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Mr. /Ms. /M/s. _______________________________
Age: ________ years, Occupation:________________
Residing/Office at: ____________________________
________________________________________________
PUNE – 411
PAN No.: _______________________________
The person/s specified as the “CLIENT”, (Hereinafter called the “CLIENT”
(which expression shall, unless repugnant to the context or meaning thereof,
be deemed to mean and include (if the CLIENT is individual) his/her heirs,
executors, administrators and legal representatives and permitted assigns; (if
the CLIENT is a Partnership Firm), the partners for the time being of the said
firm, the survivor or survivors of them and their respective heirs, executors,
administrators and legal representatives/its successors and permitted assigns;
(where the CLIENT is a WGC or a body corporate) its successors and permitted
assigns; (where the CLIENT is the Karta of a Hindu Undivided Family), the
members for the time being of the said Hindu Undivided Family and their
respective heirs, executors, administrators and assigns; (where the CLIENT is
the Trust), the principal trustee or the board of trustees or the trustees or
person authorized by the Board of Trustees for the time being and from time to
time (where the CLIENT is the governing body of a society), the respective
successors of the members of the governing body for the time being and from
time to time and any new members elected or appointed) of the OTHER
PART…
Parties mean WGC and the CLIENT; and Party shall be construed accordingly.
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WHEREAS:
1. WGC is engaged in the business of FOREX TRADING, EDUCATION
SERVICES and SOFTWARE PROJECTS.
2. The CLIENT is desirous of obtaining Investment Advisory Services from
WGC.
3. The CLIENT has satisfied itself that WGC possesses requisite level of
knowledge and competence to provide Investment Advisory Services.
4. WGC has satisfied and shall continuously satisfy itself about the
genuineness and financial soundness of the CLIENT and investment
objectives relevant to the Investment Services Advisory to be provided.
5. WGC has taken steps and shall take steps to make the CLIENT aware of
the precise nature of WGC’s liability for business to be conducted
including any limitations on that liability under the capacity in which it
acts.
6. The CLIENT appoints WGC as an Investment Advisor subject to the
terms and conditions detailed herein:
1. INTRODUCTION
This Agreement, as well as any legally binding document entered
into between WGC and the CLIENT, all as amended from time to
time (together: the “Agreement”), set out the terms upon which
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WGC will deal with the CLIENT in respect to placing and executing
foreign exchange rates and other financial instrument transactions
orders, on WGC’s trading platform (“FOREX TRADING”), and any
other valuable service made available by WGC to the CLIENT (the
“Services”).
2. FUNDS
i. WGC has as and by way of security of the principal amount,
issued
to
the
CLIENT,
Ch.No./Demand
Draft
No.
_______________________, dated _________________ drawn on
__________________________
Bank,
____________________________
(Rupees Only).
security
Branch,
for
Rs.
XXXX/-
The CLIENT agrees to deposit the said
cheque/demand
draft
with
his
banker/s
for
realization only after written consent from WGC.
ii. The lock-in period for the funds amount to be withdrawn by
the CLIENT is 180 days i.e six months.
At any point of
time, funds amount cannot be withdrawn by the CLIENT
before the said lock-in period. At the time of funds amount
being withdrawn by the CLIENT, the CLIENT shall surrender
this AGREEMENT in original and the security cheque issued
by WGC.
iii. The commission rate/benefit is mutually agreed between
WGC and the CLIENT and is fixed at the rate of X.X% per
month of the total funds amount invested with WGC.
iv. WGC shall be at liberty to utilize the funds for the full term
for any business mentioned here above. WGC shall also be
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at liberty to refund/repay the funds before the expiry of the
term at its own will and the CLIENT shall not raise any
objection/dispute thereon.
v. WGC shall have privilege to assess the market trend and in
the event of any change in the Government Policies/Natural
Calamities or any other event beyond the control of humans
and economic recession/crunch in economic conditions and
depending on such assessment, WGC shall have right to
proportionately reduce the risk and have absolute discretion
to revise the benefits payable to the CLIENT and of terms of
this Agreement.
vi. The CLIENT shall always have an option to accept the offer
of WGC as mentioned in the above clause OR terminate this
Agreement subject to the lock-in period and in such event;
WGC shall repay the funds amount so invested to the
CLIENT.
vii. The CLIENT shall only be concerned with the regular
payment of commission rate/benefit as agreed hereinabove
and shall not be concerned for the funds invested by WGC,
save and except the business profile of WGC.
viii. WGC shall keep informed the CLIENT in the event of change
of address (if any) of WGC at all times.
ix. The CLIENT shall not be concerned with the constitution of
Proprietorship/Partnership of WGC.
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x. The Funds deposited with WGC by the CLIENT, together with
any profit or other benefits, the CLIENT may be entitled to
according to a specific Agreement with WGC, shall be used
as security to any Transaction, including Trading Losses,
Commission and any other Fee or debt owed by the CLIENT
to WGC, which will be automatically deducted from the
CLIENT's equity in the Trading Account. The CLIENT's
Funds shall not accumulate any interest or any other
benefits (except for rollover/swap calculation, as defined
below). Trading in CFD's, binary options or other trading
methods that relate to a reference security shall not grant
the CLIENT any right to dividends, voting, allocations or any
other Benefits, but may be subject to adjustments according
to financial events which affect the reference security, such
as distribution of dividends, splits etc.
xi. The CLIENT may transfer funds to WGC with different
methods of payment as permitted by WGC from time to time
and in any currency (acceptable by WGC), and such funds
will be converted and managed in the Trading Platform in US
Dollars or Euro, as applicable, according to an exchange rate
determined by WGC's according to the known rates at the
Market.
xii. When making a bank transfer, the CLIENT must send WGC
an authentic SWIFT confirmation, stating full bank account
details and proof that the bank account is registered under
its name. Non-delivery of the SWIFT confirmation or the
details not conforming to the CLIENT's details registered at
WGC may result in the funds not being credited to the
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CLIENT’s Trading Account and the return of the funds
transferred to WGC.
xiii. When making a funds transfer to WGC by cheque or any
other method permitted by WGC in accordance with
Applicable Regulations, the CLIENT will be required to
identify itself according to WGC’s regulations and any
Applicable Regulations. WGC does not accept transfers of
cash. The CLIENT is required to provide such further full
and true information and sign any document required by
WGC to enable proper operation of the Trading Account.
xiv. Whenever the CLIENT transfers funds to WGC, those funds
belong to WGC and will be treated by it as its own for the
purpose of securing or covering the CLIENT's present,
future, actual, contingent or prospective obligations, subject
only to any contractual obligation of WGC to pay or return
money to the CLIENT according to the terms of this
Agreement. The CLIENT will not have a proprietary claim
over money transferred to WGC, and WGC can deal with it in
its own right. In determining the amount of collateral and
the amount of WGC's obligations to pay or return money to
the CLIENT, WGC may apply such methodology (including
judgments as to the future movement of markets and
values), as WGC considers appropriate.
xv. Repayment of any funds by WGC to the CLIENT will be in
the same currency and to the same account/credit card from
which the funds were originally transferred, unless WGC has
decided, by its own discretion, to return the funds to a
different account of the CLIENT.
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xvi. The CLIENT declares that all funds that it transfers to WGC
do not derive from any criminal or other illegal activity and
without
any
violation
of
any
applicable
anti
money
laundering laws and regulations.
xvii. The CLIENT will have no claim against WGC and will not
hold WGC responsible for any delay and/or differences
originating from a credit WGC's rates calculation and/or
commission
and/or
any
other
debit,
including
credit
companies’ identification regulations and any other demand.
In addition, the CLIENT will have no claim against WGC and
will not hold WGC responsible for any delay and/or
differences and/or any commission etc. originating from
banking system.
xviii. If the CLIENT gives an instruction to withdraw funds from
the Trading Account, WGC shall pay the specified amount
(less any transfer charges, if applicable) within Seven (7)
Business Days once a duly instruction has been accepted
and at the moment of payment, the CLIENT’s margin
requirements have been met. WGC may cancel the CLIENT
withdrawal order, if, according to WGC's discretion, the
remaining funds (after the withdrawal) shall not be sufficient
to secure open Position(s) in the Trading Account.
xix. WGC shall debit the CLIENT’s Trading Account for all
payment charges. If the CLIENT has the obligation to pay
any amount to WGC which exceeds the amount held in the
CLIENT’s Trading Account, the CLIENT shall immediately
pay such amount upon WGC's request.
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xx. WGC shall not provide physical delivery in relation to any
transaction. As mentioned above, profit or loss is credited to
or debited to or from the Trading Account (as applicable)
once the Transaction is closed.
3. FEES & CHARGES
i. WGC does not charge brokerage fees or commissions for
executing trades. WGC derives revenue from the spread on
Transactions (i.e. the difference between buy/sell prices
quotes offered by the Trading Platform to the CLIENT). It is
the CLIENT’s responsibility to decide whether or not it
wishes to trade at such prices.
ii. WGC charges a fee for transfers of funds standing to the
credit of a Trading Account from WGC to the CLIENT at its
prevailing transfer rate, and this amount will be a deducted
from the CLIENT’s Trading Account.
iii. WGC may levy an additional charge(s) on transfers of funds
to be credited to a Trading Account made by debit card or
credit card.
iv. WGC may introduce additional fees and charges, and may
change any existing fees and charges, at any time by giving
the CLIENT not less than 10 Business Days' notice of such
changes.
4. TRADING
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i. The Trading Platform supplied by WGC enables trading in
foreign exchange rates of different currencies, commodities,
CFD's and any other financial instruments made available
by WGC (all hereof: "Financial Instruments"). The Trading
Platform displays Indicative Quotes of exchange rates of
different financial instruments pairs, based on different
financial
information
systems,
as
the
most
updated
exchange rates in the international FOREX markets. For
determining the exchange rates for different time periods, the
platform is making mathematical calculations according to
known and accepted FOREX markets formulas. It is
acknowledged
by
both
Parties
that
due
to
different
calculation methods and other circumstances, different
trading platform and/or markets may display different price
quotes.
ii. WGC's Trading Services are available during regular FOREX
trading
hours,
Monday-Friday.
Transactions
are
automatically renewed (“rolled over”) from the day the
transaction is opened until the transaction is closed.
iii. A Trade is ended in any of these events: (A) the CLIENT
closes the transaction; (B) The transaction meets with stop
loss, take profit or other predefined criteria set by the
CLIENT or WGC under this Agreement; (C) the Transaction
expires according to the expiration time set by the CLIENT or
WGC, if applicable; (D) The CLIENT does not have sufficient
funds in their Trading Account to hold that transaction
open.
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iv. WGC does warrant that trading in the Trading Account will
be available at all times.
5. PLACING ORDERS
a) Orders may be submitted to WGC by WGC's electronic
Trading Platform via the internet, or by Email, fax or
telephone, unless WGC informs the CLIENT that particular
orders can only be given in a particular way. If any order is
received by WGC by telephone, computer or other way, WGC
may ask the CLIENT to confirm such order in writing. WGC
shall be under no obligation to act upon such order until
such confirmation is received. Orders for the simultaneous
sale and purchase of a financial instrument on behalf of the
same beneficial owner may not be given under this
Agreement (one shall cancel another).
b) The CLIENT authorizes WGC to rely and act on any order,
request, instruction or other communication given or made
(or purporting to be given or made) by the CLIENT or any
person authorized on the CLIENT's behalf, without further
enquiry on the part of WGC as to the authenticity,
genuineness authority or identity of the person giving or
purporting to give such order, request, instruction or other
communication. The CLIENT will be responsible for and will
be bound by all obligations entered into or assumed by WGC
on behalf of the CLIENT in consequence of or in connection
with
such
orders,
requests,
instructions
or
other
communication.
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6. CANCELLATION/WITHDRAWAL OF ORDERS BY THE CLIENT
i. If the CLIENT requests cancellation of any order, WGC can
only cancel such order if WGC has not acted upon such
order, or if otherwise agreed by WGC.
ii. WGC has the right, but not the obligation, to set, at its
absolute discretion, limits and/or parameters to control the
CLIENT's ability to place orders or to restrict the terms on
which a Transaction may be made. Such limits and/or
parameters may be amended, increased, decreased, removed
or added to by WGC and may include (without limitation): (i)
controls over maximum order amounts and maximum order
sizes; (ii) controls over total exposure of WGC to the CLIENT;
(iii) controls over prices at which orders may be submitted
(including, (without limitation, controls over orders which
are at a price which differs greatly from the market price at
the time the order is submitted to WGC’s order book); (iv)
controls over any electronic services provided by WGC to the
CLIENT
(including
,without
limitation,
any
verification
procedures to ensure that any particular order or orders has
come from the CLIENT); or (v) any other limits, parameters or
controls which WGC may be required to implement in
accordance with Applicable Regulations. WGC may in
addition require the CLIENT to limit the number of open
Transactions which the CLIENT may have with WGC at any
time. WGC shall notify the CLIENT of the limits and
restrictions applicable prior to CLIENT placing an order.
iii. WGC does not allow actions or non-actions based on
arbitrage
calculations
based
on
different
systems
or
platforms in the FOREX markets.
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iv. WGC is entitled, by its own discretion, to cancel any trade
that has been executed due or in connection with an error,
system malfunction, breach of the Agreement by CLIENT,
etc. WGC's record will serve as decisive evidence to the
correct exchange rates in the world markets and the wrong
rate quote given to the CLIENT, and WGC is entitled to
correct or cancel any trade based on the correct exchange
rates.
v. Trade
Reporting-
CLIENT
can
see
his
open
trades
("positions") and guarantee funds situation at any time by
accessing his Trading Account in WGC's platform and
viewing past trade's reports generated by WGC.
vi. Promotional Offers and Benefits - WGC may, from time to
time and upon a specific agreement with CLIENT, credit
benefits or bonus amounts to a Trading Account and a
CLIENT will be entitled to use such amounts to make trades
and satisfy any margin requirements under this Agreement,
but will not belong to the CLIENT and will could be
withdrawn from the Trading Account, unless specifically
agreed with Company.
7. PRIVACY AND DATA PROTECTION
i. Due to the nature of WGC's business and relations with the
CLIENT, WGC shall hold some personal CLIENT information.
All data collected, whether it is on paper or on a computer is
safeguarded in order to maintain the CLIENT Privacy.
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ii. WGC shall be permitted to use and/or disclose the CLIENT
Information (a) For internal use, including with affiliated
entities; (b) As permitted or required by law; (c) For
protection against or prevent actual or potential fraud or
unauthorized transactions or behavior (d) For computerized
supervision of CLIENT's use of the Services, review and/or
supervision and/or development and/or maintenance of the
quality of Services; (e) to protect WGC's rights or obligation
to observe any applicable law.
iii. The CLIENT hereby grants WGC his/her permission to make
use of his/her user details in order to provide updates
and/or
information
and/or
promotion
or
marketing
purposes through the CLIENTs e-mail address or other
contact information. Cancellation of this consent shall be
performed by providing written notice to WGC, and shall
apply to new publications that have not been sent.
iv. The CLIENT agrees that WGC may record all conversations
with the CLIENT and monitor (and maintain a record of) all
emails sent by or to WGC. All such records are WGC’s
property and can be used by WGC, amongst other things, in
the case of a dispute between WGC and the CLIENT.
v. Affiliation- WGC may share commissions and charges with
its associates, introducing brokers or other third parties or
receive remuneration from them in respect of contracts
entered into by WGC. Such affiliates of WGC may be
disclosed with CLIENT’s information.
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vi. WGC's Trading Platform, Website or other Services may
require and use of 'Cookies'.
8. ADVICE, INFORMATION & TAX
i.
WGC does not advise its CLIENTs in regard to the expected
profitability of any trading action or non-action, and any tax
or other consequences. The CLIENT represents that it has
been solely responsible for making its own independent
appraisal
and
investigations
into
the
risks
of
the
Transaction. The CLIENT represents that it has sufficient
knowledge, market sophistication and experience to make its
own evaluation of the merits and risks of any Transaction.
The CLIENT acknowledges that he has read and understood
the Risk Disclosure Document which sets out the nature and
risks of Transactions to which this Agreement relates.
ii.
Where WGC does provide market commentary or other
information:
(a)
this
is
incidental
to
the
CLIENT’s
relationship with WGC. (b) It is provided solely to enable the
CLIENT to make its own investment decisions; (c) that the
information, at the time it has been received by CLIENT, is
still updated.
iii.
WGC shall not be responsible for the consequences of the
CLIENT acting upon such trading recommendations, market
commentary or other information.
iv.
The CLIENT acknowledges that WGC shall not, in the
absence of its fraud, willful default or gross negligence, be
liable for any losses, costs, expenses or damages suffered by
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the CLIENT arising from any inaccuracy or mistake in any
information given to the CLIENT.
v.
WGC is under no obligation to assess the appropriateness of
any
Transaction
for
a
CLIENT
under
the
Applicable
Regulations, to assess whether or not the CLIENT has the
necessary knowledge and experience to understand the
nature of and risks associated with the Transactions. All
risks related to the above are under the sole responsibility of
the CLIENT.
vi.
Trader's Tax Allocations - Any tax applying on the CLIENT
and/or results from the CLIENT's trading activity, including
trading profits and/or trading losses and/or any charges
and/or deductions made from the CLIENT's Deposit or
CLIENT's Equity, shall be under the CLIENT's full and sole
responsibility. The CLIENT shall personally report and pay
any personal, federal, state and local tax liability he is
obligated to, if applied. WGC serves as a mediator only and
does not collect deduct, pay or withhold tax from the
CLIENT. WGC reserves the right, if ordered by an official
entity, to deduct tax from the CLIENT and deliver it to the
proper tax authority as ordered by the official entity.
9. CLOSING
AN
ACCOUNT
AND
CANCELLATION
OF
THE
AGREEMENT
i. Either party may terminate this Agreement by giving 10 (Ten)
days written notice of termination to the other subject to the
lock-in period mentioned above in Clause No. 3 (ii). Upon
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terminating notice of this Agreement, CLIENT shall be under
the obligation to close all open positions, otherwise, the
notice shall become void, or WGC shall have the right to
close all open positions without assuming any responsibility.
ii. Upon termination, all amounts payable by either party to the
other party will become immediately due.
iii. Termination shall not affect any outstanding rights and
obligations
according
to
the
applicable
law
and
the
provisions of this Agreement.
10. INDEMNITIES & LIMITATIONS OF LIABILITY
i. THE SERVICES OF WGC ARE PROVIDED "AS IS" AND "AS
AVAILABLE", AND COMPANY MAKES NO WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR PARTICULAR PURPOSE. WGC DOES NOT
WARRANT THAT COMPANY WEBSITE(S), SERVERS, OR EMAIL COMMUNICATION ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. WGC WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE
USE
OF
TRADING
PLATFORM
OR
WEBSITE(S),
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
ii. CLIENT acknowledges and agrees that the Trading Platform
follows the relevant market, whether the CLIENT is in front
of his computer or not, and whether the CLIENTs computer
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is switched on or not, and will exercise the order left by the
CLIENT if applicable.
iii. The CLIENT shall, upon first demand by WGC, compensate
WGC from and against all liabilities, damages, losses and
costs (including reasonable legal costs), duties, taxes,
charges, commissions or other expenses incurred by WGC.
iv. WGC shall have the right to set-off any amount owed by
WGC to the CLIENT, against any debt or other obligation of
the CLIENT towards WGC. In any event of Default of CLIENT
(voluntary or involuntary insolvency procedures against the
CLIENT) all debts, future debts and other obligations of the
CLIENT towards WGC shall become immediately due.
11. GENERAL PROVISIONS
i. WGC has the right to amend the Agreement without
obtaining any prior consent from the CLIENT. If WGC makes
any material change to the Agreement, it will give at least 10
(Ten) Business Days' notice of such change to the CLIENT.
Such amendment will become effective on the date specified
in the notice. Unless otherwise agreed, an amendment will
not affect any outstanding order or Transaction or any legal
rights or obligations which may already have arisen.
ii. Partial invalidity - If, at any time, any provision of this
Agreement is or becomes illegal, invalid or unenforceable in
any respect under the law of any jurisdiction, neither the
legality, validity or enforceability of the remaining provisions
of this Agreement nor the legality, validity or enforceability of
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such provision under the law of any other jurisdiction shall
in any way be affected or impaired.
iii. Joint Trading Account- If the Trading Account is a joint
Account (on the name of more than one entity), and then
each of the entities in the Account shall be authorized to
represent
the
other
entities
towards
WGC,
with
no
requirement of any prior notice or approval from the other
entities. Each of the entities in the Trading Account agrees
that any notice or instruction given by WGC to any of the
entities shall be considered as given to all the entities. In
case of contradiction between instructions given to WGC by
different entities, then the last instruction received by WGC
will prevail.
iv. Language, Notices and Complaints - All communications
between WGC and the CLIENT will be in English or in any
Language, suitable both to the CLIENT and WGC.
v. Unless otherwise agreed, all notices, instructions and other
communications to be given by WGC shall be given to the
address or fax number provided by the CLIENT, or via e-mail
or other electronic means, details of which are provided by
the CLIENT to WGC. Any complaint shall be directed to
WGC's CLIENT services department, who will investigate the
complaint and make every effort to resolve it.
vi. Governing Law- These Terms and any relationship between
WGC and the CLIENT shall be governed by law applicable in
the
Republic
of
India
and
subject
to
the
exclusive
jurisdiction of the Republic of India courts. WGC shall have
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the right, in order to collect funds owed to WGC by CLIENT
or to protect WGC's rights such as good-name, intellectual
property, privacy etc., to immediately bring legal proceedings
against CLIENT, in the CLIENT's residency and according to
the CLIENT's residency applicable law.
vii. No Right to Assign- No rights under this Agreement shall be
assignable nor any duties assumed by another party except
to/by an affiliate of WGC. Upon assignment to an Affiliate of
WGC, the terms of this Agreement may be amended to fit
any applicable regulation effective upon the assignee, and
CLIENT hereby consent in advance to such regulatory
modifications to this Agreement. This Agreement shall be
binding upon and inure to the benefit of the successors heirs
of the CLIENT.
viii. Dormant Trading- If the CLIENT will not perform any
trading activity or his trading activity will be in very low
volume, for the time period defined by WGC, or if the CLIENT
does hold minimum funds in his Trading Account, defined
by WGC, WGC may charge the Trading Account with
Dormant Trading commission, at a rate to be determined by
WGC from time to time.
IN WITNESS WHEREOF, THE PARTIES HAVE SIGNED THIS AGREEMENT
AS OF THE DATE HEREOF.
CLIENT
--------------
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WGC
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RECEIPT
Received from the CLIENT, M/s. / Mr. /Ms. ______________________________ an
amount
of
Rs.
_______________________/-
(Rupees
________________________________________Only) by cash / cheque / net banking
of ___________________________________Bank, Branch ________________________,
dated ____________________________, cheque / transaction no. _________________,
by WGC.
For M/s. WEALTH GLOBAL CONSULTANCY
AUTHORIZED SIGNATORY
I say, I received Rs. ________________________/- (Rupees
___________________________________Only)
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ANNEXURE
WGC shall make the payment of commission amount as described in Clause 3
(iii) of this Agreement dated ____________________ in the following manner:
S.NO.
CHEQUE
DATE
NO.
AMOUNT
BANK
BRANCH
(Rs.)
1
XXXXXX
??/??/2014 RS.XXXX/-
----------
-----------
2
XXXXXX
??/??/2014 RS.XXXX/-
----------
-----------
3
XXXXXX
??/??/2014 RS.XXXX/-
----------
-----------
4
XXXXXX
??/??/2014 RS.XXXX/-
----------
-----------
5
XXXXXX
??/??/2014 RS.XXXX/-
----------
-----------
6
XXXXXX
??/??/2014 RS.XXXX/-
----------
-----------
7
XXXXXX
??/??/2014 RS.XXXX/-
----------
-----------
SIGNED AND SEALED BY WGC
SIGNED AND SEALED BY THE CLIENT
M/s. WEALTH GLOBAL CONSULTANCY
M/s. / Mr. / Ms. ____________________
AUTHORIZED SIGNATORY
_____________________________________
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