subsidiaries, marketing partners, agents,
      employees, agents, successors and assigns ("Ava Indemnities”) harmless from and against any and
      all liabilities, losses, damages, costs and expenses, including attorney’s fees, incurred by any of
      AvaTrade indemnities arising out of Customer’s failure to fully and timely perform Customer’s
      obligations herein or under any Third Party License or should any of Customer's representations
      and warranties fail to be true and correct.
 20.2 Customer also agrees to pay AvaTrade indemnities promptly all damages, costs and expenses,
      including attorney’s fees, incurred in the enforcement of any of the provisions of this Agreement
      and any other agreements between AvaTrade and Customer.
 20.3 In addition to any limitations of liability specified elsewhere in this Agreement, AvaTrade
      indemnities shall not be held liable and are released from all claims and losses incurred in such
      regard if the claim or loss was caused or contributed to by:
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                     GENERAL TERMS & CONDITIONS
           (ii) Any act or omission by any person obtaining access to Customer's account, whether or
                not Customer has authorized such access or not,
           (vi) Any reliance or use by Customer or any other third party with access to Customer's
                account of any financial and market data, quotes, news, analyst opinions, research
                reports, graphs or any other data or information whatsoever available through the
                trading platform or any Third Party License, whether to complete a transaction on the
                trading platform or for any other purpose whatsoever.
 20.4 AvaTrade shall be entitled to setoff Customer's liabilities under this section from Customer's
      account.
       21.1.1   AvaTrade does not permit the practice of arbitrage when trading and strictly forbids any
                form of manipulation of its prices, execution, and platform or making transactions based
                on errors, omissions or misquotes on the AvaTrade platform.
       21.1.2   Price latency, connectivity delays, and price feed errors sometimes create a situation
                where the prices displayed do not accurately reflect market rates. The concept of
                arbitrage and "scalping", or taking advantage of these Internet delays, cannot exist in an
                OTC market where the client is buying or selling directly from the market maker.
       21.1.3   Any transactions that rely on price latency or price feed errors may be subject to
                intervention which includes the right to void any transactions which AvaTrade has
                determined to be a result of any of these practices, revocation of profits, widening of
                spreads, block of trading and any other necessary corrections or adjustments on the
                account without prior notice.
       21.1.4   If AvaTrade suspects or has reason to believe that Customer has abused the terms and
                conditions by hedging positions internally (using other trading accounts held with
                AvaTrade) or externally (using other trading accounts held with other brokers), AvaTrade
                reserves the right to cancel any trades or profits associated with Customer’s account(s).
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                     GENERAL TERMS & CONDITIONS
       21.2.1   AvaTrade may hedge our liability to you by opening analogous positions with other
                institutions or in the underlying market. The result of our doing this is that when you
                trade with us your trades can, through our hedging, exert a distorting influence on the
                underlying market for that index, in addition to the impact that it may have on our own
                prices. This creates a possibility of market abuse.
       21.2.2   Customer represents and warrants, and agrees that each such representation and
                warranty is deemed repeated each time Customer opens or closes a position that:
                       (a) Customer will not place and has not placed a trade with us relating to a
                       particular index or any other CFD price if to do so would result in Customer, or
                       others with whom Customer is acting in concert together, having an exposure to
                       the price of the underlying financial instrument which can create a situation of
                       market abuse.
(b) Customer will not place and has not placed a trade with us in connection with:
                       (c) Customer will not place or close a position and Customer will not place an
                       order that contravenes any primary or secondary legislation or other law against
                       insider dealing or market manipulation. Customer agrees that AvaTrade may
                       proceed on the basis that when Customer opens or closes a position or places an
                       order on a share price, Customer may be treated as dealing in securities within
                       the meaning of the relevant statutes or regulations.
       21.2.3   In the event that (a) Customer places or closes any trade or places an order in breach of
                the representations and warranties given, or AvaTrade has reasonable grounds for
                suspecting that Customer may have done so, AvaTrade may at our absolute discretion
                and without being under any obligation to inform Customer of our reason for doing so
                close that trade and any other trade or trades that you may have open at the time, if
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                      GENERAL TERMS & CONDITIONS
                applicable, and also at our absolute discretion cancel any trades or profits associated
                with Customer’s account(s)
       21.2.4   Customer acknowledges that trade are speculative arrangements and Customer agrees
                that Customer will not enter into any transactions with us in connection with any
                corporate finance style activity.
       21.2.5   Customer acknowledges that it would be improper for Customer to deal in the underlying
                market if the sole purpose of such a transaction was to impact on our bid or offer prices,
                and Customer agrees not to conduct any such transactions.
 22.3 AvaTrade may, at its sole discretion, allow Customer to specify a closing price for a transaction at
      the trading platform through a “Close at Loss” and “Close at Profit” order, subject always to the
      terms of this Agreement and any other terms and conditions AvaTrade may implement from time
      to time.
       22.3.1   “Close at Loss” means an offer to close a transaction at a price determined in advance by
                Customer which, in the case of a transaction that is opened by offering to buy a specific
                number of a certain instrument, is lower than the opening transaction price, and in the
                case of a transaction that is opened by offering to sell a specific number of a certain
                instrument, is higher than the opening transaction price.
       22.3.2   “Close at Profit” means an offer to close a transaction at a price determined in advance
                by Customer which, in the case of a transaction that is opened by offering to buy a
                specific number of a certain instrument, is higher than the opening transaction price, and
                in the case of a transaction that is opened by offering to sell a specific number of a certain
                instrument, is lower than the opening transaction price.
 22.4 Upon Customer's offer and AvaTrade's acceptance of an order, Customer hereby authorizes
      AvaTrade to close the transaction at the Close at Loss price or Close at Profit price, as applicable,
      and as agreed upon in the order, without further instruction from or notification to Customer.
 22.5 AvaTrade may, in its sole discretion, close the transaction when the price quoted by AvaTrade on
      the trading platform equals the price accepted by AvaTrade for such an order.
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                     GENERAL TERMS & CONDITIONS
 22.6 Customer acknowledges and agrees that AvaTrade shall not be obligated to close a transaction
      which does not otherwise comply with any other limitations agreed upon with respect to such
      transaction.
 22.7 Customer acknowledges and agrees that due to market volatility and factors beyond AvaTrade's
      control, AvaTrade cannot guarantee that a Close at Loss order will be executed at the level
      specified in Customer's order. In such an event, AvaTrade will close the transaction at the next
      best price.
 22.8 If, before Customer's “Limit Order” offer to open or close a transaction is accepted by AvaTrade,
      AvaTrade's quote moves to Customer's advantage (for example, if the price goes down as
      Customer buys or the price goes up as Customer sells) Customer agrees that AvaTrade will execute
      the closing transaction at the Customer’s specified price and not better. Customer agrees that
      AvaTrade can retain such price movement for its own account.
 22.9 Customer is aware that a part of AvaTrade's revenues derives from the spreads on each
      transaction. The spread is the difference between the bid & the ask price of the price quote on a
      transaction. Therefore, in case the fair market price reduces AvaTrade’s spread in a specific
      transaction, AvaTrade may, at its sole discretion, choose not to execute such transaction, in which
      case AvaTrade may send Customer an amended quote for his consideration. AvaTrade may
      complete a transaction at its sole discretion in case the fair market price does not affect
      AvaTrade's spread from the transaction and / or increases it.
 23.2 Customer understands that because of the low margin normally required in OTC trading, price
      changes in OTC may result in significant losses.
 23.3 Customer warrants that Customer is willing and able, financially and otherwise, to assume the risk
      of OTC trading, and in consideration of AvaTrade’s carrying his/her account(s), Customer agrees
      not to hold AvaTrade and any of its subsidiaries, marketing partners or agents responsible for any
      losses incurred by Customer.
23.4 Customer recognizes that guarantees of profit or freedom from loss are impossible in OTC trading.
 23.5 Customer acknowledges that Customer has received no such guarantees from AvaTrade or from
      any of its representatives or any introducing agent or other entity with whom Customer is
      conducting his/her AvaTrade account and has not entered into this agreement in consideration
      of or in reliance upon any such guarantees or similar representations.
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                      GENERAL TERMS & CONDITIONS
 23.6 The high degree of leverage that is obtainable in the trading of Forex, CFDs, Options and Spread
      Betting transactions can work against you as well as for you. Leverage can lead to large losses as
      well as gains.
23.7 During times of extreme volatility it can be difficult or impossible to execute orders.
           (i)   Any market recommendations, signals and information communicated by any method
                 of communication to Customer by AvaTrade and any of its subsidiaries, marketing
                 partners, agents or by any person within AvaTrade does not constitute an offer to sell or
                 the solicitation of an offer to buy any OTC contract, and that AvaTrade does not provide
                 investment advice
           (ii) Such recommendation and information, although generally based upon information
                obtained from sources believed by AvaTrade to be reliable, may be based solely on a
                broker’s opinion and that such information may be incomplete and may be unverified,
                and
           (iii) AvaTrade makes no representation, warranty or guarantee as to, and shall not be
                 responsible for, the accuracy or completeness of any information or market
                 recommendation furnished to Customer and shall not be responsible for any loss or
                 damage including without limitation any loss of margin or profits which may arise directly
                 or indirectly from use or reliance on such recommendations or information.
 24.2 Customer understands that Customer is solely responsible for assessing the merits and risks of
      any trade it may enter into with AvaTrade whether as a result of information provided by
      AvaTrade or otherwise.
 24.3 Customer acknowledges that AvaTrade and/or its officers, directors, marketing partners,
      associates, stockholders or representatives may have a position in or may intend to buy or sell
      Forex, CFDs, Options and Spread Bets, which are the subject of market recommendations
      furnished to Customer, and that the market position of AvaTrade or any such officer, director,
      marketing partner, associate, stockholder or representative may not be consistent with the
      recommendations furnished to Customer by AvaTrade.
 24.4 Customer acknowledges that AvaTrade makes no representations concerning the tax implications
      or treatment of any trading activity.
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                     GENERAL TERMS & CONDITIONS
 25.1 Customer represents and warrants that:
           (i)   if Customer is a natural person, Customer is of sound mind, legal age and legal
                 competence
                           a. Customer is duly organized and validly existing under the applicable laws
                              of the jurisdiction of its organization;
                           b. Execution and delivery of this Agreement and all Contracts and other
                              transactions contemplated hereunder and performance of all obligations
                              contemplated under this Agreement and all other transactions
                              contemplated hereunder have been duly authorised by Customer; and
                           c. Each person executing and delivering this Agreement and all other
                              transactions contemplated hereunder on behalf of the Customer, has
                              been duly authorised by Customer to do so.
           (iii) No person other than Customer has or will have an interest in Customer’s account(s) and
                 Customer has not granted and will not grant a security interest in Customer’s account
                 with AvaTrade (other than the security interest granted to AvaTrade hereunder) to any
                 person without AvaTrade’s 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 AvaTrade hereunder) without AvaTrade’s
                 prior written consent; and,
           (iv) Customer hereby warrants that regardless of any subsequent determination to the
                contrary, Customer is suitable to trade OTC; and,
           (v) Customer is not now an employee of any exchange, any corporation in which any
               exchange owns a majority of the capital stock, any member of any exchange and/or firm
               registered on any exchange, or any bank, trust, or insurance company, and in the event
               that Customer becomes so employed, Customer will promptly notify us, at AvaTrade 's
               home office, in writing, of such employment; and,
           (vi) Customer will execute and deliver all documents, give all notices, make all filings and
                take such other actions as AvaTrade, in its sole discretion, deems necessary or desirable
                to evidence or perfect any security interest in favor of AvaTrade or to protect AvaTrade’s
                interests with respect to any Collateral; and,
           (vii) Customer has read and understands the provisions contained in this Agreement,
                 including, without limitation, AvaTrade’s Risk Disclosure Statement and Privacy
                 Statement; and
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                     GENERAL TERMS & CONDITIONS
           (viii) Customer will review this Agreement; and
           (ix) Customer will not affect any transaction in Customer’s account unless Customer
                understands this Agreement, and Customer agrees that in effecting any transaction it is
                deemed to represent that it has read and understands this Agreement as in effect at the
                time of such transaction; and
           (x) Customer agrees to, and shall at all times comply with all applicable laws, statutes and
               regulations and Customer hereby declares that the execution and delivery by Customer
               of this Agreement and all other transactions contemplated hereunder, and performance
               of all of Customer’s obligations contemplated under this Agreement and any other
               transaction contemplated hereunder, will not violate any statute, rule, regulation,
               ordinance, charter, by-law or policy applicable to Customer. Customer may not use this
               account with AvaTrade for any illegal activity.
 26.2 In the event that Customer designates its account as an Islamic account, Customer may not keep
      transactions in such account open for more than 5 days and may not otherwise abuse such
      benefit.
 26.3 AvaTrade reserves the right to cancel the aforesaid benefit at any time and take any action
      necessary in AvaTrade's absolute discretion due to abuse of this benefit.
 26.4 Such actions may include, without limitation, the designation of the Islamic Account as a regular
      account and retroactively effecting required adjustments (e.g., setting off amounts from the
      account equal to amounts paid by AvaTrade as interest), cancellation of transactions, and
      adjustment of account balances.
 27.2 The Customer represents and warrants that the Customer has very carefully considered the
      portion of the Customer’s assets which the Customer considers to be risk capital.
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                     GENERAL TERMS & CONDITIONS
 27.3 The Customer recognizes that risk capital is the amount of money the Customer is willing to put
      at risk and the loss of it would not, in any way, change the Customer’s lifestyle.
 27.4 The Customer agrees to immediately inform us if the Customer’s financial condition changes in
      such a way to reduce the Customer’s net worth, liquid assets and/or risk capital.
 28.2 Customer understands that Customer must authorize every transaction prior to its execution
      unless Customer has delegated discretion to another party by signing AvaTrade’s limited trading
      authorization or as otherwise agreed in writing with AvaTrade, and any disputed transactions
      must be brought to the attention of AvaTrade’s Compliance Officer pursuant to the notice
      requirements of this Customer Agreement.
 28.3 Customer agrees to indemnify and hold AvaTrade and its subsidiaries, marketing partners and
      agents harmless from all damages or liability resulting from Customer’s failure to immediately
      notify AvaTrade’s Compliance Officer of any of the occurrences referred to herein.
28.4 All notices required under this section shall be sent to AvaTrade at its home office.
       29.1.1    AVA Group does not control, and cannot endorse or vouch for the accuracy or
                completeness of any information or advice Customer may have received or may receive
                in the future from AVA Group’s Marketing partners or from any other person not
                employed by, or acting on behalf of AVA Group, regarding the risks involved in the
                trading of Forex, CFDs, Options and Spread Betting or the risks involved in such trading.
       29.1.2   Since Marketing partner is not an employee or agent of AVA Group, AVA Group does not
                endorse or vouch for the services provided by the Marketing partner It is the Customer’s
                responsibility to perform necessary due diligence on the Marketing Partner prior to using
                any of their services.
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                     GENERAL TERMS & CONDITIONS
       29.1.3   Customer understands that in order to trade with AvaTrade the Customer must open an
                account directly with AvaTrade. AvaTrade makes available appropriate risk disclosure
                information to all Customers when they open accounts. Customers should read that
                information carefully and should not rely on any information to the contrary from any
                other source.
       29.1.4   Customer acknowledges that no representations and/or warranties have been made by
                AvaTrade its servants or agents or any individual associated with AvaTrade regarding
                future profits or losses in Customer’s account.
       29.1.5   Customer understands that Forex, CFDs, Options and Spread Betting trading is very risky,
                and that many people lose money trading and that all Forex, CFDs, Options and Spread
                Betting trading, including trading done pursuant to a system, course, program, research
                or recommendations of an Marketing partner, Trading Agent or any other third party
                involves a substantial risk of loss. In addition, Customer hereby acknowledges, agrees
                and understands that the use of a trading system, course, program, research or
                recommendations of an Marketing partner, Trading Agent or any other third party will
                not necessarily result in profits, avoid losses or limit losses.
       29.1.6   Because the risk factor is high in Forex, CFDs, Options and Spread Betting trading, in case
                Client does not have the extra capital he can afford to lose, Client should consider
                carefully before trading.
       29.1.7   Customer understands and acknowledges that AVA Group may remunerate an
                Marketing partner for referring Customer to AVA Group and that such remuneration may
                be on a per-trade basis or other basis. Further, the Client has a right to be informed of
                the precise nature of such remuneration
       29.1.8   Customer acknowledges that an Marketing partner may also, in some circumstances, be
                a Trading Agent. Customer understands that by using a Trading Agent, Customer may
                incur a mark-up, above and beyond the ordinary spread generally provided by AvaTrade.
       29.1.9   AvaTrade shall in no way be responsible for any loss to Customer resulting from
                Customer's use of any information or advice given by any third party including a Trading
                Agent or Marketing partner.
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                      GENERAL TERMS & CONDITIONS
 30.2 Customer acknowledges that AvaTrade its subsidiaries, marketing partners or agents shall in no
      way be responsible for reviewing Customer’s choice of such Trading Agent, or the actions taken
      by it, nor making any recommendations with respect thereto.
(i) That AvaTrade makes no warranties nor representations concerning any Trading Agent,
           (ii) That AvaTrade its subsidiaries, marketing partners or agents shall not be responsible for
                any loss to Customer occasioned by the actions of the Trading Agent, and
           (iii) That AvaTrade does not, by implication or otherwise, endorse or approve of the
                 operating methods of the Trading Agent.
 30.4 If a Customer chooses to grant trading authority or control over Customer’s account to a Trading
      Agent, Customer agrees to enter into a power of attorney agreement (‘POA’) with the Trading
      Agent to permit same, and to furnish the POA to AvaTrade.
 30.5 Customer acknowledges that upon receipt of the POA, AvaTrade is authorised to follow the
      instructions of the Trading Agent in every respect until AvaTrade is notified in writing by the
      Customer that the POA is revoked or the POA has expired.
       The Customer authorises AvaTrade to debit Customer’s Account in accordance with the terms
       agreed between Customer and Trading Agent and which are set out in the POA.
 30.6 Customer acknowledges that the Trading Agent and many third party vendors of trading systems,
      courses, programs, research or recommendations may not be regulated by a government agency.
      It is the Customer’s responsibility to perform necessary due diligence on the Trading Agent prior
      to using any of their services and to satisfy themselves of its competence and/or suitability to the
      Customer.
 30.7 Customer acknowledges that it or the Trading Agent may elect to use an automated trading
      system. Customer acknowledges that AvaTrade does not take any responsibility for any such
      system. The Customer is aware of the volume of trading and resulting commissions that such
      systems may generate and the impact that this may have on the performance of the Account
      Customer accepts the risks associated with the use of computers and data feed systems, which
      may include, but are not limited to, failure of hardware, software or communication lines or
      systems and/or inaccurate external data feeds provided by third-party vendors and the Customer
      further agrees to hold AvaTrade harmless from any losses in the Account associated with these
      risks. Customer acknowledges that neither AvaTrade nor any of its officers, directors, vendors,
      employees, agents, associated persons or AvaTrade personnel will be liable for any such
      breakdown or failure.
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 30.8 Customer understands that by using a Trading Agent or automated trading system, Customer may
      incur a mark-up, above and beyond the ordinary spread generally provided by AvaTrade. Details
      of any such mark up will be displayed in the spread on the client trading account using the
      automated system and/or provided in the agreement between the Trading Agent and Customer.
 30.9 Customer acknowledges that any decisions or actions taken by the Trading Agent on Customer’s
      behalf shall be deemed to have been taken by the Customer and any losses or gains generated by
      the Trading Agent’s action shall be for the Customer’s account.
 30.10 Customer agrees to indemnify and hold Ava, harmless from and against all liabilities, losses,
       damages, cost and expenses, including attorney's fees that arise directly or indirectly from the
       Trading Agent's management of the account, including, without limitation all actions, instructions
       or omissions by the Trading Agent.
 30.11 The Customer acknowledges that the risk factor in trading foreign exchange, commodities,
       futures, Forex, CFDs, Options and Spread Betting is substantially high, and therefore the Customer
       further acknowledges that she/he should carefully consider trading through AvaTrade, whether
       through a Trading Agent or otherwise, if the Trader does not have capital she/he can afford to
       lose.
 31.2 AvaTrade 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 or in response to a court order or subpoena.
31.3 AvaTrade will share or sell statistical information without disclosing Customer's identity.
32. TERMINATION
 32.1 This Agreement shall continue in effect until termination, and may be terminated by Customer at
      any time upon three days prior written notice (which may be by e-mail) when Customer has no
      Forex, CFDs, Options and Spread Betting position(s) and no liabilities held by or owed to AvaTrade
      upon the actual receipt by AvaTrade at its home office of written notice of termination, or at any
      time whatsoever by AvaTrade upon the transmittal of written notice of termination to Customer;
      provided, that such termination shall not affect any transactions previously entered into and shall
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                     GENERAL TERMS & CONDITIONS
       not relieve either party of any obligations set out in this agreement nor shall it relieve Customer
       of any obligations arising out of any deficit balance.
32.2 Sections 14, 17, 19, 24, 31, 43 shall survive termination of this Agreement for any reason.
 33.2 Customer acknowledges that the Ava Group IP is confidential and has been developed through
      the expenditure of substantial skill, time, effort and money.
 33.3 The Customer will protect the confidentiality of the Ava Group IP and not allow website access to
      any third party.
 33.4 Customer will not publish, distribute, or otherwise make available to third parties any information
      derived from or relating to the Ava Group IP.
 33.5 Customer will not copy, modify, de-compile, reverse engineer, or make derivative works of the
      Ava Group IP or in the manner in which it operates.
 33.6 If Customer has comments on AvaTrade's services or ideas on how to improve them, Customer is
      welcome to contact AvaTrade. By doing so, Customer grants AvaTrade a perpetual, royalty-free,
      irrevocable, transferable license, with right of sublicense, to use and incorporate Customer's ideas
      or comments into the AvaTrade's services, and to otherwise exploit Customer's ideas and
      comments, in each case without payment of any compensation.
34. RECORDINGS
 34.1 Customer agrees and acknowledges that all conversations regarding Customer’s account(s)
      between Customer and AvaTrade personnel may be electronically recorded with or without the
      use of an automatic tone warning device.
 34.2 Customer further agrees to the use by AvaTrade, its subsidiaries, marketing partners and agents
      of such recordings and transcripts as it deems fit in connection with any dispute or legal
      proceeding that may arise.
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                      GENERAL TERMS & CONDITIONS
 34.3 Customer understands that AvaTrade destroys such recordings at regular intervals in accordance
      with AvaTrade’s established business procedures and Customer hereby consents to such
      destruction.
 35.2 For avoidance of doubt, the ability to access AvaTrade's Web site does not necessarily mean that
      AvaTrade's services, and/or Customer's activities through it, are legal under the laws, regulations
      or directives relevant to Customer's country of residency.
 35.3 This Web site does not constitute, and may not be used for the purposes of, an offer or solicitation
      to anyone in any jurisdiction in which such offer or solicitation is not authorised, or to any person
      to whom it is unlawful to make such an offer or solicitation.
 35.4 Access to this Web site, and the offering of financial contracts via this site, may be restricted in
      certain jurisdictions, and, accordingly, users accessing this site are required to inform themselves
      of, and to observe, such restrictions.
36. DECLARATION
 36.1 By acceptance of this Agreement, Customer hereby declares that the moneys invested in
      Customer's account with AvaTrade do not originate from drug trafficking, abduction, or any other
      criminal activity.
 37.2 Without limiting the foregoing, it is Customer's obligation alone to calculate and pay all taxes
      applicable to you in Customer's country of residence, or otherwise arising as a result of Customer's
      trading activity from the use of the AvaTrade's services.
 37.3 Without derogating from Customer's sole and entire responsibility to perform tax payments,
      Customer agrees that AvaTrade may deduct tax, as may be required by the applicable law, but is
      not obligated to do so, from the results of the activity with AvaTrade.
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                         GENERAL TERMS & CONDITIONS
 37.4 Customer is aware that amounts that may be withdrawn by Customer from Customer's account
      are "gross amounts", from which the AvaTrade may deduct such taxes, and that Customer shall
      have no claim towards AvaTrade with regard to such deductions.
Inactivity Fee:
 38.2 Customer acknowledges that the Customer's trading account may be subject to an annual
      administration fee unless prohibited by law. After 12 consecutive months of non-use ("Annual
      Inactivity Period"), an administration fee will be deducted from the value of the Customer’s
      trading account. This fee is outlined below and subject to client relevant currency based account:
      This is to offset the cost incurred in making the service available, even though it may not be used.
Administration Fee:
 39.2 Customer further acknowledges that AvaTrade makes efforts to prevent fraud and to confirm
      Customer's identity.
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                      GENERAL TERMS & CONDITIONS
 39.3 Accordingly, Customer has provided AvaTrade, or shall provide AvaTrade promptly following the
      opening of the trading account, with certain identifying information and documents as shall be
      requested by AvaTrade, including a copy of Customer's ID, a copy of Customer's utility bill (e.g.,
      phone bill, property tax bill), and copies of both sides of Customer's credit card (in the event
      deposit has been made through credit card).
 39.4 Customer confirms that Customer has provided true, accurate, current and complete information
      during the registration process, and that Customer has not impersonated any person or entity, or
      misrepresented any affiliation with another person, entity or association, used false headers or
      otherwise concealed Customer's identity from AvaTrade for any purpose.
           (i)   Withdrawal orders: The provision of documentation as may be required from time to
                 time by Anti Money Laundering regulations, credit card companies and AvaTrade, is a
                 prerequisite, prior to the execution of a withdrawal order.
           (ii) Customer acknowledges that withdrawals may take longer than expected for numerous
                reasons, some in AvaTrade’s control and some not.
           (iii) Credit card deposits may be, according to credit card companies' regulations, returned
                 to the same credit card when a withdrawal is performed. A withdrawal to a bank account
                 where initial deposits have been performed by credit cards will be executed back to
                 credit card or to the bank account at AvaTrade's discretion. Withdrawals to bank account
                 may take a longer time period, due to additional security procedures.
           (iv) Credit Card Deposits Variance: When choosing an account base currency other than USD,
                Customer's credit card may be debited sums which due to exchange rates and credit card
                companies’ fees, may slightly vary from the initial sum that has been deposited by
                Customer in the account base currency. Customer hereby accepts that such variations
                may occur and hereby affirms that Customer shall not seek to object or charge this back.
           (vi) Alternative payment methods (internet payment vendors; money transfer services; etc.):
                when depositing funds using a facility other than credit cards and/or banks, you agree
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                     GENERAL TERMS & CONDITIONS
                to, and acknowledge being bound by, the regulations and rules of such service, including,
                but not limited to, fees and other restrictions. AvaTrade, at its sole discretion, may
                execute withdrawals to a facility other than the facility used for the original deposit, in
                accordance with anti-money-laundering regulations.
41. STATEMENTS
 41.1 Customer hereby consents to receive account statements and trade confirmations online.
41.2 AvaTrade will provide customer with password-protected access to online reports.
 41.3 Customer will be able to generate Daily, Monthly and Annual account statements detailing
      transaction activity, profit and loss statements, open positions, margin balances, account credits
      and debits, etc.
 41.4 Hard copies of Monthly customer statements are available upon request only and may incur an
      additional charge.
 41.5 Statements are deemed received when made available to customer by AVATRADE, regardless of
      whether the customer actually accessed the statement.
41.6 Customer is responsible for alerting AVATRADE to any change in their e-mail address.
 41.7 This consent shall be effective until revoked by customer in writing and received by AVATRADE
      according to Section 16 of this customer agreement.
 42.2 In addition, by signing AvaTrade’s account agreement and related documents, Customer is
      consenting to AvaTrade maintaining and Customer receiving electronic records of Customer's
      trades and accounts.
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                     GENERAL TERMS & CONDITIONS
44. WAIVER AND AMENDMENT
 44.1 Customer understands, acknowledges and agrees that AvaTrade may amend or change this
      Agreement at any time.
 44.2 AvaTrade will provide notice to Customer of any such amendment or change by posting the
      amendment or change on AvaTrade's website or by sending an e-mail message to Customer at
      least 7 days before it takes effect.
44.3 Customer agrees to be bound by the terms of such amendment or change on that date.
 44.4 In the event that Customer objects to any such change or amendment, Customer agrees to
      liquidate Customer’s open positions and instruct AvaTrade 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 on AvaTrade's website or otherwise notified Customer.
 44.5 No waiver or amendment of this Agreement may be implied from any course of dealing between
      the parties or from any failure by AvaTrade or failure of AvaTrade's agents to assert its rights
      under this Agreement on any occasion or series of occasions.
46. ASSIGNMENT
 46.1 Customer may not assign or transfer any of its rights or obligations under this Agreement to a
      third party without the prior written consent of AvaTrade. Any attempted assignment or transfer
      in violation of the foregoing will be void. AvaTrade may freely assign this Agreement.
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                     GENERAL TERMS & CONDITIONS
48. BINDING EFFECT
 48.1 This Agreement shall be continuous and shall cover, individually and collectively, all accounts of
      Customer at any time opened or reopened with AvaTrade irrespective of any change or changes
      at any time in the personnel of AvaTrade or its successors, assigns, subsidiaries, marketing
      partners or agents.
 48.2 This Agreement including all authorizations, shall inure to the benefit of AvaTrade and its
      subsidiaries, marketing partners, agents, 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.
 48.3 Customer hereby ratifies all transactions with AvaTrade effected 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.
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