Client Agreement
BAZ CAPITAL MARKETS LTD
FSA RegulatedBAZ CAPITAL MARKETS LTD
BAZ Capital Markets Ltd (hereafter the "Company") is a limited liability company incorporated and registered under the laws of Seychelles, with Company number 8430384-1 and a registered address at CT House, Office 9A, Providence, Mahe, Seychelles. The Company is authorized and regulated by the Financial Services Authority in Seychelles ("FSA") under the license number SD134 for the provision of the investment services specified in this Client Service Agreement (hereafter the "Agreement").
The Client is requested to read the Agreement and make sure it understands the following terms prior accepting the Agreement and use the Company's services.
SCOPE AND APPLICATIONS
This Agreement governs the relationship between the Client and the Company and is electronically executed. The Client is required to accept these terms provided that it has read and agrees with the terms of the Agreement by checking and/or clicking the respective acceptance checkbox during the Online Account Opening Procedure which is further explained below.
Legal Binding Effect
For the avoidance of any doubt, this Agreement has the same legal effect and confers the same legal rights upon the parties as if it had been signed. The Client hereby acknowledges and agrees that by completing and submitting the account opening documentation forms of the Company fully agrees to be abide by and bound by the terms set out in this Agreement.
DEFINITIONS
"Account"
shall mean a trading account maintained by the Client with the Company;
"Applicable Regulations"
means the rules of any relevant regulatory authority, the rules of any relevant exchange, and all other applicable laws and rules in force from time to time including among others the Securities Act 2007 as amended, the Securities (Conduct of Business) Regulations 2008, the Securities (Financial Statements) Regulations 2008, the Securities (Advertisements) Regulations 2008, the Securities (Forms and Fees) Regulations 2008, the Securities (Substantial Activity Requirement) Regulations 2018, the Financial Services Authority Act 2013, the Anti-Money Laundering Act of 2020 as amended and the Prevention of Terrorism Act 2004 etc.
"Authorized Third Party-Representative"
shall mean an individual person or legal entity undertaking a transaction on behalf of another individual person i.e. the Client or legal entity but in his/its own name;
"Company's Website"
shall mean the Company's Website www.baazex.com
"CFD Contract" or "CFD"
shall mean a contract which is a contract for difference by reference to fluctuations in the price of the relevant security or index;
"Client"
shall mean the individual person, legal entity or firm being a customer of BAZ Capital Markets Ltd;
"Company"
shall mean BAZ Capital Markets Ltd, a limited liability company incorporated and registered under the laws of Seychelles, with Company number 8430384-1. The Company is authorized and regulated by the Financial Services Authority in Seychelles ("FSA") under the license number SD134 with registered address at CT House, Office 9A, Providence, Mahe, Seychelles.
"Equity"
shall mean the aggregate of (i) the Balance; and (ii) unrealized profit or loss on open positions (after deduction of any Charges and the application of any Spread on closing of a position);
"Financial Instruments"
shall mean Contracts for Differences (CFD) on spot Forex, spot precious metals, futures, shares or any other commodities available for trading;
"Margin"
shall mean the necessary funds so as to open or maintain open positions in a CFD Transaction;
"Margin Level"
shall mean (Equity/ Margin) * 100; it determines the conditions of the Client's Account.
"MTF"
means a multilateral system operated by an investment firm or market operator, which brings together multiple third-party buying and selling interests in financial instruments in the system, in accordance with non-discretionary rules, in a way that results in a contract.
"Quote"
shall mean the bid and ask prices at which a Financial Instrument can be bought and sold;
"Underlying Asset"
means property of any description (including a currency or currency pair) or an index or other factor designated in a CFD Transaction to which reference is made to fluctuations in the value or price for the purpose of determining profits or losses under the CFD Transaction;
"Services"
shall mean the services to be provided by the Company under this the Agreement;
"Spread"
means the difference between the lower bid price and higher offer price of a quoted two-way price for a Financial Instrument;
"Regulated Market"
shall mean a Regulated Market (RM) is a multilateral system that is operated or managed by a market operator and that brings together or facilitates the bringing together of multiple third-party buying and selling interests in financial instruments within the system.
"Trading Platform"
shall mean any online trading platform made available by the Company under the Agreement;
1. Services
The Company shall carry on business as dealing in securities, whether acting as principal or agent for the following:
To make or offer to make an agreement with another legal person to enter or offer to enter into an agreement, for or with a view to acquiring, disposing of, subscribing for or underwriting securities or in any way that effect or causes a securities transaction.
Without limiting the generality of the above point, to cause any sale or disposition of or other dealing or any solicitation in respect of securities for valuable consideration, whether the terms of payment be on margin, instalment or otherwise or any attempt to do any of the foregoing.
To participate as a securities dealer in any transaction in a security occurring upon a securities exchange.
To receive as a securities dealer an order to buy or sell a security which is executed.
To manage a portfolio of securities for another Company on terms under which the first mentioned Company may hold property of the other.
The services of paragraph 1.1 shall involve transactions in Financial Instruments not admitted to trading in Regulated Markets or an MTF and are over the counter ("OTC") traded instruments such as CFDs or any other financial instruments or commodities.
2. RISK DISCLOSURE & ACKNOWLEDGMENT
General Risks and Acknowledgements
The Client acknowledges, understands, agrees and accepts the risks including but not limited:
The Company does not and cannot guarantee that funds deposited in the Client’s Account for trading will not be lost as a result of the Client’s transactions.
The Client acknowledges that, regardless of any information which may be offered by the Company, the value of any investment in Financial Instruments may fluctuate downwards or upwards and it is even probable that the investment may become of no value.
The Client acknowledges that he/she runs a great risk of incurring losses and damages as a result of the purchase and/or sale of any Financial Instrument and accepts that he/she is willing to undertake this risk.
The use of historical data does not constitute a binding or safe forecast as to the corresponding future performance of the Financial Instruments to which the said Information refers.
The Client is hereby advised that the transactions undertaken through the dealing services of the Company may be of speculative nature. Large losses may occur in a short period of time and may be equal to the total value of funds deposited with the Company
Some Financial Instruments may not become immediately liquid, for example, as a result of reduced demand and the Client may not be in a position to sell them or easily obtain information on the value of these Financial Instruments or the extent of the associated risks.
When a Financial Instrument is traded in a currency other than the currency of the Client’s country of residence, any changes in the exchange rates may have a negative effect on its value, price and performance.
A Financial Instrument on foreign markets may entail risks different to the usual risks of the markets in the Client’s country of residence. In some cases, these risks may be greater. The prospect of profit or loss from transactions on foreign markets is also affected by exchange rate fluctuations.
The Client should not purchase a Financial Instrument unless he/she is willing to undertake the risks of losing entirely all the money which he has invested and also any additional commissions and other expenses incurred.
Under certain market conditions (for example but not limited to the following situations: force majeure event, technical failure, communications network failure, poor or no liquidity, market news or announcements etc.) it may be difficult or impossible to execute an order.
Should the Equity of the Client be insufficient to hold current positions open, the Client may be called upon to deposit additional funds at short notice or reduce exposure. Failure to do so within the required time may result in the liquidation of positions at a loss and the Client will be liable for any resulting deficit.
Trading on-line, no matter how convenient or efficient, does not necessarily reduce risks associated with currency trading.
There is a risk that the Client’s trades in Financial Instruments may be or become subject to tax and/or any other stamp duty, for example, because of changes in legislation or his/her personal circumstances. The Company does not warrant that no tax and/or any other stamp duty will be payable. The Client should be responsible for any taxes and/or any other duty which may accrue in respect of his/her trades.
Before the Client begins to trade, he/she should obtain details of all commissions and other charges for which the Client will be liable. If any changes are not expressed in money terms (but for example a spread), the Client should ask for a written explanation, including appropriate examples, to establish what such charges are likely to mean in specific money terms.
The Company will not provide the Client with investment advice relating to investments or possible transactions in investments or make investment recommendations of any kind.
There may be situations, movements and/or conditions occurring at the weekend, at the beginning of the week or intra-day after the release of the significant macroeconomic figures, economic or political news that make currency markets to open with price levels that substantially differ from previous prices. In this case, there exists a significant risk that orders issued to protect open positions and open new positions may be executed at prices significantly different from those designated.
ACCOUNT OPENING PROCEDURE
3.1 Initial Application
Before opening a new account, the Company provides to the Client via its Website or through an email or in person with the required information regarding the Company and a copy of this Agreement. After logging on the website of the Company, the Client will complete and/or receive the application package which consists of the following: a) account application form, b) relevant information/documents of the client, c) Client Services Agreement.
3.2 Identity Verification
The Company is obligated by the Applicable Regulations to perform KYC and due diligence procedures in order to verify the identity of each person who registers online via the Company’s Website. For this purpose, the Company will collect information about the Client such as name, surname, address, telephone number, email, nationality, date of birth and other details.
3.3 Additional Checks
When the Company receives the Client’s completed online application form, it may use the information to conduct any further enquiries about the Client as the Company determines under the circumstances and its internal policies and procedures.
The Company also carries out additional checks or periodic reviews. The Client will need to co-operate with the Company and supply the information requested promptly.
In particular, the Client must notify the Company as soon as possible in writing if any of the details provided to us in your application form or if your circumstances have subsequently changed.
3.4 Documentation Requirements
The Company is not to be required (and may be unable under Applicable Regulations) to accept a person as its Client until all documentation it requires has been received by properly and fully completed by such person and all internal checks (including without limitation all anti-money laundering customer identification and due diligence checks) have been duly satisfied.
It is further understood that Company reserves the right to impose additional due diligence requirements to accept Clients residing in certain countries where the risk of money laundering may be higher.
During the customer identification and due diligence checks the Company shall apply processes to verify the Client’s identity for which (amongst other things) photo identification information will be required by the Client. In certain circumstances we may require this information to be authenticated by an appropriate third party. The Company requires as minimum a government issued Photo identity documents such as a passport, driving license and/or identity card containing your full name, personal photo, and date of birth, ID number and expiry date as well as evidence of your residential address, such as a utility bill or bank statement, for the verification process. The information in these documents should agree with the details submitted in Client’s application
Required Documents:
3.5 Final Assessment
The Company will assess the information received by the Client during the Account Opening Procedure in order to determine whether the Client is eligible or not in investing and/or operating a trading account with the Company. The Client’s trading account will be opened following the assessment and completion of the KYC and due diligence procedure.
FEES AND CHARGES
Fee Structure Agreement
The Client shall be required to pay the charges as agreed from time to time, any fees or other charges imposed by third parties during the execution of the services. The Company's current charges including spreads, charges, interest and other fees are published on the Company's website and any alteration to charges will be notified to the Client via the Company's website or via the trading platform terminal or via an email sent to the client's registered address used during the registration process.
Spread Compensation
The Company is compensated for its services through the Buy/Sell (Ask/Bid) spread, so when you open a position in a specific instrument, you essentially "pay" the spread. The spread rates per instrument can be viewed by the Client at any time on the Company's website.
Potential Charges
Subject to the Financial Instruments traded by the Client, the following charges may be incurred:
Spread
A spread is the difference between the bid (buy) and the ask (sell) price on the specific instrument you trade. This cost is realized every time the Client opens and closes a trade.
Commission (applicable only to CFDs on futures and CFDs on shares)
This is the commission the Client pays when he buys and sells a Financial Instrument. Currency conversion This is the cost incurred when converting realized profits and losses as well as any costs and charges that are denominated in a currency other than the base currency of the Client's Account.
Overnight Funding /Swap (Financing Fee)
This is the swap cost for keeping your position open overnight. The swap cost can be positive or negative depending of the instrument to be traded. An overnight funding amount is either added to or subtracted from the Client's account when holding a position after a certain time.
Trading inactivity
The Client's account is associated with the cost of maintenance and other regulatory or compliance requirements so if there are no transactions by the Client for a period of 12 months, the Company has the right to claim the applicable inactivity fee as notified to the Client from time to time and the Company may deduct such fee from the Client's Account. The inactivity fee will be up to USD 10, and the Company reserves the right to charge the said fee annually if there are no transactions by the Client the preceding 12 months.
Payment Currency
All payments to the Company under this Agreement shall be made in such currency as the Company from time to time specify to the bank account designated by the Company for such purposes.
Third-Party Charge Sharing
The Company may share charges with third parties, like Introducing brokers or affiliates, for services carried out on your behalf in the form of commission, markup, mark-down or other remuneration. Details of such remuneration or sharing arrangements may be available to the Client upon request.
INDUCEMENTS
Inducement Policy
The Company shall take reasonable steps to ensure that neither it nor any of its employees or agents either offers or gives, or solicits or accepts, any inducement that is likely to conflict with any duties owed to its clients. For this purpose, the Company does not receive or pay any fees, commissions or non-monetary benefits in relation to the provision of the services to or by any third party, except Client, subject to clause 6.2.
Third-Party Fees
The Company, may pay and/or receive fees/commission to/from third parties, provided that these benefits are designed to enhance the quality of the offered service to the Client and not impair compliance with the Company' duty to act in the best interests of the Client. An indicative list of fees/commission to/from third parties which are designed to enhance the quality of the offered service to the Client and not impair compliance with the Company' duty to act in the best interests of the Client may be regulatory levies, legal fees, bank and payment provider fees, liquidity providers' fees, platform fees etc.
Conditions for Fees/Benefits
A fee, commission or non-monetary benefit should only be paid or received where:
Record Keeping
The Company shall keep records evidencing the fees, commissions or non-monetary benefits paid or received by the Company which are designed to enhance the quality of the relevant service to the client.
CLIENT MONEY AND TRANSFER OF FUNDS
Segregation of Client Funds
The Company ensures to promptly place any Client money segregated from the Company's own accounts and opened with an approved bank and/or a payment provider that has been assessed by the Company and/or approved by the Company's Management. Any Client's money shall be paid into a segregated client bank account denoted as "Client" bank account.
Transfer Authorization
Unless the Client notifies the Company in writing or otherwise, the Company may pass on Client money or allow another person, such as an exchange, a clearing house or an intermediate broker, to hold or control Client money where the Company transfers the Client money (a) for the purposes of a transaction for the Client through or with that person; or (b) to meet the Client's obligations to provide collateral for a transaction (e.g. a margin requirement for a derivative transaction).
Omnibus Account Disclosure
The third party to whom the Company will pass money may hold it in an omnibus account and it may not be possible to separate it from the Client's money, or the third party's money in which case the Client will not have any claim against a specific sum in a specific account in the event of insolvency. The Company does not accept any liability or responsibility for any resulting losses.
Interest Policy
By entering into this Agreement the Client agrees that the Company will not pay the Client interest on Client money or any other unencumbered funds.
Deposit Processing
Any amounts transferred by the Client to the Client's bank account will be deposited in the Client's Account at the "value date" of the received payment and net of any deduction/charges by the Client's bank account providers. In case the Client's account reaches a stop-out during the processing period of the deposit, the Company bears no responsibility for any losses suffered.
Anti-Money Laundering Compliance
The Company acts in accordance with international anti-money laundering regulations and local anti-money laundering rules thus the transfer of funds and transactions are done based on these rules. For this purpose, Client's withdrawals should be made using the same method used by the Client to fund his Client Account and to the same remitter.
Transaction Authorization
Frozen Account Policy
The Client acknowledges that in case where a Client's bank account is frozen for any given period and for any given reason the Company assumes no responsibility and Client's funds will also be frozen.
CLIENT'S ORDERS/INSTRUCTIONS & EXECUTION OF ORDER
Order Execution Policy
Execution of Orders: It is the Company's approach to take all sufficient steps to obtain the best possible result on behalf of its Clients when executing Client orders on Financial Instruments offered by the Company or receiving and transmitting orders for execution. The Client understands and acknowledges that the Company will enter into transactions with the Client either as principal (counterparty) or an agent. The Company will be the contractual counterparty to the Client.
Best Execution Factors
The Company, when executing orders, will obtain the best possible result for Clients, taking into account factors like price, costs, speed, likelihood of execution and settlement, size, market impact or any other consideration relevant to the execution of the order.
Execution Factor Criteria
For determining the importance of the execution factors indicated above, the following criteria are also taken into account:
Order Execution Venue
The Client understands and confirms that all orders received by the Company from the Client are orders for execution outside a Regulated Market or MTF.
Order Placement
Client's Orders/Instructions: Orders may be placed with the Company once the Client gets access to the Company's Trading Platform. The Company will be entitled to rely and act on any Order placed on the Trading Platform without any further enquiry to the Client and any such Orders will be binding upon the Client.
Pricing Methodology
The Company's Buy/ Sell prices for a given CFD are calculated by reference to the price of the relevant Underlying Asset. Third party reputable external resources (i.e. feed providers) obtain prices (Buy/Sell prices) of the Underlying Asset for a given CFD. The Company then uses the prices given by the feed providers to calculate their own tradable prices for a given CFD.
Trading Hours
Orders can be placed, executed and changed or removed within the trading hours for each CFD showed on the Company's Website, as amended from the Company from time to time and if they are not executed they shall remain effective through the next trading session (as applicable). The Company shall not be obliged to arrange for the execution of the Client's orders in respect of any CFD out of normal trading hours which appear on the Company's Website.
Price Adjustments
If any tradable instrument becomes subject to possible adjustments, the Company will determine the appropriate adjustment, if any, to be made to the opening/closing price, size, value and/or quantity of the corresponding transaction. The determination of any adjustment or amendment to the opening/closing price, size, value and/or quantity of the Transaction (and/or the level or size of any order) shall be at the Company's sole discretion and shall be conclusive and binding upon the Client. The Company shall inform the Client of any adjustment or amendment via its internal mail as soon as is reasonably practicable.
Manifest Error Policy
Volatile Market Conditions
During periods of abnormal Market (Volatile) Conditions, during news announcements, on opening gaps (trading session starts), or on possible gaps where the Reference Asset has been suspended or restricted on a particular market, Buy/Sell Stop and Stop Loss orders may not be filled at requested/declared price but instead at the next best available price.
MARGIN/LEVERAGE LEVEL
Margin Requirements
The Margin/leverage levels applicable to the different products offered by the Company can be found on the Company's Website at www.baazex.com. If at any time the Equity falls below a certain percentage of the required Margin, specified on the Website, the Company has the right to close any or all of the Client's open positions without the Client's consent or any prior written notice to him.
In the case where the Margin is equal to or less than 50% of the Margin requirement, then Client's positions shall be automatically closed, starting from the most unprofitable, at the prevailing market price.
Leverage Adjustments
Margin or leverage Level may be set and varied without prior notice from time to time in the Company's sole and absolute discretion in order to cover any realized or unrealized losses arising from or in connection with transactions, including subsequent variation of any Margin rates set at the time transactions are opened.
Special Trading Periods
On every Friday and between the hours of 21:00 till 24:00 (GMT+3) and occasionally before the release of major economic news, the Company may maintain a maximum leverage on remaining instruments other than FX for any new positions opened during such period which such requirement, if any, will be disclosed in the Company's website.
DECLINE OF CLIENT'S ORDERS AND INSTRUCTIONS
Order Decline Circumstances
The Company is entitled to decline or refuse to transmit or arrange for the execution of any order in any of the following cases as applicable:
TRANSACTION SETTLEMENTS AND CONFIRMATIONS
Transaction Settlement
The Company will proceed with transaction settlements upon execution, in accordance with the normal practice for the Financial Instrument or the relevant market rules. The Company will provide the Client with an online access to his Client Account via the Trading Platform, which will provide him with sufficient information on among others order(s) status.
Transaction Confirmations
The Client understands that transaction confirmations are available via the Trading Platform and he will be able to access account information through the Trading Platform. Through the Trading Platform the Client may view its balance as well as all of its account activity.
At all times, Client's account information will include, and is not limited to, trade confirmations with ticket numbers, purchase and sales rates, Margin, amount available for trading as well as current open and pending positions.
TRADING PLATFORM
Platform Access
The Client shall enter his user ID and password ("Codes") registered during the online account opening procedure when logging on to the Company's Trading Platform. The Client should notify the Company without undue delay on becoming aware of unauthorized use of the Trading Platform, or if the Client suspects that the password has been misappropriated by a third party.
Security Responsibilities
The Client shall take all necessary precautions to ensure the confidentiality of all information, including, but not limited to, the Codes to the electronic systems, Transaction activities, account balances, as well as all other information and all orders. The Client shall be solely responsible for all orders and the accuracy of all information sent via the internet using its Codes. The Client acknowledges that the Company bears no responsibility in the case that the Codes are used in an unauthorized manner by any third party.
Platform Liability
The Company shall not be responsible for losses resulting from the Client's installation and use of the computer programs used on the Trading Platform, unless such liability follows from indispensable rules of law.
Platform Usage Requirements
When using the Company's platform, the Client shall:
Company Liability Limitations
To the extent permitted by Applicable Regulations, the Company shall not be liable for:
Third-Party Software Disclaimer
If the Client wants to use a third party software application to provide trading signals or advice or other trading assistance like an "expert advisor" or a hosting environment allowing for realtime access to the Client's Account, the Company and its third party suppliers or licensors make no warranties or representations of any kind, whether expressed or implied for the service it is providing.
The Client's use of any information obtained by way of an expert advisor used in conjunction with a hosting environment or otherwise is at the Client's own risk, and the Company and its third party suppliers specifically disclaim any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. The Company and its third party suppliers or licensors do not represent or guarantee the speed or availability of end-to-end connections.
Software Quality Disclaimer
The Company makes every effort to deliver high quality products. However, we do not guarantee that our products are free from defects. Our software is provided "as is" and the Client uses the web platform at his own risk.
Legal Compliance
MARKET ABUSE
Prohibited Activities
The Client acknowledges that he will not enter into any transaction which falls within the definition of market abuses of Seychelles Securities Act 2007 as amended. This rule applies to all forms of market abuse such as insider trading (an abusive exploitation of privileged confidential information), the misuse of information and directors trading in shares of their own companies;
Company Rights
THIRD PARTY AUTHORIZATION
Power of Attorney
The Client has the right to use a power of attorney to authorize a third person "Representative" to act on behalf of the Client in all business relationships with the Company as defined in this Agreement. The power of attorney should be provided to the Company accompanied by all identification documents of the representative and/or any other documentation requested by the Company. If there is no expiry date, the power of attorney will be considered valid until the written termination by the Client.
Client Responsibility
Extended Indemnity
INTRODUCING BROKERS AND AFFILIATES
Client Referral
The Client may have been recommended by an introducing broker or an affiliate based on a written agreement with the Company subject to the Applicable regulations.
Commission Disclosure
The Company may pay a fee/commission to introducing brokers and/or affiliates based on a written agreement. The Company has the obligation and undertakes to disclose to the Client, upon his request, further details regarding the amount of fees/commission or any other remuneration paid by the Company to introducing brokers or affiliates.
Company Liability
Representation Disclaimer
The Client acknowledges that the introducing broker or affiliate is not a representative of the Company.
PRIVACY AND DATA PROTECTION RULES
Privacy Commitment
The Company is committed to protecting the privacy of all personal information that it obtains from the Client and hereby lists how and why the Company collects, use, disclose and protect the Client's personal information.
Data Collection Purpose
Purpose of data collection: The Company Collects Client's personal information in order to provide the Client with its products and services and to establish and manage the Client's account. By collecting Client's information, the Company will be able to monitor and improve the services it offers to its existing and potential clients.
Collected Information
The Company will collect and process the following personal information about the Client: