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Regulated by theFSC. License Number:C114013940.
Terms & Conditions
1. The Agreement Between Us
2. Terms and Conditions that apply to the
3. Provisions Relevant to Particular
Types of Client
4. Risk Warnings
This document is important and contains the
terms on which we provide our online bullion, CFD and currency trading (the
“Services”) to you.
Due to CFTC regulatory restrictions and in
accordance with the Dodd-Frank Act, HANTEC GLOBAL LTD CANNOT OPEN ACCOUNTS FOR
UNITED STATES RESIDENTS*.
It is essential that you read and
understand these terms and we will ensure that you have a proper opportunity to
do so by not allowing you to trade until you have confirmed to us that you have
read these terms. If you have any questions please let us know.
Hantec Global Ltd (“Hantec Global”) is
authorized and regulated by the Financial Services Commission of the Republic
1. The Agreement Between Us
1.1 The agreement between us (this
“Agreement”) comprises: these terms and conditions; and the terms and matters
set out in the Account Opening Application Form and any sub mandates.
This Agreement represents all the terms
agreed between us regarding the Services unless we have agreed in writing to
supplement or vary this Agreement.
1.2. Effective Date
This Agreement shall come into force on the
earlier of the date you complete and sign the Account Opening Application Form
or the date you begin to use the Services (being a day we are open for business
or the next business day if we are not open, a “Business Day”). Our obligations
under this Agreement in relation to our Services shall become effective on the
Business Day we receive a transfer of funds into your account.
1.3. Cancellation rights
You have a right to cancel this Agreement
within 14 days of the Business Day we receive the completed Account Opening
Application Form from you. If you would like to cancel this Agreement please
let your contact at Hantec Global know or write to us at Suite 207, 2nd Floor,
The Catalyst, Silicon Avenue, 40 Cybercity, 72201 Ebene, Republic of Mauritius
or email us on email@example.com.
If you do not exercise this right to cancel
within the requisite time period, you will still be entitled to exercise your
right to terminate this Agreement under clause 184.108.40.206.
You agree that the right to cancel and the
right to terminate under the Agreement only relate to cancelling or terminating
the Agreement. Such cancellation or termination shall not affect the completion
of transactions initiated prior to us receiving your notice of cancellation or
termination. Cancellation or termination shall not affect your or our accrued
rights, indemnities, existing commitments or any other contractual provision
intended to survive termination of this Agreement.
No penalty will apply on cancellation
provided however you shall pay our fees on a pro-rata basis to the date of
cancellation and any additional expenses necessarily incurred by us (or a third
party) in cancelling this Agreement and any losses necessarily realized in
settling or concluding outstanding transactions and transferring your funds
back to you.
You should note that we will provide the
Services to you until we receive notice of cancellation pursuant to your
cancellation right and if you do cancel the amount you receive back may be less
than your initial investment due to fluctuating market values, payment of any
fees due to us, costs we incur and any costs incurred by us due to
circumstances outside our control.
*A United States resident means any of the
following: any natural person residing in the United States; any corporation,
partnership, association or other legal entity created or organized under the
laws of any jurisdiction of the United States; a branch or agency of a foreign
entity located in the United States; a trust of which the trustee is resident
in the United States; an estate of which a person residing in the United States
is the executor or administrator; or any account held for the benefit of a
person residing in the United States.
2. Terms and Conditions that apply
to the Services
2.1. Hantec Global Ltd
Hantec Global Ltd is authorized and
regulated by the Financial Services Commission of the Republic of Mauritius.
Our principal place of business is Suite
207, 2nd Floor, The Catalyst, Silicon Avenue, 40 Cybercity, 72201 Ebene,
Republic of Mauritius (we will notify you of any change to our principal place
of business), our telephone number is +230-489-7888 and our email address is
2.2. Non-advised dealing services
Unless we have agreed to provide you with
investment advice and given you a personal recommendation in relation to a particular
transaction, we offer “non-advised dealing services” which means us buying from
you or selling investments to you or buying or selling investments on your
behalf when you do not wish us to advise you on the merits or the suitability
of the transaction for you.
Any instructions you give us in relation to
non-advised dealing services must be given by you through our online bullion,
CFD and currency transaction systems (the “Online Platform”) unless we agree
We will provide you with prices at which
the relevant currency, bullion and CFD can be purchased or sold either verbally
or via the Online Platform.
You are required to settle each transaction
on the date agreed with us for the settlement or if there is no such date, then
the second Business Day after the execution of an order by us or on such other
date as we may determine (the “Value Date”).
Even if we are not providing you with
investment advice, for certain types of investment (considered by us to be
complex investments) when we receive instructions to deal on a non-advised
basis we will assess the appropriateness of such instructions by reference to
your knowledge, experience and understanding of the risks involved. Should we not
have sufficient information to make this assessment we reserve the right not to
act on instructions received from you.
If we consider that (with regard to the
information we hold about you) a transaction is inappropriate, we shall warn
you of this. If you wish to proceed with the transaction after having been
given this warning, you shall be solely responsible for that decision.
When we deal for you on a non-advised basis
we will provide you with a notice in electronic form confirming the execution
of your order and providing you with details of the transaction (such as the
price and any rate of exchange used for a currency conversion). You should
check the confirmation carefully and let us know immediately of any errors.
Unless you let us know within 24 hours that there is an error in the
confirmation we send you it will be deemed to be binding on you (in the absence
of manifest error).
2.5. Best execution
When we execute an order on your behalf we
will take all reasonable steps to obtain the best possible result for you
taking into account a number of relevant factors. In order to achieve best
execution we have in place an order execution policy which is available on our
website. Our order execution policy is reviewed periodically and also whenever
a material change occurs that affects our ability to continue to provide best
execution. By entering into this Agreement you confirm that you agree to this
Please note that specific instructions from
you in relation to the execution of orders may prevent us from following our
order execution policy in respect of the elements of execution covered by the
When we enter into transactions on your
behalf denominated in a foreign currency other than the base currency of your
account (as such base currency is provided for in the Account Opening
Application Form) we may carry out any necessary currency transactions
(together with any hedging transactions on a transaction by transaction basis)
on the settlement date for the transaction rather than the trade date at our
then prevailing rates of exchange.
Payments into your account may where
necessary be converted into the base currency of your account.
Unless we agree otherwise at the time of
dealing, we will be the counterparty to all your transactions and act as a
principal and not as agent on your behalf. Unless we agree otherwise, we will
treat you alone as our client for all purposes and you shall be directly and
fully responsible for performing the obligations under each transaction we
enter in with you or on your behalf. We do not have nor do we seek to have any
relationship with any third party on whose behalf it may be claimed you are
Subject to any FSC rules or regulations, we
may aggregate transactions in respect of your account with those of other
clients and of our employees and associates (including any holding company or
subsidiary company (as defined in the Companies Act 2001) from time to time, of
ours and/or any subsidiary company of any such holding company, an “Associated
Company”) and their employees without asking you first. We will only aggregate
your order if we believe it is likely that the aggregation of your order will
work overall to your advantage. However, you should note that the effect of
aggregation may work to your disadvantage in relation to a particular order.
2.8. Use of our Online Platform
You will be able to enter orders at the exchange
rates and prices displayed on the Online Platform.
The ownership of materials and text
contained on our website, accessed from it, or otherwise distributed to you by
us, is confidential and protected by copyright. You agree that this material
and text is for your own personal use and that you will not disclose it to
anyone else. All electronic communications between parties in the course of
business may be monitored by us in accordance with relevant law.
We will notify you of your Online Platform
account password by phone, letter or email. Your personal information will be
requested as a means to verify your identity before the password is released
over the telephone. Your password is strictly confidential and you agree to
take full responsibility for all transactions, loss, costs and expenses, should
any transaction be accepted and concluded by us after the password has been provided
You agree that by using the Online Platform
you have given your prior express consent to receive and transmit instructions
for execution outside a regulated market or multilateral trading facility.
You will provide us with a list of people
duly authorized by you to access the Online Platform on your behalf (each an
“Authorized User”). You shall notify us immediately when any new person becomes
an Authorized User or when any existing Authorized User is no longer entitled
to be an Authorized User. Upon receipt of such notice, the change in Authorized
User is effective immediately (or on such date as specified in the notice).
However such notice shall not affect any instructions already executed prior to
receipt of such notice. All instructions given and accepted by an Authorized
User will be deemed to be instructions authorized by you and shall be binding
You must ensure that each Authorized User
quits and closes the internet browser after using the Online Platform.
You will advise us immediately if you have
any reason to believe that your login and password have not been kept secure
and confidential or may otherwise have become known to others.
We may at any time without notice to you
suspend, withdraw or deny access to the Online Platform for any reason
including but not limited to security, quality of service, failure by you to
pay an amount when due or breach by you of any provision of this Agreement.
2.9. Transmission of orders
Unless otherwise agreed by us, all orders
to trade must be given to us through the Online Platform. Such order shall not
take effect unless actually received by us.
2.10. Orders non-binding
When you click the submit button to enter
an order through our Online Platform (or give us an order by any other means we
may agree) we will be under no obligation to accept it or, if accepted, under
no obligation to execute it. Unexecuted orders may be cancelled at our
discretion. Once an order has been entered into our Online Platform it may not
be altered or cancelled by you.
We will endeavour to advise you promptly if
circumstances arise where we may be unable to accept or execute your orders,
provided however that we are under no obligation to provide you with our
reasons for not acting on your orders and provided further that we shall not be
liable to you in any way if we refuse to follow your orders.
2.11. Margin Deposit
Before executing any order, we may in our
absolute discretion require a deposit of such amount as we may specify in
respect of any actual, anticipated or contingent liability you may have to us
in respect of anticipated or existing open positions which you have or will
have with us (the “Margin Deposit”).
We reserve the right to change the margin
requirements at any time and any change may become effective immediately. We may
inform you of this by email, via the electronic trading platform, telephone
call, fax, post, text message, or by posting notice of the change on our
website. It is your responsibility to know at all times the current margin
requirement applicable to your account and your open positions.
2.12. Cleared funds
You must at all times have sufficient
cleared funds with us before we will execute any order. We will indicate to you
the sum required as the Margin Deposit for each order.
We will only accept funds from you where:
• they are from an account held
in your name, either jointly or individually, the payment has originated from
you and we reserve the right to verify the bank account if the payment is made
by bank transfer.
• they are made on your behalf by
an introducing broker; we have an agreement in place with that introducing
broker; and we have taken all necessary check to verify the account the payment
is made from.
If your account has a negative cash value
for any reason, including but not limited to, the closure of your positions
under term 2.15, or termination of this Agreement, that negative cash value
represents a debt owed to us which is due and payable immediately.
2.13. 2.13. Profits, Losses and Interest
Charges on Open Positions
For any open position held by you, we shall
from time to time credit your account with profits and interest earned, or
debit your account for losses and interest incurred from the date agreed with
us until the Value Date (as defined in clause 2.2.4 above) or until the
position is closed or liquidated, in the following manner:
• for buying of one currency
against the sale of another currency and the currency bought has a higher
interest rate than the currency sold, interest arising therefrom shall be
credited to your account;
• for bullion contracts, interest
arising from buying or selling bullion shall be credited or debited to your
• in the case of a negative
interest rate, interest arising therefrom shall be debited to your account;
• in the case of CFDs, we will
charge an interest rate in respect of each [long (or bought)] open position
• in the case of long (or bought)
positions we will settle the difference
between the price or level at which we
entered into the transaction with you and the price or level of the subject
matter (or underlying) on the Value Date, if it is higher we will pay the
difference to you but if it is lower you will pay the difference to us;
• in the case of short (or sold)
positions we will settle the difference between the price or level at which we
entered into the transaction with you and the price or level of the subject
matter (or underlying) on the Value Date, if it is lower we will pay the
difference to you but if it is higher you will pay the difference to us.
In all cases, interest shall be at the rate
we determine from time to time and published on our website.
2.14. Advances and Interest Rate
• If you are not able or not
willing to settle any transaction on the Value Date or on such date as we shall
require settlement, we may (but without obligation to do so) make an advance to
you of such amount as is necessary for direct settlement of any transaction in
whole or in part and you undertake to repay the US dollar equivalent (at the
exchange rate or rates as we shall stipulate) upon demand with interest therein
at the rate of 3% per annum above the prime lending rate in Mauritius for the
time being in force, calculated on a daily basis from the date of such advance
up to and including the date of repayment in full. Interest at the above rate
shall be chargeable on the following items:
• Any part of the Margin Deposit
or additional Margin Deposit not paid or deposited in the form of cash; and
• Any amount due to us which
This clause 2.14 shall not be construed as
binding us to make any advance to you nor shall it prejudice any of the rights
and remedies we have against you or any other persons under this Agreement or
otherwise conferred by applicable law.
2.15. Forced Liquidation
You are required to maintain a sufficient
level of Margin Deposit. We reserve our right to close out all open positions:
• if at any time the Margin
Deposit held by us is approaching or is no longer sufficient to cover the
negative mark to market value of any or all open positions that you have with
• If at any time the pre-agreed
credit limit assigned to you is no longer sufficient to cover the negative mark
to market value of any or all open positions that you have open with us.
We shall have the right, in our absolute
discretion, to determine the mark to market value from time to time. In
addition to other remedies available to us, if you fail to pay an amount when
due under this Agreement, we have the right to close (by either buying or
selling) any or all of your open positions.
We are not obliged to contact you before we
take the relevant action under clause 2.15.1. If however we do so, the margin
call may be made by email, via the electronic trading platform, telephone call,
fax, post or text message. The margin call will be deemed to have been received
if we have left a message requesting you to contact us, or if we have been
unable to leave a message but made reasonable endeavours to do so.
2.16. Quoting error
We will use all reasonable endeavours to
provide up-to-date quotes for all currencies, bullion and other instruments
traded on or through our Online Platform however we give no assurance that the
prices quoted are accurate.
In accordance with clause 2.29.1, should a
quoting error occur due to a typographical error or other obvious mistake in a
quote or indication (the “Quoting Error”), we are not liable for any damages,
claims, losses, liabilities or costs arising from the Quoting Error. We reserve
the right to make the necessary adjustments to correct the Quoting Error and
close any position opened on the basis of a Quoting Error. Any dispute arising
from a Quoting Error will be resolved on the basis of the fair market value, as
determined by us acting reasonably, of the relevant currency at the time such
Quoting Error occurred.
2.17. Credit Limits
We may, but have no obligation to, grant
you a credit limit in an agreed currency that can be offset against a negative
mark to market value on an open position, or an amount applicable to unsettled
trading losses to some or all trades (either individually or in aggregate or
If the negative mark to market of an open
position is approaching or has exceeded your credit limit, we reserve the right
to require you to pay an amount in addition to the Margin Deposit in our
absolute discretion. Any credit limit we set may be reduced or withdrawn at any
time by giving you notice in writing.
If we act on an instruction which would
result in a credit limit being exceeded:
• we are not obliged to advise
you of this;
• you will be liable to us for
all amounts due to us including those above any credit limit;
• we are not obliged to act upon
any subsequent instruction where a credit limit may be exceeded.
2.18. Authorization Limits
You may notify us of an authorization limit
applicable to some or all trades either in general or for particular Authorized
Users. You may withdraw any such authorization limit at any time by giving us
notice in writing. We may, in our absolute discretion, impose an authorization
limit on you and/or any Authorized Users or vary any such limit at any time by
giving you notice in writing in accordance with clause 2.27.
2.19. Material interests and conflicts
As part of an international organization
which provides a number of services to a range of clients, there may be times
when there is a conflict between our interests, or the interest of an
Associated Company and the duty we owe to you or any other client, or a
conflict between the differing interests of two or more clients to whom in each
case we owe a duty. Under Mauritius legislation we are required to have in
place arrangements with a view to taking all reasonable steps to manage such
conflicts of interest constituting or giving rise to a material risk of damage
to the interests of our clients. We have established a comprehensive conflicts
of interest policy to identify and manage such actual or potential conflicts of
interest. Where we do not consider that the arrangements under our conflicts of
interest policy are sufficient to manage a particular conflict, we will inform
you of the nature and/or source of the conflict. Our full conflicts of interest
policy is available on request.
2.20. Client money
All amounts held in your account will be
received and held by us as client money and segregated (“Segregated Funds”) by
us. Unless you have notified us in writing to the contrary, we may hold
Segregated Funds in a segregated account located outside Mauritius or pass
money held on your behalf to an intermediate broker, settlement agent or
counterparty located outside Mauritius. The legal and regulatory regime
applying to any such person may be different from that of Mauritius and in the
event of the insolvency or any equivalent failure of that person, your money
may be treated differently from the treatment which would apply if the money
was held in a segregated account in Mauritius.
You agree that in the event that there has
been no movement on your account for a period of at least seven years
(notwithstanding any payments or receipts of charges, interest or similar
items) and/or we are unable to trace you despite having taken reasonable steps
to do so, we may release your money from the segregated account and dispose of
same at our sole discretion.
We will use reasonable endeavours to ensure
that all confidential information relating to you and your account is kept
confidential. However, you authorize us to disclose information (confidential
• to our employees (or employees
of our agents, nominees or custodians or other persons appointed by us in
connection with your account) on a need- to-know basis;
• to the FSC and any other
regulatory authority, to the extent that they are entitled to the information
• otherwise as may be required by
law, best investment business practice, industry regulations or codes of
• in the circumstances described
in clause 2.22 below.
2.22. Data Protection
When you provide your personal data on the
Account Opening Application Form or otherwise you confirm that it is current,
accurate and complete.
We will use your personal data in
accordance with the Data Protection Act 2004.
You agree that we may check your personal
information with other information that you provide or that is held by us about
you to verify your identity and other information relating to you and we may
also carry out credit assessments on you. In doing so, your personal
information may necessarily be disclosed to third parties.
All personal information about you,
including sensitive personal information, that we acquire may be stored (by
electronic and other means) and used by us in the following ways:
• to enable us to provide
Services to you;
• to respond to requests for
information from you;
• to follow up with you after you
request information to see if we can provide any further assistance;
• for statistical purposes and
for market and product analysis;
• to develop and improve the
products and Services we provide and/or may provide to you (and/or to your
• for our own administrative
purposes (including, but not limited to, maintaining our records) and
• for the prevention of fraud or
other crime and its detection;
• to prevent or detect abuses of
our Services or any of our rights and to enforce or apply our terms and
conditions and/or other agreements or to protect our
(or others’) property or rights;
• to contact you (for example, by
telephone, fax, e-mail or other means) to let you know about products or
Services that we think may be of interest to you;
• to permit our Associated
Companies also to contact you (for example, by telephone, fax, email or other
means) to let you know about products or services that they think may be of
interest to you;
• we may from time to time carry
out or instruct others to carry out certain money laundering checks imposed on
us by law required for the prevention and detection of crime, money laundering
and, in particular, international terrorist financing. We may use staff
employed by Associated Companies, whether in this country or overseas or, if
appropriate, we will engage specialist contractors to carry out such work
whether here or abroad. In any event, any staff involved in such checks will be
specially trained and will not share information about you with any third party
unless permitted by law to do so. Such staff shall at all times only act in
accordance with our instructions and any such checks will be carried out in a
secure environment. You hereby agree to the sharing of your personal information
in this way for these purposes. Please note that we may use electronic
verification services for identification purposes.
Except where indicated above, we will not
provide your personal information to organizations outside of our Associated
Companies to use for their own marketing purposes without your consent but we
may disclose your personal information outside of our organization:
• to other organizations we may
engage to perform, or assist in the performance of, our Services or to advise
us, provided that they will only be given access to your personal information
to perform such assistance, services or advice and not for other purposes. We
shall endeavour to ensure that any such organization undertakes to adopt
appropriate security measures in respect of your and others’ personal data;
• in circumstances in which we
may be required or authorized by law, court order, regulatory or governmental
authorities to disclose your personal information.
We may sometimes transfer your personal information
to countries that do not provide the same level of data protection as
Mauritius. If we intend to do this, then where practical and appropriate,
before doing so we will put contractual arrangements in place to ensure the
adequate protection of your information and we shall endeavour to ensure that
any such contractual arrangements comply with the standards required by the
Mauritius Data Protection Office.
We have security procedures covering the
storage and disclosure of your personal information to prevent unauthorized
access and to comply with our legal obligations.
You are entitled to ask us for details of
the personal information that we hold about you, the purposes for which it is
being or will be processed and the recipients or classes of recipients to whom
it is being or will be disclosed. If you would like to request copies of this
information, please contact us. We may charge a fee for providing this
information to you (details of which are available upon request). If you make a
written request to us, we will also correct, delete and/or block personal
information from further processing if that information proves to be
Cookies are small pieces of information
sent by a web browser so it can later be read back from that browser. Cookies
may be used on some pages of our Online Platform and website to provide users
with a more customized browsing experience. Cookies are not used to determine
the personal identity of anyone merely visiting our website.
You can choose whether and how a cookie
will be accepted by changing your preferences and options in your browser.
However you may not be able to access some parts of the website and Online
Platform if you choose to disable the cookie acceptance. We therefore recommend
you enable cookie acceptance to benefit from all the services on our website
and the Online Platform.
2.24. Intellectual Property
You agree that we are the sole owner
(except to the extent owned by any third party licensors and except to the
extent licensed by any of our Associated Companies) of all right, title and
interest in the Online Platform and any information or data generated by the
At no time shall you enter into commitments
for us or in our name or use our intellectual property for any purpose
whatsoever. You will not use our name or intellectual property without our
prior written approval nor will you represent yourself as being affiliated
with, or authorized to act for us.
2.25. Complaints and Disputes
If you have a complaint in respect of our
Services you can in the first instance write to our Compliance Officer. Details
of our internal complaints policy are available on request. If you are
dissatisfied with the result of our complaints procedure you may be able to
complain directly to the Financial Services Commission. The Financial Services
Commission can be contacted by telephone on 403 7000 or you can find further
details on their website www.fscmauritius.org
There is currently no statutory
compensation scheme in place if we are unable to meet our liabilities in
respect of investment business.
2.27. Communicating With Each Other
2.27.1. Communication to us by post
Unless we advise you to the contrary, our
address for written communication is Hantec Global Ltd, Suite 207, 2nd Floor,
The Catalyst, Silicon Avenue, 40 Cybercity, 72201 Ebene, Republic of Mauritius.
2.27.2. Communication to us during a face
to face meeting or by fax or telephone
We will (subject to clause 2.10) act upon
instructions received during a face to face meeting, by telephone or fax but we
cannot accept any responsibility for any inconsistency between face to face,
telephoned or faxed instructions and any subsequent written confirmation.
2.27.3. Email communications
You agree that we may communicate with you
by email and (subject to clause 2.10) act on instructions received via email
from you. You acknowledge and accept the risks inherent in email, particularly of
its unauthorized interception and of its not reaching the intended recipient.
Please notify us in writing if you do not consent to the use of email as a
means of communication in relation to this Agreement and its subject matter.
2.27.4. Communication to us by your
nominated third party If you authorize us to accept the instructions of a
nominated third party we will do so until we receive notice to the contrary
from you. The same rules apply to face to face, written, telephoned, faxed or
received from a third party as they do to
instructions received from you and you must ensure that your nominated third
party complies with these rules.
2.27.5. Communications by us to you
We will write to, fax, telephone or email
you and/or, as appropriate, a third party authorized by you, at the address(es)
and the other contact details as set out in the Account Opening Application
Form or any other address(es) and other contact details you notify to us in
writing. To help us manage and administer your account properly our
representatives or employees may occasionally call you on the telephone or
visit you without clearing this with you first.
2.27.6. Apparent instructions
As long as we act reasonably, you authorize
us to rely on instructions by whatever means transmitted which appear or
purport to be sent by you or a third party authorized by you.
2.27.7. Receipt of instructions and notices
If an instruction or notice from you is
received by us outside business hours (meaning 9.00 am to 5.00 pm Monday to
Friday on a day that is not a public holiday in Mauritius), the instruction or
notice is deemed to have been received by us on the next Business Day following
Any notice posted on our website will be
deemed to have been given 3 days after the notice was posted.
2.28. Your undertakings
You undertake that you have full power and
authority to enter into, and to instruct us, on the terms of this Agreement.
• that all the information you have
supplied to us in the Account Opening Application Form, during meetings with us
or otherwise is complete and accurate;
• to notify us promptly of any
change to the information supplied by you in the Account Opening Application
Form or otherwise;
• to supply us with all
information, documentation or copy documentation that we require in order to
allow us to carry out our account opening procedures and carry out ongoing
monitoring of you;
• to provide us with any
additional information which may be reasonably required by us in order that we
can fulfil our legal, regulatory and contractual obligations in connection with
or relating to this Agreement.
2.28.3. Your investments
You undertake that:
• (unless otherwise agreed with
us) the investments and cash within your account are within your beneficial
ownership and are and will remain, for the term of this Agreement, free from
all liens, charges and any other encumbrances;
while this Agreement continues you will
not, except through us, deal, or authorize anyone else to deal in the
investments in your account;
• while this Agreement continues
you will not, either directly or indirectly, cause us to incur any liability to
any third party which is not anticipated by the express terms of this
You undertake to sign and/ or produce, by
the time we ask you to, any documents we need to enable us to carry out our
duties under this Agreement.
You indemnify us on our written demand
against all proceedings, actions, costs and expenses, claims, demands and/or
other liabilities incurred by us, our agents, or any nominee or custodian, as a
• the acceptance of instructions
from you or any Authorized User over the telephone or by fax or by email or via
the Online Platform;
• any breach by you or any
Authorized User of any of the terms of this Agreement.
This indemnity shall not apply to the
extent of any liability caused by a breach of this Agreement by us or the gross
negligence, fraud or willful default of us, our agents, a nominee or custodian.
2.29. The extent of our responsibility
for our actions and the actions of others
2.29.1. Our responsibility
We will carry out our duties with
reasonable skill, care and diligence and in accordance with the instructions
and authority you have given us. As long as we do this, we cannot and do not
accept any liability for loss (or the loss of an opportunity to gain) which
arises from the provision of our Services for and on your behalf. We shall not
be liable under any circumstances for any direct, indirect or consequential
loss incurred as a result of a delay in funds reaching you.
2.29.2. We accept responsibility for our
We accept responsibility for the acts or
omissions in respect of this Agreement of any nominee company controlled by us
or controlled by one of our Associated Companies.
2.29.3. Custodians / agents (other than our
own nominee(s)) We will exercise reasonable care in our choice of nominees,
custodians or agents and we will monitor their continuing suitability. As long
as we do this (and as long as the losses do not arise directly from our gross
negligence, fraud or willful default) we cannot and do not accept
responsibility for loss arising from the default of a nominee (other than our
own nominee), a custodian or agent whether the loss arises from the loss of
funds, investments, title documents or otherwise.
2.29.4. Events outside our reasonable
We cannot and do not accept responsibility
for losses you suffer as a result of our (or our agents, nominees, custodians
or others appointed by us) failing to comply with these terms (or terms or
matters contained in the Account Opening Application Form) as a result of
circumstances outside our or their reasonable control. These circumstances
would include, but not be limited to, interruption of power supply, electronic
equipment or supplier failure. Neither objectives nor restrictions will be
deemed to be breached as a result of changes in the value of investments caused
by movements in the market.
2.29.5. Market Disturbances
We may give a notice (a “Disturbance
Notice”) to you at any time if we form the view that market or trading
conditions in the relevant market for the currency, bullion or other instrument
concerned are seriously disturbed. This includes circumstances where, in our
opinion, deposits in the currency, bullion or the instrument concerned are not
available to us in the ordinary course of business in the relevant market or
because of national or international financial, political or economic
circumstances or exchange controls, it is impractical. When a Disturbance
Notice is given, our obligations will be suspended while we negotiate alternative
arrangements with you. If we reach agreement before the Value Date, those
alternative arrangements will apply. If we do not reach agreement within that
period, we will each be released from our obligations under the relevant
2.29.6. Preservation of rights under the
Financial Services Act 2007 and the regulatory system
Nothing in this Agreement is intended to
have, or has, the effect of excluding or restricting our duties or liabilities
to you under the Financial Services Act 2007, the Securities Act 2005 or the
2.29.7. Agency status
In any circumstances in which we act as
your agent you will be bound by our actions. These circumstances may include
but not be limited to our dealing with a third party on your behalf or arranging
for a third party to receive or hold your money. Nevertheless, none of the
Services shall give rise to any fiduciary or equitable duties which would
prevent or hinder us or any Associated Company in transactions with or for you,
including programme trades, acting as both market maker and broker, or acting
as agent in dealing with other associates or clients and obtaining a profit
from any such activity.
2.30. Delegation and use of Associated
We may delegate any of our responsibilities
under this Agreement to a third party.
You agree to pay us the charges for our
Services as notified to you through the Online Platform. Our website and other
notifications to you set out:
• the basis of calculation of our
• how frequently they are to be
• (where relevant) whether any
other payment is to be received by us (or to our knowledge by an Associated
Company) in connection with transactions we carry out with or for you in
addition to, or in lieu of, our charges.
You agree to reimburse us for all the costs
and expenses we incur in the carrying out of our Services. The costs will
include, but not be limited to:
• any costs and expenses referred
to in the Account Opening Application Form and/or otherwise notified to you;
• transaction costs;
• commissions, transfer fees,
registration fees, taxes and similar liabilities and costs.
We shall retain a lien and security
interest over any assets within your account to the extent that any charges,
costs, losses or claims for which you are liable to us remain unpaid. We will
notify you of any disposal of any assets of yours we may be holding pursuant to
rights under a lien or security interest. Such disposal will occur if you fail
to make payments to us when due. The lien or security interest will apply in
respect of each asset or type of asset or class of asset comprised within your
account from time to time to the extent of your indebtedness to us.
In the event of default or late payment of
any sum due to us we reserve the right to charge interest at a rate not
exceeding the effective cost to us of borrowing in the relevant money markets
an amount equal to the sums due or such other rate as we may have notified to
2.31.3. Changes in charges
Our charges may be changed from time to
time. We will let you have 30 calendar days’ written notice of any changes to
our charges before we implement them.
2.31.4. Payment of charges and expenses
You authorize us to deduct the charges and
expenses due in relation to the provision of our Services under this Agreement
and all related charges and expenses from your account at the times and
frequency which have been notified to you. If there are insufficient cash
balances on the account you authorize us to liquidate positions or sell any
assets we may be holding to the extent necessary to cover the accrued charges
and expenses. If we cannot collect charges and expenses in this way we will
invoice you and the invoice will be payable on receipt.
2.31.5. Dormant Account Fees
If there has been no activity for more than
six months on any account in your name it will be classified as dormant and may
be charged the dormant account fee. The fee will be charged every six months
after this time if there continues to be no activity on the account(s).To avoid
being charged a dormant account fee, you should have executed at least one
trade in your account(s) in any given 6 month period. If you have unrealized
trades that have remained open for longer than the 6 month period but have not
executed any further trades, your account will not be deemed dormant. If your
account balance is zero or the dormant account fee will bring the balance of
your account to zero or negative, Hantec Global will charge such part of the
fee that brings the account balance to zero and then close that account as per
clause 220.127.116.11. We reserve the right to change this fee at immediate notice
and may inform you of this by email, via the electronic trading platform,
telephone call, fax, post, text message, or by posting notice of the change on
2.32. Ending the Agreement
2.32.1. Notice of ending 18.104.22.168.
You may end this Agreement by giving us
written notice at any time - this
Agreement will end when we receive your
notice (or on a later date specified by you in such notice).
We may end this Agreement by giving you
written notice at any time - this Agreement will end when you receive our
notice (or on a later date specified by us in such notice).
We may also end this Agreement with
immediate effect by written notice if either you breach any of the terms of the
Agreement or we need to do so for regulatory or operational reasons.
2.32.2. Transactions in progress
When this Agreement ends, transactions
already initiated to which we or our agents are committed will be completed.
2.32.3. Consequences of ending
When this Agreement ends we shall liquidate
or close out all open positions and may charge you for:
• periodic charges which have
accrued through to the date of termination which shall become immediately due
• any additional expenses we or
our agents necessarily incur on termination of this Agreement;
• any losses necessarily realized
by us in settling or concluding outstanding obligations.
Within two days of termination of this
Agreement, you will return or destroy all passwords and log-in information
received from us in accordance with our written instructions.
Termination of this Agreement is without
prejudice to the accrued rights and liabilities of the parties except in the
case of termination under clause 22.214.171.124 which shall relieve us of any
obligations set out in this Agreement or arising out of transactions
contemplated by this Agreement, including any obligations arising out of any
transaction already entered into with us.
Clauses 2.28.5, 2.29.1 and 2.33.10 shall
survive termination of this Agreement.
When this Agreement ends we will account to
you promptly for any assets we may be holding for you. However, we shall retain
a lien and security interest over any assets within your account to the extent
that any charges, costs, losses or claims for which you are liable to us remain
You must notify us in writing of any
proposed amendments to this Agreement which will take effect only when accepted
by us in writing.
We may amend this Agreement at any time.
Amendments proposed by us will take effect on the date notified to you by us,
which shall be a date not less than 10 Business Days after the date of issue of
our notice unless circumstances (such as legal or regulatory requirements)
dictate a shorter period.
2.33.2. Time of essence
Time shall be of the essence in respect of
all your obligations under this Agreement (including any transaction).
2.33.3. Assignment / transfer
This Agreement is personal to you and you
may not assign or transfer any of your rights or responsibilities under it
without our prior written consent. We may assign or transfer our rights and
responsibilities under this Agreement to an Associated Company upon giving you
written notice. We may assign or transfer our rights and responsibilities under
this Agreement to a third party but will give you 30 calendar days’ prior
written notice if we intend to do so.
2.33.4. Rights and remedies
The rights and remedies provided in this
Agreement are cumulative and not exclusive of any rights or remedies provided
Neither the failure nor delay on our part
in exercising any right or remedy under this Agreement shall operate as a
waiver thereof, nor shall any single or partial exercise of any right or remedy
preclude us from any other or further waiver of any right or remedy.
If any court or competent authority finds
that any provision of this Agreement (or part of any provision) is invalid,
illegal or unenforceable, that provision or part provision shall, to the extent
required, be deemed to be deleted, and the validity and enforceability of the
other provisions of this Agreement shall not be affected.
If any invalid, unenforceable or illegal
provision of this Agreement would be valid, enforceable and legal if some part
of it were deleted, the provision shall apply with the minimum modification
necessary to make it legal, valid and enforceable.
2.33.6. No third party rights Pursuant to
article 1165, and notwithstanding article 1121, of the Civil Code, a person who
is not a party to this Agreement shall have no right to enforce any of its
This Agreement is supplied in English and
all communications from us to you for the duration of this Agreement shall be
2.33.8. Telephone calls
Telephone calls between us may be recorded
to maintain the quality of our service to you. All recordings shall be and
remain solely our property and will be accepted by you as conclusive evidence
of instructions or conversations so recorded. You agree that we may deliver
copies of transcripts of such recordings to any court, regulatory or government
2.33.9. Cooperation in proceedings
If any action or proceeding is brought by
or against us in relation to this Agreement or arising out of any act or
omission by us required or permitted under this Agreement, you agree to
co-operate with us to the fullest extent possible in the defence or prosecution
of such action or proceeding.
2.33.10. Governing law
This Agreement is governed by and shall be
construed in accordance with the laws of the Republic of Mauritius and shall be
subject to the non-exclusive jurisdiction of the courts of Mauritius.
3. Provisions Relevant to
Particular Types of Client
3.1. Individuals applying jointly
If you are individuals applying jointly,
the following additional terms apply:
3.1.1. Acceptance of Instructions
We will accept instructions from any one
account holder unless you notify us otherwise.
3.1.2. Death during the term of the
On the death of any one of you this
Agreement will not terminate and we will treat the survivor(s) as the only
person(s) entitled to or interested in the account. Should all of you die
during the term of this Agreement we shall continue to hold the account
according to the investment mandate specified until such time as we are
instructed otherwise by the properly appointed executor(s) of the last of you
3.1.3. Joint and Several Liability
Each of you accepts joint and several
liability for the obligations accepted by you under this Agreement.
If you are a non-incorporated partnership,
the following additional terms apply:
3.2.1. Changes in composition of
This Agreement shall continue in full force
and effect notwithstanding any change in the composition of a non-incorporated
partnership whether by the death, retirement or addition of partners to the
partnership or otherwise.
3.2.2. Joint and Several Liability
If you are a partner in a non-incorporated
partnership each of you accepts joint and several liability for the obligations
accepted by you under this Agreement.
If you are a trust the following additional
3.3.1. Changes in trustees during the
term of the Agreement
At our option this Agreement shall continue
in full force and effect notwithstanding any change in the composition of the
trustees whether by death, retirement or addition of trustees or otherwise.
3.3.2. Joint and several liability
Each trustee accepts joint and several
liability for the obligations accepted by you under this Agreement. Save in
respect of liability arising directly or indirectly from gross negligence,
fraud or willful default, the liabilities of the trustees under the terms of
this Agreement shall be limited to the assets of the trust from time to time.
3.4. Unincorporated associations
If you are members of an unincorporated
association, the following additional terms apply:
3.4.1. Changes in membership during the
term of this Agreement At our option this Agreement shall continue in full
force and effect notwithstanding any change in the composition of the
by death, retirement or addition of members
3.4.2. Joint and several liability
Each of you accepts joint and several
liability for the obligations accepted by you under this Agreement.
4. Risk Warnings
You should consider the following risks
before trading through our Services.
Trading in currency, bullion and CFDs,
particularly margin trading, involves the potential for profit as well as the
risk of loss which may vastly exceed the amount of money you commit to any
trade or transaction.
You may be required to deposit substantial
additional margin, at short notice, to hold your positions. If you fail to
provide funds to hold your positions they may be closed without further
reference to you.
We cannot guarantee a maximum loss that you
Movement in the price of currency, bullion
rates and CFDs are influenced by a variety of factors of global origin many of
which are unpredictable. In addition, governments intervene from time to time,
directly and by regulation, in certain markets, particularly markets in
currencies and interest rate related contracts and derivatives. Such
intervention is often intended to influence prices and may, together with other
factors, cause all of such markets to move rapidly in the same direction
because of, among other things, interest rate fluctuations.
Violent movements in the price of currency,
bullion rates and CFDs may result in action by the market as a result of which
you may be unable to settle adverse trades.
Certain investment strategies or hedging
techniques, including those involving ‘spread’ positions or ‘straddles’, may be
as risky as taking simple ‘long’ or ‘short’ positions.
Although financial instruments can be used
for the management of investment risk, some of these products are unsuitable
for many investors. Different instruments involve different levels of exposure
to risk and in deciding whether to trade in such instruments you should be
aware of the issues set out in this risk warning. However, this risk warning
cannot disclose all of the risks and other significant aspects of such
instruments. You should not deal in CFDs, currency or bullion instruments
unless you understand their nature and the full extent of your exposure to risk
You should therefore carefully consider
whether such trading is suitable in light of your own financial position and
If there is anything you do not understand
it is recommended that you seek appropriate advice from a suitably qualified
person (such as a lawyer, accountant or financial adviser).