The Client Agreement
We recommend to all our Clients to read this Agreement before starting their operation with the Company, since this document regulates the legal relationship between the Client and the Company and establishes its trading principles.
This Agreement may be changed and/or modified at any time, without prior notice. By accepting this Agreement, the Client accepts that he is solely responsible for revision of changes and/or respective modifications of this Agreement, published on the Company's website.
1.1.This Agreement is concluded by and between the Company Mira Markets LTD., (hereinafter “The Company”) on the one hand and the Client (individual or legal entity) who was accepted by the Company as a Client, on the other hand.
1.2.The Company is registered in Vanuatu, according to the regulations of the Financial Services Commission with the license No. 40278
1.3.This Agreement shall be binding for the Parties, their successors and authorized assigns.
START OF WORK WITH THE COMPANY
2.1.The work with the Company is considered to be initiated after the Client completes and submits the Application for a trading account with the Company, as well as when he provides all the documents required by the Company, the Company will open a trading account.
2.2.The Company accepts as a Client a natural or legal person after all the necessary documents are provided and the Company, completes the internal review including, compliance with the Anti-Money Laundering Policy and terrorism financing.
2.3.The Company reserves the right of admission at the moment of opening the Client's account.
2.4.The Company shall request information about the knowledge of the Client and his experience in similar areas in order to evaluate suitability of the service for the Client. In case if the service is not suitable for the Client, the Company reserves the right to notify the Client of the consequences, however, the Company has no obligation to assess the suitability of any service for the Client.
2.5.The Agreement shall be considered as initiated since the moment of its acceptance by the Client.
2.6.The Client is aware that he must provide reliable, exact and complete information, as well as notify the Company about any changes in his personal data.
2.7.In case if the Client decides to designate a Co-beneficiary for his trading account, the latter must provide the Company with the required information, as well as the documents requested, in order to complete the Activation of the account in the Company.
CO-BENEFICIARY OF THE TRADING ACCOUNT
3.1.All co-beneficiaries of the trading account will be jointly responsible for the corresponding trading account.
3.2.The Company has the right to send notifications either to the Client or to another joint co-beneficiary of the trading account, however, the orders given by a joint co-beneficiary are appropriate and legitimate orders of the Client, as long as the Client previously authorizes to do so, and the Company is not obliged to inform other co-beneficiaries of the trading account and/or receive corresponding approval from them.
3.3.The Company reserves the right to request the confirmation of the order and/or instruction of all the co-beneficiaries of the trading account.
3.4.In case of death or legal incapacity of the Client of the trading account, the Company reserves the right to accept instructions of the surviving co-beneficiary (s). All rights and responsibilities of the Client in relation to the Company also pass to the surviving co-beneficiary (s).
4.1.The Client bears unique and legitimate responsibility for all the decisions made regarding his trading account.
4.2.The Company is not obliged to provide the Client with any type of legal, fiscal or other document before starting to trade, the Client can request professional independent advice if necessary.
4.3.The Company has the capacity to provide the Client with (through the Company's website or by other means) information, news, comments on the market or any other information in order to provide the Client with the opportunity to make a decision regarding his trading account and does not constitute an advice or recommendation. Nevertheless:
4.3.1. The Company is not responsible for such information.
4.3.2. The Company does not guarantee or accept responsibility for the precision, accuracy and completeness of such information.
4.3.3. The Company does not offer any guarantee regarding the timely receipt of such information by the Client, as well as in relation to the fact that the Client receives such information at the same time as other Clients.
4.4 Comments on market, news and any other information provided by the Company may be changed and deleted at any time and without prior notice.
5. LICENSE AND PLATFORM
5.1. The Company provides the Client with a limited non-exclusive license for the use of the platform (including use of the website and software provided by the Company). This license is not transferable. In case of termination of this Agreement, mentioned license shall be automatically terminated. All rights for the platform are property of the Company.
5.2. If reasonably necessary, the Company has the right to close the platform for technical maintenance, without prior notice to the Client.
5.3. The Company does not guarantee that:
5.3.1. The access to the platform will be constant and impeccable, because it can be restricted due to technical maintenance, repair works, improvements, updates, etc;
5.3.2. The platform does not contain errors, defects, viruses or other malicious programs.
5.4. The Company is not responsible for the damages, destruction and/or formatting of the Client's data as a consequence of the malfunction of the computer system or electronic device, as well as for the failure, delay or connection problems.
6. INTELECTUAL PROPERTY
6.1. The platform, trade names, brands, program codes, logos, etc., are the intellectual property of the Company or third parties. This Agreement does not provide the rights of ownership of the platform to the Client, but gives the right to use it according to the provisions of this Agreement. The Client cannot change, publish, transfer to third parties, distribute or reproduce for commercial use the information provided by the Company, in completely or in part, without the written consent of the Company.
6.2. The Client will not be able to hide and/or eliminate the notices of copyright, registered trademarks or any other notice or symbol of the intellectual property objects of the Company, its website or the platform.
6.3. The Company has the right to provide its services under different trade names and on different websites. The Company has the right of ownership for all images on the web site, platform(s), software and downloadable materials.
7. PLATFORM RESTRICTIONS
7.1. The Client does not have a right to:
7.1.1. Use artificial intelligence in order to analyze the Company's systems and/or the platform;
7.1.2. Use any 'spider', virus, 'worm', Trojan software, time bombs, any other code or commands in order to distort, eliminate, damage or split the platform (platforms) or the telecommunication system, or any other system of the Company;
7.1.3. Carry out any activity to break the integrity of the Company's computer system or platform;
7.1.4. Carry out any activity in order to receive unauthorized access, including unauthorized access to the Platform;
7.1.5. Use the platform for the purpose of receiving benefits knowing and/or reasonably believing that the platform (s) operate (s) incorrectly.
7.2. In case of violation of the clause 7.1. by the Client, the Company has the right to take one or several actions described in clause 11.2. of this Agreement.
7.3. The Client must take the necessary measures in order to protect the system against viruses and other malicious materials that could harm the platform, the website or the Company in general.
8.1. The Client does not have to disclose his secret access data to third parties, and must warn the Company in case there is a reason to believe that mentioned data has been or may be communicated to a third party, in order that the Company may take the corresponding measures.
8.2. The Company assumes no responsibility for the unauthorized access or misuse of third parties at the time of data transfer between the parties of this Agreement through Internet or other communication networks and tools.
8.3. If the Company reasonably believes that there is a possibility of unauthorized access to the Client's data by third parties, the Company has the right, at its discretion, to deactivate the Client's trading account. In such case, these actions do not constitute an obligation of the Company to the Client.
9. ORDERS PLACEMENT AND EXECUTION
9.1. The Client can open and/or close positions directly through the Platform of the Company, or by telephone, giving a voice order; in this case the Company will place the orders. In both cases, the Client must enter/provide his secret data in order to validate his identity.
9.2. The Company will make efforts to execute an order; however, the transmission or execution of an order cannot always be carried out, due to reasons beyond the control of the Company.
9.3. The Company has the right, at its discretion, to add, eliminate or suspend a financial instrument from the Platform, depending on the case.
9.4. Orders shall be placed during the normal trading hours of the Company, on its platform and/or website, with its periodical modifications.
10. TRADING RESTRICTION OF THE CLIENT
10.1. The Company has the right to restrict transactions on the Client's trading account without sending a corresponding notice to the Client; It also has the right to cancel orders, reject an order, and this will not provide grounds for claims for compensation or other claims by the Client, in case in which of the following circumstances:
10.1.1. The failure of the Internet connection or communication tools.
10.1.2. Minutes of a Court, requirement of the supervisory and/or regulatory authorities of Vanuatu, as well as against fraudulent activity, financing of terrorism and/or money laundering.
10.1.3. Force majeure, market destabilization.
10.1.4. Possible illegality of the order.
10.1.5. Breach of obligations by the Client.
10.1.6. Termination of the Agreement.
10.1.7. The Company's system rejects the order due to the trading restrictions.
10.1.8. The reminder of the Client's trading account is not sufficient for the placement of a certain order.
11. UNFULFILLMENT OF THE CLIENT AND HIS OBLIGATIONS UNDER THIS AGREEMENT
11.1. The breach of obligations occurs:
11.1.1. If the Client refuses to comply with the obligations to the Company.
11.1.2. If there is an amount payable by the Client to the Company.
11.1.3. In case of death of the Client, disappearance of the Client, or if the Client suffers from a mental disorder (being a natural person).
11.1.4. In case if a Court or Authoritative body requires adopting the measures, stipulated in the clause below (11.2).
11.1.5. If there are reasons to believe that the Client violates the legal requirements of Vanuatu or other countries with jurisdiction over the Client.
11.1.6. Abusive trading: including but not limited to:
а) Scalping, which is a closed operation within a period less than or equal to 120 seconds from the moment of its opening.
b) Pip-hunting is a closed operation for the purpose of obtaining benefit that equals to 'pip' or point.
11.1.7. If the Client uses a stolen card to deposit to the trading account.
11.2. In case of the events described in the previous clause (11.1), the Company has the right to take one or several measures, namely:
11.2.1. Terminate this Agreement unilaterally and without prior notice to the Client.
11.2.2. Close open positions.
11.2.3. Restrict access to the platform for a specific period or in full, as well as suspend or prohibit any activity on the platform.
11.2.4. Reject the transmission or execution of orders.
11.2.5. Restrict trading activity of the Client.
11.2.6. Cancel profit made by any of the methods provided in a clause (11.1.) or by use of artificial intelligence in the Client's trading account.
11.2.7. Claim compensation for the loss caused to the Company.
12. DEPOSITS AND WITHDRAWALS
12.1. The Client's trading account will be activated when the Client deposits his initial payment and once the Company confirms this.
12.2. The Client may deposit to his trading account at any time during the validity of this Agreement. The Company establishes the deposit method and the corresponding currencies. Detailed information about deposit methods is described on the Company's website.
12.3. The Company may request the Client to submit documents confirming the origin of his funds. In the same way, the Company has the right to refuse the Client's deposit if there is any doubt about the legality of sources of such funds.
12.4. If the funds sent by the Client are not credited to the Client's trading account within a reasonable period of time, the Client must notify the Company. The Company may request documents necessary for the search and monitoring of the transaction, and the Client must provide mentioned documents.
12.5. After receiving a request for withdrawal from the Client, the Company must perform the withdrawal procedure to the source of deposit in an amount that does not exceed the amount of deposits. If the amount of withdrawal exceeds the amount of deposits, the Company will transfer the excess balance to the bank account of the Client.
12.6. The Company has the right to reject the request for withdrawal, fully or in part, if:
12.6.1. The Client's request does not contain all the information necessary for funds transfer;
12.6.2. The withdrawal has been requested to an account that had not previously been used to deposit and/or to an account that the Client does not own;
12.6.3. This trading account does not belong to the Client;
12.6.4. At the time of payment, the balance of the Client's trading account is less than the amount requested in the request for withdrawal, including expenses;
12.6.5. There is a force majeure event;
12.6.6. The Company reasonably believes that the funds may be needed in order to comply with margin requirements;
12.6.7. The free margin is not sufficient for the execution of the relevant request for withdrawal.
12.7. The Company does not accept anonymous payments made by third parties to the Client's trading account.
12.8. The Company reserves the right to reject the Client's request for withdrawal, as well as to offer an alternative method of withdrawal if the Client requests a certain method of withdrawal.
12.9. The Client assumes all commissions for funds transfer.
12.10. The Company is not responsible for errors, committed when processing a withdrawal, if they occurred for reasons beyond the control of the Company.
13. INACTIVE ACCOUNT
13.1. If there are no new operations registered in the Client's trading account for thirty (30) days in a row, the trading account will be considered inactive, and the Company will have a right to collect a monthly payment of ninety-nine (99) US dollars as maintenance of an account.
14. RIGHT OF PLEDGE
14.1. The Company has the right of pledge on the Client funds available in his trading account with the Company, for the fulfillment of the Client's obligations.
15. MUTUAL COMPENSATION
15.1. If the total amount due and payable to the Company by the Client is equal to the amount due and payable to the Client by the Company, the compensation of the mutual obligations will be made and canceled automatically.
15.2. If the total amount payable by one party is greater than the total amount to be paid by the other party, the party with greater amount shall pay the difference to the other party, and all payment obligations shall be automatically fulfilled.
16. UNDERLYING ASSET
16.1. In case of the insolvency of an underlying instrument and/or its issuer, the Company has the right to change open positions of the Client in order to reflect this situation and provide a position that is more similar to the position of a direct owner of the underlying asset.
16.2. According to the clause (16.1.) the Company has the right to:
16.2.1. Change the leverage of open positions and new orders.
16.2.2. Correct the price of opening of the open positions in order to reflect the influence of a respective event;
16.2.3. Open and/or close the position (positions) in the Client's account;
16.2.4. Cancel any order (orders);
16.2.5. Suspend or modify any part of this Agreement;
16.2.6. Deposit necessary amounts to the Client's trading account;
16.2.7. Take any other measure that the Company considers necessary in order to reflect the consequences of such event.
16.3. The Company will make reasonable efforts to take these measures as soon as possible after such an event occurs.
16.4. Depending on the event, the Company has the right to take measures described in this clause (16), without prior notice to the Client, but the Company will notify him after taking such measure.
17. MARGIN REQUIREMENTS
17.1. The Client must maintain an initial margin and/or backwardation within the limits determined by the Company, in its sole discretion, for the corresponding period of time and according to the contract conditions for each type of CFD.
17.2. The Client must ensure that he is aware of the calculations of margin requirements.
17.3. In case of force majeure, the Company may change the margin requirements without prior notice to the Client. In this situation, the Company may apply new margin requirements for the new open positions.
17.4. The Company has the right to close the Client's open positions or limit their volume and reject orders of new positions in any of the following cases:
17.4.1. The Company believes that there are abnormal market conditions.
17.4.2. The amount of the Client's pledge is less than a minimum margin level.
17.4.3. The equity in the Client's trading account is equal to the margin or is less than the predetermined percentage of margin needed to maintain the open position.
17.4.4. The Client does not comply with the margin adjustment made by the Company.
17.5. If the Company makes an adjustment to the margins, if the platform notifies the Client that his trading account has reached a certain level of margin, the Client must:
17.5.1. Close his positions;
17.5.2. Cover his positions;
17.5.3. Make a deposit to his trading account.
17.6. The Company has no obligation to warn the Client about an adjustment of the margins to help him not lose his positions.
17.7. When the margin level in the Client's trading account reaches a stop-out level, the Client's positions will start to close automatically, starting with the highest loss and the Company has the right to reject new orders.
17.8. The margin must be paid in cash in the currency of the Client's trading account. If the Client's deposits are made in a currency other than the currency of the trading account, the conversion to the currency of the trading account will be made.
18. PERSONAL DATA AND CONFIDENTIALITY
18.1. Information about the Client and/or the joint co-beneficiary (if applicable) will be provided by the Company or by third parties, such as, for example, credit agencies, banks, other financial institutions, state records, etc.
18.2. Confidential information is information that is not considered public or that has been delivered to the Company as such. The Client's data presented to the Company are confidential and may be used solely and exclusively for provision of services to the Client, for marketing purposes, statistical information and according to the provisions of the applicable legislation.
18.3. The Company has the right to disclose the Client's information to the point required in the following cases:
18.3.1. If required by law or by order of a competent court;
18.3.2. If required by a regulatory body of a relevant jurisdiction;
18.3.3. To relevant institutions and organizations for the purpose of an investigation or prevention of fraud, money laundering or other illegal activity;
18.3.4. If necessary for the provision of services;
18.3.5. To call centers that offer market surveys and carry out surveys with the aim of improving the Company's service (in this case, only contact information will be provided);
18.3.6. For the protection of the legal rights of the Company;
18.3.7. At the Client's request or upon receipt of their consent;
18.3.8. By the affiliated entities of the Company or by another company of the same group to which the Company belongs;
18.3.9. To the successor or assignee within ten (10) business days following the prior notification to the Client.
18.4. Telephone conversations between the Client and the Company may be recorded; in this case, they will be kept in the Company and will be owned by the Company. The Client hereby confirms that he recognizes these records as evidence of placing orders or confirming any instructions or data provided during these conversations.
19.1. The Company has the right to update, reorganize its type, update and change the platform.
19.2. The Company may modify the Agreement in case if there are reasons to believe that such modifications are necessary.
19.3. Modifications can be made at the request of a relevant authority or as a result of changes in the applicable legislation.
19.4. If the Client does not agree with the changes, he has the right to terminate this Agreement without assuming any additional charge (except the amounts owed to the Company).
19.5. The Company must notify the Client fifteen (15) business days before any modification takes effect. However, a modification that aims to reflect the changes in the applicable normative documents may take effect immediately. This notification may be sent by e-mail, through the platform and/or the website of the Company. The Client is solely responsible for familiarization with the amendments to this Agreement.
19.6. The Client hereby accepts that the Company has the right to entrust the opening of its trading account, evaluation of the Client, the Know Your Client (KYC) procedures and necessary diligences, as well as the collection, storage and processing of the confidential data of the Client to an associated entity, and waives any claim or requirements to said associated entity.
20. TERMINATION OF THE AGREEMENT
20.1. In order to rescind this Agreement, one of the parties must send to the other a written notification fifteen (15) days before the termination; after this, the Agreement will be rescinded and all payments, costs and expenses payable by the Client in favor of the Company, according to this Agreement or due to its termination, shall be paid immediately.
20.2. The termination of this Agreement will not affect the rights or responsibilities arising from this Agreement and the operations performed according to this Agreement.
20.3. Before the termination of this Agreement:
20.3.1. The Client must complete the process of the account opening sending all the required documentation before initiating any such procedure.
20.3.2. The Client must close open positions in his trading account; otherwise, the Company will have the right to close all open positions in the Client's trading account;
20.3.3. The Company has the right to cancel or restrict the Client's access to the platform;
20.3.4. The Company has the right to reject new orders from the Client;
20.3.5. The Company has the right to reject the Client's requests for withdrawal and hold the Client's assets, if necessary, in order to close the Client's open positions and/or if the Client has to pay amounts payable under this Agreement.
21. FORCE MAJEURE
21.1. Force majeure is a circumstance of insuperable force that does not depend on the will of the parties of this Agreement, and is beyond its control and directly or indirectly influences the fulfillment of this Agreement.
21.2. The following situations constitute a force majeure:
21.2.1. Strikes, labor disputes, lockouts, abnormal working conditions, government measures and restrictions, orders from the relevant authorities, etc.
21.2.2. War, military operations, threat of war, emergency, civil disorder, terrorist acts, other catastrophes and crises (political and economic), which, according to the Company, affect the normal functioning of the market.
21.2.3. Acts of God and natural calamities, such as tsunamis, earthquakes, hurricanes, floods, destructive fires, epidemics, etc. They make it impossible for the Company to provide services.
21.2.4. Market destabilization, abnormal market conditions, suspension of negotiations, abnormal trading conditions, etc.
21.2.5. Accidents or failures of networks and/or communication channels that do not arise from the bad faith or malicious intent of the Company.
21.2.6. Financial insolvency of the liquidity provider, financial institution, intermediary agent, executive of the company, stock exchange, clearing house, etc., which prevents the Company from performing its functions.
22. LIMITATION OF LIABILITY
22.1. In case if the Company provides the Client with information, recommendations, news, comments on the market and/or results of investigations (through the website, by email or by other means), the Company will not be responsible for any damage, expense or damage caused to the Client as a result of inaccuracy or error in the information provided.
22.2. If the Company, its directors, employees, affiliates or agents, due to any negligence of the Client, assumes expenses, damages, costs, or in case it receives any claim in relation to this Agreement, the Client shall compensate such damage.
22.3. The Company will not be responsible to the Client for any direct or indirect losses, damages, loss of profits, loss of opportunities (including opportunities that may arise due to market movements), as well as for the expenses that the Client may incur in the process or as a result of this Agreement.
23. CLIENT’S DECLARATIONS TO THE COMPANY
23.1. The Client is 18 years old or older (or is of legal age according to his legislation), of sound judgment, and is capable of making independent decisions of his own free will.
23.2. The Client uses the intellectual property of the Company only for the purposes provided.
23.3. The Client acts as principal and not as an agent or on behalf of third parties, representative, fiduciary, etc., unless the Client and the Company have agreed otherwise, and such agreement has been duly documented, and the Client has provided all documents requested by the Company.
23.4. The Client may act on behalf of third parties only if the Company has given its consent in writing, and the Client has provided all documents required by the Company in writing.
23.5. The information provided by the Client to the Company during the process of opening the trading account and all subsequent information must be true, accurate, valid, complete and in compliance with the clauses set forth in this agreement.
23.6. The Client has read, understood and accepts all the provisions of the Agreement with the Client.
23.7. The funds used by the Client for the negotiations were not obtained as a result of the Client's criminal activity and are not used for terrorism financing.
23.8. The Client is not a politically exposed person, that is:
23.8.1. Head of State, Head of Government, Minister, Vice-Minister; Member of Parliament; member of Supreme Courts, member of Constitutional Courts or other high level judicial bodies; Member of the Court of Auditors or the boards of the Central Banks; Ambassador, Chargé d'Affaires or high officer of the Armed Forces; member of the administration, member of management or of supervisory organs of public companies, as well as any kinship by affinity or consanguinity of the persons described in this clause. However, it is understood that none of the categories established in the foregoing will include officials of intermediate or lower levels. In the same way, when a person has ceased to hold a prominent public office, within the meaning of the definition described above, for a period of at least one (1) year, in any country, such person shall not be considered a politically exposed person according to the same definition.
23.8.2. An individual, who is a joint co-beneficiary of a legal person, or who has any other type of close business relationship with a person named in clause 23.8.1.
23.9 The Client must notify the company if, during the period of the valid legal relationship of the Client with the Company, the latter assumes positions considered politically exposed as provided in clause (23.8.1.).
23.10. The Client is aware of and fully understands the risks related to margin transactions.
23.11. The Client has constant access to Internet and accepts to receive any information about the Company through the website or by email.
24. CLAIMS AND DISPUTES
24.1. The Client's claims must be sent to the Company by email and in the format approved by the Company. The Company is obliged to investigate such claim in accordance with the claims and suggestions procedure as set forth in this clause of the Agreement, as soon as reasonably possible.
25. APPLICABLE LEGISLATION
25.1. In the event that the parties cannot resolve a dispute or controversy among themselves, such dispute or controversy shall be submitted to arbitration and definitively resolved by the Court of Vanuatu.
25.2. This Agreement is governed by the legislation of Vanuatu.
26. BROKER OF INTRODUCTION
26.1. The Company assumes no responsibility for the operation and/or statements of the broker of introduction; and the Company is not bound by the agreements entered into between the Client and the broker of introduction.
26.2. The legal relationship between the Client and the broker of introduction may involve additional expenses, and the Client will be fully informed about this.
27. CONVERSION OF CURRENCIES
27.1. In the event that the currency of the Client's deposit is different from the currency of the Client's trading account, it will be converted and credited to the Client's trading account in the currency of the Client's trading account. This conversion will be executed at a reasonable market price and/or exchange rate of the bank that the Company considers reasonable. The Company has the right to charge the Client the commission for the conversion of currency, including bank commissions, charges for transfers and intermediary’s fees.
27.2. In the case of fluctuations in currency exchange rates, the Company assumes no responsibility for losses or damages incurred by the Client.
28.1. The official language of the Company is English. In case of divergence of interpretation of this Agreement, the English text shall prevail.
28.2. The Company assumes no responsibility for the accuracy of the translation or information provided in languages other than English.
Name of the Client: _____________________________
ID number/Passport: ____________________________
Signature of the Client: _______________________________
Place and date: __________________________________