Terms & Conditions

Client Agreement

The following describes the terms on which ForexInvest offers you access to our services available under the domain and sub-domains of www.forexinvest.com.au (the "Site" or “Web site”).

By clicking "I Agree", "I Accept" you agree to the terms and conditions of this Agreement, and any documents incorporated by reference. You further agree that this Client Agreement forms a legally binding contract between you and ForexInvest, and that this Agreement constitutes "writing signed by You" under any applicable law or regulation.

This Agreement is subject to change by ForexInvest without prior notice (unless prior notice is required by law), by posting of the revised Agreement on the Web site.

ForexInvest will provide notice to Client of any such amendment or change by posting the amendment or change to the Website or by sending an e-mail message to Client. Client agrees to be bound by the terms of such amendment or change on the earlier of: (i) ten (10) days after ForexInvest has posted notice of such amendment or change to the Website; or (ii) on the date of the entry of any order other than a liquidating order. In the event that Client objects to any such change or amendment, Client agrees to liquidate Client’s open positions and instruct ForexInvest regarding the disposition of all assets in Client’s account within ten (10) business days after notice of the amendment or change has been posted to the Website.

If you have any questions regarding this Agreement please contact immediately Customer Support.

1. TERMS AND HEADINGS

The term “ForexInvest”, its subsidiaries, its successors and assigns; the term "Client" shall mean the party (or parties) executing the Agreement; and the term "Agreement" shall include all other agreements and authorizations executed by Client in connection with the maintenance of Client’s account with ForexInvest regardless of when executed.

The paragraph headings in this Agreement are inserted for convenience of reference only and are not deemed to limit the applicability or affect the meaning of any of its provisions.

LIMITED LICENSE

ForexInvest grants you a non - exclusive, non - transferable and limited personal license to access and use the Web site (the "license"). This license is conditioned on your continued compliance with the terms and conditions of this Agreement.

The license will terminate if ForexInvest believes that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of this Agreement and all rules and guidelines for each service.

2. OBLIGATION OF START FOREC& AUTHORIZATION TO TRADE

ForexInvest shall provide you with access to trading transactions and quotes through the reserve in a twenty four hour mode of operation starting Sunday 22:00 GMT to Friday 21:00 GMT, except on official holidays in the Australia, USA and Europe, through the operators of ForexInvest .

ForexInvest shall provide the following online reports:

• Open Positions: report presenting the account's open transactions.
• Account Statement: Report presenting the account's balance and statement at a given point of time.

ForexInvest is authorized to purchase and sell the Forex market for Client’s account(s) in accordance with Client’s oral or written or computer instructions, subject to the terms of this Agreement and all annexes hereto. Client is obligated to keep passwords secret and solely responsible to ensure that third parties do not obtain access to the password or ForexInvest's trading facilities. Client agrees to be conclusively responsible for any instruction received electronically that is identified with Client’s password and account number and for any electronic, oral and written instruction (including, but limited to, any order) to ForexInvest from persons ForexInvest , in its sole judgment, believes are apparently authorized by Client. ForexInvest shall have no responsibility for further inquiry into such apparent authority and no liability for the consequences of any actions taken or failed to be taken by ForexInvest in reliance on any such instructions or on the apparent authority of any such persons.

3. GOVERNMENTAL COUNTER PARTY INSTITUTION AND
INTERBANKING SYSTEM RULES

All transactions under this Agreement shall be subject to the constitution, by-laws, rules, regulations, customs, usage, rulings and interpretations of the counter party institution or other interbank market (and its clearing organization, if any) where executed and to all applicable laws and regulations. If any statute shall hereafter be enacted or any rule or regulation shall hereafter be adopted by any governmental authority, or a contract market or clearing organization which shall be binding upon ForexInvest and shall affect in any manner or be inconsistent with any of the provisions hereof, the affected provisions of this Agreement shall be deemed modified or superseded, as the case may be by the applicable provisions of such statute, rule or regulation, and all other provisions of this Agreement and provisions so modified shall in all respects continue in full force and effect.

4. GUARANTEES AND DEPOSIT REQUIREMENTS

Client shall provide to and maintain with ForexInvest guarantees in such amounts and in such forms as ForexInvest, in its sole discretion, may require. ForexInvest may change its requirements at any time. Client agrees to deposit by immediate wire transfer, or other payment method acceptable to ForexInvest, such additional guarantees when and as required by ForexInvest and will promptly meet all guarantees calls in such mode of transmission as ForexInvest in its sole discretion designates.

ForexInvest may at any time proceed to liquidate Client’s account and any failure by ForexInvest to enforce its rights hereunder shall not be deemed a waiver by ForexInvest to enforce its rights thereafter. ForexInvest retains the right to limit the amount and/or total number of open positions which Client may acquire or maintain at ForexInvest, and to increase guarantees requirements in advance of earnings or other news or events, with or without notice, either before such events or retroactively or at any other time that it deems at its sole discretion. ForexInvest will attempt to execute all orders which it may, in its sole discretion, choose to accept in accordance with the oral or written or computer instructions of Client’s. ForexInvest reserves the right to refuse to accept any order.

However, ForexInvest shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of ForexInvest including, without limitation, 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. In the event that Client directs ForexInvest to sell any margin, collateral, contract or other property and ForexInvest is unable to deliver such margin, collateral, contract or other property to a purchaser because Client fails to deliver it to ForexInvest, ForexInvest may borrow or purchase any guarantees, collateral, contract or property necessary to make such delivery, and Client hereby agrees to guarantee and hold ForexInvest harmless against any liability, claim, loss, damage, cost or expense, including attorneys’ fees that ForexInvest may sustain.

5. COLLATERAL AND LENDING AGREEMENT

All funds, securities, currencies, and other property of Client which ForexInvest or its affiliates may at any time be carrying for Client (either individually, jointly with other, or as a guarantor of the account of any other person,) or which may at any time be in its possession or control or carried on its books for any purpose, including safekeeping, are to be held by ForexInvest as security and subject to a general lien and right of set-off for liabilities of Client to ForexInvest whether or not ForexInvest has made advances in connection with such securities, commodities, currencies or other property, and irrespective of the number of accounts Client may have with ForexInvest.
Client hereby also grants to ForexInvest the right to pledge, re-pledge, hypothecate, invest or loan, either separately or with the property of other Clients, to itself as broker or to others, any securities or other property of Client held by ForexInvest as margin or security.
This authorization shall apply to all accounts carried by ForexInvest for Client and shall remain in full force until all accounts are fully paid for by Client or notice of revocation is sent by ForexInvest from its home office

6. LIQUIDATION OF ACCOUNTS AND PAYMENT OF DEFICIT BALANCES
In the event of (a) the death or judicial declaration of incompetence of Client; (b) the 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 Client; (c) the filing of an attachment against any of Client’s accounts carried by ForexInvest, (d) insufficient margin/guarantee, or ForexInvest's determination that any collateral deposited to protect one or more accounts of Client is inadequate, regardless of current market quotations, to secure the account; (e) Client’s failure to provide us with any information requested pursuant to this agreement; or (f) any other circumstances or developments that we deem appropriate for its protection, and in ForexInvest's sole discretion, it may take one or more, or any portion of, the following actions: (a) satisfy any obligation Client may have to us, either directly or by way of guaranty of surety ship, out of any of Client’s funds or property in ForexInvest's custody or control; (b) sell any or purchase any or all Currency contracts, securities held or carried for Client; and (c) cancel any or all outstanding orders or contracts, or any other commitments made on behalf of Client.

7. CHARGES

Client shall pay such brokerage fees, commissions, interest payments and special service and all other fees arising out of ForexInvest providing services hereunder in accordance with the ForexInvest fee schedule then in effect.  ForexInvest reserves the right to change its fee structure at any time without notice.

8. STATEMENTS AND CONFIRMATION

Reports of the confirmation of orders and statements of accounts for Client shall be deemed correct and shall be conclusive and binding upon Client if not objected to within two business days of posting online by ForexInvest.

9. COMMUNICATIONS

Reports, statements, notices and any other communications will be posted online and may be transmitted to such address as Client may from time to time designate in a written or electronic communication to ForexInvest.

10. ForexInvest RESPONSIBILITIES

ForexInvest 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 ForexInvest’s control or anticipation. In addition, orders must be places allowing sufficient time to execute and to calculate necessary guarantees requirements.

You should be aware that there are risks associated with utilizing an Internet-based deal execution trading system including, but not limited to, the failure of hardware, software, and Internet connection. Since ForexInvest does not control signal power, its reception or routing via Internet, configuration of your equipment or reliability of its connection, we cannot be responsible for communication failures, distortions or delays when trading via the Internet,

ForexInvest shall not be liable for losses arising from the default of any agent or any other party used by ForexInvest under this agreement.

Under no circumstances shall ForexInvest be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, ForexInvest's trading platform or services including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Client's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services, or for any direct or indirect, special or consequential damages however caused and under any theory of liability and whether or not ForexInvest has been advised of the possibility of such damage. Client agrees that the terms in this Section 10 represent a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.

This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if ForexInvest has been advised of the possibility of such damage. ForexInvest has no liability or duty of indemnification related to unusable data, lost or corrupt Client transactions or data, by whatever means, in whatever form. This limitation of liability additionally eliminates any duty or liability on the part of ForexInvest related to unusable date, lost or corrupt Client transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of ForexInvest's control. ForexInvest disclaims any and all liability resulting from or related to any breach of Internet security or disruption, distortions or delays of Client's connections to the internet, due to any reason. As the Forex Market is not an exchange traded market, prices at which ForexInvest deals at or quotes may or may not be similar to prices at which other the Forex Market makers deal at or quote.  Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, ForexInvest will not be liable for the resulting errors in account balances. Internet, connectivity delays, and price feed errors sometimes create a situation where the prices displayed do not accurately reflect market rates.

11. CURRENCY FLUCTUATION RISK

If Client directs ForexInvest to enter into any foreign currency exchange  transaction: (a) any profit or loss arising as a result of a fluctuation in the exchange rate affecting such currency will be entirely for Client’s account and risk; (b) all initial and subsequent deposits for Guarantees purposes shall be made in U.S. dollars, in such amounts as ForexInvest may in its sole discretion require; and (c) ForexInvest is authorized to convert funds in Client’s account for Guarantees into and from such foreign currency at a rate of exchange determined by ForexInvest in its sole discretion on the basis of the then prevailing money market rates.

12.  RISK ACKNOWLEDGMENT

Trading foreign exchange on margin carries a high level of risk, and may not be suitable for all investors. The high degree of leverage can work against you as well as for you. Before deciding to trade foreign exchange you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore should only be undertaken with risk capital - funds that are not necessary to the survival or well being of the user. Client acknowledges that Client has received no such guarantees from ForexInvest or from any of its representatives or any introducing agent or other entity with whom Client is conducting his/her ForexInvest account and has not entered into this agreement in consideration of or in reliance upon any such guarantees or similar representations.

14. TRADING RECOMMENDATIONS

(a) Client acknowledges that (i) any market recommendations and information communicated to Client by ForexInvest or by any person within the company, does not constitute an offer to sell or the solicitation of an offer to buy any the Forex Market contract, (ii) such recommendation and information, although based upon information obtained form sources believed by ForexInvest to be reliable, may be based solely on a broker’s opinion and that such information may be incomplete and may be unverified, and (iii) ForexInvest makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or trading recommendation furnished to Client. Client acknowledges that ForexInvest and/or its officers, directors, affiliates, associates, stockholders or representatives may have a position in or may intend to buy or sell currencies, which are the subject of market recommendations furnished to Client, and that the market position of ForexInvest or any such officer, director, affiliate, associate, stockholder or representative may not be consistent with the recommendations furnished to Client by ForexInvest. Client acknowledges that ForexInvest makes no representations concerning the tax implications or treatment of contracts; and, (b) Client further acknowledges that should Client grant trading authority or control over Client’s account to a third party ("Trading Agent"), whether on a discretionary or non-discretionary basis, ForexInvest shall in no way be responsible for reviewing Client’s choice of such Trading Agent nor making any recommendations with respect thereto. If Client gives Trading Agent authority to exercise any of its rights over Client’s account(s), Client understands that Client does so at Client’s own risk.

15. CLIENT REPRESENTATIONS AND WARRANTIES

Client represents and warrants that: (a). if Client is a natural person, Client is of sound mind, legal age and legal competence.(b). if Client is not a natural person, (i) Client is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; (ii) execution and delivery of this Agreement and all Contracts and other transactions contemplated hereunder and performance of all obligations contemplated under this Agreement and all other transactions contemplated hereunder have been duly authorized by Client; and (iii) each person executing and delivering this Agreement and all other transactions contemplated hereunder on behalf of the Client performing the obligations contemplated under this Agreement and all other transactions contemplated hereunder on behalf of Client, has been duly authorized by Client to do so. (c) No person other than Client has or will have an interest in Client’s account(s) and Client has not granted and will not grant a security interest in Client’s account with ForexInvest (other than the security interest granted to ForexInvest hereunder) to any person without ForexInvest’s prior written consent. Client 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 ForexInvest hereunder) without ForexInvest’s prior written consent; and, (d) Client hereby warrants that regardless of any subsequent determination to the contrary, Client is suitable to trade THE FOREX MARKET and is a sophisticated institution and/or institutional participant; and, (e) Client 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, and in the event that Client becomes so employed, Client will promptly notify us, at ForexInvest's home office, in writing, of such employment; and, (f) Client will execute and deliver all documents, give all notices, make all filings and take such other actions as ForexInvest, in its sole discretion, deems necessary or desirable to evidence or perfect any security interest in favor of ForexInvest or to protect ForexInvest’s interests with respect to any Collateral; and, (g) Client has read and understands the provisions contained in this Agreement, including, without limitation, ForexInvest’s Risk Disclosure Statement and (h) Client will review this Agreement each time it is amended; and (i) Client will not affect any transaction in Client’s account unless Client understands this Agreement, and Client agrees that in effecting any transaction it is deemed to represent that it has read and understands this  Agreement as in effect at the time of such transaction; and (j) Client agrees to, and shall at all times comply with all applicable laws, statutes  and regulations and Client hereby declares that the execution and delivery by Client of this Agreement and all other transactions contemplated hereunder, and performance of all of Client’s obligations contemplated under this Agreement and any other transaction contemplated hereunder, will not violate any statute, rule, regulation, ordinance, charter, by-law or policy applicable to Client . YOU MAY NOT USE YOUR PERSONAL ACCOUNT WITH ForexInvest FOR ANY ILLEGAL ACTIVITY.

16. DISCLOSURE OF FINANCIAL INFORMATION

The Client represents and warrants that the financial information disclosed to us in his/its Application is an accurate representation of the Client’s current financial condition. The Client represents and warrants that the Client has very carefully considered the portion of the Client’s assets which the Client considers to be risk capital. The Client recognizes that risk capital is the amount of money the Client is willing to put at risk and the lost of it would not, in any way, change the Client’s lifestyle. The Client agrees to immediately inform us if the Client’s financial condition changes in such a way to reduce the Client’s net worth, liquid assets and/or risk capital.

17. INTRODUCING BROKERS

If Client’s account has been introduced to ForexInvest by an Introducing Broker (“IB”), Client understands and acknowledges that ForexInvest may compensate Introducing Broker for introducing Client to ForexInvest and that such compensation may be on a per trade or other basis.

18. DISCLOSURE OF CLIENT INFORMATION

ForexInvest will not share or sell information regarding Clients and/or prospective Clients, except to its employees, agents, partners, and associates as required in the ordinary course of business, including, but not limited to, ForexInvest's banking or credit relationships. ForexInvest may also disclose to federal or state regulatory agencies and law enforcement authorities’ information regarding Client and Client’s transactions in response to a request for such information or in response to a court order or subpoena. ForexInvest will share or sell statistical information without disclosing Client's identity.

19. GOVERNING LAW, ARBITRATION AND JURISDICTION

This Agreement, the rights and obligations of the parties hereto, and any judicial or administrative action or proceeding arising directly or indirectly hereunder or in connection with the transactions contemplated hereby, whether brought by Client or by ForexInvest, shall be governed by, construed and enforced in all respects by the laws of the Netherlands.

Arbitration: Any controversy or claim arising out of or relating to this Agreement (where the total amount of the award sought is less than $10,000) shall be settled by binding arbitration - conducted in person, on-line or based solely upon written submissions where no in-person appearance is required - in accordance with the commercial arbitration rules of the Netherlands Bar.
Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
Any judgment on the award rendered by the arbitrator may be entered, exclusively, in any court located within the Netherlands, having jurisdiction thereof.

Alternatively, Client consents and submits to the exclusive jurisdiction of any appropriate court located within the Netherlands, in any action or proceeding arising directly or indirectly hereunder, whether brought by Client or ForexInvest.

20. TERMINATION

This Agreement shall continue in effect until termination, and may be terminated by Client at any time upon three days prior written notice when Client has no open Currency position(s) and no liabilities held by or owed to ForexInvest upon the actual receipt by ForexInvest at its home office of written notice of termination, or at any time whatsoever by ForexInvest upon the transmittal of written notice of termination to Client; provided, that such termination shall not affect any transactions previously entered into and shall not relieve either party of any obligations set out in this agreement nor shall it relieve Client of any obligations arising out of any deficit balance.

21. INTELLECTUAL PROPERTY AND CONFIDENTIALITY

All copyright, trademark, trade secret and other intellectual property rights and proprietary rights to the ForexInvest website in its totality, its contents and any related materials (“ForexInvest IP”) shall remain at all times the sole and exclusive property of ForexInvest and Clients shall have no right or interest in the ForexInvest IP except for the right to access and use the ForexInvest IP as specified herein. Client acknowledges that the ForexInvest IP is confidential and has been developed through the expenditure of substantial skill, time, effort and money. The Client will protect the confidentiality of the ForexInvest IP and not allow website access to any third party.

22. RECORDINGS

Client agrees and acknowledges that all conversations regarding Client’s account(s) between Client and ForexInvest personnel may be electronically recorded with or without the use of an automatic tone warning device. Client further agrees to the use of such recordings and transcripts thereof as evidence by either party in connection with any dispute or proceeding that may arise involving Client or ForexInvest. Client understands that ForexInvest destroys such recordings at regular intervals in accordance with ForexInvest’s established business procedures and Client hereby consents to such destruction.

23. LEGAL RESTRICTIONS

Without limiting the foregoing, Client understands that laws regarding financial contracts vary throughout the world, and it is Client's obligation alone to ensure that Client fully complies with any law, regulation or directive, relevant to Client's country of residency with regards to the use of the Web site. For avoidance of doubt, the ability to access to ForexInvest's Web site does not necessarily mean that ForexInvest's services, and/or Client's activities through it, are legal under the laws, regulations or directives relevant to Client's country of residency.

This Web site does not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction in which such offer or solicitation is not authorized, or to any person to whom it is unlawful to make such an offer or solicitation. Access to this Web site, and the offering of financial contracts via this site, may be restricted in certain jurisdictions, and, accordingly, users accessing this site are required to inform themselves of, and to observe, such restrictions.

ACCORDINGLY: ForexInvest services are not available to residents of NEW ZEALAND, POLLAND, and HONG KONG, since the local law does not allow persons not authorized by the local Securities Commission to carry on the business of dealing in futures contracts. Therefore IF YOU ARE A NEW ZEALAND, AMERICAN, HONK KONG OR A POLISH RESIDENT, PLEASE DO NOT USE OUR WEB SITE.

24. DECLARATION

By acceptance of this Agreement, Client hereby declares that the moneys invested in Client's account with ForexInvest do not originate from drug trafficking, abduction, or any other criminal activity.

25. TAX COLLECTION

Client knows, understands and agrees that, in general, ForexInvest does not collect tax for any authority in any form or manner.

Without limiting the foregoing, it is Client's obligation alone to calculate and pay all taxes applicable to you in Client's country of residence, or otherwise arising as a result of Client's trading activity from the use of the ForexInvest's services.

Without derogating from Client's sole and entire responsibility to perform tax payments, Client agrees that ForexInvest may deduct tax, as may be required by the applicable law, but is not obligated to do so, from the results of the activity with ForexInvest.

26. ACCOUNT PROCEDURES – IDENTIFICATION

Client acknowledges that applicable laws require financial institutions to obtain, verify, and record information identifying each person who opens an account and, accordingly, Client has provided ForexInvest with certain identifying information and documents. Client confirms that Client has provided true, accurate, current and complete information during the registration process, and that Client has not impersonated any person or entity, or misrepresented any affiliation with another person, entity or association, used false headers or otherwise concealed Client's identity from ForexInvest for any purpose.

27. WITHDRAWAL  AND DEPOSIT PROCEDURES 

Client further acknowledges and accepts ForexInvest's procedures with respect to withdrawals and deposits to accounts as set forth below:

• Withdrawal orders: The provision of documentation as may be required from time to time by AML regulations, credit card companies and ForexInvest, is a prerequisite, prior to the execution of a withdrawal order.

• Credit card deposits may be, according to credit card companies' regulations, returned to the same credit card when a withdrawal is performed. A withdrawal to a bank account where initial deposits have been performed by credit cards will be executed back to credit card or to the bank account at ForexInvest's discretion. Withdrawals to bank account may take a longer time period, due to additional security procedures.

• Credit Card Deposits Variance: When choosing an account base currency other than USD, Client's credit card may be debited sums which due to exchange rates and credit card companies’ fees, may slightly vary from the initial sum that has been deposited by Client in the account base currency. Client hereby accepts that such variations may occur and hereby affirms that Client shall not seek to object or charge this back.

• When depositing by a Bank Transfer, as required by anti money-laundering regulations, Client is required to use only one bank account, which is in Client's country of residence and in Client's name. An authentic SWIFT confirmation, showing the origin of the funds, must be sent to ForexInvest.  Failure to submit such SWIFT may result in the return of the deposited amount, hence preventing the deposit of such pending amounts to Client's account. Any withdrawal of funds, from Client's ForexInvest account to a bank account, can only be refunded to the same bank account that the funds were originally received from.

• Alternative payment methods (internet payment vendors; money transfer services; etc.): when depositing funds using a facility other than credit cards and/or banks, you agree to, and acknowledge being bound by, the regulations and rules of such service, including, but not limited to, fees and other restrictions. ForexInvest, at its sole discretion, may execute withdrawals to a facility other than the facility used for the original deposit, in accordance with anti money-laundering regulations.

28. ENTIRE AGREEMENT

This Agreement together with the Client Account Application embodies the entire agreement between ForexInvest and the Client, superseding any and all prior written and oral agreements.

CLIENT ACKNOWLEDGES HAVING RECEIVED, READ AND UNDERSTOOD THE FOREGOING CLIENT AGREEMENT AND HEREBY AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREOF.