REX CAPITAL INTERNATIONAL MANAGEMENT LIMITED AUTOMATED TRADING EXPERT ADVISOR MANAGED ACCOUNT PLACEMENT PROGRAM CUSTOMER AGREEMENT AUTHORIZATION & AGREEMENT Between (Customer) and REX CAPITAL INTERNATIONAL MANAGEMENT LIMITED (Company) Effective: day month year
This Customer Agreement contains the terms and conditions governing your Account at Rex Capital rexcapitals.com and all Transactions in this Account with Rex Capital. In this Customer Agreement, the undersigned customer is referred to as customer or you. Rex Capital Management may also be referred to as we or our. Please read this Customer Agreement carefully as it contains important information concerning you customer and Rex Capital rights and obligations in relation to the services we agree to provide you. 1. General Information Our Services : Subject to the terms and conditions of this Customer Agreement and acceptance of your application to open an Account with us, we will maintain one or more Accounts in your name and will provide execution-only brokerage services for spot transactions in the international over-the-counter foreign exchange markets, Commodity and CFD Transactions and provide brokerage services for transactions in such other products as we may, in our sole discretion, determine from time to time in the future. Commencement : This Customer Agreement supersedes any previous agreement between us on the same subject matter and takes effect when you signify your acceptance of this Customer Agreement by executing the Customer Account Application in consideration for the services we provide including the provision of market and price information on Financial Instruments which we trade. By executing the Customer Account Application you confirm that you have read, understood and agree to be bound by this Customer Agreement with us. Acknowledgement : You acknowledge that you are solely responsible for, and that neither Rex Capital nor any of its Affiliates has any responsibility for, your compliance with any laws or Applicable Regulations to your use of the services provided by us under this Customer Agreement including, but not limited to, any laws, regulations or rules, in your or any other jurisdiction, relating to tax, foreign exchange and capital control, and for reporting or filing requirements that may apply as a result of your country of citizenship, domicile, residence or tax-paying status. 2. Introduction This Agreement sets out the terms and conditions of Trading in Rex Capital CFD Contracts and Direct Rex Capital Margin Foreign Exchange Contracts, and together with the Application Form, forms an enforceable and binding contract between you and Rex Capital. You acknowledge that: a) you understand the nature of the Contracts, the terminology and jargon commonly used in relation to trading the CFD Contracts and the procedures for opening and closing Trades; b) you are familiar with all the terms that are or may become relevant to your Trade or Trades, especially terms relating to Initial Margin, spreads, trading hours, and all other terms that may affect your liability to us or our liability to you. You acknowledge and agree that we only carry out your Trading instructions and that we owe you no duty of care in respect of the suitability of your Trading with us nor do we provide any information relating to your intended or actual Contracts. Our employees are not authorized to offer personal advice to you. Personal advice is advice given or directed to a person in circumstances where the provider of the advice has considered one or more of the person s objectives, financial situation and needs; or a) a reasonable person might expect the provider to have considered one or more of these matters. If any person employed by us should offer any personal advice to you, that advice is given in
breach of that person s contract of employment and without our authorization and we accept no responsibility or liability in respect of it; and You agree that all Trades are made at your own risk. You agree and acknowledge that you will rely solely upon your own judgement in all aspects of your Trading with us. We will not owe you any duty of care to monitor the size or performance of your Trades or to prevent you from Trading beyond your means or ability, or otherwise to protect you from risk. 3. Acknowledgement Of Risks And Conflicts Of interest You acknowledge that trading in CFD Contracts is a speculative activity involving leverage in a rapidly fluctuating markets. Despite such risks, you are willing and able to assume the financial risks and other hazards of trading in such Contracts. You recognize that guarantees of initial capital investment or freedom from loss of initial capital are impossible in contracts for differences and foreign exchange trading. You acknowledge that you have received no such guarantees from Rex Capital or from any of its representatives or any introducing broker or financial advisor and have not entered into this Agreement in consideration of or in reliance upon any such guarantees or similar representations. You also acknowledge receipt of separate written disclosure concerning conflicts of interest between Rex Capital and any third party, such as your financial advisor or introducing broker, and you specifically consent to the relevant persons continuing to act notwithstanding any such conflict of interest. 4. Margin Requirements You will at all times maintain such margins and premiums for your Account as required from time to time by Rex Capital. Rex Capital RESERVES THE RIGHT TO CLOSE POSITIONS WITHOUT NOTICE TO YOU IN ITS SOLE AND ABSOLUTE DISCRETION. Margin deposits shall be made by wire transfer (or by available methods permitted by Rex Capital in its sole and absolute discretion) of immediately available funds and shall be deemed made when received by Rex Capital. Rex Capital failure at any time to call for a deposit of margin shall not constitute a waiver of Rex Capital rights to do so at any time thereafter, nor shall it create any liability of Rex Capital to you. Rex Capital shall not be required to pay interest on funds in your account. Rex Capital Margin Policy reserves the right to close all open positions when the equity in an account falls below the used margin. Once the equity in your Account falls below the used margin, (that is, the margin required to maintain all existing positions), ALL POSITIONS ARE LIQUIDATED at the prevailing market rates. In the case where a stop or limit (or entry stop or limit) is entered at the same price that would trigger a margin call, the margin call will be executed when that price is touched (or gaps through the price) and all pending orders attached to that trade will be cancelled. A MARGIN CALL, WHEN TRIGGERED, WILL TAKE PRECEDENCE OVER OTHER ORDER TYPES. 5. Joint Accounts. If more than one natural person executes this Customer Agreement ( Joint Account ), all such natural persons agree to be jointly and severally liable for the obligations assumed in this Customer Agreement (which means, for example, that any one person can withdraw the entire balance of the Account, and in the case of a debit balance or debt owed on the Account to us, each Account holder is responsible for the repayment of the entire balance and not just a share of it). We shall be entitled to treat each Account holder of a Joint Account as having full authority (as if they were the only person entering into the Agreement) on behalf of the others to give or receive any instruction, notice, request or acknowledgement without notice to the others, including an instruction to liquidate and/or withdraw investments from the Account and/or close any Account) however we may in our sole and absolute discretion, require an instruction request or demand to be given by all Joint Account holders before we take any action. One account holder may request us to convert the Account into a sole Account. We may (but shall not be obliged) require authority from all Joint Account holders before doing so. Any person removed from the Account will continue to be liable for all obligations and liabilities
under the Agreement relating to the period before they were removed from the Account. 6. Client Documents You represent that the information on the Application Form is true and complete and that the representations in this Agreement and any applicable ancillary documents are accurate and that Rex Capital and its agents are entitled to rely on such information and representations for all purposes, unless Rex Capital receives notice in writing of any change. You undertake to notify Rex Capital of any material change in such information or representations. To the extent certain ancillary documents are applicable, executed and delivered in connection with this Agreement; any or all such ancillary documents are incorporated herein by reference. In the event any term or provision of any of such ancillary documents should conflict with any term or provision of this Agreement, the terms and provisions of this Agreement shall prevail. 7. Trading System Access Password : When your Account is opened you will have access to the Trading Systems enabled by a password which shall be for your personal use only and which you shall keep secret and not disclose to any third party nor allow any third party to use or otherwise gain access to the Trading Systems in your name or on your Account. You are responsible for all information submitted through your access to the Trading Systems and in the event there is an erroneous entry of information for whatever reason you will be held responsible for all resultant financial obligations or liabilities except to the extent information is submitted by a third party which has gained unauthorized access to your Account as a result of our, or our employee's negligence or fault. You shall notify us immediately and in writing in the event of (i) any loss or theft of part or all of your password; or (ii) any actual or suspected unauthorized use of your password; or (iii) any actual or suspected breach of security or confidentiality of the password. Your right to use the Trading Systems and any financial data, market and business information provided on or through the Trading Systems ( Trading System Information ) is limited to use for the purpose of receiving and viewing the Trading System Information for the transmission and execution of Orders and Transactions. 8. Confirmation of Orders and Trading Account Statements. We may send you confirmations of Trading Account transactions statements electronically in a periodic weekly basis or provide you with online access to confirmations and Trading Account statements. 9. Aggregation of Orders. We may combine your Order with any Orders of our own and Orders of other customers. By combining your Orders with those of other customers we must reasonably believe that this is in the overall best interests of our customers. However, on occasions aggregation may result in you obtaining a less favourable price. Where an Order for a particular customer has been aggregated with Orders for another customer, we will take great care to ensure a fair allocation of investments available across those Orders. 10. Adjustments If any Reference Asset which is a Security is subject to possible adjustments as the result of any of the events, we will determine what adjustment, if any, should be made to the Current Contract Value or Contract Quantity of any related CFD Transaction to account for the dilutive or concentrative effect of any such event to preserve the economic equivalent of such CFD Transaction prior to the relevant event or to reflect the effect of such event on such CFD Transaction. Any such adjustments will be effective as of a date determined by us.
11. Market Suspensions If at any time trading on any Market in any Reference Asset CFD Instrument is suspended, we will calculate the value of each related CFD Transaction with reference to the last traded price before the time of suspension, or the closing price if no trading in such Reference Asset is undertaken during the Business Day on which a suspension occurs. If such a suspension continues for more than one Business Day, we have the right in our sole and absolute discretion to vary Margin requirements and rates. If such a suspension continues for five or more Business Days, we have the right to terminate each related CFD Transaction in our sole and absolute discretion at a closing price determined by us. 12. Market Delisting If a Regulated Market on which an Reference Asset is principally traded announces that pursuant to the rules of such Market such Reference Asset has ceased (or will cease) to be listed, traded or publicly quoted on such market for any reason (other than a Merger Event or Take-Over Offer) and is not immediately re-listed, re-traded or re-quoted on a Market or quotation system located in the same country as such Market (or in the case of any Market within the United States of America, in any Member State of the European Union), either the day on which such an event occurs, or (if earlier) the day on which such event is announced, will in our sole and absolute discretion be the Closing Date for each related CFD Transaction irrespective of whether a Closing Notice is issued. The closing price for each such CFD Transaction will be such price as notified by us to you. 13. Termination You may terminate this Customer Agreement at any time by giving at least 3 Business Days prior written notice to us. We may terminate this Customer Agreement at any time by giving at least 10 Business Days prior written notice to you, except that we may terminate this Customer Agreement immediately if you fail to observe or perform any provision of this Customer Agreement, upon the occurrence of any Event of Default, or at any time at which you have no open Transactions in your Account. Termination will be without prejudice to accrued rights and remedies and the existence and enforceability of any open Transaction, which will remain open until closed in accordance with this Customer Agreement. At any time after termination of this Customer Agreement, we may, without notice, close out any of your open Transactions. Upon termination of this Customer Agreement, any and all amounts payable by you to us will become immediately due and payable, including: (a) all outstanding trading transaction commissions ( if any ), (b) penalization of thirty percent (30%) of the initial capital investment due to early termination of contract, or not fulfilling the minimum condition contract of twelve (12) months. (c ) all outstanding fees and other charges ( if any). 14. Electronic Communications. Subject to Applicable Regulations, any communications between us using electronic signatures will be binding to the same extent as if they were in writing. By signing the Customer Account Application you give your consent to the receipt of communications by electronic means, notwithstanding that certain communications would otherwise be required to be made using a durable medium under Applicable Regulations. Without limiting the generality of the foregoing, Orders placed or other instructions given by electronic means will constitute evidence of such Orders or instructions.
15. Managed Accounts The present Regulations contain rules and an order of granting to clients the service " Automated Trading Expert Advisor Managed Accounts Placement Program" (further Service). Service "Managed Accounts" consists in the following: Automated Trading Expert Advisor strategies (and EA is an Expert Advisor, which is an added on software linked to a Meta Trader platform and allows for automatic trades under certain conditions. 1.1 Investor transfers, and the Automated Trading Expert Advisor undertakes responsibility on consulting service of the Investor s trading account opened in the Company (further the Investor s Managed account); 1.2 Under consulting service of the Investor s trading account (further Management) is understood as set of actions of the Automated Trading Expert Advisor on fulfillment of trades with the financial tools, directed on profit earning and issue to the Investor of obligatory recommendations to execution on fulfillment of trades with financial tools. The specified recommendation is considered as fulfillment by Automated Trading Expert Advisor of the trades on the client s Managed Account; 1.3 The Company is authorized by the Investor on realization of effective transfer of recommendations of the Automated Trading Expert Advisor on the Investor s managed account by duplication of trades of the Automated Trading Expert Advisor on the Investor s managed account (further the Duplicated trades). 1.4 The Automated Trading Expert Advisor and the Investor enter into the Agreement which general terms are stated in the present Regulations. The agreement is the offer of the Automated Trading Expert Advisor 1.5 While realizing the process of consulting servicing of the Managed account the Automated Trading Expert Advisor acts within the limits of its own trading strategies. Strategies of the Automated Trading Expert Advisor can provide fulfillment of certain quantity of trades during the set period of time, accomplishment of trades according to signals of indicators and other conditions. All stated in the given point is special conditions of the Agreement between Automated Trading Expert Advisor and the Investor. 1.6 In terms of the granting of Service the zone of responsibility of the Company is limited to appropriate work of own technical part of Service and doesn't extend on result of work of the Automated Trading Expert Advisor under the Investor s managed account. 1.7. The company is obliged to take measures to provide the confidentiality of the information concerning Investor and Automated Trading Expert Advisor in relation to the third parties 1.8 If the client was impaired as a result of events, actions or defaults not depended on the Company and reasons beyond the control of the Company, including any delays in transferring, placing, executing the orders, distortions during the transferring of the orders and/or information because of failures, refusals or incorrect functioning systems of connection and data transfers, violation of the electricity supply, damages of Client computer or suitable equipment during the using of software or another, nondepended on the company reasons, the Company does not bear responsibility. 1.9 In case of inaccessibility to manage the account through the company web resources, because of the problems from the side of the Company, investor entitled to the benefit any way of communication to contact with the Company to give an order for any action with Client account (detachment from managing and etc.). If investor doesn`t take this actions, the Company does not bear responsibility for actual damage.
1.10 Automated Trading Expert Advisor will not provide any personal or financial product advice to you, in relation to the terms and conditions of this Agreement or on the merits of any trade. Automated Trading Expert Advisor deal with you on an execution and liquidation on all transactions in the financial market instruments-only basis. This means that even the company has any advice, we do give you has been prepared without taking account of your objectives, financial situation or needs. In the circumstances, you should seek professional advice as to whether the financial products that we offer are suitable for your purposes having regard to your objectives, financial situation or needs. 1.11 All trades will, therefore, be made at your own risk and to the maximum extent permitted by law, we will not in any way be liable for any claims, damages, losses (including consequential losses) or injury suffered or incurred by you as a result of or arising out of: a. Any misinformation or financial product advice provided by, or on behalf of, us relating to a trade entered into or proposed to be entered into by Automated Trading Expert Advisor under this Agreement; or b. Any information or financial product advice provided by, or on behalf of, us in relation to any financial product that you may deal in under this Agreement. 16. The Rights and Obligations of the Automated Trading Expert Advisor and the Investor The Automated Trading Expert Advisor is obliged: 1. responsibly to approach the accomplishment of the obligations taken on consulting servicing of the Investor s Managed account; 2. Any trading activity produced by the Automated Trading Expert Advisor on the Managed Account, is considered to be obligatory to execution by the recommendation to the Investor to make such trade and is duplicated on the Investor s Managed Account. The Investor is obliged: 1. To resolve disputes and settle claims of the third parties in connection with its actions on connection of the trading account to the Managed Account of the Automated Trading Expert Advisor by own strength and at own expense; 2. To observe confidentiality concerning data of the Automated Trading Expert Advisor that appeared to be known to the Investor due to undertaking of the agreement. 17. Compensation of the Automated Trading Expert Advisor in the System of Monthly Profits 1. For provision the justice of the calculations between the Investor and the Automated Trading Expert Advisor, the Company transfers the percent of profit from all profitable trades on the Investor s managed account, to the Investor s designated bank account. 2. Projected monthly profit of approximately ranging from Five (5%) to Twelve (12%) is transferrable to the investor upon completion of each month's transactions transacted in the financial market instruments. 3. The Company is not responsible for the accuracy of performance features, with force majeure circumstances, and the failure of equipment. 18. Terms and Regulations Actions 1. The present Regulations are appeared to be part of the Agreement and come into force for the Automated Trading Expert Advisor and the Investor from the moment of the acceptance of the Automated Trading Expert Advisor s offer by the Investor.
2. The company doesn't warrant profit earning. Positive results of trade in the past doesn't warrant positive results of trade in the future. 3. The investor and the Automated Trading Expert Advisor accept possible financial losses in the form of direct losses or the missed profit as a result of following risks: a ) Risk of unforeseen delays while transferring means between accounts or untimely execution or liquidation of the transactions in the financial market instruments b ) Risk of high liquidity and sudden large spikes in a volatile market 4. The company under any circumstances doesn't bear responsibility for origins of those risks and for their consequences. You will remain liable for any losses in your account which may be realized as the result of the filling of an order, regardless of the trading resources available on your account at the time the order was filled. 19. Trading Performance & Requirements 1 ) Projected monthly profit of approximately ranging from Five (5) to Twelve(12) percents(%) is attainable based on the previous months average results accomplishment. 2 ) The length of the contract is twelve(12) months, which is renewable for another year upon expiry. 3 ) During the duration of the contract, Investor is allowed to withdraw its profit derived from the trading in the financial market instruments. 4 ) Monthly disbursement of profits to the Customer s designated bank account will be based on percentage (%) of profits that has being transacted in the financial market instruments. 5 ) Although past performance shows encouraging results, the company is not obliged to give assurance that this contract serves as a secure monthly yield contract. 6 ) Minimum account opening amount is US$1,000, and maximum amount is US$10,000 and each investor is given up to ten(10) trading accounts. This means that an investor may make a deposit up to US$100,000 under one name with ten accounts. 7 ) Investor may choose to deposit any amounts into the Managed Account and a 20% deposit bonus will be credited into the trading account immediately. 8 ) In order to participate in the Managed Account, a depositor is required to open a US$500 Binary Option trading account with the company. 9 ) The managed account will be traded absolutely by an Automated Trading Expert Advisor(EA) and the investor is not allowed to perform any trading transactions, neither new executions of orders in the market nor liquidations in the market. 10 ) No bank guarantee certificate will be issued upon opening of every new account. And it may lose value performance of no guarantee of future results. If such failure or delay is caused by acts of god, government laws and regulation, strikes, war, natural calamities or any other cause beyond its control and without its fault or negligence. 11 ) Similar to any investment portfolio. Any customer will be able to monitor his/ her investment Outlook movement from their own computer from time to time, except between New York time from 08:30 and 15:00 (Summer), 09:30 and 16:00 (Winter), from (Monday Friday) due to transaction of Dow Jones/Nasdaq bulk trading that will give an assurance or even higher confident level. The only difference is that participants of this private placement program are unable to trade on their own account base on terms and conditions, and are only able to monitor it. 12 ) The contract will be commenced from the date that the investor transfer the fund to the designated bank account services with confirmation on Rex Capital. Managed account statement report of new account opening will reflect in the managed account statement report within 3 business day. 13 ) Upon receiving wiring deposit advice or fund deposit proof to the account s department of Rex Capital, local affiliates will take full responsibility until fund has arrived safely at principal s company overseas account.
14 ) The Placement Program transferring fee will be paid by the beneficiary of remittance, all Rex Capital Placement Program transaction from global inter-banks partnering with the main bankers to any account payee will be fully paid by the company. 15 ) The company earnings derived solely from brokerage fees (commission charges) and spreads quotes (prices) of the financial instruments from the Liquidity Providers in every single transactions that being transacted and executed in the financial market dependability from our reliable MAMM ( Multi Account Money Manager ) software and the Automated Trading Expert Advisor, therefore resulting a desirable profits for every single investor in every month. Therefore this agreement witnesses that the Customer (s) agrees and authorizes: The Customer designate an Automated Trading Expert Advisor and attorney-in-fact for the purpose of buying and selling CFDs and other financial contracts for my/our Account (the Account ), and at my/our sole risk through Rex Capital Management Limited. The Customer hereby agrees to indemnify and hold Rex Capital Management Limited, its subsidiaries, affiliates and the agents of each, harmless from and against all losses, indebtedness and all other liabilities arising in any way from the foregoing authorization and appointment. Customer hereby acknowledges that Rex Capital Management is hereby given the authorization to follow the instructions of the customer s permission granted in every respect with regard to the customer s account with Rex Capital, except that the customer s appointed agent is not authorized to withdraw any funds from the account, securities, collateral, or any other asset that is in the name of the Customer. Customer hereby acknowledges, agrees and accepts to only having access to the Account on Read only mode to monitor the activity and progress on the Account. When Account is on Read only mode, Customer cannot open, close or modify trade positions. All transactions shall be fully operated by the Automated Trading Expert Advisor (EA). Customer also acknowledges, agrees and accepts that he/she can only access to the Managed Account on certain pre-defined time, to avoid interference on trading and to maximized trading results. Customer hereby acknowledges and agrees that Automated Trading Expert Advisor(EA) authorization will cease only upon written revocation by the Customer. Such revocation instruction must be sent by electronic mail (email) to Rex Capital. THIS IS A LEGALLY BINDING CONTRACT. DO NOT SIGN UNTIL YOU HAVE CAREFULLY READ ALL OF THE FOREGOING COMPLETELY AND COMPLETED THE CUSTOMER ACCOUNT APPLICATION. I/We understand the nature and risks of Margin Trading via spot forex, metals, commodities, and/or CFDs. I/We confirm that I/we have read, understood and agree to be bound by the Customer Agreement, the Complex Products General Risk Disclosure Notice, Contracts for Differences Commodities and Other Reference Assets Supplement. Finally, I confirm that I am aged 18 years or over and that the information provided by me in this application is accurate and correct.
Customer information (To be completed by for each participant in the account, individually or jointly). For the purpose of this document the term Customer always refers to the entity for whom this Authorization & Agreement has been made, regardless of legal description. The Information must be completed in FULL Please type or print clearly [ insert applicant full name ], I agree to the above statements. Salutation: [ ] Mr, [ ] Ms, [ ] Mrs SIGNATURE: ( Customer ) Name: ( Printed name ) Passport/ID number: Telephone Number: Email Address: Address: City: Country: Date: (Day), (Month), (Year) SIGNATURE: (Rex Capital Management) REX CAPITAL INTERNATIONAL AFFILIATES & CHANNEL PARTNERS: Mauritius, Australia & New Zealand (Broker Dealers & Corporate Liquidity Providers), India, Taiwan, China, Vietnam, Dubai, Malaysia,Thailand & Pakistan. Address : 18/F Hollywood Plaza, 610 Nathan Road Mongkok KLN, Hong Kong.. Tel: +85 2819 30229, https://www.rexcapitals.com, Email: ma@rexcapitals.com Copyright 2016 Rex Capital International Management Limited. All Rights Reserved.