Service Agreement
Service Agreement
2. GENERAL PROVISIONS
2.1. Annexes to the present Agreement include:
— Risk disclosure;
— Trading operations regulations;
— Non-trading operations regulations, AML\KYC policy;
— Payment policy;
— other documents, which the Company may consider necessary.
The above list is unclosed. The Company has the right to unilaterally supplement the
present list, change the names of annexes, their terms and conditions. In all of the cases
listed, no changes are made to the Agreement, and prior or any other notice to the Client is
not required.
2.2. The annexes are available on the Company’s website (accessible subdomains) at the
bottom of the main page.
2.3. The Agreement only constitutes an o er to an Individual to become a Client of the
Company, by means of entering into the Agreement, on the terms speci ed in it. The
Agreement is not considered as a public o er, and does not oblige the Company with the
o er made by it.
2.4. The Company has the right to refuse an Individual to conclude this Agreement without
disclosing the reasons.
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2.5. The Company has the right at any moment, and without prior notice or explanation, to
terminate the Agreement with the Client, blocking the access to the Trading terminal.
2.6. The Company has the right to involve third parties to provide ful llment of the Agreement. At
the same time the Company may not be responsible for actions of these involved parties.
2.7. Registration on the Company’s website and Trading platform in accordance with forms
provided, is a con rmation that an Individual unconditionally and fully accepts all the terms
of the Agreement and its annexes.
2.8. Any operation performed by the Client using Personal account and/or the Trading terminal is
considered a subject of the agreement and is regulated by its provisions.
2.9. Once becoming the Client of the Company, it is considered that the Individual has carefully
read and fully accepted all the terms of the Agreement, as well as any other information
published on the Company’s website (accessible subdomains). The responsibility to monitor
such information and updates to it, lies entirely on the Client.
2.10. The Client hereby guarantees that he will:
— During the process of registration, provide true, reliable, accurate and complete
information;
— ll out the forms provided by the Company by himself;
— conduct trading and/or non-trading operations by himself;
— act on his own behalf and at his own expense;
— only use his own funds. In addition, the Client guarantees the funds used by him are of
legal nature, legally obtained, and also that he owns and disposes of such funds legally.
— not use borrowed funds. In addition, the Client guarantees that the balance of his
account will not be replenished by third parties and / or using means of payment
(payment instruments) of the third parties.
— In his actions, be guided by the principles of reason, honesty and conscientiousness;
— not perform actions, directly or indirectly aimed at causing the Company any kind of
damage, including usage of aws, software errors, defects in the trading terminal, to
generate pro t, and will not share such information with third parties.
— conduct trades honestly and in good faith;
— not use the Company’s internal information to gain any kind of advantage in the process
of conducting trades;
— comply with the law;
— take all the necessary actions, aimed at preventing illegal trading activities, unlawful
trades, money laundering and legalization of funds;
— not use dishonest methods when conducting trades;
— not use the Company’s website, trading platform, trading terminal to conduct any kind of
fraudulent or illegal nancial activities;
— not replenish accounts belonging to third parties, and will not withdraw funds from the
Individual’s account to the accounts of third parties, and /or to the means of payment of
third parties;
— not use credentials of third parties to perform any operations, as well as that he will not
disclose his credentials to third parties. The responsibility for transferring and / or
distributing (intentional or accidental) of personal data from the trading terminal and
personal account lies entirely with the Client;
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— all actions performed by the Client will be legal, will not violate any legal acts, legislative
norms, rules, orders and regulations, as well as any other regulatory document in the
jurisdiction of the Client and / or a ecting his actions, assets, conditions, as well as
provisions of the present Agreement.
2.11. The Company has the right to unilaterally, and without prior notice to the Client, introduce
limits on the number of the simultaneously opened trades, change the period of time,
during which the Client is allowed to conduct these trades, change the requirements for
such trades, including signi cant changes, as well as apply any other restrictions or
changes a ecting the execution of the trades by the Client.
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3.8. Income – the amount of funds credited to the Client’s balance when trades are closed in
pro t.
3.9. Pro t zone – a possibility of getting an income for a trade by the Client, based on a certain
(current) price of the asset.
3.10. Loss zone – a situation in which, based on the current price of the asset, getting an income
by the Client is not possible.
3.11. Price change – a direction of price change may be either “Higher” or “Lower”. This is the
necessary condition of trade operation, and determines if the payout for a xed-time trade is
possible.
3.12. Quote – the current price of the asset. The information about quotes is displayed in the
Trading terminal.
3.13. Payout ratio – is displayed in percentage, and determines the amount of the Client’s
income. This percentage ratio is regulated by the Company, and depends on the asset and
conditions of a trading operation.
3.14. Asset rate – the price of the asset that is displayed in the trading terminal. The rate is
unilaterally determined by the Company, and depends incl. on the information received by
the Company from central banks, liquidity aggregators, market-makers etc.
3.15. Personal account – a part of the Trading terminal, where the information about the Client
and his actions on the trading platform is displayed.
3.16. Log (log-record) – a le containing speci c information about the Client’s actions in the
trading terminal. Log-record is created by the Company’s server. At the same time the
Company has the right not to record log data. The procedure of logging allows to log all the
Client’s requests, his orders, and other actions as well as the results of such actions, up to
milliseconds or seconds. In case of disputes arising, in order to ensure that the provisions of
the present Agreement are implemented properly, the Parties of this Agreement accept that
a log-record is considered to be evidence and the main source of information. The Parties
agree that a log-record from the Company’s server has a prevailing value incl. over a log-
record from the trading terminal on the Client’s side and has a categoric priority over other
arguments and evidence in case of a dispute.
3.17. Withdrawal options - are displayed in the trading terminal, in the personal account of the
Client.
3.18. Operation – a trade. A distinction can be made between:
3.18.1.Trade operation - a process of opening and closing of a xed-time trade, during which the
funds are debited from the Client’s account once the trade is opened, and credited in case
еру trade closed in pro t, and the Client receives income. The Client accepts that there is
no physical distribution of an asset, in the process of a trading operation.
3.18.2.Non-trading operation – an operation that includes crediting of the funds to the Client’s
account or withdrawal of funds.
3.19. Quote stream – a sequence of all quotes. It is displayed in the trading terminal.
3.20. Payment service provider – a company that provides online services for processing
payments (money transfer) in various ways.
3.21. Account – the account of the Client, which is used by him for conducting trading
operations, and to which funds are credited, in case the Client receives income when a
trade is closed. The Client is entitled to open only one account in the Company’s system. In
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case the Clients violates the rule of opening only one account, the present Agreement may
be unilaterally terminated by the Company, without prior notice to the Client and disclosing
the reasons. At the same time the Company has the right to deny the Client of conducting
any operations, as well as refuse to provide payout of funds from the Client’s account. The
Client opens an account using a currency of his choice. However, the Client is entitled to
convert funds in his account to other available currency, provided there are no currently
opened trades. The list of currencies, which are available to convert funds to, is displayed in
the Personal account of the Client. The Client is informed that the conversion rate is set by
the Company, and may di er from rates set by central banks, nancial institutions and
market. The Client accepts that currency conversion is an expense and is determined at the
time of such operation. The Company also has the right to provide the Client with the
opportunity to use his Account for purposes that are not speci ed in this Agreement. The
relationship between the Company and the Client in such cases are regulated by the
additionally concluded agreements and / or contracts.
3.21.1.External account – the Client’s current account in a bank and / or payment system.
3.22. Debiting of funds (withdrawal of funds) – debiting of funds from the Client’s Account and
crediting them to his External account.
3.23. Trade - a trading operation on a derivative nancial instrument, in the process of which its
essential conditions are established. When conducting a trade, the Client pays the amount
of the trade, and the Company pays a xed income, provided that all the conditions of the
trade are agreed upon and ful lled.
3.23.1.Open trade - a trade from the moment it was opened and until it is closed, while it is not
determined for an open trade, whether a payment for it will be made.
3.23.2.Closed trade – a trading operation of closing an open trade. The period of time from the
opening of the trade till its closure is agreed upon by the Parties at the moment of
conducting of the trade. A trade may be closed ahead of schedule, provided that the
Company has such a technical capability. In addition, the Company has the right to
unilaterally make a decision to provide the Client with the opportunity to close the trade
ahead of the schedule, or refuse such early closure.
3.23.3.Risk-free trade – a trade for which the Client is guaranteed to receive income, provided
the certain requirements for payout are met. Or the amount of the trade will be returned to
the Client, in case these requirements are not met.
3.24. Company’s server – The Company’s complex of hard- and software, designed to process
information requests of Clients’ computers within data transmission networks. In particular,
the sever processes and stores information about the Clients’ requests for performing trade
and nontrading operations, about restrictions on performing such operations, about
providing data on quotes for assets, keeps records of Client’s operations, determines the
nancial result of trading operations, controls the compliance with all the conditions of the
trades.
3.25. Amount of the trade – the amount of money the Client pays to the Company for
conducting a trade.
3.26. The Company’s account – a current account in a bank or other nancial institution, an
account in an electronic payment system, as well as other accounts of the Company.
3.27. Essential conditions of the trade – conditions that determine the payment of income to
the Client.
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3.28. Trading terminal – software, using which the Client conducts trading operations, as well as
received all the required information, incl. data on quotes, messages from the Company,
data on currency exchange rates etc. The trading terminal cannot be used in countries
where it’s prohibited to conduct xed time trades or any other trades with derivative assets.
The trading terminal may also not be used by persons a liated with the Client. The Client
registers his trading terminal during the procedure or registration on the Company’s website.
Logging into the trading terminal is carried out using the password that the Client sets
independently, and becomes responsible for its non-disclosure to third parties. The Client
hereby con rms that all actions made using his Trading terminal will be performed by the
Client personally.
3.29. Trading signal – a recommendation to buy or sell derivative nancial instruments, which is
based on the market analysis. A trading signal cannot be considered an o er. A trading
signal is only information about the direction in which a trade may be opened. It is not a
direct recommendation and a call to open a trade. The Company is not responsible for
operations performed by the Client, on the basis or information obtained from trading
signals. The Client has the right to use trading signal as an indicator for opening a trade, or
has the right to ignore the information received.
3.30. Expiration of the xed-time trade – the nal settlement of derivative nancial instrument
within the closed trade.
3.31. “1-Click” – an option, using which the Client can top up his Account without repetitive
(additional) entering of the card’s data.
3.32. Cookie- le – small fragments of text that are transmitted from the Company’s website to
the browser and / or to the mobile device of the Client. Using cookies, the Company’s
website becomes the most useful for the Client. Cookie les help to authenticate the Client,
prevent fraud and protect the Client when interacting with the service. The Client has the
right to allow or block all cookie les.
3.33. Fixed-time – a derivative ( nancial instrument), which is based on the operation of opening
of the trade and the operation of closing it. In this case the trade is placed for a speci c
amount, chosen by the Client. The Company does not provide the Client with borrowed
funds.
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4.3. The Company has the right to send, and the Client is obliged to accept messages from the
Company at any time.
4.4. The Company has the right to send to the Client any information related to the execution of
the present Agreement, incl. message of informative, noti cation, or advertising nature. At
the same time the frequency of sending messages is regulated by the Company unilaterally.
The Client has the right to refuse to receive messages from the Company, using the
“Unsubscribe” button (in case it’s available) or by contacting support specialists of the
Company.
4.5. The Parties have established the following deadlines, after which a message is considered
to be accepted by the Client:
— for telephone communications: upon completion of a conversation with the Client; and
right after sending an SMS message.
— for email: 1(one) hour after sending an email by the Company’s representatives;
— for postal message: 10 (ten) days from the date of sending the letter (package);
— for noti cations via the Company’s website immediately after the publication of
noti cations by the Company;
— for noti cations in the browser, personal account, or other section of the trading platform
of the Company: immediately after posting of the message by the Company.
4.6. The Parties have hereby agreed on the following addresses for communications;
— Company’s email: info@binolla.com.
The Company has the right to supplement and change addresses used for providing
information. The Client undertakes to independently monitor such information on the
Company’s website.
4.7. The Client guarantees his polite and correct communication with the Company and its
representatives. In case of violation of this clause, the Company has the right to terminate
this Agreement unilaterally without providing the reasons.
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5.5. The documents listed in the clause 5.4. of the present Agreement, must be provided by the
Client within 5 ( ve) calendar days, or other time period established by the Company via the
relevant noti cations.
5.6. In case the Client fails to submit such documents, following the procedure described in the
clauses 5.4.-5.5. of this Agreement, the Company has the right to suspend any operations
of the Client, until the reason of such suspension is eliminated. In addition, the Company
reserves the right to block any operations of the Client (both trading and non-trading) until
the date of completion of the identi cation procedure.
5.7. Login to trading terminal of the Client is carried out using a password. The password is set
by the Client personally, when registering on the Company’s website. The Client has the
right to change the password, or in case of loss, recover the password, using the special
password recovery procedure.
5.8. The Client is responsible for non-disclosure of his password to third parties, as well as for
any unauthorized access to the trading terminal by means of changing or guessing the
password. A third party, who logged into the trading terminal by entering a password is
identi ed by the Company as the Client himself.
5.9. The Parties hereby con rm and guarantee that all actions, performed into the trading
terminal by entering a password, are considered to be performed by the Client personally.
5.10. The Company is not responsible for disclosure of the password to third parties, for loss of
password by the Client, for theft of password, as well as any unauthorized access to the
trading terminal of the Client for any reasons.
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In case of absence of information, documents in accordance with the list speci ed into the
present clause, the Company has the right not to consider such claim.
6.5. The claim is sent by the Client, in accordance with clauses 6.3.-6.4. of the Agreement,
within 5 ( ve) days from the date of occurrence of the event, causing the disputable
situation. The Company has the right not consider claims that are outside of the speci ed
time period.
6.6. The claim is sent to the Company by email: info@binolla.com, or by registered mail with
noti cation. Claims submitted using any other means will not be considered.
6.7. In case the text of the claim contains profanity, o ensive language or exclusive emotional
assessment of the case – such claim will not be considered by the Company.
6.8. The Company has the right to request, and the Client is obliged to provide documents,
required by the Company to analyze the disputable situation. Documents are provided by
the Client within the term speci ed in the request. In case of failure to provide the required
information by the Client within the term speci ed – the Company has the right to leave the
claim without consideration, and the Client’s requirements without satisfaction.
6.9. The Parties con rm that the assessment of the disputable situation is carried out primarily
on the basis of the log-record of the Company’s server. The Parties agree that log-record of
the Company’s server is the main source of information and is of prevailing importance, incl.
before log-record from the trading terminal of the Client, as well as having peremptory
priority over other evidence and arguments in a disputable situation.
6.10. The Company considers the claim within 30(thirty) business days, excluding the time period
for the Client to provide the additional documents requested by the Company.
6.11. Disputes that were not settled in the process of negotiations are resolved in court, with
obligatory observance of the claim procedure. The claim procedure is considered to be
observed in case of its compliance with the clauses 6.3.-6.11.
7. GOVERNING LAW.
7.1. This Agreement is concluded on the territory, and is governed by the laws of St. Vincent and
Grenadines.
7.2. Claims that have arisen between the parties, and that have not been settled amicably, are
subject to consideration in the courts of St. Vincent and Grenadines, at the place of
registration of the Company.
7.3. The Client agrees that the place of legal trial cannot be changed under any circumstances.
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Republic of the Union of Myanmar, USA, Republic of Somalia, Republic of Sudan, Finland,
France, Estonia, Croatia, Central African Republic, Czech Republic, Switzerland, Sweden,
Federal Democratic Republic of Ethiopia, Eritrea, Japan, Isle of Man, Guernsey, Jersey.
8.2. The Company does not provide services to dependent, connected and / or associated
territories of the states, listed in clause 8.1. of the Agreement.
8.3. The Company does not provide services to persons directly or indirectly related to the
countries and territories from clause 8.1. of the present Agreement, including, but not limited
to:
— persons whose place of birth is one of the countries from clause 8.1. of the Agreement;
— persons who are residents of the states from clause 8.1. of the Agreement;
— persons residing in the territory of the states from clause 8.1. of the Agreement;
— persons having a postal address and / or address of residence in the state from clause
8.1. of the Agreement;
— persons having a residence permit, entry permit or other similar document of the state
from clause 8.1. of the Agreement.
— persons having phone a number, IP-address of the state speci ed in clause 8.1. of the
Agreement;
— persons having any other connections with the states, territories from clause 8.1. of the
Agreement.
8.4. In case of identi cation of a person, with whom the Company concluded the Agreement,
but who is a person described in the clause 8.1. of the Agreement, the Company has the
right to apply any action from clause 10.10. of the present Agreement.
9. FORCE MAJEURE.
9.1. The Parties of the present Agreement are released from liability for partial or complete failure
to ful ll their obligation in case of force majeure circumstances.
9.2. Force majeure circumstances shall be understood as circumstances that arose
independently of the will of the Parties, after the Agreement has been concluded, which
prevent the full or partial implementation of the Agreement, and the occurrence, actions,
and consequences of which could not be foreseen and prevented by reasonable means,
including, but not limited to, wars, military operations of any nature, natural disasters,
natural and technological disasters, any operations, restrictions imposed by state bodies, or
other actions of competent state bodies that may have a direct impact on the ful llment of
the obligations that the Parties agreed upon, strikes, riots, civil unrest, terrorist acts, etc., as
well as interruptions in the operation of software, electronic equipment, instability of the
quotes ow, instability on the side of the liquidity providers, and more.
9.3. Upon occurrence of such circumstances, speci ed in clause 8.2. of the present Agreement,
the company has the right to cancel trades (a trade) of the Client, suspend trading, cancel or
change the e ect of any provision of the current Agreement, until the force majeure
circumstance is eliminated.
9.4. In case of force majeure circumstances, the term to ful ll the obligations of the present
Agreement is extended proportionally to the period of time, during which such
circumstances and their consequences are in force.
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9.5. The Company has the right not to take any actions in the event of occurrence of
circumstances from clause 8.2., if it would be considered rational, reasonable, and
expedient.
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10.4.4. for damage caused to the Company as a result of actions agreed with other clients of the
Company, a liated with them and / or with the Client, other third parties, and resulting in
losses to the Company;
10.4.5.for other damage caused to the Company as a result of the use by the Client of dishonest
methods, ways of conducting trades, including the use of the Bonus system;
10.4.6.for losses incurred by the Company, if it has reason to believe that the Client used, or tried
to use the Company's software in bad faith;
10.4.7.for losses incurred by the Company, if it has reason to believe that the Client used the
funds in the Company's Account in bad faith;
10.4.8.for damage caused to the Company as a result of the use by the Client of aws in the
Company's software, errors of the trading platform, trading terminal and other aws in the
Company's system;
10.4.9.for damage caused to the Company due to the use by the Client of the Company's internal
information, incl. con dential, which provided the Client with any kind of advantage when
conducting trades;
10.4.10.for damage caused to the Company due to the use by the Client of the technical
mechanism of updating the quotes stream.
10.5. The list of reasons for holding the Client liable is unclosed, and may be supplemented by
the Company at its sole discretion unilaterally, without time limits (regardless of the time
when the violation was committed by the Client).
10.6. Losses caused by the Client may be debited from his Account, or the account of another
person, provided that this account de facto belongs to the Client.
10.7. The Company has the right to block the trading terminal of the Client, depriving him of the
further possibility to perform operations.
10.8. The actions speci ed in clauses 9.4.-9.5. may be implemented by the Company, provided
that it has su cient grounds to believe that the Client's actions were aimed at causing
damage to the Company and caused and / or could cause damage to the Company.
10.9. In case of violation of any of the terms of the present Agreement, the Company has the right
to:
10.9.1.block the Client’s access to the trading terminal;
10.9.2.suspend the ability to perform any operations by the Client;
10.9.3.change the amount of payment to the Client, as well as the balance of the Client's
Account;
10.9.4.declare one, several and all of the Client's trades as invalid, close one, several or all of the
Client's trades;
10.9.5.terminate the provision of services to the Client with or without a refund of the funds
deposited by the Client;
10.9.6.terminate the Agreement unilaterally;
10.9.7. take other actions that the Company deems reasonable in the given situation.
10.10. When the Company performs actions from clause 9.7., the Client undertakes to take all
possible actions to eliminate the identi ed violations within 30 (thirty) days from the date the
Company discovers violations of the terms of the Agreement. Otherwise, the Company has
the right deduct all funds from the Client's Account. Upon elimination of violations by the
Client, as well as upon ful llment by him of all the requirements of the Company, the
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Company has the right, but is not obliged, to return to the Client the previously deducted
funds.
10.11.All actions named in clause 9.7. of the Agreement, the Company has the right to apply
separately or simultaneously, without prior notice to the Client about such actions, guided
solely by its own discretion, without providing explanations.
10.12.In case of termination of the Agreement by the Company, the Client is not entitled to
register a new account, including using false and / or other person's data during
registration. In case there is at least one reason to believe that the Client has violated clause
9.10., the Company has the right to install the sanctions outlined in clauses 9.7.-9.8. of the
Agreement.
12.FINAL PROVISIONS.
12.1. The Company has the right to make changes, additions to this Agreement unilaterally,
without prior notice to the Client. The date of entry into force of these changes/additions is
the date speci ed by the Company (if any), or the date of release of such changes/additions.
In case such changes are related to alterations in legislation, rules of trading systems,
markets or such agreements, the date of their entry into force is identical to the date of the
corresponding publication.
12.2. Changes introduced by the Company apply to all clients, regardless of the date of their
registration.
12.3. The Client is obliged to independently monitor all changes and additions made by the
Company to this Agreement and any of its annexes. Such changes are published on the
Company's website, on the trading platform, in the trading terminal. Responsibility for
ignorance of any changes made, lies entirely with the Client.
12.4. The Company has the right to suspend the provision of its services to the Client at any time
without providing explanation.
12.5. Within the framework of the present Agreement, and for the purpose of its execution, the
Client agrees to the processing of personal data provided by him (automated and
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nonautomated), incl. consent to the collection, receipt, systematization, storage,
clari cation, extraction, use, transfer (distribution, submission, access), depersonalization,
blocking, deletion, destruction, cross-border transfer of data. Consent is provided by the
Client for 80 (eighty) years. The Client has the right to withdraw consent using the procedure
described in the Privacy Policy, which is an annex to the present Agreement.
12.6. The Company guarantees the con dentiality of the data provided by the Client, except as
required by law or force majeure.
12.7. Any information provided to the Client, may be used by him only to perform actions
provided for by the Agreement.
12.8. The Company is not responsible for the reliability, accuracy, relevance, as well as the
frequency of information provided and / or posted by third parties. Moreover, the Company
is not responsible for the consequences of such information, in the form of decisions made
by the Client. The scope of the Client's rights to such information is limited by the scope of
the Company's rights to it.
12.9. The Company has the right to assign the rights and obligations under this Agreement to a
third party. Noti cation of the Client about the assignment being made is not required.
12.10.The transfer of rights and obligations by the Client to another person is only possible on
condition that the Company provides written consent to the cession being performed.
Otherwise, the assignment of the rights and obligations of the Client is invalid.
12.11.The Company reserves the right to have material pro t in relation to any operation in the
trading platform or personal account, as well as material pro t (relationship, agreement) that
con icts with the interests (relationships, agreements) of the Client. This right concerns, incl.
partners of the Company, persons a liated with it, any other interested third parties. In turn,
the Client agrees to the Company to act in relation to the Client, in the way the Company
deems correct and appropriate, regardless of the material interest of the Company.
12.12.The Company guarantees that any agreements it concludes with third parties, under which
the Company has the right to act on behalf of the Client, are concluded solely in the
interests of the Client.
12.13.The Agreement may be concluded in the language of any country where the Company
operates. At the same time, an agreement in English shall prevail. In case of any kind of
discrepancies in the provisions of agreements concluded in di erent languages, the parties
agreed to be guided by the text of the agreement in English language.
12.14.In case one or more provisions of the present Agreement are recognized as illegal by a
court of competent jurisdiction, the Parties have agreed that such a provision will be
considered as part of the Agreement, without a ecting the rest.
12.15.The text of the present Agreement published on the Company's website takes precedence
over the text published in any other source.
12.16.The Client undertakes to use the trading platform solely for the purposes provided for by
the present Agreement. Upon termination of the Agreement, the use of the trading terminal
is prohibited.
12.17.In all situations not speci ed in the present Agreement, the Company is guided by the
principles of honesty, reasonableness, as well as the generally accepted provisions of
business practices for this kind of activity.
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