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absolute discretion, terminate your access to A-BookBroker LLP. Systems to protect the Company's and your interests and ensure the systems' effectiveness and efficiency.
All references to A-BookBroker LLP. Trading hours are in Greenwich Mean Time ("GMT") using a 24-hour format. Our Electronic Services will usually be available continuously from 21:00 GMT Sunday until 21:00 GMT Friday (winter time) every week, excluding public holidays where the Forex market does not operate and cases where the market is closed due to illiquidity in the financial instruments. Please consult our website for more details on operating times for each financial instrument. We reserve the right to suspend or modify the operating hours at our discretion. In such an event, our website will be updated without delay to inform you accordingly. In this respect, the working hours, as indicated on the websites operated by our company and to which you have trading rights, are applicable. We may change our security procedures at any time and inform you of any new policies that apply to you as soon as possible. Electronic Order entry for Market Orders equals Order execution. Forex, to enter an online order, you must access the Markets window, then click on "BUY/SELL" for the relevant market. A new window will appear where you enter the price and lot size. The order is filled shortly after you hit the OK button, provided you have sufficient funds in your Account. Orders may fail for several reasons, including changing dealer prices, insufficient margin, unspecified lot size or unanticipated technical difficulties. Restrictions on services provided There may be restrictions on the number of transactions you can enter on any one day and the total value of those Transactions when using an Electronic Service. Please refer to our website for details of the limits imposed upon Transactions through our Electronic Services. Access requirements
You will be responsible for providing the System to enable you to use an Electronic Service.

Virus detection
You will be responsible for the installation and proper use of any virus detection/scanning program we require from time to time.
Use of information, data and software
Suppose you receive any data, information or software via an Electronic Service other than that which you are entitled to receive according to this Agreement. In that case, you will immediately notify us and will not use, in any way whatsoever, such data, information or software.
 

Maintaining standards
when using an Electronic Service, you must:
1. Ensure that the System is maintained in good order and is suitable for use with such Electronic Service;
2. Run such tests and provide such information to us as we shall reasonably consider necessary to establish that the System satisfies the requirements notified by us to you from time to time;
3. Carry out virus checks regularly;
4. inform us immediately of any unauthorised access to an Electronic Service or any unauthorised Transaction or instruction which you know of or suspect and, if within your control, cause such unauthorised use to cease; and
5. Not leave the terminal from which you have accessed such Electronic Service or let anyone else use the airport until you have logged off such Electronic Service.
 

System defects
Suppose you become aware of a material defect, malfunction or virus in the System or an Electronic Service. In that case, you will immediately notify us of such defect, malfunction or virus and cease all use of such Electronic Service until you have received permission from us to resume use.
 

Intellectual Property
All rights in patents, copyrights, design rights, trademarks and any other intellectual property rights (whether registered or unregistered) relating to the Electronic Services remain vested in us or our licensors. You will not copy, interfere with, tamper with, alter, amend or modify the Electronic Services or any part or parts thereof unless expressly permitted by us in writing, reverse compile or disassemble the Electronic Services, nor purport to do any of the same or allow any of the same to be done, except in so far as such acts are expressly permitted by law. Any copies of the Electronic Services made following law are subject to the terms and conditions of this Agreement. You shall ensure that all the licensor's trademarks and copyright and restricted rights notices are reproduced on these copies. You shall maintain an up-to-date written record of the number of copies of the Electronic Services. If we so request, you shall provide a statement of the number and whereabouts of copies of the Electronic Services as soon as reasonably practical.
 

Liability and Indemnity
Without prejudice to any other terms of this Agreement relating to the limitation of liability and provision of indemnities, the following clauses shall apply to our Electronic Services.
1. System errors
We shall have no liability to you for damage which you may suffer as a result of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, malicious blocking of access by third parties, internet malfunctions, interruptions or other deficiencies on the part of internet service providers. You acknowledge that access to Electronic Services may be limited or unavailable due to such system errors. We reserve the right upon notice to suspend access to Electronic Services for this reason.
2. Delays
Neither third-party software provider nor accepts any liability in respect of any delays, inaccuracies, errors or omissions in any data provided to you in connection with an Electronic Service. We do not accept any liability for any delays, inaccuracies or errors in prices quoted to you if these delays, inaccuracies or errors are caused by third-party service providers with whom we may collaborate. We shall not be obliged to execute any instruction that has been identified based on errors caused by system delays to update prices provided by the system price feeder or the third-party service providers. We do not accept any liability towards executed trades that have been based and resulted from delays as described above.
2. Viruses from an Electronic Service
We shall have no liability to you (whether in contract or tort, including negligence) if any viruses, worms, software bombs or similar items are introduced into the System via an Electronic Service or any software provided by us to you to enable you to use the Electronic Service, provided that we have taken reasonable steps to prevent any such introduction.
4. Viruses from your System
You will ensure that no computer viruses, worms, software bombs or similar items are introduced into our computer system or network and will indemnify us on demand for any loss that we suffer arising as a result of any such introduction.
5. Unauthorized use
We shall not be liable for any loss, liability or cost arising from any unauthorised use of the Electronic Service. You shall on demand indemnify, protect and hold us harmless from and against all losses, liabilities, judgments, suits, actions, proceedings, claims, damages and costs resulting from or arising out of any act or omission by any person using an Electronic Service by using your designated passwords, whether or not you authorised such use.
6. Markets
We shall not be liable for any action taken by or on the instruction of an exchange, clearing house or regulatory body.
7. Suspension or permanent withdrawal with notice
we may suspend or permanently withdraw an Electronic Service by giving you 24 hours written notice.
8. Immediate suspension or permanent withdrawal
We have the right, unilaterally and with immediate effect, to suspend or withdraw permanently your ability to use any Electronic Service, or any part thereof, without notice, where we consider it necessary or advisable to do so, for example, due to your non-compliance with the Applicable Regulations.
9. Breach of any provisions of this Agreement on the occurrence of an Event of Default, network problems, failure of power supply, maintenance, or to protect you when there has been a security breach. In addition, the use of an Electronic Service may be terminated automatically upon the termination (for whatever reason) of:
1. any license granted to us which relates to the Electronic Service; or
2. this Agreement.
9. Effects of termination
In the event of a termination of the use of an Electronic Service for any reason, upon request by us, you shall, at our discretion, return to us or destroy all hardware, software and documentation we have provided you in connection with such Electronic Service and any copies thereof.
10. MARGINING ARRANGEMENTS
11. Contingent liability
Where we effect or arrange a Transaction, you should note that, depending upon the nature of the Transaction, you may be liable to make further payments when the Transaction fails to be completed or upon the earlier settlement or closing out of your position. You may be required to make additional variable payments by margin against the investment's purchase price instead of immediately paying (or receiving) the entire purchase (or sale) price. The movement in the market price of your investment will affect the amount of margin payment you will be required to make. We will monitor your margin requirements daily and inform you as soon as it is reasonably practicable of the amount of any margin payment required under this clause.

Margin call
You agree to pay us on demand such sums by way of margin as are required from time to time as we may in our discretion reasonably require for protecting ourselves against loss or risk of loss on present, future or contemplated Transactions under this Agreement.
Failure to meet a margin call
Please note that if you fail to meet a margin call, we may close out the position immediately.

Form of margin
Margin must be paid in cash in currency acceptable by us, as requested from time to time by the Company. The cash Margin paid to us is held as client money following the requirements of the Client Money Rules. Margin deposits shall be made by wire transfer, credit card, e-wallet or by such other means as The Company may direct.
 

Set-off on default
12. If there is an Event of Default or this Agreement terminates, we shall set off the balance of cash margin owed by us to you against your obligations (as reasonably valued by us). The net amount, if any, payable between us following such set-off shall consider the Liquidation Amount payable under Clause 15 (Netting).
 

Further assurance
You agree to execute such further documents and take additional steps as we may reasonably require to perfect our security interest and obtain legal title to the Secured Obligations.
 

Negative pledge
You undertake neither to create nor to have outstanding any security interest whatsoever nor to agree to assign or transfer any of the cash margin transferred to us, except a lien routinely imposed on all securities in a clearing system in which such securities may be held.
 

General lien
In addition and without prejudice to any rights to which we may be entitled under this Agreement or any Applicable Regulations, we shall have a general lien on all cash held by our Associates or us or our nominees on your behalf until the satisfaction of the Secured Obligations.
 

CLIENT FUNDS
 

Client funds:
We treat funds received or held by us on your behalf following the requirements of the relevant regulations. In particular, funds belonging to you that will be used for trading purposes will be kept in an account with any bank or financial institution used to accept funds which A-BookBroker LLP. will specify from time to time and will be held in A-BookBroker LLP. Name.
By accepting this Agreement, you authorise A-BookBroker LLP. to make any necessary reconciliation transfers for the bank account balance to match the trading account balance, including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Agreement and all amounts which are payable by or on behalf of the Customer to A-BookBroker LLP. or any other person. It is understood that any amount payable by A-BookBroker LLP. to you shall be paid directly to you to a bank account, the beneficial owner of, which is you or via cryptocurrency payment to a VERIFIED WALLET. A-BookBroker LLP processes fund transfer requests. Within the period specified on A-BookBroker LLP.'s official website (7 working days), the time needed for crediting your account will depend on your bank account provider. You agree that any amounts you send in the A-BookBroker LLP. bank accounts will be deposited to your trading account at the value date of the payment received and net of any charges/fees charged by the bank account providers or any other intermediary involved in such transaction process. For A-BookBroker LLP. to accept any deposits by you, the sender's identification must be verified and ensure that the person depositing the funds is you. If these conditions are not met, A-BookBroker LLP. Reserves the right to refund the net amount deposited via the depositor's method.
Interest You, the client, acknowledge and confirm that no interest will be received on the balance of your account.

Unclaimed client funds
You agree that we may cease to treat your funds as client funds if there has been no movement on your balance for six years. We shall write to you at your last known address, informing you of our intention of no longer treating your balance as client funds and giving you 28 days to make a claim. Liability and Indemnity
You agree that we shall not be liable for any default of any counterparty, bank, custodian or other entity which holds funds on your behalf or with or through whom transactions are conducted. The Company will not be liable for loss suffered by you in connection to your funds held by us unless such failure directly arises from our gross negligence, willful default or fraud.

REPRESENTATIONS, WARRANTIES AND COVENANTS

You represent and warrant to us on the date this Agreement comes into effect and as of the date of each Transaction that:
1. if you are a natural person, you are of legal age, and you have the total legal capacity to enter into this Agreement;
2. if you are not a natural person:
A. you are duly organised, constituted and validly existing under the applicable laws of the jurisdiction in which you are included;
B. execution and delivery of this Agreement, all Transactions and the performance of all obligations contemplated under this Agreement have been duly authorised by you; and
C. each natural person executing and delivering this Agreement on your behalf, entering Transactions, and the performance of all obligations contemplated under this Agreement have been duly authorised by you and have been disclosed to us, providing all the necessary information and documentation,
3. you have all necessary authority, powers, consents, licenses and authorisations and have taken all the required action to enable you lawfully to enter into and perform this Agreement and such Transaction and to grant the security interests and powers referred to in this Agreement;
4. the persons entering into this Agreement and each Transaction on your behalf have been duly authorised to do so and are disclosed to us giving details of the relationship with you by providing all necessary information and documentation;
5. this Agreement, each Transaction and the obligations created under them both are binding upon you and enforceable against you following their terms (subject to applicable principles of equity) and do not and will not violate the terms of any regulation, order, charge or agreement by which you are bound;
6. no Event of Default or any event which may become (with the passage of time, the giving of notice, the making of any determination or any
Combination of the above) an Event of Default (a "Potential Event of Default") has occurred and is continuing concerning you or any Credit Support Provider;
7. you act as principal and sole beneficial owner (but not as trustee) in entering into this Agreement and each Transaction, and in case you wish to open, either in the present time or in the future, more than one account with A-BookBroker LLP. Either as an individual client (natural person) or as the beneficial owner of a corporate client (legal person), it is required to immediately disclose to us that you are the beneficial owner of the account(s) during the account opening procedure and to provide us with the necessary information and documentation regarding the relationship between the natural and legal person(s);
8. any information which you provide or have provided to us in respect of your financial position, domicile or other matters is accurate and not misleading in any material respect;
9. You are not located in any Banned Jurisdiction. We reserve the right to request any additional information which we deem necessary, in form and content satisfactory to us, to verify compliance with this paragraph.
10. you are willing and financially able to sustain a total loss of funds resulting from Transactions, and trading in such Transactions is a suitable investment for you; and
11. except as otherwise agreed by us, you are the sole beneficial owner of all funds you transfer under this Agreement, free and clear of any security interest other than a lien routinely imposed on all securities in a clearing system in which such securities may be held.

Covenants:
Your covenant to us:
1. you will at all times obtain and comply, and do all that is necessary to maintain in full force and effect, all authority, powers, consents, licenses and authorisations referred to in this clause;
2. you will promptly notify us of the occurrence of any Event of Default or Potential Event of Default concerning yourself or any Credit Support Provider;
3. you will use all reasonable steps to comply with all Applicable Regulations concerning this Agreement and any Transaction, so far as they apply to you or us;
4. you will not send orders or otherwise take any action that could create a false impression of the demand or value for a financial instrument. Nor will you send orders which we have reason to believe are in breach of Applicable Regulations or by taking advantage of the account(s) you may maintain with A-BookBroker LLP. could be considered as system abusive orders, including but not limited to one's intention to benefit from delays in the prices, to trade at off-market prices and outside trading hours and to abuse the system for trading at manipulated prices; and
5. upon demand, you will provide us with such information as we may reasonably require to evidence the matters referred to in this clause or to comply with applicable regulations.


You agree and understand:
Suppose A-BookBroker LLP. has such proofs that are adequate to indicate that specific amounts you receive are proceeds from illegal acts or products of any criminal activity and belonging to a third party, A-BookBroker LLP. Reserves the right to refund these amounts to the sender, either this being you or a beneficial owner of a legal entity. Furthermore, you also agree and understand that A-BookBroker LLP. may reverse any Transactions performed in your Trading Account and terminate this agreement. A-BookBroker LLP., at the discretion of its compliance officer, may report any suspicious transactions to the relevant authorities. A-BookBroker LLP. Reserves the right to take any legal action against you to cover and indemnify itself upon such an event and may claim any damages caused to A-BookBroker LLP. by you as a result of such an event.

EVENTS OF DEFAULT

The following shall constitute Events of Default on the occurrence of which A-BookBroker LLP. Shall be authorised to exercise its rights following the paragraph below:
1. you fail to make any payment when due under this Agreement or to observe or perform any other provision of this Agreement, and such failure continues for one Business Day after notice of non-performance has been given by us to you;
2. you commence a voluntary case or other procedure seeking or proposing liquidation, reorganisation, an arrangement or composition, a freeze or moratorium, or other similar relief concerning you or your debts under any bankruptcy, insolvency, regulatory, supervisory or similar law (including any corporate or other law with potential application to you, if insolvent), or seeking the appointment of a trustee, receiver, liquidator, conservator, administrator, custodian or other similar officials (each a "Custodian") of you or any substantial part of your assets, or if you take any corporate action to authorise any of the preceding, and in the case of a reorganisation, arrangement or composition, we do not consent to the proposals;
3. an involuntary case or other procedure is commenced against you seeking or proposing liquidation, reorganisation, an arrangement or composition, a freeze or moratorium, or other similar relief concerning you or your debts under any bankruptcy, insolvency, regulatory, supervisory or similar law (including any corporate or other law with potential application to you, if insolvent) or seeking the appointment of a Custodian of you or any substantial part of your assets and such involuntary case or other procedure either:
A. has not been dismissed within five days of its institution or presentation; or
B. has been dismissed within such period but solely on the grounds of an insufficiency of assets to cover the costs of such case or other procedure;
4. you die, become of unsound mind, are unable to pay your debts as they fall due or are bankrupt or insolvent, as defined under any bankruptcy or insolvency law applicable to you: or any indebtedness of yours is not paid on the due date, therefore, or becomes capable at any time of being declared, due and payable under agreements or instruments evidencing such indebtedness before it would otherwise have been expected and payable, or any suit, action or other proceedings relating to this Agreement are commenced for any execution, any attachment or garnishment, or distress against, or an encumbrance takes possession of, the whole or any part of your property, undertaking or assets (tangible and intangible);
5. you or any Credit Support Provider (or any Custodian acting on behalf of either of you or a Credit Support Provider) disaffirms, disclaims or repudiates any obligation under this Agreement or any guarantee, hypothecation agreement, margin or security agreement or document, or any other document containing a responsibility of a third party ("Credit Support Provider"), or of you, in favour of us supporting any of your obligations under this Agreement (each a "Credit Support Document");
6. any representation or warranty made or given or deemed made or given by you under this Agreement or any Credit Support Document proves to have been false or misleading in any material respect as at the time it was made or given or deemed made or given;
7. any Credit Support Provider fails, or you fail to comply with or perform any agreement or obligation to be complied with or completed by you or it following the applicable Credit Support Document;
8. any Credit Support Document expires or ceases to be in full force and effect before the satisfaction of all your obligations under this Agreement unless we have agreed in writing that this shall not be an Event of Default;
9. any representation or warranty made or given or deemed made or given by any Credit Support Provider according to any Credit Support Document proves to have been false or misleading in any material respect as at the time it was made or given or deemed made or given;
10. any event referred to in Clauses 14.2 to Clause 14.4 of this Clause 14 (Events of Default ) occurs in respect of any Credit Support Provider;
11. Any situation where we consider it necessary or desirable for our protection, or any action is taken, or event occurs which we believe might have a material adverse effect upon your ability to perform any of your obligations under this Agreement;
12. you fail or omit to disclose to us your capacity as the beneficial owner of more than one account you may maintain with us and your ability to act as a money manager on behalf of any other client of us;
13. you take advantage of delays that occurred in the prices, and you place orders at outdated prices, you trade at off-market prices and outside trading hours, you manipulate the system to sell at prices not quoted to you by us, and you perform any other action that constitutes improper trading; or
14. any event of default (however described) occurs about you under any other agreement between us.


NETTING

Rights on Default:
On the occurrence of an Event of Default, we may exercise our rights under this clause, except that in the case of the occurrence of any Event of Default specified in Clause 14.2 or Clause 14.3 of the definition of Events of Default (each a "Bankruptcy Default"), the automatic termination provision of this clause shall apply.

Liquidation Date
Subject to the following sub-clause, at any time following the occurrence of an Event of Default, we may, by notice to you, specify a date (the "Liquidation Date") for the termination and liquidation of Transactions following this clause.
 

Automatic termination
The date of any Bankruptcy Default occurrence shall automatically constitute a Liquidation Date, without the need for any notice. The provisions of the following sub-clause shall then apply.
 

Calculation of Liquidation Amount
Upon the occurrence of a Liquidation Date:
1. neither of us shall be obliged to make any further payments or deliveries under any Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date, and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation Amount (as defined below);
2. we shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Transaction the total cost, loss or, as the case may be, gain, in each case expressed in the Base Currency specified by us in writing or, failing any such specification, the lawful currency of the United States (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-establishing of any hedge or related trading position) as a result of the ending, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Transaction (assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant exchange as may be available on, or immediately preceding, the date of calculation); and
3. we shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative charge, denominated in the Base Currency (the "Liquidation Amount").
 

Payer
If the Liquidation Amount determined according to this clause is positive, you shall pay it to us, and if it is a negative amount, we shall pay it to you. We shall notify you of the Liquidation Amount and by whom it is payable immediately after calculating such amount. Other transactions
Where termination and liquidation occur following this clause, we shall also be entitled, at our discretion, to terminate and liquidate, following the provisions of this clause, any other transactions entered into between us which are then outstanding.
 

Payment
The Liquidation Amount shall be paid in the Base Currency by the close of business on the Business Day following the completion of the termination and liquidation under this clause (converted as required by applicable law into any other currency, any costs of such conversion to be borne by you, and (if applicable) deducted from any payment to you). Any Liquidation Amount not paid on the due date shall be treated as an unpaid amount. Bear interest at the average rate at which significant banks offer overnight deposits in the currency of such payment in the London interbank market as of 11.00 is (London time) (or, if no such rate is available, at such reasonable rate as we may select) plus one 1% per annum for each day for which such amount remains unpaid.
 

Base Currency
For any calculation hereunder, we may convert amounts denominated in any other currency into the Base Currency at such rate prevailing at the time of the analysis as we shall reasonably select.
Payments
Unless a Liquidation Date has occurred or has been effectively set, we shall not be obliged to make any payment or delivery scheduled to be made by us under a Transaction for as long as an Event of Default or any event which may become (over time, the giving of notice, the making of any determination hereunder, or any combination thereof) an Event of Default concerning you has occurred and is continuing.
 

Additional rights
Our rights under this clause shall be in addition to, and not in limitation or exclusion of, any other rights we may have (whether by agreement, operation of law or otherwise).
Application of netting to Transactions
This clause applies to each Transaction entered into or outstanding between us on or after the date this Agreement takes effect.
 

 

Single agreement
This Agreement, the particular terms applicable to each Transaction entered into under it, and all amendments to any of them shall constitute a single agreement between us. We both acknowledge that all Transactions entered into on or after the date this Agreement takes effect are based on the fact that the Agreement and all such terms constitute a single agreement between us.
 

RIGHTS ON DEFAULT
 

Default:
In an Event of Default or at any time after we have determined, in our absolute discretion, that you have not performed (or we reasonably believe that you will not be able or willing in the future to commit) any of your obligations to us, in addition to any rights under the clause 15 (Netting) we shall be entitled to take the following actions, without prior notice to you:
1. instead of returning to you investments equivalent to those credited to your account, to pay you the fair market value of such assets at the time we exercise such right; and
2. to sell such of your investments as are in our possession or the possession of any nominee or a third party appointed under or under this Agreement, in each case as we may in our absolute discretion select or and upon such terms as we may in our absolute discretion think fit (without being responsible for any loss or diminution in price) to realise funds sufficient to cover any amount due by you hereunder; and
3. to close out, replace or reverse any Transaction, buy, sell, borrow or lend or enter into any other Transaction or take, or refrain from taking, such other action at such time or times and in such manner as, at our sole discretion, we consider necessary or appropriate to cover, reduce or eliminate our loss or liability under or in respect of any of your contracts, positions or commitments; and
4. To cancel and consider void any Transactions and profits or losses, either realised or unrealised and to close out the account(s) you maintain with us under this Agreement immediately and without prior notice.
 

 

TERMINATION WITHOUT DEFAULT
 

Termination:
Unless required by Applicable Regulations, either party may terminate this Agreement (and the relationship between us) by giving the other ten days' written notice of termination. We may terminate this Agreement immediately if you fail to observe or perform any provision of this Agreement or in the event of your insolvency. In the event of termination, all Customers’ open positions shall be closed by the termination date without derogating all the abovementioned provisions, including charges, fees and penalties. upon terminating this Agreement
1. all amounts payable by you to us will become immediately due and payable, including (but without limitation):
A. all outstanding fees, charges and commissions; and
B. any dealing expenses incurred by terminating this Agreement; and
C. any losses and expenses realised in closing out any Transactions or settling or concluding outstanding obligations incurred by us on your behalf.
2. A-BookBroker LLP. Shall apply best execution rules in cases where you have not provided A-BookBroker LLP. with specific instructions regarding closing your positions.
3. Return any funds remaining in your trading account to your bank account, specifically the account from which the funds were debited. Your funds may be returned to another bank account you are the beneficiary of if you provide us with the required documents to verify that the account belongs to you.

Existing rights
Termination shall not affect then special rights, obligations and Transactions, which shall continue to be governed by this Agreement and the particular clauses agreed between us concerning such Transactions until all debts have been entirely performed.
 

EXCLUSIONS, LIMITATIONS AND INDEMNITY

General Exclusion:
It shall be noted that A-BookBroker LLP. and any entity related to A-BookBroker LLP. will perform Transactions in good faith and with proper due diligence, but neither we nor our directors, officers, employees, or agents shall be liable for any losses, damages, costs or expenses, whether arising out of negligence, breach of contract, misrepresentation or otherwise, incurred or suffered by you under this Agreement (including any Transaction or where we have declined to enter into a proposed Transaction) unless such loss is a reasonably foreseeable consequence or arises directly from our or their respective gross negligence, willful default or fraud. In no circumstance shall we have liability for losses suffered by you or any third party for any special or consequential damage, loss of profits, loss of goodwill or loss of business opportunity arising under or in connection with this Agreement, whether arising out of negligence, breach of contract, misrepresentation or otherwise. Nothing in this Agreement will limit our liability for death or personal injury resulting from our failure. A-BookBroker LLP. will not be held liable for any lost opportunities by you that have resulted in either losses or reduction (or increase) in the value of your Financial Instruments.

 

Tax implications
Without limitation, we do not accept liability for any adverse tax implications of any Transaction whatsoever.
A-BookBroker LLP. Levels
The levels we present on our site are the ones A-BookBroker LLP. is willing to sell options at; they are not the real-time market levels.

Changes in the market
The manner of calculating the Transactions' expiration rates of indexes, stocks, currencies and commodities which A-BookBroker LLP. Offers are updated from time to time, the assets offered by A-BookBroker LLP. and the way the Transactions' expiration rates of indexes, stocks, currencies and commodities are provided by A-BookBroker LLP. are calculated may change from time to time at A-BookBroker LLP. Sole discretion. The customer undertakes to continuously ensure the customer is updated on the assets and the manner of calculation mentioned above.
We reserve the right, at our complete discretion, not to execute the order, to change the quoted price of the Transaction, or offer you a new quote in case of technical failure of the trading platform or in case of extraordinary or abnormal fluctuations of the price of the financial instrument as offered in the market. If we provide you with a new quote, you have the right to either accept it or refuse it and thus cancel the Transaction execution. Without limitation, we do not accept liability because of any delay or change in market conditions before any transaction is affected.

Limitation of Liability
We shall not be liable to you for any partial or non-performance of our obligations hereunder because of any cause beyond our reasonable control, including without limitation any breakdown, delay, malfunction or failure of transmission, communication or computer facilities, industrial action, the act of terrorism, the act of God, acts and regulations of any governmental or supra national bodies or authorities or the failure by the relevant intermediate broker or agent, agent or principal of our custodian, sub-custodian, dealer, exchange, clearing house or regulatory or self-regulatory organisation, for any reason, to perform its obligations. Nothing in this Agreement will exclude or restrict any duty or liability we may have to you under Applicable Regulations, which may not be excluded or limited there under. A-BookBroker LLP. Makes every effort to ensure that the Banks and institutions to which your funds and Financial Instruments are deposited are of good standing and reputation. However, A-BookBroker LLP. Shall not be held liable in the event of a loss resulting from deterioration of the financial situation of a bank or institution, or for an event such as a liquidation, receivership or any other event that causes the Bank or institution a failure and therefore leads to a loss of all or part of the funds deposited. Without prejudice to any other terms of this Agreement, A-BookBroker LLP. will not be liable for: Systems errors (A-BookBroker LLP. or service providers)

Delays
Viruses
Unauthorised use

For any act taken by or on the instruction of a Market, clearing house or regulatory body.
You further acknowledge that you are responsible for reviewing the expiration dates for the options, which are located on the a-bookbroker.com website.
Responsibility for orders
You will be responsible for all orders entered on your behalf via an Electronic Service. You will be fully liable to us for the settlement of any Transaction arising from it.
 

Entire Agreement
You acknowledge that you have not relied on or been induced to enter this Agreement by a representation other than those expressly set out in this Agreement. We will not be liable to you (in equity, contract or tort) for a model not set out in this Agreement and is not fraudulent.
 

Indemnity
You shall pay us such sums as we may – require, on a full indemnity basis, for any losses, liabilities, costs or expenses (including legal fees), taxes, imposts and levies which we may incur or be subjected to concerning any of your accounts or any Transaction or as a result of any misrepresentation by you or any violation by you of your obligations under this Agreement (including any Transaction) or by the enforcement of our rights.
 

MISCELLANEOUS 

Amendments
We have the right to amend the terms of this Agreement. If we make any material change to this Agreement, we will give you at least ten business days' written notice. Such an amendment will become effective on the date specified in the news. Unless otherwise agreed, an amendment will not affect any outstanding order or Transaction or any legal rights or obligations that may have arisen.
If objections arise, you may terminate the Agreement within ten days of the notification by sending a registered letter and on the condition that all pending transactions on your behalf shall be completed. Upon expiry of the abovementioned deadline without the customer having raised any objection, it shall be considered that you consent and accept the amendment's content.
 

Notices
Unless otherwise agreed, all notices, instructions and other communications to be given by us under this Agreement shall be given to the address or fax number you provided. Likewise, all notices, instructions and other communications to be given by you under this Agreement shall be given to us in writing at the address below:
Our Details
Name: A-BookBroker LLP.
Local Office Address: 71 Timiryazev Street Office 17. Almaty 050060. KZ 
Email Address: info@a-bookbroker.com
You will immediately notify us of any change of your address for the receipt of notices, instructions and other communications.

Electronic Communications
Subject to Applicable Regulations, any communication between us using electronic signatures and communications via our website and Electronic Services shall be binding as if they were in writing. Orders or instructions given to you via e-mail or other electronic means will constitute evidence of the charges or instructions.
 

Durable Medium
You may request documents, communications and instructions from this Agreement be provided to you in a medium other than email. In such a case, the Company will provide the requested information in the durable medium of your choice.
 

Recording of calls
We may record telephone conversations without the use of a warning tone to ensure that the material terms of the Transaction and any other material information relating to the Transaction are promptly and accurately recorded. Such records will be our sole property and accepted by you as evidence of the orders or instructions.
 

Our records
Unless shown to be wrong, our records will be evidence of your dealings with us in connection with our services. You will not object to the admission of our records as evidence in any legal proceedings because such records are not originals, are not in writing, nor are they documents produced by a computer. You will not rely on us to comply with your record-keeping obligations, although records may be made available to you at request at our absolute discretion.
 

Your records
You agree to keep adequate records following Applicable Regulations to demonstrate the nature of orders submitted and the time at which such orders are submitted. You can access your statements online at any time via our trading platform. You may request to receive your account monthly or quarterly via email by providing such a request to the support department.
 

 

Complaints procedure
We must establish and maintain internal procedures for handling complaints fairly and promptly. For example, you may submit a complaint to us by letter or email. We will send you a written acknowledgement of your complaint within five working days following receipt, enclosing details of our complaints procedures, including when and how you may be able to refer your complaint to the Kazakhstan Ministry Of Finance, which is the relevant regulatory body. The Company will investigate your case and provide the outcome of the investigation within two months from the receipt of the complaint.
The complaint will be regarded as being resolved and closed upon the occurrence of any of the following: once we have sent you a final response; or where you have told us in writing that you accept an earlier answer that we have sent to you; or if you refer your complaint to the Financial Services Authority when they inform us in writing that the complaint has been closed.
Please contact us if you would like further details regarding our complaints procedures. You may find the complaints form by visiting the link: http://www.a-bookbroker.com
Please submit your complaint to our Customer support or our Compliance Department.

Third-Party Rights
This Agreement shall be for the benefit of and binding upon our respective successors and assigns. You shall not assign, charge or otherwise transfer or purport to assign, charge or otherwise transfer your rights or obligations under this Agreement or any interest in this Agreement without our prior written consent, and any purported assignment, charge or transfer in violation of this clause shall be void. You agree that we may, without further notice to you and subject to Applicable Regulations, transfer by whatever means we consider appropriate all or any of our rights, benefits, obligations, risks and interests under this Agreement to any person who may enter into a contract with us in connection with such transfer and you agree that we may transfer to such person all information which we hold about you.
 

Time of essence
Time shall be of the essence in respect of your obligations under this Agreement (including any Transaction).
 

Rights and remedies
The rights and remedies provided under this Agreement are cumulative and not exclusive of those provided by law. We shall be under no obligation to exercise any right or remedy either at all, in a manner, or at a time beneficial to you. No failure to exercise or delay in exercising any of our rights under this Agreement (including any Transaction) shall be a waiver of those or any other rights or remedies. No single or partial exercise of a right or treatment shall prevent further exercise of that right or remedy or the exercise of another right or remedy.
 

Partial invalidity
If, at any time, any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of this Agreement nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired.
 

GOVERNING LAW AND JURISDICTION

Governing law
This Agreement shall be governed by and construed following Kazakhstan Law.

Jurisdiction
Each of the parties irrevocably:
i. agree for our benefit that the courts of Kazakhstan shall have jurisdiction to settle any suit, action or other proceedings relating to this Agreement ("Proceedings") and irrevocably submits to the jurisdiction of such courts (provided that this shall not prevent us from bringing an action in the courts of any other jurisdiction); and
ii. waives any objection it may have at any time to the laying of the venue of any Proceedings brought in any such court and agrees not to claim that such Proceedings have been brought in an inconvenient forum or that such court does not have jurisdiction over it.
Waiver of immunity and consent to the enforcement
You irrevocably waive to the fullest extent permitted by applicable law, concerning yourself and your revenue and assets (irrespective of their use or intended use), all immunity on the grounds of sovereignty or other similar grounds from suit; jurisdiction of any courts; relief by way of injunction, order for specific performance or recovery of property; attachment of assets (whether before or after judgment); and execution or enforcement of any sentence to which you or your revenues or assets might otherwise be entitled in any Proceedings in the courts of any jurisdiction and irrevocably agree that you will not claim any immunity in any Proceedings. You generally consent in respect of any Proceedings to the giving of any relief or the issue of any process in connection with such Proceedings, including, without limitation, the making, enforcement or execution against any property whatsoever (irrespective of its use or intended use) of any order or judgment which may be made or given in such Proceedings.

 

Promotional Terms
 

Please see the Bonus Policy for our current Promotional Terms and Conditions.
 

FATCA

I have read and understood the declaration of the US reportable persons. I do not fall under the definition of a U.S. reportable person.