Version 2 dated 18.10.2024

1. Introduction

• 1.1 Under the framework of this Agreement RannForex Limited (Co. No. 8427758-1, Date of Registration February 03, 2020, registered address: Suit 3, Global Village, Jivan’s Complex, Mont Fleuri, Mahe, Seychelles, License No.SD151 dated 17.05.2023) (hereinafter the “Company” or “RannForex”) shall provide investment services as follows.
• 1.2 The Company offers the “Client Cabinet” service under the terms of this public offer (hereinafter “Agreement”). Online Client Cabinet is required to reflect Your trading accounts, trading operations, non-trading operations with the Company as well as support facilities and preferences.
• 1.3 These Commercial Terms govern the Agreement entered into between the Company and the Client or customer (“You”, “Your”) and together with any amendments or additions must be read carefully.
• 1.4 If any part of this Agreement is found void or unenforceable, the balance of the Agreement shall remain valid and enforceable.
• 1.5 An advance payment made by the Client under the terms of this Agreement and its receipt by the Company is considered an unconditional acceptance of the terms of this Agreement. As soon as the Company receives the completed registration Form from the Client, every operation executed by the Client in the client’s Cabinet or on the trading platform is subject to the terms of this Agreement as well as any Appendixes and Addendums.
• 1.6 These Commercial Terms are in effect for existing as well as newly opened trading operations on the Trading Account. The Company will make every effort to notify the client of all relevant amendments before such amendments take effect. Such notification may be made in writing or electronically or by means of notification on the Website or by other means at the Company’ discretion.
• 1.7 Such notifications may not include margin requirements, spreads or the size of swaps, which can change over the course of a trading session as a result of various economic events. Additionally, the market may be suspended or the Company may suspend trading for one or more instruments, for which the Company does not bear responsibility.
• 1.8 The words “trading” and “trading operations” are interchangeable in these Commercial Terms.
• 1.9 Upon the Client’s acceptance of these Commercial Terms and the Company’ recognition of said party as a Client, the Client warrants to the Company that all trading operations the Client makes with the Company are carried out in accordance with these Commercial Terms.
• 1.10 Furthermore, the Client warrants to the Company that the Client will adhere to the below listed terms:

  1.10.1 If individuals:

  • a. The Client does not violate the laws of the country in which the Client is currently located;
  • b. The Client is of at least 18 years of age;
  • c. The Client is solvent and is not the subject of any bankruptcy proceeding or any other legal proceeding which could preclude the Client from adhering to these Commercial Terms;
  • d. The Client duly informs the Company of any changes in the Client’s personal information;
  • e. If the Client is employed in a regulated organization and has permission from a responsible party from the internal monitoring department, the Company possesses the right to present copies of trading operations on the Trading Account to the department of internal monitoring.

  1.10.2 If legal entities:

  • a. The Client will perform all client identification, know your customer, anti-money laundering (“AML”) and other due diligence with respect to each of its counterparties.
  • b. The Client will maintain, for the duration of using RannForex services under this Agreement and for not less than 5 (Five) years after, full and accurate records of all it’s book keeping and documentation, and will provide the Company with proof of its compliance with the foregoing upon request.
  • c. The Client hereby undertakes on an on-going basis that the Client or any of its officers, directors, employees, agents or other representatives shall comply with all applicable regulation, including all applicable anti-corruption and anti-money laundering laws (“Anti-Corruption Laws”).
  • d. The Client agrees to provide the Company with all information and assistance necessary for the Company to perform its obligations hereunder.
  • e. The Client shall at all times remain responsible to the Company for the completeness and accuracy of any information and documents provided to the Company.
  • f. The Client consents to the disclosure by the Company, its associated companies and their agents of any information or data in connection with or relating to the Client and/or this Agreement to the extent required by the Company’s liquidity providers, banks, exchanges, prime Brokers, data providers or the regulator.
  • g. The Client agrees not to use the Company’s name, trademark or proprietary indicia in any advertising, announcement, press release or promotional materials without the Company’s prior written consent.
  • h. The Client shall not permit any of its counter parties or third parties to use Company’s platform, API access other access information.
  • i. The Client understands and agrees as to the fact that any funds to be deposited with the Company, will not be kept in segregated accounts from the Company’s corporate accounts, and as such:
  • A. The Company will not hold the Client’s funds in accordance with the client money rules which are imposed by virtue of the applicable legislation.
  • B. The Client will transfer such funds to the Company by way of full title and ownership, and free of any encumbrance, security interest, lien or other restriction, for any purpose, including for the purpose of securing or covering the Client’s present, future, actual, contingent or prospective obligations to the Company. In addition, due to the fact that the title of the funds will have passed to the Company, the Client will no longer have a proprietary claim to those funds, and the Company will be able to deal with such funds in its own right, and the Client will rank as a general creditor of the Company, which means that in the event of the Company’s insolvency, the Client may lose all the funds that the Client will have deposited in the account(s) that they (i.e., the Client) will have maintained with the Company.
  • j. Each time the Client utilise or access the client cabinet and trading account, the Client represent and warrant to the Company that the Client has read, understood and fully adhere to and is responsible for complying with the terms provided by Company’s liquidity providers. The Company is not responsible for any suspension of account, trading, deposits or withdrawals with the relevant liquidity provider due to technical issues or whatsoever. The Company will inform the Client of any notifications received from the relevant liquidity provider on a commercially reasonable basis and is not responsible for any delay or omission in forwarding such notifications. The Client agree and acknowledge that where its assets/funds are transferred between the liquidity providers the Company is not responsible, in any respect, for any associated delays or failures in transferring of such assets/funds between liquidity providers.
  • k. The Company shall not be held responsible for any default by any of the Company’s nominees (whether or not such nominee is an associate of the Company).
• 1.11 The client may not receive access to the Internet sites or trading platforms which are in any way connected with the Company while located in the United States, Canada, Japan, Germany or any other country which prohibits conducting trading operations with companies located in the Seychelles.
• 1.12 If the Client violates at least one of the above listed terms while conducting trading operations, the Client remains responsible for all trades and the corresponding profit and loss of those trades.

2. General Terms

• 2.1 All prices or quotes that the Client may see in advertising campaigns, on television, or on the Company’ Website are indicative. Trading with the Company may only take place according to the prices displayed on the Company’ trading platform.
• 2.2 The Client agrees that the Company may contact the Client by means of e-mail. Additionally, the Client’s consent and signature may be obtained when needed by the Client’s pressing a specific key or by following the instructions on the screen through the Company’ Website.
• 2.3 The Client must take all reasonable steps to prevent computer viruses or similar programs from entering the Company’s network.
• 2.4 The Company has the right to transfer the rights and obligations under this agreement to third parties, having given the Client notice of at least ten calendar days.

3. Definitions (Terminology)

• 3.1 All definitions (terminology) used by the Company in these Commercial Terms and in other regulatory documents are defined in the Glossary of Terms and Definitions (GTD), which is located on the Company’ Website. The Company has the right to periodically amend the GTD without providing the Client prior notice.

4. Laws and Jurisdiction

• 4.1 These Commercial Terms govern all trading operations and orders of any kind which are carried out by the Client. This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with, the laws of Seychelles.
• 4.2 In the event the Client does not fulfill its obligations, the Company and its subsidiary organizations reserve the right to initiative legal proceedings against the Client, if doing so would be in the Company’ interest, in the courts of Seychelles and any court in any jurisdiction allowed by law, regardless of where the Client was located when the Client opened a Trading Account or carried out trading operations.
• 4.3 In the event of the demise of the Client and receipt by the Company of verification thereof, the Company shall immediately close all of the Client’s open positions as soon as it is possible to do so. The Client is relieved of all liability for losses or debts that may have arisen on the Client’s Trading Account.
• 4.4 The Client is liable for, and is obligated to fully compensate the Company for all expenses, charges, and court costs that the Company may incur as the result of the Client’s violation of these Commercial Terms or as a result of the Client’s negligence.
• 4.5 The maximum sum which the Company may be liable for in the case of financial loss sustained by the Client is equal to the initial margin requirement for the given trading operation.

5. Demo Accounts

• 5.1 The Company does not permit trading with real funds on demo or virtual accounts. All gains or losses are of a fictional nature and cannot be transferred to the Trading Account, cashed in, or in any other way redeemed. A demo account is for practice only and serves an exclusively demonstrative purpose.
• 5.2 Gains or losses sustained during the course of trading in a demo environment may not meet the expectations of the Client with regard to trading in a live environment. Currency pairs and CFDs are volatile instruments and may lead to rapidly accumulated gains or losses which exceed the initial deposit of the Client.

6. Service

• 6.1 The Company reserves the right to refuse to register the Client Cabinet and/or Trading Account for various reasons and is under no obligation to disclose those reasons.
• 6.2 The Company has the right at its own discretion to request information from credit history agencies with the aim of checking the Client’s data when opening a Trading Account.
• 6.3 The agreement concluded between the Company and the Client governs all Trading Accounts opened by the Client with the Company. This agreement governs all of the Client’s open and closed positions, orders, and all other trading or non-trading operations.
• 6.4 In the event the Company closes all or part of the Client’s trades, cancels entry orders and/or closes the Trading account, in accordance with this agreement, the Company has the right to consolidate the Client’s remaining funds onto any Trading Account opened by the Client with the Company or subsidiaries.
• 6.5 The Company reserves the right at its own discretion to use available funds on the Trading Account to extinguish its debt to the Company arising from other Trading Accounts. The Company may use any of the Client’s funds to extinguish any of the Client’s other obligations to the Company, including but not limited to court costs and interest.
• 6.6 If the client has Trading Accounts open in multiple currencies, the Company shall convert the funds on these Trading Accounts into one currency by using current market exchange rates of the main currencies.
• 6.7 The client acknowledges that these Commercial Terms, together with all amendments and additions are in force for all Trading Accounts opened by the Client with the Company and its subsidiaries, regardless of whether they are primary Trading Accounts or sub-accounts.

7. Obligations

• 7.1 The Company reserves the right to make amendments to the maximum size of the Trading Account which it may allow the Client to open. It may be the same or different for each account. The balance of the Trading Account may exceed the established limits for that Trading Account, however use of the funds in excess of the limit on the Trading Account for the purpose of carrying out trading operations is not possible.
• 7.2 The maximum size of the Trading Account is established upon the opening of the Trading Account and may be changed at any time without prior notice.
• 7.3 The maximum size of the Trading Account is established in USD and EUR and is applied to the Trading Account by means of a currency conversion.
• 7.4 If open positions exceed the maximum size of the Trading Account, either by mistake or for any other reason, the Company reserves the right, but is not obligated, to bring the Trading Account into conformity with the maximum size for that Trading Account by closing all or some open positions.
• 7.5 Profit or loss may be significantly greater than this restriction regardless of the maximum size of the Trading account.

8. Passwords

• 8.1 The Client is obligated to ensure the confidentiality, safety, reliability, and integrity of the login and password to the Client Cabinet and Trading Account and may not under any circumstances disclose this information, which is used by the Company for authentication of the Client.
• 8.2 If you have reason to believe the security of your Client Cabinet or Trading Account has been compromised, you must inform us of this immediately. The Company is not liable for the unsanctioned use of your Client Cabinet or Trading Account.

9. Contact Information

• 9.1 When opening a Client Cabinet or Trading Account, the Client is obligated to furnish the Company with current and accurate contact information including a telephone number at which the Client can be reached during the day, e-mail address, and actual address of residence. The Client is obligated to inform the Company of any changes to this information.
• 9.2 All trading operations on the Trading Account must be carried out by the Client or by a trading robot activated by the Client, and not by any third party. If the Client has authorized a third party to carry out trading operations on the Client’s Trading Account, the Client nevertheless bears all responsibility for trading operations performed on the account.
• 9.3 Trading operations and setting pending orders can be performed only through the trading terminal over the Internet.
• 9.4 The Client consents to the Company recording all telephone conversations between the Company and the Client. These recordings are the property of the Company and can be used as evidence during any dispute.
• 9.5 The Company shall regularly send the Client statements for the Client’s Trading Account by e-mail. If the Client notices an error in the statement, the Client must inform the Company of the error within three calendar days.
• 9.6 The Company has the right to contact the Client by telephone, e-mail, or any other method at any time in order to notify the Client of, or discuss any aspect of trading activity, regardless of whether or not it directly concerns the Client.
• 9.7 Any correspondence (documents, notifications, confirmations, announcements, records, and others) are considered to have been received by the Client:
  • 9.7.1 Within 1 (one) hour of having been sent by e-mail;
  • 9.7.2 Immediately after having been sent by internal mail to the trading platform;
  • 9.7.3 Immediately after having been sent by fax;
  • 9.7.4 Immediately upon conclusion of a telephone conversation;
  • 9.7.5 Within 7 (seven) days of having been sent by mail;
  • 9.7.6 Immediately after an announcement has been posted in the “Company News” section of the Company’ Website;
  • 9.7.7 Immediately after notification has been posted in the Client Cabinet.

10. Commissions/Expenses/Taxes

• 10.1 The Client bears sole responsibility for deducting from the Client’s income any tax liabilities which may arise as the result of the Client carrying out trading operations. If the Client has any questions or doubts concerning taxes, the Client is advised to seek independent consultation from the appropriate authorities in the Client’s tax jurisdiction.
• 10.2 The Company has the right to transfer any expenses or cost to the Client that may arise in the future due to changes in the law.
• 10.3 The Company reserves the right to transfer any expenses or cost to the Client that may arise from changes in the terms or requirements of the company’s counteragents.
• 10.4 The Company is not required under any circumstances to reveal any information about profit received, interest or any other form of income.

11. Deposits/Withdrawals/Balance

• 11.1 The Client may make a deposit to its Trading Account in the Client Cabinet at any time by using the Company’ Website, where the available methods of deposit to Trading Accounts are listed. The list is regularly expanded.
• 11.2 The Client understands and acknowledges that the Company does not pay any form of accrual or interest to funds which are located on the Trading Account.
• 11.3 The Client may carry out trading operations on the Trading Account as soon as the funds are posted to the balance of the Client’s Trading Account. If you would like to carry out trading operations on your Trading Account that require more funds than the size of your Trading Account, you will need to deposit additional funds to this Trading Account.
• 11.4 The Client may send a request to withdraw from its Trading Account a sum no greater than the amount of free funds on the Trading Account. If from the time of the Client’s request to the time the request is processed the amount of free funds on the Trading Account has changed such that the requested sum is now unavailable, the request will be rejected and the Client will be notified of this. The Company reserves the right to decline to make a payment if it determines it necessary in order for the Client to make future short-term payments.
• 11.5 The Company does not under any circumstances accept payments from third parties and does not make payments to third parties, with the exception of those instances when the Company chooses to do so at its own discretion in strict accordance with legal procedures for preventing money laundering.
• 11.6 If the Trading Account is inactive or unused for a period of five years, the Company may attempt to contact the registered owner of the Trading Account. In the case of the demise of the Client, the Company will attempt to contact the heir. All reasonable steps will be taken to determine the new accountholder. However, if within 12 months, the Company is unable to determine the new accountholder, the Company has the right to close the Trading Account and consider the funds on it as not belonging to the Client.

12. Non-Trading Operations

• 12.1 Also governing the relations between the parties are the terms of use of the Client Cabinet as well as the terms for carrying out certain non-trading operations as described in the Regulations for Non-Trading Operations (RNTO), which are located on the Company’ Website. the Company has the right to periodically amend the RNTO of which the client will be given prior notification.

13. Trading Operations

• 13.1 Also governing the relations between the parties are the terms for carrying out trading operations as described in the Regulations for Trading Operations (RTO), which are located on the Company’ Website. The Company has the right to periodically amend the RTO of which the client will be given prior notification.

14. Force Majeure

• 14.1 Force majeure circumstances are considered to be such unforeseen events as natural disasters, war, sabotage, technical malfunctions, loss of internet connection, as well as a complete lack of liquidity in the market.
• 14.2 In the event of the occurrence of one or more of the above-listed events and its designation by the Company as a force majeure circumstance, the Company ceases being bound to the obligations of this agreement and will not be liable for any consequences of such an event.
• 14.3 The Company is required to provide the best possible prices and ensure the best possible execution during force majeure circumstances.

15. Authorized Individuals

• 15.1 Only the Client who is the owner of the Trading Account may carry out trading operations on the Trading Account.
• 15.2 If the Client intends to provide third parties the opportunity to trade on the Trading Account, the Client does so at the Client’s own risk.
• 15.3 Third parties are not allowed to make any kind of payments on the Trading Account.
• 15.4 The Client is fully responsible for all trading operations carried out on the Trading Account as well as for all payments and debts related to the Trading Account.
• 15.5 The Client is obligated to maintain the integrity and confidentiality of the login information and passwords which were specified when registering the Trading Account or the Client Cabinet. The Company does not bear responsibility for any unsanctioned use of this information by third parties, or any losses sustained due to third party use.

16. Website

• 16.1 The Company does not bear responsibility for any computer viruses or other harmful software which the Client may have gotten from the Company’ Website or from the Internet trading application.

17. Introducing Broker

• 17.1 The Company may use the services of introducing brokers in various areas of its operations, but does not bear responsibility for any information given by them to the Company or to the Client, including information published on the Company’ Website.
• 17.2 The Company does not bear responsibility for any loss arising as a result of any action or lack of action taken by the Client based on information received from the Company or from an introducing broker.

18. Intellectual Property

• 18.1 The intellectual property rights for all websites controlled by the Company including the sites of the Company subsidiary companies and their trading names belong to RannForex.
• 18.2 The above-stated includes all trademarks, charts, databases, advertisements, prices, information about the market, information about the product, the site’s design, logos, and all other parts of the Company’ Website. Nothing may be copied, reproduced or distributed without the Company’ prior permission.
• 18.3 Introducing brokers and software providers listed on the Company’ Website or connected with the Company are also owners of the intellectual property rights of their products. The Company is not responsible for any losses or damages which the Client may have sustained when using information offered by such individuals.

19. Confidentiality and Data Security

• 19.1 By accepting these Commercial Terms, the Client agrees to provide the Company personal information which will be used by the Company to open, manage, and service the Client’s Trading Account.
• 19.2 The Company may not transfer the Client’s personal information to third parties with the exception of processing centers, for the purpose of providing services under this Agreement, checking credit cards, law enforcement agencies, any financial or other regulators, the Company auditors, and employees which work with the Client’s claims.
• 19.3 The Company may give the Client’s personal information to companies which make up group of companies with RannForex if it is necessary for providing the Client a service.
• 19.4 The Company has the right to give the Client’s personal information, with the exception of information about open positions, to other companies which offer margin trading and which need recommendations.
• 19.5 A large amount of information about Clients comes directly from the Clients themselves, although the Company reserves the right to receive information about Clients from other sources such as credit history agencies, the Electoral Register, or fraud prevention institutions.
• 19.6 The Company has the right to use this information for ensuring the best possible service for Clients or for informing Clients about new products of the Company.
• 19.7 All the Company’s employees are fully informed of the rules for handling confidential information.
• 19.8 Clients’ personal information is stored in databases on computers or in paper archives which have reliable security systems. Unauthorized persons do not have the right to access these areas of storage.
• 19.9 The Company’ Website uses cookies (files with information about the user) in order to more efficiently provide the Client with needed information as well as quicker navigation. The Client may choose to disable this function by adjusting the settings in the Client’s computer. This may, however, affect the Client’s ability to view different parts of the Company’ website or affect the Client’s access to certain services offered by the Company.
• 19.10 The Company shall make every possible effort to maintain the Client’s current information. The Client bears responsibility to notify the Company of any changes to the Client’s personal information in a timely fashion.

20. Trading Responsibility

• 20.1 The Company wishes each of its Clients to be successful. However, this cannot always be realized. In such situations the Client is obligated to bear responsibility for its actions and shall not permit sustaining greater losses than the Client can afford.
• 20.2 It is possible that all the funds on the Trading Account can be lost. It is important that the Client read the Risk Notification before beginning to trade.
• 20.3 The Company does not recommend borrowing funds, spending more than the Client can afford, or trading with funds which have been allocated for other purposes.

21. Opening/Closing of the Account

• 21.1 After submission by the Client of online registration Form to open the Client Cabinet the Company shall reviw the supporting documents of the Client. Supporting documents shall include identity-confirming document (ID/Passport) and/or corporate documents, confirmation of registered address and/or current place of residence. The Company may request additional documents and information (e.g. a document concerning education, confirmation of the source of the Client’s income, etc.). After the review the Company shall open an Account in Client’s name to accept an advance payment.
  Such Account shall be blocked till final review by the Company of the online registration Form and completion of compliance procedures. The Company shall reserve the right to refuse to activate an Account for any reason whatsoever and in this event, the Company is obligated to return using any available method any funds available thereof.
• 21.2 The Company reserves the right to close any Client’s account without disclosing the reasons. In this event, the Company is obligated to return using any available method all funds located on the Account at the moment it was closed, deducting all amounts owed by the Client before transferring the remaining balance to the Client.
• 21.3 The Client shall have the right to close any of Client’s account online any time. In this event, the Company is obligated to return using any available method all funds located on the Account at the moment it was closed, deducting all amounts owed by the Client before transferring the remaining balance to the Client.

22. Procedure for Filing a Claim

• 22.1 Despite all efforts made by the Company to service its clients at the highest possible level, the Client is not always satisfied with the results of the Company’ service.
• 22.2 In this case, the rules for filing a claim set forth in the relevant Company regulatory documents are applied.

23. Termination

• 23.1 Both parties hereto may terminate the Agreement with immediate effect by giving notice to the other party at any time. Termination shall not affect any accrued rights or obligations. Upon termination, the Company shall undertake to complete all open contracts in accordance with this Agreement, terms and conditions, and trading policies. Upon termination, the Company is entitled to deduct all amounts owed by the Client before transferring the remaining balance to the Client.
• 23.2 This Agreement shall also be terminated in case of death of the Client, upon official application from the official heirs within one year from the date of death.

24. Indemnification

• 24.1 Client’s being legal entities hereby accept:
  • 24.1.1 The Client shall indemnify and keep the Company indemnified and harmless against any and all losses, damages, costs, expenses, liabilities and claims which the Company may suffer as a result of a failure by the Client to satisfy any of its obligations (as deriving through the Agreement).
  • 24.1.2 The Client shall at all times whether during or after termination of this Agreement indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and affiliates (the “Indemnified Party(ies)”) from and against any and all losses incurred by or awarded against an Indemnified Party or which is agreed by the Company to be paid by way of settlement or compromise resulting from any third party claim, suit, action, investigation or proceeding brought against an Indemnified Party based on: (i) any breach of this Agreement by the Client and (ii) any claim made by a Customer related to their use of any of the Client’s products and (iii) any claim made by a Customer related to their trading relationship or Customer Agreement with the Client.
  • 24.1.3 The Client shall fully and promptly indemnify the Indemnified Parties from and against any taxes and all claims, proceedings, expenses, costs, losses, damaged and liabilities of every description which may be sustained or incurred by, or asserted against, the Company, its officers, directors, employees, agents and affiliates in connection with or arising out of the settlement of any Prime Brokerage Order and the performance of the Prime Brokerage Services provided pursuant to this Agreement.
  • 24.1.4 In the event where the Company will be found liable to the Client, the Company’s total liability in respect of all claims arising in connection with the Agreement shall be limited to USD 10,000.
• 24.2 The Company will not be liable under this Agreement for any indirect or consequential loss, including any loss of profits, loss of goodwill or loss of business opportunities.
• 24.3 The Client shall (and the Company shall not) be solely responsible for ensuring that the use of the platform by the Client from any location is fully in accordance with all applicable local laws and regulations, and the applicable legislation.
• 24.4 The Parties agree that the limitations on liability (as indicated in this Article 24) have been subject to commercial negotiation and are fair and reasonable having regard to the circumstances which are, or ought reasonably to be, known or in the Parties contemplation.