Terms and Conditions

Retail Client Agreement

Note: The English version of this agreement is the governing version and shall prevail whenever there is any discrepancy between the English version and the other versions.

This client agreement, together with any Schedule(s), and accompanying documents, as amended from time to time, (hereafter the “Agreement”) sets out the terms of the contract between you, the customer (also referred to as the “client”), and us, the Company. By signing this agreement, it is assured that you have read, understood, and agree with all the terms of this Agreement.

Definitions and Interpretation

  • Introduction
  • General
  • Regulation
  • Costs, Payments and Charges
  • Right to Cancel
  • Non-Advised
  • Customer Accounts and Initial Deposits
  • Trading Policies and Procedures
  • Third Party Services
  • Electronic Trading Terms
  • Margining Arrangements
  • Client Funds
  • Representations, Warranties and Covenants
  • Event of Default
  • Netting
  • Rights on Default
  • Termination without Default
  • Recordings, Record-Keeping and Monitoring of Communication
  • Exclusions, Limitations and Indemnity
  • Miscellaneous
  • Governing Law and Jurisdiction
  • Promotional Terms
  • FATCA
  • Schedule 1 – Interest Policy

1. DEFINITIONS AND INTERPRETATION

In this Agreement:

  • “Account” means the trading account you hold with us and designated with a unique account number.
  • “Agreement” means these Terms and Conditions for the Services offered by the Company.
  • “Applicable Regulations” means the Seychelles Securities Act 2007; and all other applicable laws, rules, and regulations as in force from time to time.
  • “Associate” means an undertaking in the same group as us, a representative whom we appoint or an undertaking in the same group as us, or any other person with whom we have a relationship that might reasonably be expected to give rise to a community of interest between us and them.
  • “Base Currency” means US Dollars.
  • “Balance” means the sum held on behalf of the Customer in its Account within any period of time.
  • “Bank Account Details” means the details of your bank account in which Trade Capital Fx will credit the amount of profits withdrawn and/or any amount from a withdrawal request and/or any funds remaining in your trading account and/or any other amount of funds needed to be returned to you.
  • “Business Day” means a day which is not a Saturday or a Sunday or a public holiday in Seychelles and upon which banks are open for business in Seychelles.
  • “Close Position” means a deal of purchase (sale) covered by the opposite sale (purchase) of the contract.
  • “Contract for Differences” or “CFD” means any financial instrument that is available for trading through Trade Capital Fx’s trading platform(s).
  • “Credit Support Provider” means any person who has entered into any guarantee, hypothecation, agreement, margin, or security agreement in our favor in respect of your obligations under this Agreement.
  • “CRS” refers to the Common Reporting Standard (CRS) as developed by the Organization for Economic Co-operation and Development (OECD) for the Automatic Exchange of Financial Account Information which forms the legal basis for the exchange of data with regards to Tax matters.
  • “Electronic Services” means a service provided by us, for example, an Internet trading service offering clients access to information and trading facilities, via an internet service, a WAP service, and/or an electronic order routing system.
  • “Event of Default” means any of the events of default as listed in Clause 15.1 to Clause 15.9 of Clause 14.1 (Events of Default).
  • “Execution” means the completion of clients’ orders on the Company’s trading platform, where the Company acts as the Execution Venue to clients’ transactions.
  • “FATCA” is an abbreviation for Foreign Account Tax Compliance Act.
  • “FFI” is an abbreviation for Foreign Financial Institution.
  • “Financial Instruments” means any of the financial instruments offered by Trade Capital Fx and which are defined as such under applicable Law or Regulation. According to Trade Capital Fx’s license these are:
    1. Transferable Securities
    2. Money Market instruments
    3. Units in collective investment undertakings
    4. Options, futures, swaps, forward rate agreements, and any other derivative contracts relating to securities, currencies, interest rates or yields, or other derivatives instruments, financial indices or financial measures which may be settled physically or in cash.
    5. Options, futures, swaps, forward rate agreements, and any other derivative contracts relating to commodities that must be settled in cash or may be settled in cash at the option of one of the parties (otherwise than by reason of a default or other termination event).
    6. Options, futures, swaps, and any other derivative contract relating to commodities that can be physically settled provided that they are traded on a regulated market or an MTF.
    7. Options, futures, swaps, forwards, and any other derivative contracts relating to commodities, that can be physically settled not otherwise mentioned in point (vi) above and not being for commercial purposes, which have the characteristics of other derivative financial instruments, having regard to whether, inter alia, they are cleared and settled through recognized clearing houses or are subject to regular margin calls.
    8. Derivative instruments for the transfer of credit risk.
    9. Financial contracts for differences.
    10. Options, futures, swaps, forward rate agreements, and any other derivative contracts relating to climatic variables, freight rates, emission allowances or inflation rates, or other official economic statistics that must be settled in cash or may be settled in cash at the option of one of the parties (otherwise than by reason of a default or other termination event), as well as any other derivative contract relating to assets, rights, obligations, indices, and measures not otherwise mentioned in this Part, which have the characteristics of other derivative financial instruments, having regard to whether, inter alia, they are traded on a regulated market or an MTF, are cleared and settled through recognized clearing houses or are subject to regular margin calls.
  • “FSA” is an abbreviation for Financial Services Authority Seychelles.
  • “FX Contract” means a contract between Trade Capital Fx and its Client to exchange two currencies at an agreed exchange rate.
  • “Order” means the request/instruction given by the Customer to the Company in the Customer’s Account.
  • “OTC” means ‘over the counter’ and refers to transactions conducted otherwise than on an exchange.
  • “Trade Capital Fx Trading Desk” means the trading desk operated by us at our premises at the Headquarters of Trade Capital Fx in Suite 3, Global Village, Jivan’s Complex, Mont Fleuri, Mahe, Seychelles.
  • “Trade Capital Fx Online Trading System” means the internet-based trading system available at our website that allows you to provide us with instructions.
  • “US Reportable Persons” – In accordance with FATCA, a US Reportable person is:
    • a US citizen (including dual citizen);
    • a US resident alien for tax purposes;
    • a domestic partnership;
    • a domestic corporation;
    • any estate other than a foreign estate;
    • any trust if:
      • a court within the United States is able to exercise primary supervision over the administration of the trust;
      • one or more United States persons have the authority to control all substantial decisions of the trust;
    • any other person that is not a foreign person.
  • “Secured Obligations” means the net obligation owed by you to us after the application of set-off under clause 13 (Clients Funds) in the paragraph entitled (Set-off on default).
  • “Services” means the investment services which will be provided by the Company to the customers and are governed by this Agreement as these are described herein.
  • “System” means all computer hardware and software, equipment, network facilities, and other resources and facilities needed to enable you to use an Electronic Service.
  • “Transaction” means any type of transaction subject to this Agreement and includes a CFD, spot or forward contract of any kind, future, option, or other derivative contract in relation to any commodity, financial instrument (including any security), currency, interest rate, index, or any combination thereof and any other transaction or financial instrument for which we are authorized under our license from time to time which we both agree shall be a Transaction.

2. INTRODUCTION

Scope of this Agreement This Agreement sets out the basis on which we will provide services to you. This Agreement governs each Transaction entered into or outstanding between us on or after the execution of this Agreement.

Commencement This Agreement supersedes any previous agreement between you and us on the same subject matter and takes effect when you indicate your acceptance via our website. This Agreement shall apply to all Transactions contemplated under this Agreement.

The relationship between the Customer and Trade Capital Fx shall be governed by this Agreement. This Agreement is a distance contract and has the same rights and liabilities as a duly signed contract. In the event where you, the Customer, wish to have a signed Agreement, the Customer should print and send 2 (two) copies to Trade Capital Fx, where Trade Capital Fx will sign and stamp the Agreements and send a copy back to the Customer.

We reserve the right to change this Agreement at any time and notify you of any such change either via email or through Trade Capital Fx’s website. Any changes to the Agreement will not apply to transactions performed prior to the date on which the changes become effective unless specifically agreed otherwise. In case you disagree with the changes, you may terminate the Agreement in accordance with Clause 18 herein.

3. GENERAL

Information about us We, Trade Capital Fx (“Trade Capital Fx”), are authorized and regulated by the Seychelles Financial Services Authority (“FSA”) with License Number SD007. Our registered office is Suite 3, Global Village, Jivan’s Complex, Mont Fleuri, Mahe, Seychelles. Our contact details are set out in Clause 20 (Miscellaneous) under the heading “Notices”.

The Services on TradeCapitalFx.com are provided and regulated by Trade Capital Fx. Trade Capital Fx is authorized and regulated by the Seychelles Financial Services Authority (“FSA”) and incorporated in Seychelles with registration no. 8413415-1 and registered office is Suite 3, Global Village, Jivan’s Complex, Mont Fleuri, Mahe, Seychelles. Lead Capital Services Ltd with office address at 121 Prodromou Avenue, 1st Floor, Hadjikyriakion Bldg. 1, Strovolos, Nicosia, 2064, Cyprus and registration number HE 332817, jointly provides content and operates the website.

Language This Agreement is supplied to you in English and we will continue to communicate with you in English for the duration of this Agreement. However, where possible, we will communicate with you in other languages in addition to English.

Communication with us You may communicate with us in writing (including fax), by email or other electronic means, or orally (including by telephone). Our contact details are set out in Clause 20 (Miscellaneous) under the heading “Notices”. The language of communication shall be English, and you will receive documents and other information from us in English. However, where appropriate and for your convenience, we will endeavor to communicate with you in other languages. Our website contains further details about us and our services, and other information relevant to this Agreement. In the event of any conflict between the terms of this Agreement and our website this Agreement will prevail.

Trade Capital Fx monitors your communications to evaluate the quality of service you receive, your compliance with this Agreement, the security of the website, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Trade Capital Fx monitors your communications.

Legal Age The Company’s services and products traded are only available to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. The Company reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. The Company may, in its sole discretion, refuse to offer its products and services to any person or entity and change its eligibility criteria at any time.

Capacity We act as principal and not as agent on your behalf and you enter this Agreement as principal and not as agent (or trustee) on behalf of someone else. We shall treat you as a retail client for the purposes of all the Applicable Regulations. You have the right to request a different client categorization. However, if you do request such different categorization and we agree to such categorization, the protection afforded by the Applicable Regulations may be reduced. This may include, but is not limited to:

  1. The requirement for us to act in accordance with your best interests;
  2. Our obligation to provide appropriate information to you before providing the services;
  3. The restriction on the payment or receipt by us of any inducements;
  4. Our obligation to achieve best execution in respect of your orders;
  5. The requirement to implement procedures and arrangements which provide for the prompt, fair and expeditious execution of your orders;
  6. The requirement that you receive from us adequate reports on the services provided to you.

Banned/Not Permitted Jurisdictions The Company reserves the right and is entitled to at any time, and upon its sole discretion, restrict offering its services to certain jurisdictions and consider them as banned countries in terms of engagement with potential clients. Currently, the Company does not accept new clients and/or the opening of new accounts from the following jurisdictions: Australia, Canada, Democratic Republic of Congo, Eritrea, Hong Kong, Israel, Japan, Libyan Arab Jamahiriya, New Zealand, North Cyprus, North Korea, Russia, Singapore, Somalia, Sudan, all USA jurisdictions, all EU Countries. The list of banned countries is subject to alteration at any time the Company deems proper upon its sole discretion without any prior notice.

The Customer hereby confirms that by agreeing to this Agreement, he is not residing in one of the countries mentioned on the aforementioned list and covenants to inform the Company should his situation alter in any way. The Company reserves the right to request any additional information deemed necessary to verify compliance with this clause.

General Interpretation A reference in this Agreement to a “clause” or “Schedule” shall be construed as a reference to, respectively, a clause or Schedule of this Agreement, unless the context requires otherwise. References in this Agreement to any statute or statutory instrument or Applicable Regulations include any modification, amendment, extension, or re-enactment thereof. A reference in this Agreement to “document” shall be construed to include any electronic document. The masculine includes the feminine and the neuter and the singular includes the plural and vice versa as the context admits or requires. Words and phrases defined in the Applicable Regulations have the same meaning in this Agreement unless expressly defined in this Agreement.

Schedules The clauses contained in the attached Schedule (as amended from time to time) shall apply. We may from time to time send to you further Schedules in respect of Transactions. In the event of any conflict between the clauses of any Schedule and this Agreement, the clauses of the Schedule shall prevail. The fact that a clause is specifically included in a Schedule in respect of one Transaction shall not preclude a similar clause being expressed or implied in relation to any other Transaction. You acknowledge having read, understood, and agreed to the Schedules to this Agreement.

5. COST AND PAYMENTS

Additional Costs

You should be aware that other taxes or costs may exist that are not paid through or imposed by us. In case of any value-added tax or other tax obligations arising from a transaction performed on your behalf or any other action under this Agreement, the amount incurred is fully payable by you. Therefore, you must pay Trade Capital Fx when requested, and Trade Capital Fx is fully entitled to debit your account with the outstanding amount to be settled, excluding taxes payable by Trade Capital Fx in relation to its income or profits.

Payments

All payments to us under this Agreement shall be made in such currency as specified by us to the bank account designated for such purposes. You must make all payments without any deduction or withholding.

Lead Capital Corp Ltd is the entity responsible for Skrill and NETELLER payments.

Remuneration and Sharing of Charges

We may share charges with partners, affiliates, business introducers, and agents in connection with Transactions carried out on your behalf. For more information on the fees and commissions we pay to business introducers and affiliates, please inform us, and we will provide further information.

Rollovers, Interest

A daily financing charge may apply to each FX/CFD open position at the closing of Trade Capital Fx’s trading day concerning that FX/CFD. If applicable, this financing charge will either be paid by you directly to Trade Capital Fx or paid by Trade Capital Fx to you, depending on the type of FX/CFD and the nature of the position you hold. The method of calculating the financing charge varies according to the type of FX/CFD to which it applies. Additionally, the amount of the financing charge will vary as it is linked to current interest rates (such as LIBOR). The financing charge will be credited or debited to your account on the next trading day following the relevant day.

Trade Capital Fx reserves the right to change the method of calculating the financing charge, the financing rates, and/or the types of FX/CFDs to which the financing charge applies. For certain types of FX/CFDs, a commission is payable by you to open and close FX/CFD positions. Such commissions will be debited from your account at the same time as Trade Capital Fx opens or closes the relevant FX/CFD. Changes in our swap interest rates and calculations shall be at our discretion and without notice. Clients should regularly check our website for the current rates charged. Rates may change quickly due to market conditions (changes in interest rates, volatility, liquidity, etc.) and various risk-related matters at the firm’s sole discretion.

For the WebTrader platform:

Additional Conversion Fees: Conversion fees will apply only when your account currency differs from the quoted currency of the underlying asset being traded. The fee will be reflected as a percentage of the conversion rate used. This will affect any conversions made on the Used Margin, Profit and Loss, Overnight Rollovers (Financing), CFD Rollovers, and adjustments for Corporate Actions. As an example, if the account currency is US Dollars and you open a position on a Euro-quoted asset (i.e., Germany30), your Used Margin is converted into US Dollars, including a fixed percentage on the conversion rate applicable at the time as a mark-up.

For MT4 and WebTrader platforms:

CFD Rollover: When a future contract that a CFD is based on reaches its maturity, the underlying asset of that CFD will be switched to the next maturity of the same futures contract. A premium will be either added or subtracted from your account based on the difference in prices between the two futures contracts. Example: If you sell 1 lot EURUSD, you will pay rollover costs on 100,000 Euro, which at the current rate would be $0.017. This rate may vary over time; for actual rates, please check the “CFD Expiration Dates” on our website.

Overnight Rollover Swap: Any open FX/CFD transaction held by you at the end of the trading day as determined by Trade Capital Fx or over the weekend shall automatically be rolled over to the next business day to avoid an automatic close and physical settlement of the transaction. A premium may be added or subtracted from your account with respect to such transaction. The platforms calculate overnight rollover at 22:00 GMT (21:00 GMT, summertime), and the rollover charge/credit is debited or credited to and from the trading account. For FX pairs, on Wednesday at 22:00 GMT (21:00 GMT, summertime), overnight rollover fees are multiplied by three (x3) to compensate for the upcoming weekend. For Shares CFDs, on Friday at 22:00 GMT (21:00 GMT, summertime), overnight rollover fees are multiplied by three (x3) to compensate for the upcoming weekend. Certain instruments will have their triple-swap charged on Wednesday: Gold and Silver, and the following FX pairs on Thursday: EUR/RUB, USD/RUB, USD/CAD, USD/TRY.

The premium amount is determined by Trade Capital Fx from time to time, in Trade Capital Fx’s absolute discretion. You hereby authorize Trade Capital Fx to add or subtract the premium to or from your account for any open transaction that has accrued a premium, in accordance with the applicable rate each day at the specified time on the trading platform for each individual instrument, as applicable.

Scroll to Top