Bitfundsfx’s first-class customer service is based on the principles of our policy and mission statement:
You, the client, are our most important concern. At Bitfundsfx, we appreciate that if you are totally happy with our services then that will lay the foundation for our success.
Bitfundsfx fully understands that its key resources are its clients, staff, financial resource and its business reputation. Consequently, we commit ourselves to fully protecting the values of these important assets by rigorously applying moral and legal procedures that oversee all our business activities.
Bitfundsfx prides itself on the quality of all aspects of its operations and services. We are constantly seeking to achieve the excellence of performance that will allow us to become a leading Forex provider. However, although we have a global presence we will always strive to ensure that all our business activities are performed to the level that you would expect from a world-class company.
At Bitfundsfx, we believe that if our staff is happy then they will consistently provide first-class service to our customers enabling Bitfundsfx to continuously grow and flourish.
Bitfundsfx imposes a policy with the intent to constantly search for methods that will enable us to improve all aspects of our services, processes, technology and trading practices. We are particularly aware of the ever-changing nature of our competition and the need to find improvements to satisfy the evolving needs of our customers.
Bitfundsfx believes in the importance of always trading with honesty and integrity. As such, you can rest assured that you will always experience these important attributes whenever you do business with Bitfundsfx in all aspects.
Bitfundsfx appreciates the wellbeing of all its clients as its prime objective. Consequently, our policy and mission is to build long-lasting relationships that are based on mutual success and honesty. Central to our policy for client care is our philosophy to provide proficient and excellent service as well as satisfying all their educational needs concerning our products and facilities.
1. Purpose.
The purpose of this Order Execution Policy is to establish effective arrangements for obtaining the best possible results for the Company’s clients, when the Company is executing clients’ orders.
This Order Execution Policy (the “Policy”) aims to set out those arrangements and to ensure compliance with legislative requirements.
This Policy shall be read in conjunction with the Company’s Terms of Use.
2. Legal Framework.
This Policy is meant to obtain the best possible result for our clients taking into account price, costs, speed, likelihood of execution, size, nature or any other consideration relevant to the execution of the order. Nevertheless, whenever there is a specific instruction from the client, the Company shall execute the order following such specific instruction.
3. Policy.
The Company’s senior management reviews the Policy on an annual basis or/and whenever a material change occurs that impacts the Company’s ability to continue offering best execution of its clients’ orders using the Company’s trading platform.
The Company proceeds to maintain the Policy, in order to ensure compliance with the Company’s obligation to execute orders on terms most favourable to the clients while achieving the best possible results for its clients, taking into consideration its clients’ ability, needs and trading policies, where applicable and possible.
However, when the Company is ordered by the client to execute an order following specific instructions, the Company will be discharged of its obligation to execute orders on terms most favourable to the client.
A. Best Execution Criteria
In order to determining the best execution criteria with relative importance of the execution factors, the Company will take into account:
· The characteristics of the client.
· The characteristics of the client’s order.
· The characteristics of the financial instruments that are the subject of such order.
· The characteristics of the execution venues to which such order can be directed.
The best possible result will be determined in terms of the total consideration, representing the price of the contract and the cost related to execution. The other execution factors of speed, likelihood of execution, size, nature or any other relevant consideration will, in most cases, be secondary to price and cost considerations, unless they would deliver the best possible result for the client in terms of total consideration.
B. Execution Factors
The Company, when managing client’s orders, takes into account various execution factors, provided that there are no specific instructions from the client to the Company about the way of execution of the orders. The execution factors include:
· Price.
· Speed and likelihood of execution.
· Costs or commissions.
· Size and nature of the order.
· Market conditions and variations.
· Execution capability.
· Any other direct consideration relevant to the execution of the order.
This Customer Agreement (“Agreement”) is entered into by and between Bitfundsfx Ltd. (“Bitfundsfx”), a corporation organized under the laws of the St. Vincent and the Grenadine , its successors and assigns, and the undersigned individual or individuals (as applicable, “Customer”) that wants to open a Customer Account (“Account”) with Bitfundsfx.
In consideration of Bitfundsfx’s agreement to carry one or more Accounts of Customer and provide services to Customer in connection with the purchase and sale of over-the-counter margin based trading contracts, Customer agrees as follows:
1. TRADING
2. AUTHORIZATION TO TRADE.
Subject to the terms and conditions of this Agreement and acceptance of Customer’s application to open an Account with Bitfundsfx, Customer hereby authorizes Bitfundsfx to maintain one or more Accounts in Customer’s name and engage in transactions for Customer’s Account in accordance with oral, written or electronic instructions by Customer and its officers, partners, principals, employees or other agents (“Representatives”). Customer will bear the risk of all unauthorized instructions by its Representatives and will indemnify and hold Bitfundsfx harmless from all claims, liabilities, losses, damages, fees, costs and expenses relating to or arising from Bitfundsfx’s reliance on such instructions, including any improper, unauthorized or fraudulent instructions by the Representatives, except in cases of gross negligence or willful misconduct by Bitfundsfx. Unless expressly stated otherwise in writing, all transactions entered into between Bitfundsfx and Customer shall be governed by the terms of this Agreement, as amended from time to time (including, without limitation, Bitfundsfx’s Risk Disclosures and Trading Policies and Procedures).
3. ACCOUNTS
4. ACCOUNT APPROVALS AND MAINTENANCE.
Bitfundsfx may reject Customer’s application or close Customer’s Account for any reason, at Bitfundsfx’s sole and absolute discretion. Bitfundsfx may require Customer to provide Bitfundsfx with additional information or documentation in order for Bitfundsfx to continue carrying Customer’s Account. Customer acknowledges that Bitfundsfx may, at any time in its sole and absolute discretion, restrict trading, disbursements or transfers. Bitfundsfx may amend, change, revise, add or modify the Agreement at any time. The most current Agreement will be posted to Bitfundsfx’s Web site http://www.Bitfundsfx.com. Customer understands that this Agreement cannot be modified by any verbal statements or written amendments that Customer seeks to make to the Agreement without written acceptance from the General Counsel of Bitfundsfx. Customer acknowledges and agrees that Accounts are segregated in the Bitfundsfx’s books and records only, and Customer’s funds are not FDIC-insured and are deposited with a liquidity provider selected by Bitfundsfx in its sole discretion.
5. JOINT ACCOUNT OWNERS.
If this Account is held by more than one (1) person, all of the joint holders agree to be jointly and severally liable for the obligations assumed in this Agreement. If this Account is held in trust, joint ownership, or partnership, the undersigned hereby agrees to indemnify, defend and hold harmless Bitfundsfx for any losses resulting from breach of any fiduciary duty of the undersigned to the other holders and beneficiaries of this Account. Further, any one or more of the joint owners shall have full authority for the Account and risk of the Account owners, to buy, sell, and trade in transactions of off-exchange products, to deposit with and withdraw from Bitfundsfx, currencies, securities, negotiable instruments, and other property, including withdrawals to or for the individual use or Account of the party directing the sale or of any other party, to receive and acquiesce in the correctness of notices, confirmations, requests, demands and all other forms of communications, and to settle, compromise, adjust, and give releases with respect to any and all claims, demands, disputes, and controversies. Upon death or legal incapacity of any of the undersigned, Bitfundsfx is authorized to take such action in regard to the Account, as Bitfundsfx may deem advisable to protect itself against any liability, penalty or loss. Customer agrees to notify Bitfundsfx immediately upon the death or legal incapacity of any joint owner. Bitfundsfx may terminate this Agreement by written notice to any one of the joint owners.
6. MARGINS AND DEPOSIT REQUIREMENTS.
Customer shall provide and maintain margin in such amounts and in such forms as Bitfundsfx, in its sole discretion, may require. Customer agrees to deposit by immediate wire transfer such additional margin when and as required by Bitfundsfx, and will immediately meet all Margin Calls in such mode of transmission as Bitfundsfx shall, in its sole discretion, designate. Bitfundsfx may change margin requirements at any time without prior notice. Bitfundsfx retains the right to limit the amount and/or total number of open positions that Customer may acquire or maintain at Bitfundsfx. Bitfundsfx reserves the right to close any Customer positions at any time that it deems necessary. Bitfundsfx shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions including but not limited to 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. For example, in volatile market conditions a margin call may be delayed resulting in the possibility of a negative usable margin; a margin call may occur even if positions are hedged, in the jurisdictions where hedging is permitted by law, due to rate volatility or daily interest charges or credits.
7. ROLLOVERS.
Bitfundsfx may, in its sole discretion and without notice to Customer, offset Customer’s open positions, roll over Customer’s open positions into the next settlement time period, or make or receive delivery on behalf of Customer upon any terms and by any methods deemed reasonable by Bitfundsfx, in its sole discretion. Terms and/or methods for delivering, offsetting, or rolling over Customer’s open positions may differ on a customer-by-customer basis, at Bitfundsfx’s sole discretion. Any positions held in Customer’s Account at 5PM EST may be rolled over to the next settlement date and the Account may be debited or credited for the interest differential for the rollover period. An existing account is always accumulated for 90 day (ninety days) before it’s first withdrawal.
8. LIQUIDATION OF ACCOUNTS.
In the event of: (a) death or judicial declaration of incompetence of Customer or, in the case of a legal entity, its dissolution or liquidation; (b) 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; (c) filing of an attachment against any of Customer’s Accounts carried by Bitfundsfx; (d) insufficient margin, or Bitfundsfx’s determination that any collateral deposited to protect one or more Accounts of Customer is inadequate, regardless of current market quotations, to secure the Account; (e) Customer’s failure to provide Bitfundsfx any information requested pursuant to this Agreement; or (f) any other circumstances or developments that Bitfundsfx deems appropriate for its protection, and in Bitfundsfx’s sole discretion, it may take one or more, or any portion of, the following actions: (1) sell any or purchase any or all contracts, securities or other property held or carried for Customer; and (2) cancel any or all outstanding orders or contracts, or any other commitments made with 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 or appointed 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.
9. MANAGED ACCOUNTS.
With regard to managed Accounts, a money manager (“Money Manager”) is a person or entity authorized to make decisions with respect to an Account on behalf of the Account’s beneficial owners, including a trustee, custodian, conservator, guardian, executor, administrator, attorney in fact, or investment advisor or other person to whom Customer has granted trading authority over an Account. Customer understands and agrees that Bitfundsfx may, but is not required to, review any action or inaction by a Money Manager with respect to an Account and is not responsible for determining whether a Money Manager’s action or inaction satisfies the standard of care applicable to such Money Manager’s handling of the Account. Customer further understands and agrees that Bitfundsfx is not responsible for determining the validity of a person’s or entity’s status or capacity to serve as a Money Manager. Customer agrees to hold Bitfundsfx and its officers, directors, employees, agents and affiliates harmless from any liability, claim, or expense, including attorneys’ fees and disbursements, as incurred, for the actions or non-actions of Customer’s Money Manager.
1. CUSTOMER REPRESENTATIONS
2. GENERAL REPRESENTATIONS AND WARRANTIES.Customer represents and warrants that:
3. a) Customer is of sound mind, legal age and legal competence;
4. b) Customer (if not a natural person) is duly organized and validly existing under the applicable laws of the jurisdiction of its organization;
5. c) Execution and delivery of this Agreement and all transactions contemplated hereunder have been duly authorized by Customer and will not violate any statute, rule, regulation, ordinance, charter, by-law or policy applicable to Customer;
6. d) Each person executing and delivering this Agreement has been duly authorized by Customer to do so;
7. e) No person other than the Customer has or will have an interest in Customer’s Account;
8. f) Regardless of any subsequent determination to the contrary, Customer is suitable to trade over-the-counter products;
9. g) 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 that trades the same instruments as those offered by Bitfundsfx, and in the event that Customer becomes so employed, Customer will promptly notify Bitfundsfx via email of such employment;
10. h) Customer has read and understands the Risk Disclosure Statement, Arbitration Agreement and Trading Policies contained in this Agreement;
11. i) Customer has conducted simulated trading using the demo trading platform for a period that has allowed the Customer to develop a full understanding of the trading platform;
12. j) All information provided by Customer to Bitfundsfx, including information regarding Customer’s trading experience and investment sophistication, is true, correct and complete, and Customer will notify Bitfundsfx promptly of any changes in such information.
13. k) Customer will not engage in transactions for purposes of arbitrage, scalping or exploitation of temporary inaccuracies or technical discrepancies.
14. DISCLOSURE OF FINANCIAL INFORMATION. Customer represents and warrants that the financial information disclosed to Bitfundsfx in the Application is an accurate representation of the Customer’s current financial condition. Customer represents and warrants that in determining Customer’s Net Worth, Gross Income, Total Assets and Liabilities were carefully calculated. Customer represents and warrants that in determining the value of Total Assets, the Customer included cash and/or cash equivalents, U.S. Government and Marketable securities, real estate owned (excluding primary residence), the cash value of life insurance and other valuable Assets. Customer represents and warrants that in determining the value of Liabilities, Customer included notes payable to banks (secured and unsecured), notes payable to relatives, real estate mortgages payable (excluding primary residence) and other debts. Customer represents and warrants that Customer has very carefully considered the portion of Customer’s Total Assets which Customer considers to be Risk Capital. Customer recognizes that Risk Capital is the amount of money Customer is willing to put at risk and if lost would not, in any way, change Customer’s lifestyle. Customer agrees to immediately inform Bitfundsfx if the Customer’s financial condition changes in such a way as to reduce Customer’s Net Worth and/or Risk Capital.
15. ORDER MANAGEMENT.
16. STATEMENTS AND CONFIRMATION.
Reports of the confirmation of orders and statements of Accounts for Customer shall be deemed correct and shall be conclusive and binding upon Customer if not objected to immediately upon receipt and confirmed in writing within one (1) business day after the execution of the Customer’s order. Bitfundsfx will provide Customer access to view Customer’s Account at any time with an online login via the Internet. Bitfundsfx will not provide trade confirmation via postal mail. Written objections on Customer’s part shall be directed to Bitfundsfx at its address located at: Bitfundsfx Ltd., The Financial Services Centre, Stoney Ground, Kingstown, St. Vincent and the Grenadine and shall be deemed received only if actually sent via email or delivered or mailed by registered mail, return receipt requested. Failure to object shall be deemed ratification of all actions taken by Bitfundsfx or its agents prior to Customer’s receipt of said reports. Customer’s failure to receive a trade confirmation shall not relieve Customer of the obligation to object as set out herein.
17. CHARGES.
Customer shall pay such charges (including, without limitation, markups and markdowns, statement charges, idle Account charges, order cancellation charges, Account transfer charges, introducing broker and Money Manager fees, or other charges) arising out of Bitfundsfx providing services hereunder. Bitfundsfx may change its charges without notice. All such charges shall be paid by Customer as they are incurred, or as Bitfundsfx in its sole and absolute discretion may determine, and Customer hereby authorizes Bitfundsfx to withdraw the amount of any such charges from Customer’s Account(s).
18. DEPOSITS AND WITHDRAWALS. Bitfundsfx shall neither receive nor disburse Customer’s funds in cash currency or cash equivalents. All transactions between Customer and Bitfundsfx shall be performed by wire, Automatic Clearing House (“ACH”) or other method in which the identities of both the sending and receiving parties can be verified by Bitfundsfx and which Bitfundsfx, in its sole discretion, shall deem appropriate. Bitfundsfx shall perform deposit/withdrawal transactions only between Customer’s Bitfundsfx Account and another Account which is held in Customer’s name or of which Customer clearly demonstrates ownership to Bitfundsfx. In order to prevent money laundering, fraud, and other unauthorized activity, Bitfundsfx may limit Customer’s withdrawal options. Bitfundsfx Ltd customers can withdraw their funds and benefits whenever they need to. An existing account is always accumulated for 90 day (ninety days) before it’s first withdrawal after which you can now withdraw after 30 days. You can withdraw your profits after every 30 days of signing up i.e (5-10th of every month). To request a partial or complete withdrawal of funds from your account, click on “Withdrawal request” in your Bitfundsfx Portal. Please consider that we take 2-5 business days to process your withdrawal request. Corresponding withdrawals will take up to 2-3 business days to reach your credit card or bank account. Feel free to contact our Customer support specialist if you have any questions. According to generally acceptable AML rules and regulations, withdrawals must be performed only through the same bank account or credit/debit card that you used to deposit the funds. Furthermore, when it comes to withdrawals, Client may be required to present additional information and documents.
19. Bitfundsfx’s RESPONSIBILITIES. Bitfundsfx will not be responsible for delays in the transmission of orders due to a breakdown or failure of transmission or communication facilities, electrical power outage or for any other cause beyond Bitfundsfx’s control or anticipation. Bitfundsfx shall not be liable for losses arising from the default of any agent or any other party used by Bitfundsfx under this agreement.
20. CURRENCY FLUCTUATION RISK. If Customer directs Bitfundsfx to enter into any transaction: (a) any profit or loss arising as a result of a fluctuation in the rates affecting such a transaction will be entirely for Customer’s Account and risk; (b) all initial and subsequent deposits for margin purposes shall be made in USD, or another currency which Bitfundsfx may choose to accept, in such amounts as Bitfundsfx may in its sole discretion require, with subsequent deposits being in the same currency as the initial deposit; and (c) Bitfundsfx is authorized to convert funds in Customer’s Account for margin into and from such foreign currency at a rate of exchange determined by Bitfundsfx in its sole discretion on the basis of then prevailing money market rates.
21. CROSS TRADE CONSENT. Customer hereby acknowledges and agrees that Bitfundsfx may act as the counterparty to Customer for any trade entered for the undersigned’s Account. The undersigned hereby consents to any such transaction, subject to the limitations and conditions, if any, contained in the Rules or Regulations of any bank, institution, exchange or board of trade upon which such buy or sell orders are executed, and subject to the limitations and conditions, if any, contained in any applicable regulations of any globally recognized regulatory agency.
22. COMMUNICATIONS
23. GENERAL COMMUNICATIONS. Reports, statements, notices and any other communications shall be transmitted to Customer electronically by posting to Customer’s online Account or via email to the email address on Customer’s application, or to such other email address as Customer may from time to time designate to Bitfundsfx.
24. EMAIL AND ELECTRONIC COMMUNICATIONS. All emails sent to and from Bitfundsfx are subject to monitoring, review or disclosure to someone other than Customer or Customer’s intended recipient. Customer acknowledges that there may be delays in email being received by Customer’s intended recipient. Customer agrees to hold Bitfundsfx harmless for any delay in email delivery regardless of whether the delay was caused by Bitfundsfx or a third party. Email sent to and from a Bitfundsfx address may be retained by Bitfundsfx’s corporate email system. Customer agrees not to use email to transmit orders to purchase or sell over-the-counter products and further agrees that Bitfundsfx is not liable for any actions taken or any omissions to act as a result of any email message Customer sends to Bitfundsfx. Electronic communications with Bitfundsfx via our Web site, wireless device or touchtone service are also subject to monitoring, review by or disclosure to someone other than the recipient and such communications may be retained by Bitfundsfx.
25. THIRD PARTIES
26. NO SEPARATE AGREEMENTS. Customer acknowledges that Customer has no separate agreement with Customer’s broker or any Bitfundsfx employee or agent regarding the trading in Customer’s Account, including any agreement to guarantee profits or limit losses in Customer’s Account. Customer understands that Customer is under an obligation to notify Bitfundsfx Compliance Department immediately in writing as to any agreement of this type. Further, Customer understands that any representations made by anyone concerning Customer’s Account that differ from any statements Customer receives from Bitfundsfx must be brought to the attention of Bitfundsfx’s Compliance Department immediately in writing. Customer understands that Customer must authorize every transaction prior to its execution unless Customer has delegated discretion to another party by signing Bitfundsfx’s limited power of attorney (“LPOA”). Any disputed transactions must be brought to the attention of Bitfundsfx’s Compliance Department pursuant to the notice requirements of this Agreement. Customer agrees to indemnify and hold Bitfundsfx harmless from all damages or liability resulting from Customer’s failure to notify Bitfundsfx’s Compliance Department within one (1) business day of any of the occurrences referred to herein. All notices required under this section shall be sent to Bitfundsfx at its address.
27. ANTI-MONEY LAUNDERING PROCEDURES. Customer agrees to and acknowledges that Bitfundsfx may conduct the following procedures at the time of the opening and throughout the existence of the Account:
28. Identity Verification. To help the government fight the funding of terrorism and money laundering activities, Bitfundsfx is required to obtain, verify, and record information that identifies each person who opens an Account with Bitfundsfx. When Customer opens an Account, Bitfundsfx is required to collect information such as the following: 1) Customer’s name; 2) date of birth; 3) permanent address; and 4) identification number. If Customer is a U.S. Citizen, the identification number required is Customer’s social security number. Bitfundsfx may verify Customer’s identifying information by performing a credit check, or requiring Customer to provide a driver’s license or other identifying documents.
29. INTELLECTUAL PROPERTY AND CONFIDENTIALITY. All copyright, trademark, trade secret and other intellectual property rights in the Bitfundsfx Trading Platform (“Trading Platform”) shall remain at all times the sole and exclusive property of Bitfundsfx and/or its 3rd party service providers and Customers shall have no right or interest in the Trading Platform except for the right to access and use the Trading Platform as specified herein. Customer acknowledges that the Trading Platform is confidential and has been developed through the expenditure of substantial skill, time, effort and money. Customer will protect the confidentiality of Bitfundsfx and/or its 3rd party service providers by allowing access to the Trading Platform only by its employees and agents on a need to access basis. Customer will not publish, distribute, or otherwise make information available to third parties any information derived from or relating to the Trading Platform. Customer will not copy, modify, decompile, reverse engineer, and make derivative works of the Trading Platform or in the manner in which it operates.
30. NO ADVICE AND NO RECOMMENDATIONS. Customer acknowledges that Bitfundsfx does not and will not give investment, legal or tax advice or make trading recommendations. Customer acknowledges that Bitfundsfx makes no representations concerning the tax implications or treatment of contracts. Customer agrees that Customer is a self-directed investor and all orders entered are unsolicited and based on Customer’s own investment decision or the investment decision of Customer’s duly authorized representative. Customer agrees that neither Bitfundsfx nor any of its employees may be Customer’s duly authorized representative and that Customer will neither solicit nor rely upon Bitfundsfx or any of its employees for any such advice. Customer understands that Customer is solely responsible for all orders entered, including but not limited to trade qualifiers, the number of trades entered, the suitability of any trade(s), investment strategies and risks associated with each trade, and will not hold Bitfundsfx or any of its employees liable for those investment decisions. Customer further understands that Bitfundsfx does not and will not review the appropriateness or suitability of any transactions implemented or investment strategies employed in Customer’s Account. Customer hereby agrees to hold Bitfundsfx and its officers, directors, employees, agents and affiliates harmless from any liability, financial or otherwise, or expense (including attorneys’ fees and disbursements), as incurred, as a result of any losses or damages Customer may suffer with respect to any such decisions, instructions, transactions or strategies employed in Customer’s Account by Customer or Customer’s duly authorized representative, or as a result of any breach by Customer of any of the covenants, representations, acknowledgments or warranties herein.