The term of this Agreement. The procedure of its modification or termination
Limit of Liability.
5.1. Client agrees that all transactions in AMP are for Client’s sole account and risk. ALMIDA shall not be excluded from liability for losses occasioned by the ALMIDA’s willful misfeasance, bad faith, or gross negligence in the performance of its duties hereunder.
5.2. We deal with you on an execution-only basis and will not make personal recommendations or advise on the merits or suitability of purchasing, selling or otherwise dealing in particular investments or executing particular Transactions, their legal, tax, accounting or other consequences or the composition of any account or any other rights or obligations attaching to such investments or Transactions. You should bear in mind that merely explaining the terms of a Transaction or Financial Instrument or its performance characteristics does not itself amount to advice on the merits of the investment.
5.3. You acknowledge and agree that you are capable of assessing the merits of and understand and accept, the nature and risks of Transactions entered into under this Customer Agreement and that you do not rely on advice from ALMIDA in relation to the merits of any such Transaction.
5.4. Broker/Dealer Selection.
ALMIDA will use its discretion in selecting the broker, dealer or other counterpart to be used to execute each transaction for the Portfolio.
5.5. Aggregation and Conflict of Interests.
5.5.1. Client acknowledges and agrees that ALMIDA will perform asset management services for other clients and earn fees therefore.
5.5.2.ALMIDA is authorized in its discretion to aggregate purchases and sales and other transactions made for the AMP with purchases and sales and other transactions in the same or similar securities or instruments of the same issuer or counterpart for other clients of ALMIDA or with affiliates of ALMIDA.
5.6. ALMIDA, its officers, employees, and agents, may have or take the same or similar positions in specific investments for their own accounts, or for the accounts of other clients, as ALMIDA does for the AMP.
5.7. Client expressly acknowledges and understands that ALMIDA shall be free to render its services to others and that ALMIDA does not make its asset management services available exclusively to Client.
General Provisions.
6.1 This Agreement is an official offer (the public offer) and supposes the ALMIDA’s intention to render services defined in this document to all the individuals addressed for services provision and accepted all the terms and conditions of the Agreement by transferring funds on ALMIDA’s accounts directly or through ALMIDA’s Agent except on the cases of the services rendering impossibility because of technical, legal or any other reasons.
6.2. The Client understands and agrees that investments have a high risk. Investment funds which are given by the Client are free and you realize risks of no receipt of expected profit.
6.3 Each section of this Agreement and any and every provision therein shall be severable from every other section of this Agreement and any and every provision thereof, and the invalidity or unenforceability of any section of provision shall not affect the validity of any other section of provision of this Agreement.
6.4 ALMIDA can return Client’s funds and terminate this Agreement at any time without prior notice.
Force majeure
7.1. The parties do not bear responsibility before each another for non-execution of obligations under the present Agreement in case of approach of force majeure circumstances (extraordinary and inevitable), arisen besides will and desire of the Parties which it is impossible to expect or avoid, including the declared or actual war, civil excitements, epidemics, blockade, embargo, fires, earthquakes, floods and other natural elemental disasters, and also the publication of acts of government bodies.
7.2. ALMIDA does not bear responsibility for any damage or loss of data, in a consequence of approach of force majeure circumstances which are out of FWIT control.
Feedback path
8.1. The ALMIDA may use:
- e-mail;
- telephone, including IP-telephony;
- a forum on the website of the Company;
8.2 Any correspondence (documents, announcements, notices, statements, reports, extracts from the register of trade operations, etc.) are considered to be received if:
- one (1) hour after sending to e-mail address (e-mail);
- Immediately after sending by fax;
- immediately after the telephone conversation;
8.3. Subject to Applicable Regulations, any communications between us using electronic signatures will be binding to the same extent as if they were in writing. By signing the Customer Account Application you give your consent to the receipt of communications by electronic means, notwithstanding that certain communications would otherwise be required to be made using a durable medium under Applicable Regulations.
Data Protection and Disclosure of Information
9.1. By opening an Account with us you acknowledge that you will be providing personal information (possibly including sensitive data) to us, and you consent to the processing of that information by us for the purposes of performing our obligations under this Customer Agreement and administering the relationship between you and us, including the disclosure of the information to Affiliates
9.2 We have security procedures covering the storage and disclosure of your personal information to prevent unauthorized access and to comply with our legal obligations.
Governing law
10.1 The terms of Client agreement are regulated by the laws of Belize.
10.2 The jurisdiction belongs only to the courts of Belize.
10.3 The Client agrees the jurisdiction of courts of Belize concerning the provisions of the Client agreement.
10.4 In the case of disputable situations, the language of adjustment is English in accordance with the laws of Belize.
10.5 The Company may use an interpreter’s services at trial, in the case of disputable situation, in accordance with the laws of Belize.
The term of this Agreement. The procedure of its modification or termination.
11.1. The present Agreement comes into force from the moment of acceptance of the conditions of the provisions of the Client agreement and confirm the registration in Back office of the Client.
11.2. The agreement is concluded by the acceptance, i.e. a consent of the Client with terms of the contract. The acceptance is filling by the Client of a registration form for opening trading account (registration form is freely available on the internet at the official website of the ALMIDA at the address: http://www.almidainvest.com).
11.3. This order of conclusion of this Agreement complies with the principles of international commercial contracts, according to which the proposal is the offer of one party to conclude the Agreement, and the acceptance – the actions of other party expressing a consent to conclusion of Agreement.
11.4. The agreement is concluded for an indefinite period of time.
11.5. Any changes and additions to the present Agreement, Terms of business or other application to the present Agreement have validity if they are made in writing and published on an official site of the ALMIDA at the address: http://www.almidainvest.com.
11.6. The ALMIDA has the right to change the present Agreement, having notified the Client in 5 days prior to the introduction of changes in force by publication of the updated version of the Agreement on an official site of the Company.
Уведомление о рисках: Торговля на финансовых рынках (в частности торговля с использованием маржинальных инструментов) открывает широкие возможности, и позволяет инвесторам, готовым пойти на риск, получать высокую прибыль, но при этом несет в себе потенциально высокий уровень риска получения убытков. Поэтому перед внесением инвестиции следует всесторонне рассмотреть вопрос о приемлемости данного действия с точки зрения имеющихся финансовых возможностей и уровня риска.
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