Terms of use
As to account opening with TritonFX and foreign exchange market NDD, client shall approve that client received enough explanation and understood completely for following matter in NDD trading in addition to the content written in explanation relating to provided risk when client makes investment for foreign exchange, purchase or sell under the determination of TritonFX or when client receives service or product provided from TritonFX at any time.
1.NDD does not make any trade in restricted market. There are no guarantees relating to credibility of counter party (derivative trading companion) of client’s currency position. To avoid settlement of unfavorable trading balance which may bring significant financial loss from decreasing liquidity of trade, it may cancel trading of said currency unwillingly.
2.Tradable or possible trade in NDD is investors who can cover and handle the loss equivalent to the value of gross profit and deposit. Client who cannot cover such should not be using NDD account through TritonFX.
3.Advice and recommendation by TritonFX relating to the market are based on TritonFX’s employee’s decision and these do not match TritonFX’s affiliates or employees intention or market status. Advice and recommendation by TritonFX relating to market are based on reliable information but TritonFX cannot and does not guarantee accuracy and integrity of such information. By following advice and recommendation, it is impossible to represent and does not represent purport of risk free of currency trading. Any advice and recommendation relating to market and provided information do not construct request or solicitation request relating to NDD trading by TritonFX. Client is capable of evaluate and handle both profit and risk associated with TritonFX and client understands and hereby agrees to be entirely liable.
4.Client understands that TritonFX does not permit client representative of TritonFX to manage NDD account. If the client’s account is traded without client’s permission, client must immediately inform such fact to TritonFX.
5.TritonFX’s gross profit, policy and policy of bans/clearing house that are performing trades may require to provide additional funds for the purpose of adding gross profit to client’s account. Client has obligation to pay such margin requirements immediately. If margin requirements do not satisfy such request, client shall settle position associated with loss resulted from such result. TritonFX reserves the right to request or refuse the acceptance order.
6.Client understands that any account held by TritonFX is not separate account and will not be handled as separate account.
7.Client understands the obligation to confirm statements relating to client’s trading that are publicized online by TritonFX. Unless client expresses objection within 24 hours from publication based on client’s agreement, any statements that are relating to performance and account are deemed as final determination.
8.Client establishes rules and condition including but not limited to rules relating to minimum account size, investment period, commissions and fees, rules relating to leverage, markup, stop loss and limit, rules relating to rollover, rules relating to margin call or any financial arrangement. Client approves that such rules and conditions may change by TritonFX from time to time.
9.Client agrees and approves that client reads this official account document and following agreement, understands its obligation and rights. Relationship between client and TritonFX shall be regulated and managed by this official document of account and following agreement. Client agrees to be fully liable for final decisions for trading made by client for client’s account. Client considers the cause of aforementioned and current and future estimated financial assets. Client is capable to presume equivalent financial risk of NDD trade and entirely liable for such. Client shall be familiar with any necessary information relating to foreign exchange and contract conditions before making any trading activity, considers any risk and coping method and client needs to fully understands such. This is client’s responsibility to be familiar with aforementioned before making any trades.
Agreement(Client)
TritonFX agrees to handle more than one account of signatory (“Client”) and provides client service relating to purchase and sale of currency in “Over-the-Counter” (hereinafter called, “NDD”). Client agrees as following in exchange for possible purchase and sale of service and product provided to client’s account from TritonFX at any time through TritonFX with its own discretion.
1. Conditions and Headline
1.The term “TritonFX” deems to include,Star Securities Global . its subsidiaries, its successor and its successor with rights. The term “client” means party (or parties) who execute relevant contract. Also the term “Agree” and “Agreement” include any agreement or approval relating to client’s account maintenance that is performed at any time. Headlines of each paragraph of this agreement are inserted as a matter of convenience. The term “such shall not limit possibility of application or affect any meanings of such provision” deems to include Star Securities Global, its subsidiaries, its successor and its successor with rights. The term “Client” means party (or parties) who executes contract. The term “Agree” or “Agreement” include any agreement or approval relating to client’s account maintenance with TritonFX that is executed by client at any time. Headlines of each paragraph for this contract are inserted as a matter of convenience and shall not limit possibility of application or affect any meanings of such clause.
2. Approval for Trade
1.TritonFX complies with instruction (order) by oral, written and computer from client in accordance with conditions of this agreement and appendix, and approves to purchase and sell NDD. It is client’s obligation to secretary hold password in order to make third parties non accessible to password, trading institution of TritonFX and facilities. Client agrees that client is liable for instruction to confirm client’s password and account number received electronically from TritonFX and it will be deemed to be approved by client for any electronic, oral or written (including but not limited to) instructions with TritonFX’s own discretion. If Client’s account is joint account, TritonFX approves to follow instruction made by others from joint account holders for processing trades made in the account and balance without verifying any of account holder in such account. TritonFX shall not be liable for any results from instructions received orally, written or on computer if client’s password and account number were confirmed. Client shall be liable for services used by relevant password and agrees to pay TritonFX, client himself/herself or third party any liabilities when loss or payable obligations incurred.
3. Regulation of Administrative Agency of Counterparty and Interbank
1.Any trade based on this contract complying with regulations and interpretations, bylaw, conditions, rules, common law, directions, and any other relevant acts of administrative agency of counterparty and executed other interbank market (include clearing organization if any). If it will be integrated with TritonFX in the future and has no coherence to rules herein and orders, rules and regulations established or adopted by related clearing institutions, contract market or governmental authorities, or rules established or adopted by above institutions herein deem to be modified or changed rules or terms. Other rules herein and modified or changed rules herein together remain fully effective. Client approves that any trading based on this agreement restricts aforesaid rules. Therefore client shall not have any rights contractually relating to such rules.
4. Necessary Condition of Gross Margin and Deposit
1.Client agrees to provide TritonFX gross margin based on required amount and formed by TritonFX and to maintain such together with TritonFX’s own discretion. Such margin requirement may be higher or lower from the amount that is required by bank of counter party. TritonFX can change margin requirement at any time. Client agrees that client makes deposit by money transfer immediately or any other settlement method approved by TritonFX to satisfy any margin call designated by TritonFX with TritonFX’s own discretion if SSG requires clients to add margin gross. TritonFX may settle client’s account at any time. Even if TritonFX does not exercise any other clause herein, it does not deemed to destruct rights that exercise applicable clause and so are further rights that exercise any other clause. TritonFX reserves the right to limit amount of position obtained or maintained, or total number with TritonFX with clients. Further TritonFX reserves the right to increase margin requirements at any time prior to profit, other news or events or retroactively to such events without presence of correspondence to clients with TritonFX’s own discretion. TritonFX may follow client’s oral, written instruction or instruction made by computer by clients with TritonFX’s own discretion if TritonFX approves such instructions made. TritonFX reserves the right to accept or refuse any instructions or orders made. TritonFX shall not be liable for any loss and damage based on acts and omissions and events that are beyond TritonFX’s control including loss and damage incurred from results of incorrect information and delay in order and communication based on communication institution and communication directly or indirectly regardless of being out of service and malfunction. Despite of instructions made by clients to sell gross margin, securities, contracts and other assets, TritonFX may borrow or purchase any gross margin, securities, contracts and other assets depending on the situation and clients may hold TritonFX harmless and guarantee TritonFX from any responsibility and loss for any liabilities, demands, loss, damage, cost or attorney fee necessary for TritonFX if clients failed to deliver such or if TritonFX failed to deliver buyer gross margin, securities, contracts and other assets.
5. Rollover and Delivery
1.For purchase and sale of currency through NDD account, client may submit TritonFX instruction of delivery, offset or rollover for currency position. TritonFX is approved to deliver, rollover or offset entire or part of currency position in NDD account of client’s with its own discretion even when it is client’s risk. Client’s account may be charged with commission or interest in case of rollover or offset of currency position.
6. Securities and Financing Agreement
1.Any funds, credit, currency or other assets that may be performed based on this agreement for any purpose including safekeeping or held by TritonFX and its affiliate at any time and under aforesaid management and may held by TritonFX and its affiliate (individually or jointly, or as the guarantor of other’s account) at any time shall have no relation to the number of account held by client with TritonFX and such may be under the control of TritonFX as credit based on rights relating to set off client’s liability and preferential right with or without existing trade relating to such credit, products, currency or other assets. TritonFX may move or use client’s any asset or other asset between client’s account and other client’s account at any time without informing client with TritonFX’s own discretion. Client provides TritonFX he right to invest, finance, contract securities contract, pledge or repledge any asset of client and other asset under management of TritonFX as gross margin or asset or together or separately perform aforesaid to other client’s asset to others or TritonFX as TritonFX is the intermediary. TritonFX does not deliver client same asset purchased or delivered in client’s account in any way. Unless client liquidates all the account or if there is no termination notice from TritonFX headquarter, such right applies to any account managed by TritonFX for its client Even if TritonFX does not perform any power herein, it deems that the right to perform required power is not terminated and thereafter. TritonFX is appointed as legal representative of client as a matter of fact and it is impossible to terminate such. If TritonFX concludes that it is necessary or valuable to guarantee or protect TritonFX’s profit relating to any securities, TritonFX may create or perform any documents or reports without any notification to the client and is provided right to take measure or perform to declare, deliver, perform or execute account statement. If client cannot satisfy obligation relating to liability and other obligation which include obligation that satisfies gross margin based on aforesaid article 4 upon securities deems to be receivable by TritonFX, Client shall pay required outstanding amount immediately.
7. Liquidation of Account and Payment of Deficit Balance
1.Following action may be taken entirely or partially with TritonFX’s own discretion if declaration of incapability relating to client were made by court or client passed away, if client declare bankruptcy, if client declared bankruptcy or processed similar process or relating process by client, if client declare determination of security interest relating to client’s account managed by TritonFX, if TritonFX determine that deposited security interest without relating to current market quotation, is not inadequate or unsuitable to hold an account in order to hold one or more account or if client cannot submit any necessary information subject to this agreement under any circumstances or any development or process deemed necessary in order to defense itself. TritonFX satisfy client’s liability relating to TritonFX from client’s funds managed by TritonFX based on contract of guarantee of guarantor directly. TritonFX may sell or purchase all or partial security or currency contract that are managed by us and cancel any deal of obligation done on behalf of clients, unprocessed order and contract. Notwithstanding the proprietorship of profit held by client individually or shared with others, TritonFX may deal with aforementioned to clients, client’s personal agents, successor, executors, custodian, trustee or transferee without notification of purchase, sale or others, and without request of gross margin or additional gross margin. Prior to purchase or sale, whether there is notification request, it is deemed to be annulment of rights of TritonFX for purchase and sale in the future without notification at any time. For the settlement of long or short position of client’s, TritonFX may offset such position under the same settlement or may start new long or short position in order to establish insurance with TritonFX’s own discretion. TritonFX may consider existing position in client’s account desirable to maintain or decrease with TritonFX’s own discretion. Any purchase or sale made on interbank or any other business that is made in exchange market, auction or relative trade usually based on this agreement may be performed with TritonFX’s own discretion and decision. TritonFX may purchase such partially or entirely and shall not be binded by any rights of repurchase.
8. Fee
1.Client shall pay service fee, interest expense and brokerage fee incur when TritonFX provides services in accordance with actual fee schedule of TritonFX based on this agreement. TritonFX may charge adjunctive cost including electronic transfer fee for returned checks and electronic transfer fees to deposit and withdrawal relating to banks. TritonFX reserves the right to alter fee structure at any time without notification. Fees includes statement fee which incurs from TritonFX providing service, cancellation fee, transfer fee, telephone order fee and fees imposed by any interbank agency, banks, markets, regulatory authorities, self-regulatory authorities based on this agreement. Client pays additional fees as option when client purchases request with added value.
9. Statement and Confirmation Note
1.Unless opposition was put up online within 24 hours, account statement, letter of intent for settlement and order and report shall deemed to be correct and final and such shall bind clients. If opposition was not put up, client is deemed to be approved any disposition made by S TritonFX or TritonFX’s agent in prior to receipt of aforementioned report by clients.
10. Communications
1.Any communicated contents for report, statement, notification and others will be posted on the internet. Such will be sent to E-mail address which can be designated by notification in writing or electronic notification to TritonFX at any time.
11. Exchange Rate Fluctuation Risk
1.If clients lead TritonFX to join forex trade, any loss or profit incurred from result of fluctuation in exchange rate that affect such exchange are considered as entirely client’s risk and its account. Deposit made initially and afterwards for gross margin needs to be performed by US dollar based on designated amount with TritonFX’s own discretion. TritonFX reserves right to exchange from foreign currency to foreign currency based on the rate of general financial market for gross margin of client’s account with TritonFX’s own discretion.
12. Responsibility of TritonFX
1.TritonFX shall not be liable for delay in sending orders based on communication system, transmission system, blackout or any cause exceeding expectation and management of TritonFX. In addition, Orders execute necessary margin requirements and shall include enough time to calculate such. Unless defined in this agreement, TritonFX’s trading platform or any service provided are not provided as it is without any type of warranty or indication. TritonFX shall not warrant use of TritonFX’s trading platform or provided service without error free or interruption. TritonFX shall not be liable for loss based on failure of appointed people or agents by TritonFX based on this agreement. TritonFX shall not be liable for loss or damage incurred from the result of use of TritonFX service or trading platform. Whether TritonFX received or not received warnings relating to possible loss, TritonFX shall not be liable for inevitable, special, incidental, punitive, indirect or direct obstruction based on use or failure in use of service or TritonFX’s platform including but not limited to inevitable, special, indirect or direct obstruction, cost of procurement of substitute, theft or destruction of relating program and information, data file, computer system or client’s computer system, modification, illegal access, loss or use of data, trading loss, loss incurring from trade, profit loss which incurred in any way based on any liability legal principle under any circumstances. Client understands that clause 11 means suitable risk distribution which is necessary factor in this agreement and there will be considerable difference with or without clause 11. This regulation will be applied whether TritonFX receive advice regarding to possible loss or declared liability based on contract, illegal act, negligence, strict responsibility or other reason. TritonFX shall have no obligation and shall not be liable to indemnify client’s trade or data destroyed or unusable data in any form. Regulation relating such liability shall discharge of TritonFX’s responsibility relating to phenomenon or event which is not manageable by TritonFX, issue relating to internet, destruction or loss of trade or data by client based on third party’s software or networking service or unusable data. TritonFX shall not be liable for liabilities caused from problems incurred from internet connection, fault in internet security or related for whatever reason. As NDD is not exchange market trade, trade or rate that puts buy or sell order by TritonFX may not similar to trade or rate that puts buys/sell order necessarily by other market maker of NDD. TritonFX shall not be liable for error in account balance based on such if incorrect external data feed or communication line which are provided by third party, incorrect nominal price based on malfunction of software or hardware, incorrect nominal price by dealer, nominal price that does not equivalent to official market price or mistyping of nominal price including but not limited to error in nominal price or execution error incurs. Internet, delay in connection, price quotation or error occasionally cause situation where shown price does not reflect market price. The conception of using delay in internet speed, “scalping” or arbitrage trading does not exist in NDD market that performs direct purchase or sale from market maker by client. TritonFX does not permit execution of arbitrage trading on platform. TritonFX forbids any market manipulation relating to platform, execution and its price. TritonFX investigates any account with suspicion of manipulation and reserves the right to hold any funds incurred from suspicious act. Foregoing list is not comprehensive and TritonFX reserves the right to adjust or modify relating accounts as needed if error of arbitrage trading strategy, operation, price quotation and execution occurs. TritonFX makes final decision and solves any price quotation and objection caused by execution error or forbidden activity with TritonFX’s complete discretion.
13. Recommendation for Trade
1.TritonFX does shall not guarantee or make petition relating to recommendation provided to clients or integrity or accuracy of information. TritonFX shall not be liable for such. Client approves that information provided by TritonFX to client and market condition of TritonFX, its officer, director, affiliate, provider, shareholder and representative may not match and Ulu TritonFX tia, its officer, director, affiliate, provider, shareholder and representative possibly have intention to be in the position to sell or purchase currency for the recommendation provided by the client. Client approves that TritonFX does not make petition relating to any deal made for contract or tax implication. Client approves that TritonFX shall not be liable to consider for client’s option relating to TritonFX’s representative and has no obligation to provide recommendation relating to such if client gives third party (“Representative for trading”) right to trade voluntary or in any other form. TritonFX does not approve or permit significantly or contrary in trading method by its representative. TritonFX shall not be liable for loss caused by client from process made or step used by its representative and client approves not to guarantee or complain against TritonFX’s representative. Even if client grants client’s representative right to execute right relating to client’s account, client shall be liable to such.
14. Approval of Risks
1.Client approves that any trade relating to investment with or without existence of leverage involves high risk and is speculative. Client also approves that person who is appropriate to make investment is the person who is capable to be liable for risk of loss for savings. Client understands that he/she has a possibility of considerable loss from the price change in NDD due to narrow margin of profit which is unavoidable in NDD trade. Client guarantees that client holds TritonFX harmless from the loss which client suffered when client followed advice or recommendation of TritonFX, TritonFX’s representative or its employee for consideration of managing client’s account. Client guarantees to be liable voluntary and financially in any way for the risk in NDD trade. Client approves that it is impossible tendency in NDD trade that guarantee or loss of profit is zero. Client approves that client is guaranteed from any business entities, agents, TritonFX’s representatives or TritonFX that handle client’s TritonFX account which is not concluded in this agreement or depending on such. Extremely high risk of leverage in foreign exchange trading other than exchange has possibility of unfavorable or favorable effect. Leverage has possibility to bring not only large profit and also large loss. It is difficult to execute orders and may impossible to do such when it radically fluctuates.
15. Islamic Account
1.Islamic account (premium, rollover or account which interest rate does not get fixed from the account) is prohibited for receiving interest or making payments due to religious reason. Such strictly prohibits misusing or using profit in any way. If such profit deems to be misused, TritonFX reserves the right to remove aforesaid profit or trade, adjust account balance and take any actions with its own discretion at all times.
16. Representation and Guarantee of Client
1.If client is natural person, client has sound consciousness, is legal age and has proper authority. If client is not natural person, client properly established and exist based on right of applicable law of organization. Execution and performance of this agreement, intended any trade based on this agreement or execution of intended obligation based on this agreement are approved properly by client and any intended trade based on this agreement on behalf of client or any person who execute or perform any intended trade or this agreement on behalf of client represents and guarantees that it is approved by client. Anyone other than client does not have interest in client’s account currently or in the future and may not give anyone preferential right to the account with TritonFX without prior approval in writing by TritonFX. Client has beneficiary ownership entirely for any securities and does not give anyone preferential right of securities without prior approval from TritonFX’s document based on this agreement except if preferential right is approved by TritonFX. Client is suitable to NDD trading with or without contrary determination incurred concerning the result, is suitable for NDD trading and it is either institutional investor or institution’s client. Client is not certified office of insurance company, trust, bank, foreign exchange, firm which holds big part of exchange’s employee or asset or employee of any trading company. If client becomes such employee, client needs to immediately inform TritonFX’s headquarter such in writing. To create or perform any documents, notification, filing or protect profit relating to any securities of TritonFX, client shall manage that deems to be necessary to prove or to complete any preferential right (interest in the annuities) for TritonFX with its own discretion. Client reads and understands TritonFX’s privacy policy and risk disclosure including but not limited to articles herein and if there are any amendment made herein, client shall confirm from time to time. Unless client understands this agreement, client shall not influence or relate itself to any trades and client deems to be read and understood this agreement if client were involved or influenced trade. Client agrees to follow any regulation, rule or applicable law and shall follow such. Client agrees that any intended trade based on this agreement, performing any intended obligation based on this agreement, any other intended trade based on this agreement or executing and performing this agreement by client shall not be opposed to any law, rule, regulation, act, license, by laws or any applicable policy to client. TritonFX prohibits client to use individual account for illegal activity.
17. Disclosure of Financial Information
1.Client represents and guarantees that financial information that is shown on client’s application form disclosed to TritonFX shows client’s current financial status correctly. Client carefully considers part of client’s asset which client deems as risk capital, represents to approve such and guarantees. Client approves that risk capital is the amount used for trade involving risk and such amount shall not have any influence on client’s life style resulting from loss incurred from such trade. Client agrees to report TritonFX immediately if any influence of decreasing client’s net assets, current assets or risk capital on client’s financial status incurs.
18. No Guarantee
1.Client approves that client does not enter into or hold individual contract or agreement including agreement relating to limitation of loss or guarantee of profit in client’s account with agents relating to client’s TritonFX account, TritonFX’s employee or client’s intermediary. Unless client delegates decisive power to other party by signing power of attorney for trading book, clients shall approve any trade before performing such and any dubious trade in question need to be reported to TritonFX’s compliance officer based on essential condition of notification herein. Client indemnifies any liabilities incurred due to not reporting compliance officer any events described herein and agree to hold TritonFX harmless from any damages. Any report indicated or necessary in this section needs to be sent to TritonFX headquarter.
19. Joint Account
1.Each lessee reserves the right to a) follow terms and condition of TritonFX and applicable law, and perform trade made in accounts, b) receive any communication relating to accounts, c) receive currency to withdraw currency from accounts, d) perform contract (agreement) relating to accounts or e) take any action necessary relating to TritonFX. TritonFX reserves the right to request parties of the account joint action for matters relating to the account. TritonFX reserves the proprietorship of securities of accounts jointly or individually. If one or more lessee dies, TritonFX needs to be notified by documents that confirm death certificate and in writing. Cost of scheduled payment on notice date may be charged to the account. Any lessee presumes that joint account is equally shared until valid notice in writing is provided.
20. Disclosure of Client’s Information
1.TritonFX does not provide or sell third party information of clients or future clients. However TritonFX’s employee, agent, joint investor and business partner who are necessary in usual business routine including but not limited to bank transaction or credit relation may provide necessary based on TritonFX’s privacy policy for personal information. TritonFX follows such request if summon order, court order, federal regulatory agency or law enforcement authority request to disclose client and client’s account information. TritonFX provides third party information in unspecific statistical information form.
21. Intermediary
1.Client understands and approves that client may indemnify transfer from TritonFX to intermediary or to client if client’s account was transferred to TritonFX by intermediary. Such indemnification is related to one trade or the other. Following is allocation of responsibility and obligation relating to each entity. This is general disclosure and does not enumerate any limited liability and obligation. It does not consist of possibility of obligation and responsibility between intermediary and TritonFX to be redistributed or changed.
22. Binding Effect
1.This agreement is continuous regardless of changes made in TritonFX’s affiliate, its successor and its successor of right or TritonFX’s employee, and includes accounts opened or re-opened account as individual or group. This agreement includes any rights and comes into force for the profit of TritonFX, its successor and approval of rights by merger, consolidation or other means. This agreement binds client, client’s successor and approval of rights, custodian, administrator, trustee, executor and estate. Client approves that any trades formed with TritonFX prior to agreement date of this agreement and client’s right and obligation based on this agreement are managed by this agreement.
23. Termination
1. This agreement(“Agreement”) is valid until the termination of such agreement. Client may only terminate this agreement if client do not hold any liabilities or position, and if termination notice three (3) days prior to termination date is approved by headquarter of TritonFX. After such termination, client shall fulfill its obligation relating to any trade executed previously and loss and obligation enacted in this agreement only if TritonFX informed client to take responsibility together with termination notice.
24. Confidentiality and Intellectual Property Rights
1.Proprietorship relating to copyright, trademark, trade secret, intellectual property right and any content and related material of entire website of TritonFX (hereinafter called “TritonFX IP”) is only exclusive possession of TritonFX at any time and client shall not have any rights towards TritonFX IP except for rights to access and use TritonFX IP based on this agreement. Client approves that TritonFX IP is confidential and developed over consumption of serious expenses, efforts, time and techniques of TritonFX. Client shall hold TritonFX IP confidential and forbid any third parties to access website. Client cannot provide, negotiate or publish information relating to TritonFX IP in any way. Client cannot create, dismantle and copy, de-edit or modify derivative from TritonFX IP or its function.
25. Indemnification
1.Client indemnifies TritonFX any expense, loss, damage and liability including TritonFX’s attorney’s fee based on the fact that client’s representation and guarantee differ from the fact and client agrees to keep TritonFX harmless from aforesaid. Client also agrees to pay any cost and damage including attorney’s fee incurred to execute any agreement and clause from this agreement between TritonFX and client immediately. In addition to any limitation relating to liabilities agreed upon herein, TritonFX shall not be liable for any claims damage or liabilities incurred if any claim or damage resulted in client’s action, action and omission or forged signature on documents, this agreement or any communication made relating to client’s account, forged or illegal signature, malfunction of the system, failure with facility (if the system is not client’s or TritonFX’s), system fault, delay, error and failure incurred from execution of instructions or receipt of incorrect or incomplete instruction made by clients.
26. Records
1.Client agrees and approves that the conversation relating to client’s account with TritonFX may electronically recorded with or without automated tone warning device. Further client agrees that such communication record and record may be used by party relating to claims or disputes relating TritonFX or client as a proof. Client understands and accepts that TritonFX destroys such recorded records periodically following process of established business.
27. Amendment of Waiver
1.Client understands, approves and agrees that TritonFX may modify or change this agreement at any time. TritonFX notifies client such amendment or change via E-mail or posting on its website. Client agrees to follow condition of such amendment or change within 10 days from the amendment or change on its website or before the date any order other than settlement is established. Client agrees to settle position and make instruction to TritonFX regarding to process of assets in client’s account within 10 business days from notification of amendment or change is posted. If TritonFX or TritonFX’s representative cannot perform to assert its rights based on this agreement, waiver or amendment herein in suggestion will not be guaranteed in trading process of parties. Verbal agreement or opposed instruction may not be approved and is impossible to execute. This legal document and attachment herein do not externalize party’s agreement and it prioritizes any documents from the past or explicitly or implicitly agreed matters verbally.
28. Online Account Statement and Trade Confirmation Note
1.Client hereby approves to receive account statement and trade confirmation online. TritonFX proves client access protected by password relating to online report. Client may generate account statement which specifies credit and liability, gross margin, balance, position, statement of profit and loss and trading records daily, monthly or yearly. Providing hard copy of monthly statement shall pay additional fee when such is requested. Client deems to be not received statement even client access to the statement unless TritonFX makes statement available to client. If client change his/her E-mail address, client is liable to inform TritonFX such immediately. This agreement is valid until written notice by client is accepted by TritonFX based on article 10 herein.
29. Tax
1.Client approves, understands and agrees that TritonFX generally does not levy taxes in any method for any authority. Without limiting aforementioned, it is client’s obligation to calculate by itself and pay such for taxes incurred by using TritonFX’s service based on administration of its country. Without limiting obligation to pay taxes individually by client, client agrees that TritonFX may deduct taxes incurred from trading with TritonFX when TritonFX request client for applicable law (TritonFX reserves the right but it is not deemed as obligation). Client approves that amount withdrew from client’s account by client is “gross amount” and client agrees not to make any request for such reduction by TritonFX if taxes are deducted from such gross profit by TritonFX.
30. Legal Restriction
1. Without limiting aforementioned, client understands that law relating to financial agreement differ in each country and what guarantees to entirely follow official order, regulation and law relating to administration in its country when client uses website is client’s individual obligation. Even if it is accessible to TritonFX’s website, it does not always mean that TritonFX’s service or client’s usage is not legal based on regulations, rules and law in its country. This site does not constituted for the purpose of request and solicitation of others who deemed illegal or request and solicitation to perform under the authority which does not permit request or solicitation and will not be used for such. Accessing this website or requesting financial agreement through this website is limited by specified authority. User needs to be familiar with such authority.
31. Declaration
1. Client declares that currency invested into its TritonFX account is not profit from drug trafficking, kidnapping or any other serious crime.
32. Account Process
1.Client approves that financial institutions acquire, confirm and record information to prove identification of each person who opens account in accordance with applicable law. Client also approves that client needs to prove TritonFX information and documents to prove its identification. Client approves to submit true and correct current information in the process. Client approves that client does not impersonate him/herself, inform incorrect association information with unions, business entities and others, use false header or hide its identification to TritonFX for whatsoever purposes.
33. Withdrawal and Deposit Process
Further client approves the process relating to withdrawal and deposit with TritonFX account as explained below:
1.Regulation relating to withdrawal - Requiring submission of proof documents from AML (anti-money laundering), credit card company or TritonFX is necessary condition that is priotized to rules relating to withdrawal.
2.Funds will be refunded to the same credit card complying with rules of Credit Card Company if the client makes deposit or withdrawal through credit card. If initial deposit was made by credit card or if the withdrawal was made to the bank account, funds will be refunded to credit card or bank account with TritonFX’s own discretion. Withdrawal of funds to bank account may take more time due to additional security processes.
3.Discrepancies in deposited amount - If client selects currencies other than US dollar as account standard currency, conversion fee may be added in addition to fee charged by credit card company. Therefore the amount differ from deposited amount by the standard currency which was initially set up may be charged. Client approves the difference in such deposited amount and charged amount and client hereby assures not to make objections or ask for such difference.
4.If client makes deposit by bank wire, client may only use bank in residential country and only one bank account under the name of the client obliged by anti-money laundering. Client shall provide TritonFX genuine SWIFT (Society for Worldwide Interbank Financial Telecommunication) confirmation statement which can confirm the source of funds. If client cannot provide SWIFT, deposited funds may be returned to client’s account to prevent such unsettled funds to be deposited. Any withdrawal made from TritonFX account to bank account may be only performed to original account which was used for depositing funds.
5.Other means of settlement (internet settlement vendor and transfer service etc) - If client uses credit card or institutions other than bank to deposit funds, client approves and agrees to follow rules of settlement service including but not limited to restrictions and fees. TritonFX may make withdrawal from different institution from settlement service used for deposit following anti-money laundering. *If deposited fund was withdrew (or concluded) right after such deposit was made, 5% of withdrawal fee may be added (less than standard value of 5 lots).
34. Application of Penal Regulations of Crime of Perjury
Based on conditions that will apply penal regulations of crime of perjury, client will act as followings:
1.(1) Information provided in application forms by client is correct information;
2.(2) Client hereby certifies that the account held by client and receipt of benefit by client is not for exemption from backup withholding in 3406 (A)(1)(c) of regulations of Internal Revenue Service.
35. Approval of Electronic Signature
1.Client approves that client deemed to be accepted risk disclosure of commodity futures trading commission and any other documents included in TritonFX electronic account opening package. Client also agrees to follow such rules and terms and conditions. Further, Client approves that TritonFX manages electronic record of client’s trade and account and client accepts such if client signs account agreement and any related documents.
36. Site purpose
1.The site of this TritonFX turns into a site which is performing account establishment introduction of the FOREX service which TritonFX provides.
37. Customer data
1. TritonFX is performing management of customer data severely.
38. Entire Agreement
1.This agreement and the customer account application form are constructed the complete mutual agreement between TritonFX and the customer, and give priority over all past agreement according to the document or oral, the negotiations, promises, and the declaration matters.
Client approves that client receives, reads and understands aforesaid official document of account and client agreement. Client also agrees to follow any regulations, terms and conditions and rules herein.