Client Agreement
Final binding agreement between the client and MI-Markets.
1. Introduction & Regulatory Status
1.1. This Client Agreement ("Agreement") is entered by and between MY INVESTMENT MARKETS (the "Company") and the Client.
1.2. The Company is authorised and regulated by the Financial Services Commission ("FSC") Mauritius as an Investment Firm (License GB24203684).
1.3. This Agreement sets out the terms upon which the Company will deal with the Client in respect of CFDs.
1.4. The Agreement shall govern all CFD trading activity and sets out matters required to be disclosed under Applicable Regulations.
2. Interpretation of Terms
2.1. Defines key operational terms: Access Data (Passwords/Codes), Affiliate, Applicable Regulations (FSC Rules and Mauritius Laws), Base Currency, Quotes Flow, and Slippage.
2.2. Client Terminal shall mean MetaTrader 4, MetaTrader 5, and any subsequent versions.
2.3. Scalping is defined as opening/closing positions within a very short duration to exploit latency or price errors.
3. Commencement & Account Activation
3.1. This Agreement is binding upon the Company and the Client's heirs/successors.
3.2. The Agreement takes effect when the Company sends an account opening notice and upon the first funding of the Client's Account.
3.3. Clients must deposit the minimum initial deposit applicable to their account type.
3.4. The Company is not required to accept the Client until all KYC documentation is received.
4. Client Categorisation
4.1. Clients are categorized as Retail, Professional, or Eligible Counterparties.
4.2. Retail Clients receive the highest level of regulatory protection.
4.3. The Company relies on the accuracy of information provided in the Application Form.
4.4. The Client must notify the Company immediately if their financial situation or experience changes.
5. Capacity
5.1. The Client acts as a Principal and not as an agent or representative for any third party.
5.2. All obligations under this Agreement are owed directly to the Client.
5.3. The Company may act as a Principal on its own account or as an Agent for third-party execution venues to ensure liquidity.
6. Data Privacy & Communications
6.1. Client data is a unique asset and belongs to the Client.
6.2. Disclosure is limited to a "need-to-know" basis for service providers.
6.3. Recording: All telephone conversations and electronic communications may be recorded and used as conclusive evidence.
6.4. The Company may use printed media storage to maintain permanent records of account signatures.
7. Services & Investment Advice
7.1. Services include: Receiving/transmitting orders, foreign currency services, and safekeeping of instruments.
7.2. No Investment Advice: The Company does not provide advice on the merits of any Transaction.
7.3. Expert Advisors (EA): The use of EAs and Trailing Stops is allowed but executed under the Client's sole responsibility.
8. Trading Procedures & Order Execution
8.1. Quotes are obtained from major Tier-1 Liquidity Providers.
8.2. Market Execution: Orders are executed at the best available market price.
8.3. Abusive Trading: Scalping and Pip-Hunting involving latency arbitrage are prohibited.
8.4. Slippage: During high volatility, slippage may occur.
9. Margin Requirements
9.1. Clients must maintain Initial and Hedged Margin as specified in Contract Specifications.
9.2. Stop-out Policy: If Equity falls below the required percentage, the Company has the right to close Open Positions without consent.
9.3. The Company has no obligation to make Margin Calls.
9.4. Margin must be paid in cash; non-cash collateral is accepted only at the Company's discretion.
10. Confirmations & Errors
10.1. Trade confirmations are sent via email or the Trading System's internal mail.
10.2. Confirmations are deemed conclusive unless the Client contests them within two (2) Business Days.
10.3. The Company reserves the right to correct manifest errors.
11. Decline of Client's Orders
11.1. The Company may refuse to execute any Order if: (a) Free Margin is insufficient; (b) Abnormal market conditions exist; (c) Suspected money laundering; (d) Market manipulation; or (e) Force Majeure events occur.
11.2. The Client has no right to claim damages if an Order is declined under these conditions.
12. Dormant & Inactive Accounts
12.1. Accounts with no activity for six (6) months are considered Dormant.
12.2. Dormant accounts are subject to an Inactivity Fee of 20 USD per month.
12.3. Accounts remaining dormant for twelve (12) months will be closed.
12.4. Reactivation requires new KYC/CDD procedures and a fresh deposit.
13. Regulatory Provisions & Record Keeping
13.1. The Company may take any action necessary to ensure compliance with FSC Mauritius rules.
13.2. Statutory Retention: The Company will maintain all Client records for at least SEVEN (7) years after the termination of the Agreement.
14–20. Governing Law, Severability & General Provisions
14.1. This Agreement is governed by the Laws of the Republic of Mauritius.
15.1. If any part of this Agreement is held to be unenforceable, the remaining provisions shall not be affected.
16.1. The Company's failure to exercise any right shall not constitute a waiver.
17.1. The Company may transfer, assign or novate any rights under this Agreement.
18.1. Corporate Events may result in adjustments at the Company's discretion.
19.1. The Company has the right to combine Client Accounts and set-off balances.
20.1. Currency conversions may be effected at prevailing market rates.
21–25. Commissions, Deposits & Client Money
21.1. Services are subject to Spreads, Commissions, and Swaps.
22.1. The Company does not accept third-party payments.
22.2. Withdrawals processed within five (5) Business Days.
23.1. The Company may charge or waive transfer fees at its discretion.
24.1. Client funds are kept in Segregated Client Accounts.
25.1. Notices to the Company must be in writing.
26–31. Complaints, Force Majeure & Termination
26.1. All complaints must follow the Complaint Handling Policy.
27.1. Electronic signature has the same legal effect as an original signature.
28.1. Force Majeure includes war, terrorism, natural disasters, or regulatory bans.
29.1. Time shall be of the essence in this Agreement.
30.1. Events of Default include failure to provide Margin, bankruptcy, breach of terms, or engaging in prohibited strategies.
31.1. Each Party may terminate this Agreement with immediate effect by giving Written Notice.
32–39. IB, Liability, Representations & Amendments
32.1. The Company is not responsible for the conduct of Business Introducers.
33.1. The Company is not liable for losses unless due to gross negligence.
34.1. Client warrants all provided info is true and accurate.
35.1. The Company may act as a Principal (Market Maker).
36.1. Trading in CFDs carries a high degree of risk.
37.1. The Company has the right to amend terms at any time.
38.1. Amendments are deemed accepted if the Client continues to use services.
39.1. This Agreement constitutes the entire agreement between the Parties.