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Agreement for the Provision of Investment Services, Activities, and Ancillary Services to a Retail Client

This Agreement is entered into by and between:

The Fair way Traders Corporation Web Site is comprised of various Webpages operated by Fair Way Traders. The Fair way trader WebSite is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Fair way Traders WebSite constitutes your agreement to all such terms, conditions, andnotices.

Traders

The Company will provide the Investment and Ancillary Services covered by this Agreement to the Client, through its online electronic system (hereinafter called the “Trading Platform”).
The Company will offer Services to the Client at the absolute discretion of the Company subject to the provisions of section 7 below.

The Company offers its Services solely to Clients who are residents of the countries listed in section 2 “Provision of Services - List of Countries” of the present Agreement.
The Client confirms that he/she has read, understood and accepted all information, conditions and terms set out on the Company’s website fairwaystraders.com (hereinafter referred to as the “Website”), including the ‘Client Categorisation’, ‘Complaints & Grievances Policy’, ‘Investor Compensation Fund’ and ‘Fees Page’ and Privacy Policy, copies of which have been provided to the Client and/or are available to be reviewed and examined by the public and which include important legal Information.

The Company reserves the right to register and operate other website(s) for identifying suitable opportunities and creating consumer interest and awareness towards the Services to specific countries, which contain information and disclosures to the Clients and prospective clients in a foreign language.
The Company may provide all company documents in languages other than English for informational purposes only. Any translations provided do not bind the Company legally and the Company is not responsible for the accuracy of the information therein. The Client should also refer to the Website in English for information on the Company and its policies.

By accepting this Agreement, the Client agrees and accepts the terms and conditions contained in the Agreement, its Annexes and/or Appendices as well as other documentation/information on the Website, in addition to the following documents ‘Conflict of Interest Policy’, ‘Order Execution Policy’, ‘Risk Disclosure’ and acknowledge receipt and disclosure of our Privacy Policy. The Client accepts this Agreement by registering a Trading Account on the Website and depositing funds. By accepting the Agreement and subject to the Company’s final approval, the Client enters into a legal and binding agreement with the Company. **However, the Client agrees and understands that he/she has entered into a business relationship with the Company and/or the business relationship has been established between the Client and the Company when the Client deposits funds into his/her trading account and where the Client has fully and successfully verified his/her trading account by providing the verification documents listed herein in Section 3 “Application, Registration, and Verification” and such verification documents have been approved by the Company.

The terms of this Agreement shall be considered accepted unconditionally by the Client upon the Company’s receipt of an advance payment made by the Client in accordance with this Agreement. As soon as the Company receives the Client's advance payment, every operation made by the Client on the Trading Platform shall be subject to the terms of this Agreement and other documentation/information on the Website. Subject to the Company’s final approval and upon the Client funding his account, the Client enters into a legal and binding contract with the Company.

 

1. Interpretation of Terms

    1. In this Agreement, except where the context otherwise requires, the following terms shall have the following meaning:
      • “Agreement” means the present Agreement including any Annexes and/or Appendices attached herein as this may, from time to time, be amended or replaced.
      • “Appendix” means the Appendices of the Agreement as these may, from time to time be amended or replaced, which constitute an integral part of this Agreement.
      • “Annex” means the Annexes of the Agreement as these may, from time to time be amended or replaced, which constitute an integral part of this Agreement.
      • “Ask” means the higher price in a quote. The price the Client may buy at.
      • “Bid” means the lower price in a quote. The price the Client may sell at.
      • “Client” means a natural person, accepted by the Company as its Client to whom Services will be provided by the Company under the Terms of the present agreement. The Company only accepts natural persons as Clients who reside in the countries listed in section 2 “Provision of Services - List of Countries” of the present Agreement.
      • “CFD (contract for difference)” means a tradeable contract entered into between the Client and the Company, who exchange the difference in the value of an Instrument, as specified on the Trading Platform at the time of opening a Transaction, and the value of that Instrument at the contract’s end.
      • “Digital Option Contract (DOC)” means a type of derivative instrument where the Client earns a payout if he correctly predicts the price movement of the underlying asset at the time of the option’s expiry. The prediction can be made as to whether the value of the underlying asset will fall above or below the strike price at time of expiration. Should the option expire at the selected strike price, it will be considered to expire out-of-the money and will result in the loss of the invested amount.
      • “Durable Medium” means any instrument, which enables the Client to store information addressed personally to the Client, in a way accessible for future reference and for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.
      • “Exchange” means any Regulated Market.
      • “Execution” means the execution of Client order(s) by the Company acting as the Client's counterparty as per the terms of the present agreement.
      • “Equity” means the balance plus/minus any profit/loss that derives from any open positions.
      • “Financial Instruments” means the Financial Instruments as per paragraph 2.3 below that are available on the Company’s Trading Platform.
      • “GDPR” means Regulation (EU) 2016/679 of The European Parliament And of The Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
      • “Investor Compensation Fund” (ICF) means the fund of clients of CIFs, who are fund members, established pursuant to article 59(1) and (2) of the Law, and whose powers and functions are regulated by the provisions of the Law and this Directive DI144-2007-15 of 2015 of the CySEC.
      • “KYC documents” means the documents of the Client that include, inter alia, the passport or ID and utility bill of the Client and/or any personal data requested during the verification/registration process i.e data in relation to the Appropriateness Assessment and Economic Profile Questionnaire.
      • “Law” means the Investment Services and Activities and Regulated Markets Law of 2017 (Law 87(I)/2017) as this may, from time to time be amended or replaced.
      • “Margin” means the required funds available in the trading account for the purposes of maintaining an open position.
      • “Margin Level” means the minimum amount of equity a client needs to maintain an open position which is calculated as Equity/Margin.
      • “Initial margin” means any payment for the purpose of entering into a CFD, excluding commission, transaction fees and any other related costs; initial margin is to be calculated based on the exposure provided by the ultimate underlying of a CFD.
      • “Market” means the market on which the Financial Instruments are subject to and/or traded on, whether this market is organized / regulated or not and whether it is in Cyprus or abroad.
      • “Market Maker” means a company which provides BID and ASK prices for financial instruments.
      • “Operating (Trading) Time” means the period of time within a calendar week, where the trading terminal or platform of the Company provides the opportunity of trading operations. The Company reserves the right to alter this period of time as it deems fit, upon notification to the Client.
      • “Retail Client” means a Client who is not a “Professional Client” or an “Eligible Counterparty” under the meaning of the EU Markets in Financial Instruments Directive (hereinafter - “MiFID II”) and in accordance to the Investment Services and Activities and Regulated Markets Law of 2007.
      • “Over-the-Counter (OTC)” means off-exchange trading i.e. the Financial Instruments offered by the Company are executed outside of a regulated exchange or Trading Venue.
      • “Parties” means the two parties to the Agreement i.e. the Company and the Client.
      • “Password” means the password chosen, at the request of the Company, by the Client for accessing the Company’s Trading Platform.
      • “Prices” means the prices offered to the Client for each transaction which may be changed without prior notice. Where this is relevant, the “Prices” given through the Trading Platform include the Spread (see definition below).
      • “Services” means the services provided by the Company under this Agreement as defined in paragraph 2 to the Client through the Trading Platform.
      • “Spread” means the difference between the purchase price Ask (rate) and the sale price Bid (rate) at the same moment. For avoidance of doubt, a predefined spread is for the purposes of this Agreement assimilated commission.
      • “Transaction” means the opening or closing of any offer to either Buy or Sell a Financial Instrument effected in the Client’s Trading account. The Company executes Clients’ orders as the principal to the transaction, and is always the counterparty in the transaction.
      • “Trading Account” means unique personified register (account) of all the transactions/ operations on the trading platform of the Company.
      • “Trading Platform” means all programs and technology that present quotes in real-time, allow the placement/modification/deletion of orders and calculate all mutual obligations of the Client and the Company.
      • “Username” means the username chosen, at the request of the Company, by the user for accessing the Company’s Trading Platform.
      • “FATCA” means a United States federal law full name of which is The Foreign Account Tax Compliance Act.
      • “US Reportable Person” – for the purposes of this Agreement means, a US Reportable person who, in accordance with FATCA provisions, are defined as follows:
        1. US citizen (including dual citizen)
        2. a US resident alien for tax purposes
        3. a domestic partnership
        4. a domestic corporation
        5. any estate other than a foreign estate
        6. any trust if:
          1. a court within the United States is able to exercise primary supervision over the administration of the trust
          2. one or more United States persons have the authority to control all substantial decisions of the trust
        7. any other person that is not a foreign person.
    2. Any term used in this Agreement and not otherwise interpreted, shall have the meaning attributed thereto in the Law and/or any EU Directive.
    3. Headings of the paragraphs shall be used solely for ease of reference and shall not affect the contents and interpretation of the Agreement.
    4. Unless the context otherwise requires, reference to persons shall also include legal persons, the singular shall include the plural and vice-versa and either gender shall include the other.
    5. Reference to any agreement (including without limitation, this Agreement) or to any other document, shall be deemed to include references to them as these may from time to time be amended, expanded or replaced and to all agreements and documents, which are declared to be supplementary to them or are attached thereto.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

 

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