This agreement sets forth the terms and conditions governing your Account at fxcoliseum.com. In consideration of FX-COLISEUM agreeing to carry one or more accounts of the undersigned (hereinafter referred to as the "customer") and to provide services to Customer in connection with the purchase and sale of currencies of every nature and kind foreign exchange contracts and any similar instruments (collectively referred to as "Forex Contracts"), which may be purchased or sold by or through FX-COLISEUM for Customer's accounts(s), Customer agrees as follows:
As of the date hereof, the date of each Contract and other transaction in Customer's Account and any date on which FX-COLISEUM's Risk Disclosure Statement or Trading Policies and Procedures are revised, updated or amended, Customer represents and warrants to fxcoliseum.com and agrees for the benefit of fxcoliseum.com that:
Customer has full beneficial ownership of Customer's Account. Customer has not granted and will not grant a security interest in Customer's Account with FX-COLISEUM (other than the security interest granted to fxcoliseum.com hereunder) to any person without FX-COLISEUM's prior written consent. Customer has full beneficial ownership of all collateral and will not grant any security interest in any Collateral to any person (other than the security interest granted to fxcoliseum.com hereunder) without FX-COLISEUM's prior written consent.
Customer will execute and deliver all documents, give all notices, make all filings and take such other actions as fxcoliseum.com, in its sole discretion, deems necessary or desirable to evidence or perfect any security interest in favor of fxcoliseum.com or to protect FX-COLISEUM's interests with respect to any Collateral.
Customer has read and understands the provisions contained in this Agreement, including, without limitation, FX-COLISEUM's Risk Disclosure Statement and Trading Policies and Procedures, customer will review the Agreement each time it is amended. Customer will not affect any Opening Transaction in Customer's Account unless Customer understands fxcoliseum.com's revised Agreement, and Customer agrees that in effecting any Opening Transaction it is deemed to represent that it has read and understands fxcoliseum.com's revised Agreement as in effect at the time of such Opening Transaction.
Customer agrees to comply with all applicable law. You may not use your personal account that attached to any FX-COLISEUM system for any illegal activity.
All information provided by Customer to FX-COLISEUM, including information regarding Customer's trading experience and investment sophistication, is true, correct and complete, and Customer will notify fxcoliseum.com promptly of any changes in such information.
FX-Coliseum is hereby authorized to purchase and sell Forex Contracts for Customer's account(s) in accordance with Customer's oral, Cross Currency Contracts on a spot basis for Customer's Account in accordance with Customer's instructions received through the FX-COLISEUM Cross Broker Copy Trading System. Customer agrees to be conclusively responsible for any instruction received electronically that is identified with Customer's password and Account number and for any electronic, oral and written instruction (including, but limited to, any Order) to fxcoliseum.com from persons fxcoliseum.com, in its sole judgment, believes are apparently authorized by Customer.
fxcoliseum.com will be made available, by posting on the Cross Broker Copy Trading System, Bid Prices and Ask Prices at which fxcoliseum.com is prepared to enter Foreign Currency Contracts or Cross Currency Contracts with Customer. FX-COLISEUM expects that these prices will be reasonably related to the bid prices and ask prices available in the market at that time for similar transactions, but a number of factors, such as communication system delays, high volume or volatility can result in deviations between prices quoted by FX-COLISEUM and other sources. FX-COLISEUM makes no warranty, express or implied, that Bid Prices and Ask Prices represent prevailing bid prices and ask prices.
FX-COLISEUM will attempt to execute all Orders that it may, in its sole discretion, accept from Customer in accordance with Customer's instructions received through the FX-COLISEUM Cross Broker Copy Trading System.
FX-COLISEUM shall have no responsibility for delays in the transmission of orders due to disruption, failure or malfunction of communications facilities and shall not be liable for any claims, losses, damages, costs or expenses.
Customer shall deposit with FX-COLISEUM or margin in such amounts that Customer’s broker may require. Customer agrees to deposit by immediate wire transfer such additional margin when and as required by related broker and will promptly meet all margin calls by such methods as their broker in its sole discretion designates. Each broker may change Margin requirements at any time, without prior notice to Customer, and may call for additional Margin (“Margin Call”) at any time Customer's Margin Balance falls below the Minimum Margin Requirement. Margin calls are conclusive and binding unless objected to immediately in writing, Customer may not take any legal actions against FX-Coliseum should they suffered severe losses due to failure to maintain required margin.
Customer shall pay such system charges (for Cross Broker Copy Trading System, Online EA Technologies & any FX-Coliseum provided facilities or services.) brokerage, commission and special service and all incidental banking-related fees such as wire charges for deposits/withdrawals and returned check fees and inactivity fees. All such charges shall be paid by Customer as incurred and deducted from Customer's accounts
Transaction confirmations of orders and monthly statements of account 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 (1) business day after transmittal to Customer by e-mail, internet access or otherwise. Written objections on Customer's part must be sent by e-mail to firstname.lastname@example.org.
Customer hereby authorizes FX-COLISEUM to transmit to Customer all transaction confirmations and monthly statements of account activity, funds and positions by facsimile transmission, e-mail, internet access or otherwise to such e-mail address as Customer designates on the customer application, or as Customer designates from time to time in writing addressed to FX-COLISEUM. This authorization shall be perpetual, unless changed or revoked in writing by Customer and addressed to FX-COLISEUM.
FX-COLISEUM 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 causes which are beyond FX-COLISEUM's control or anticipation. Further, FX-COLISEUM makes no warranty that the functionality of the Website, server, and/or any of its applications will be uninterrupted or error free, that defects will be corrected or that the Website, the server, and/or any of its application that makes it available are free of viruses or anything else which may be harmful or destructive. FX-COLISEUM shall not be liable for losses arising from the default of any agent or any other party used by FX-COLISEUM under this agreement.
Scalping technique less than two minutes is prohibited by certain brokers in worldwide; all posts are required to be held at least two minutes or longer (if needed). Penalty may cause profits and rebates to be forfeited by related brokers; FX-COLISEUM shall not be held responsible for any Customer losses due to illegal trading methods.
Any indication or suspicion of fraud, manipulation, cash-back arbitrage, or other forms of deceitful or fraudulent activity in an Eligible Customer's live Mini or Standard Account(s) with FX-COLISEUM or otherwise related or connected to any FX-COLISEUM; Bonus / Promotion will nullify all previously credited bonuses of the Eligible Customer's live Mini or Standard Accounts with FX-COLISEUM and/or any and all transactions carried bonus / commission and/or profits or losses garnered therein. In these circumstances, FX-COLISEUM reserves the right, at its sole discretion to close/suspension (temporarily or permanently) all such Eligible Customer's live Mini or Standard Accounts with FX-COLISEUM, cancel all profits of such participant. In these circumstances, FX-COLISEUM shall not be liable for any consequences of the bonus cancelation, including, but not limited to, order(s) closure by StopOut.
If customer directs FX-COLISEUM to enter into any currency transaction: (a) any profit or loss arising as a result of a fluctuation in the exchange rate affecting such currency will be entirely for customer's account and risk; (b) all initial and subsequent deposits for margin purposes shall be made in U.S. dollars, in such amounts as FX-COLISEUM may in its sole discretion require; and (c) FX-COLISEUM is authorized to convert funds in Trader's account for margin into and from such foreign currency at a rate of exchange determined by FX-COLISEUM in its sole discretion on the basis of the then prevailing money market rates.
Customer acknowledges that investments in leveraged and non-leveraged transactions are speculative, involve a high degree of risk, and are appropriate only for persons who can assume risk of loss in excess of their margin deposit to carry Forex positions and may result in significant losses that substantially exceed Customer's investment and margin deposit. Customer represents and warrants to FX-COLISEUM that Customer is willing and able, financially and otherwise, to assume the risk of trading in Forex transactions, and in consideration of FX-COLISEUM's carrying his/her account(s), Customer agrees not to hold FX-COLISEUM responsible for losses incurred through trading. Customer acknowledges that Customer has received no such guarantees from FX-COLISEUM or from any of its introducing or referring agents or other entities with whom Customer is conducting his/her FX-COLISEUM account and has not entered into this Agreement in consideration of or in reliance upon any such guarantees or similar.
The Customer represents and warrants that the financial information disclosed to FX-COLISEUM in this document is an accurate representation of the Customer's current financial condition. Customer has very carefully considered the portion of the Customer's assets which the Customer considers to be risk capital available for investment in Forex Contracts.
Customer acknowledges that Customer has no separate agreement with FX-COLISEUM or any FX-COLISEUM employee or agent regarding the trading in Customer's FX-COLISEUM account, including any agreement to guarantee profits or limit losses in Customer's account.
No provision of this Agreement may be waived or amended unless the waiver or amendment is in writing and signed by both Customer and an authorized officer of FX-COLISEUM. No waiver or amendment of this Agreement may be implied from any course of dealing between the parties or from any failure by FX-COLISEUM or its agents to assert its rights under this Agreement on any occasion or series of occasions.
The Customer hereby agrees to indemnify against all losses, expenses, costs (including legal costs), and liabilities whatsoever which arise, directly or indirectly, as a result of FX-COLISEUM’s proper performance of its obligations, or the enforcement of its rights pursuant to these Conditions, or by reason of any breach by the Customer of this Agreement. These indemnities shall be in addition to any other right, indemnity or claim which FX-COLISEUM may have under this Agreement or the general law and shall not be affected by any variation or limitation of this Agreement. These indemnities shall survive termination of this Agreement.
This Agreement shall continue and be in effect until termination by Customer or FX-COLISEUM. Customer may terminate this Agreement if: (a) Customer has no open Foreign Currency positions and no liability held by or owed to FX-COLISEUM and (b) Customer has provided three (3) days written notice to FX-COLISEUM by e-mail. Termination by either party shall not affect any contracts or other transaction previously entered into.
This Agreement shall be continuous and shall cover, individually and collectively, all accounts of Customer at any time opened or reopened with FX-COLISEUM irrespective of any change at any time in the personnel of FX-COLISEUM or its successors, affiliates or assigns. This Agreement including all authorizations, shall inure to the benefit of FX-COLISEUM and its successors and assigns, whether by merger, consolidation or otherwise, and shall be binding upon Customer and/or the estate, executor, trustees, administrators, legal representatives, successors and assigns of Customer. Customer hereby ratifies all transactions with FX-COLISEUM affected prior to the date of this Agreement, and agrees that the rights and obligations of Customer in respect thereto shall be governed by the terms of this Agreement.