CONTRACT FOR PROVISION OF SERVICES
Contract for the provision of services (hereinafter – the “Contract”) has been entered into between the Parties (hereinafter collectively the “Parties” and each individually the ‘Party”): the Client and HS Group Ltd. (International Business Company), registered at the following address: Suite 305, Griflith Corporate Centre, Beachmont, Kingstown, St. Vincent and the Grenadines, P.O. Box 1510, registration number 23956 IBC 2017.
Contract specifies the main provisions and principles on which the relations of the Parties are built.
Meaning of terms used in this Contract:
– Acceptance (in all cases of use in the text of the Contract) – such actions as acceptance by the Client of all material provisions of the Contract with the subsequent on-line registration of the Client as a client of the Company on the Website, provided that the funds are credited to the main account by means established by the Company.
– Payment of funds – actions of the Company related to payment of funds to the Client available on its main account, which can be transferred to the Client’s account in banking and financial institutions and/or carrying out of payment in favour of the Client involving a third person – a partner of the Company and/or carrying out of payment using payment services/equipment/modules/ applications/websites and/or carrying out of payment using available electronic payment systems and financial institutions, less commissions, fees and other obligatory payments, which are borne by the Client.
– Crediting of funds to the Key Account – payment made by the Client by transferring funds to the accounts of the Company in the banking and financial institutions and/or carrying out of payment involving a third person – a partner of the Company and/or carrying out of payment using payment services/equipment/modules/ applications/websites and/or carrying out of payment by the Client using available electronic payment systems and financial institutions. The list of current payment systems and services by means of which funds are transferred to the Key Account, is posted on the Website.
– Investment tools are options and services, which are presented on the Website and can be used by the Client at its discretion for the purpose of investment, including in the Forex market, taking into account the order established of the Company, including but not limited to:
а) Trade is the Company’s granting the possibility to the Client by to perform marginal trading transactions on exchanging and non-exchange financial markets independently;
- b) PAMM is the Company’s granting the possibility of organizing Accounts on the basis of percent allocation management module, when the Client can act as a manager of one or more Accounts, carrying out Trade, and act as an investor to the Accounts of executives, followed by proportional distribution of profits.
– Client identification – for an individual – establishment and documentary evidence of their identity and address of residence. For a legal entity – establishment and documentary evidence of its basic requisites, types of economic activities, location, governing bodies, identity of persons entitled to manage the Account.
– Client – depending on the investment tool, an individual or a legal entity accepted the Contract not related to prohibited activities, including the activities of legalization (laundering) of proceeds derived from crime and terrorist financing, and being a resident of the country announced by the Company as acceptable for cooperation. Thus: а) an individual implies an adult (over 18 years old) person; б) a legal entity may be a resident of the country, the list of which is specified on the Website when registering.
– Personal Page (PP) is a personal page of the Client on the Website, access to which is provided to the Client with Acceptance for the purpose of their identification; tracking of regulations and the Client’s use of investment tools of the Company; posting of procedures established by the Company, as well as advertising and reference information, transfer of funds to the Key Account and payment of funds.
– Software (SW) – the program and/or programs and/or their combination and parts, as well as procedures and rules of record keeping systems and accounting information, including the provision (supply) of liquidity and other modules related to the operation and management of the Company’s computer systems.
– Public offer is a procedure for the conclusion of the Contract for the provision of services, as well as its integral annexes: additional agreements, rules, etc., when these documents are considered to be concluded between the Parties in a proper manner from the date of Acceptance of contained essential conditions, which are posted on the Company’s official Website.
– Website – the Company’s official site: https://aliorfx.com/
– Accounts are different accounts presented on the Personal Page, opened by the Company with the help of the Trading platform to enable the Client to use investment tools. In particular, but not limited to:
а) Key account (KA) is the account opened by the Company for the Client for accounting of amounts of funds crediting to the Key Account, enforcement of the Client’s right for the use of the investment tools and disbursement of funds.
- b) Subaccounts depending on an Investment tool – trading, investment, etc.
– Trading Platform is the software «Utip Trader», on the basis which the Investment tools are provided by the Company.
– Order established by the Company (in all possible contexts and cases of use) is the order and ways to implement certain actions, or direct instruction of the Company to refrain from carrying out certain actions, announced by the Company using the following means: definitions in the Contract (including its Annexes), publications on the Website, including Personal Pages.
– Force majeure is any action, event or phenomenon, including, but not limited to, a strike, riot, civil disturbances, acts of terrorism, floods, unusual weather conditions, earthquakes, fires, wars, rebellions, accidents, action or acts of government, technical failures or disruptions, as well as the elimination or any temporary suspension of the activity of a key counterparty of the Company or of any of the markets, which the Company reasonably reckons as the circumstances of force majeure preventing the fulfilment by the Company of its obligations.
- Scope of Contract.
1.1. The Company provides the Client with the access to the Trading platform, so that the Client is permitted to use the Investment tools for the purpose of profittaking, and the Client accepts the Contract, which means the Client’s insight into the terms of the Contract and its consent to receive services in accordance with the order established by the Company.
1.2. With the Acceptance of the Contract:
1.2.1. The Client is provided with access to its Personal Page;
1.2.2. The Accounts and Investment tools become available.
1.2.3. Communication and cooperation between the Parties is carried out by means of:
– The Website, including services of the Personal page and the official forum of the Company;
– the electronic mail the addresses of which are listed on the Website;
– the feedback forms published on the Website;
– the official telephone communication using telephone contacts published on the Website.
- Basic rights and obligations of the Parties.
2.1. The Client’s rights:
2.1.1. To use the Investment tools in their own way and at their discretion, but observing the Order established by the Company;
2.1.2. The Client has the right to fulfill payment of funds in accordance with the terms of the Contract and the Order established by the Company;
2.1.3. To communicate with the Company in a way and manner prescribed on the Website;
2.1.4. To receive information from the Company on all issues related to the Investment tools and other provisions of the Contract;
2.1.5. To participate in campaigns, lotteries, exhibitions and other events organized by the Company for the Client;
2.1.6. To attend regional front offices of the Company for the purpose of communication with the official representatives of the Company, obtainment of necessary information regarding the Investment tools, as well as the existing shares of the Company.
2.1.7. To receive the Company’s confirmation of the conclusion of the present Contract, in the event of the Client’s provision of evidence of inability to fulfill their rights under the Contract.
2.2. The Client is obliged:
2.2.1. Prior to Acceptance, to get acquainted with the conditions the Contract and information posted on the Website, including the Risk reporting, and with the Contract Acceptance in order to follow strictly to the terms of the Contract and other Orders established by the Company, to get acquainted with their amendments published on the Website.
22.214.171.124. After the Acceptance, the Client is provided with access to only one Personal Page, unless the Parties mutually agree otherwise.
2.2.2. To provide to the Company complete and accurate information about themselves when registering and at request of the Company, and no later than three (3) calendar days after the occurrence of changes, to notify the Company of changes in their data and contact information.
2.2.3. To bear personal responsibility for the quality of Internet-communication and telephone communication, to which the Client is connected.
2.2.4. To take all possible measures to prevent unauthorized access by third parties to their personal device (computer, tablet computer, phone, etc.) by means of which entrance to the Website is performed as well as gaining access to the Personal Page; and to prevent the possibility of access by third parties to the Accounts and information about them.
2.2.5. To use possibilities of the Trading platforms for the purposes stipulated by the Contract, excluding any interference in the Software and attempts to influence the functioning of the Trading platform and Website.
2.2.6. To resolve independently issues of taxation and declaration of their profit, as well as issues arising on the side of banking and financial institutions; payment services/equipment/modules/ applications/websites and/or electronic payment systems and financial institutions, whose client the Client is, as well as to pay for their services, commissions and other payments established by them in connection with the disbursement of funds.
2.2.7. Not disclose to any third parties or distribute (publish), including web resources and mass communication media, false information about the Company, and information discrediting business reputation of the Company, the honour and dignity of persons associated with the Company.
2.2.8. To inform promptly the Company of receiving contradictory, controversial information or differing from information being distributed by the Company, information on Investment tools, the Company’s active shares and other information capable of affecting the Client’s financial position.
2.3. The Company has the right:
2.3.1. To request the Client’s documents certified in accordance with the Order the established by the Company in order to confirm the identify (status) of the Client; the address of their residence (location), as well as other documents for the purpose of identification of the Client and/or the avoidance of doubt regarding the authenticity of the data specified by the Client when registering on the Website and/or in order to verify the authenticity of the identity of the recipient of funds.
2.3.2. To form the accounting bases of the Clients, their personal data and their transactions.
126.96.36.199. The Client agrees that the Company is entitled to gather, systematize, collect, store, destroy, update, modify and process by other non-proscribed way and distribute the Client’s personal data for purposes related to the execution of and compliance with the provisions of this Contract and the interests of the Client.
2.3.3. To record telephone conversations with the Client and retain email correspondence with the Client for the purpose to use them as evidences in resolving possible conflict situations.
2.3.4. For the provision of services under the Contract, to engage third parties – partners – and to assign operation companies from the group of companies, which are responsible for the provision of certain services;
2.3.5. To block access to Personal Pages and Accounts fully or partially in cases of detection of obtainment of Accounts for management by third parties and/or breach of Contract from the side of the Client.
2.3.6. To prescribe minimum and maximum amounts of funds credited to the Key Account and minimum amounts for investment depending on the Investment Tools.
2.3.7. To change/modify/supplement unilaterally the provisions of the Contract.
2.3.8. To derive financial benefit from the results of interaction with the Client, to set tariffs and collect payment notifying the Client about it.
2.4. The Company is obliged:
2.4.1. To immediately report, through publications and publishing of information and documents on the Website, all changes clarifications/additions to the provisions of the Contract.
2.4.2. Not to distribute information relating to the Client to anyone except for its employees, trustees and partners in the volume necessary for the enforcement of the Client’s rights, unless otherwise provided for the Contract.
2.4.3. To immediately block access to the Personal Page and/or the Client Accounts in the event of receipt of the Client’s notification about unauthorized access by third parties until sufficient measures are taken in order to change the data required to access the Personal Pages and the Client’s Accounts.
2.4.4. To deny provision of services to the Client in the event of partial acceptance of the Contract and/or failure of crediting the Company’s Key Account with funds.
- Order of crediting funds to the Key Account and Payments of Funds.
3.1. For the purpose of crediting of funds to the Key Account, the Client shall perform payment using one of the means indicated on the Website, in the amounts established by the Company and/or its partners involved in order to fulfill the conditions of the Contract and/or mentioned on the Website.
3.1.1. Investment transactions are carried out by the Client from the Key Account by means of subaccounts.
3.1.2. The Company has the right to charge the Client a fee for the performance of the individual orders, the amount, cases and order of payment of which are posted on the Website.
3.1.3. The currency of funds crediting to the Key Account and the procedure for its conversion are determined by the Company.
3.1.4. The terms of funds crediting to the Key Account are between 1 (one) to 3 (three) banking days from the date of payment by the Client, depending on the method of payment.
3.2. Payment of funds in favour of the Client is possible only from the funds of the Key Account not involved in the Investment Tools, and in a manner similar to crediting of funds to the Key Account.
3.2.1. Payment of funds is carried out in connection with the Client’s request and may take from one (1) to ten (10) banking days, depending on the method of payment.
3.2.2. Payment of funds is considered to be carried out from the moment of funds crediting to the Client’s account in a bank, other financial institution or account/wallet, etc. in a selected by a Client payment services/equipment/modules/applications/website/ electronic payment system.
3.3. Crediting of funds to the Key Account and Payment of funds through bank accounts is possible only in the case of the Client Identification. Identification of the Client may also be required in the cases established by the rules of payment systems and services that are used by the Client for crediting of funds to the Key Account and Payment of funds.
3.4. Payment for services and commissions of banking and financial institutions; payment services/equipment/modules/ applications/websites and/or electronic payment systems and financial institutions rests with the Client, in connection with which Crediting of funds to the Key Account and payment of funds are performed with the deduction of relevant amounts as well as the Company’s amount of remuneration (if such remuneration is provided), or the corresponding amounts are deducted from the Accounts by default.
3.5. In exceptional cases, when for some reasons, Payment of funds cannot be carried out in a manner similar to Crediting of funds to the Key Account, the Client, as a separate procedure, agrees upon the manner and method of funds Payments with the Company.
3.6. In any matter not covered by this section of the Contract, the Parties shall be guided by additional agreements and information available in the relevant sections of the Website.
- Liability of the Parties.
4.1. The Client is solely responsible for transactions carried out by the Client and other actions using the Investment tools, as well as the results of their use, using them on their own, according to their own inner convictions.
4.1.1. The Company is not responsible for the actions and results of actions, including damages caused to the Client, the Client’s authorized persons, including persons controlling various Accounts, as well as consultants, advisers and other specialists, recommendations which the Client uses, government agencies, banks.
4.1.2. Under this Contract, the Company shall not be liable to third parties due to actions or omissions of the Client.
4.2. In case of not adhering to item 2.2.2. of the Contract and/or item 2.3.1. and/or item 3.3. of the Contact, the Company shall not be liable in case of Payment of funds using incorrect details indicated by the Client and/or using any incorrect data identifying the Client, and it is not responsible for delays in the Payment of funds or other difficulties encountered by the Client.
4.3. In case of not adhering to item 2.2.4. of the Contract, with the result that data for access to the Personal Page and the Accounts have become available to third persons, which has resulted in a financial loss for the Client, the responsibility rests with the Client, the Client does not prove otherwise.
4.3.1. The Company is not responsible for the actions of third parties and the results of such actions in the case of their access to the Personal Page and Accounts authorized by the Client or a person authorized by the Client.
4.4. The Client’s violation of items 2.2.1, 2.2.2. of the Contract regarding personal data garbling for the purpose of repeated or multiple registrations on the Website with the aim of garbling financial results of their activity, involves responsibility, which is expressed in full or partial blocking by the Company of the possibility to carry out any operation related to all disputable Personal Pages with the revision of financial results of the Client’s use of the Investment Tools.
4.4.1. In this case, blocking is performed for the time necessary for carrying out an internal objective investigation by the Company.
4.4.2. At the time of investigation, the Client may be limited in their right to use and/or dispose their funds, and the Company may fully or partially suspend the provision of services to the Client.
4.4.3. According to the results of investigation, the Company shall inform the Client of its decision, which may be accompanied by a correction of amounts of funds on the Client’s Accounts.
4.5. In case of the Client’s nonobservance of item 2.2.8., in consequence of which the Client becomes the victim of fraud and other illegal operations of third parties, any liability cannot be imposed on the Company.
4.6. If the Client violates the instruction of item 2.2.5. of the Contract, and tries to intervene in any way in the operation of the Trading Platform and/or its component parts, as well as the Software and the Website, including making their full or partial copies, to modify, readjust, to intervene in other way, including the purposes of examination, tries to arrogate/encroach upon the rights of intellectual property, the Client shall be liable in the amount of damage inflicted on the Company and developers, which is determined and paid by the Client according to an invoice of the Company and/or a developer company.
4.6.1. In case of non-payment of the invoice by the Client, the Company is authorized to act in accordance with items 4.4.1. – 4.4.3. with subsequent recovery of the sums through the courts in the event of insufficient funds on the Client’s account.
4.6.2. In case of the Client’s violation of item 2.2.7. of the Contract, the Company is guided by the instructions of items 4.6., 4.6.1. of the Contract.
4.7. In accordance with item 2.2.3. of the Contract, the Company is not responsible for Internet malfunctions, disruptions in the work of this network, as well as for the quality of channels and other connections of the Client.
4.8. The Company shall be liable to the Client solely within the balance of funds available on the Client’s Key Account.
- Force Majeure.
5.1. In the event of Force Majeure, the Company is obliged to promptly notify the Client, and to take appropriate measures to minimize possible negative consequences. 5.1.1. In order to observe the provisions of this Contract, the Company has the right to suspend or change the order of execution of the provisions of this Contract in whole or in part, until Force Majeure circumstances are eliminated and the situation is normalized.
5.2. The Parties, including third parties involved by the Company to provide services under the Contract, shall not be liable for any losses or delays in the performance of their obligations, if they have not become consequences of Force Majeure.
- Settlement of Disputes.
6.1. A dispute between the Parties is resolved in a mandatory pre-trial order, by submission and consideration of complaints and their resolution in accordance with the Contract, as well as through negotiations. Each Party shall have the right to submit a claim to the other Party to the claim, if it considers that there is a breach of Contract and/or the rights of this Party.
6.1.1. The claim is sent by the Company to a known e-mail address of the Client and is considered to be received by them regardless of whether it is relevant at the time filing a claim.
6.1.2. The e-mail address of the Company, intended for submission and consideration of the Client’s claims, is published on the Website. Claims sent by the Client to other e-mail addresses, are not required to be considered.
6.1.3. Consideration of claims shall not exceed one (1) calendar month, during which the Parties undertake every effort towards resolving a dispute and maintaining relationships.
6.2. If the Client wishes to file a lawsuit against the Company before a court, such claims are filed according to the legislation in force in Saint Vincent and the Grenadines – at the location of the Company, conclusion and execution of this Contract.
6.3. The Client has no right in any way to disclose the fact of filing a claim and the results of its consideration. Otherwise, a filed claim may be left without consideration and/or upholding, and decision on full or partial settlement of the claim may be declared invalid unilaterally upon an initiative of the Company.
- Contract Validity Period. Termination of Contract.
7.1. The Contract comes into force from the date of the Acceptance and is of an indefinite duration, maintaining its force till its termination in the order established by the Contract.
7.2. In case of violation by the Client of any of the provisions of this Contract, the Company has the right to terminate the Contract unilaterally by notifying the Client.
7.2.1. At the same time as notifying the Client about termination of the Contract, the Company is taking actions to disbursement of the Client’s funds and performs Payment of funds in full according to the terms of the Contract, except for cases of such violations on the part of the Client, which enable the Company to deduct amounts of losses and damages from the amounts of the Key Account.
7.2.2. The Contract shall be deemed terminated from the date of notice of termination.
7.3. The Client has the right to terminate the Contract unilaterally upon condition of absence of the Client’s fund, involved in the Investment Tools.
7.3.1. In this case, termination of the Contract is accompanied by adhering to items 7.2.1. 7.2.2. of the Contract.
7.3.2. Termination of the Contract shall not relieve the Client from material obligations, which could arise as a result of the Client’s violations of the conditions of the Contract, leading to the Company’s material damage, uncovered by the Key Account balance.
7.4. Any reorganization activities and other structural changes and changes in the Company’s internal policies, change of management and/or representatives and contractors shall not entail termination of this Contract, and the Contract retains its validity for the Client.
7.5. The Client is not entitled to assign their rights and obligations under this Contract without prior written consent of the Company. Failure to comply with this provision shall entail the invalidity of any transaction on assignment of the rights and obligations of the Client.
7.5.1. Inheritors of the Client who is an individual and or legal successor of the Client who is a legal entity do not automatically acquire the rights of the Client, and shall first apply to the Company and provide the Company with a complete list of necessary documents confirming their status, then the Company in its sole discretion considers the possibility or impossibility of saving relations with this inheritor/legal successor, and has the right to give additional binding instructions and provisions for the proper settlement of legal relations.
- Other Terms and Conditions.
8.1. Acceptance and subsequent cooperation according to the Contract implies that
8.1.1. The Parties are active and legally capable;
8.1.2. The Parties have consciously entered into this Contract and its terms and conditions are clear and acceptable to the Parties;
8.1.3. The fulfillment of obligations of the Client and/or by the Client has been authorized personally by the Client.
8.1.4. The Client has studied, understands and considers all risks acceptable for them, which are associated with the use of the Investment Tools.
8.1.5. The Client confirms that they have not received any guarantees of successful and breakeven use of Investment Tools from the Company and from its associates, and understands that currency markets, including operations on Forex, and operations on them can lead to material losses.
8.1.6. The Parties recognize the validity of electronic documents and every electronic document created in the process of interaction with each other.
8.1.7. The Parties shall, in their legal relations, adhere to the principle of confidentiality, not spreading the information on the execution of the Contract, as well as notifying each other about the cases of requesting such information and/or the necessity to disseminate the relevant information to third parties.
8.2. All additional Agreements, rules and other annexes approved and published by the Company on the Website, may supplement, modify, specify or establish special conditions for a separate Client(s) (as it is clearly stated there), are integral parts of the Contract, in connection with which the use of the concept “Contract” also implies that all of its integral parts are implied.
8.3. Acceptance of the Contract means termination of agreements preceding it, and the Parties have no right to refer to the fact that the Contract conditions have been unknown or unclear to them.