4T MARKETS LIMITED

February 2022

RISK WARNING

Effective date: Oct 2021

4T Markets Limited’s trading service carries a high level of risk and can result in losses that exceed the cash balance held on your Account at any given time. The high level of risk means our trading service is not suitable for everyone. You must satisfy yourself that it is suitable for you in the light of your circumstances, financial resources, and investment

You should be aware of the risks set out in the Risk Warning Notice. In summary, these include, but are not limited to, the following:

• a) the markets you’re exposed to can be very volatile (i.e., they can move up and down in value quite quickly) and hard to predict;
• b) the products that we offer are leveraged products – so depositing a small amount of money will give you greater exposure to an Underlying Asset;
• c) you won’t own or have any rights in the Underlying Asset when you invest in a product based on that asset;
• d) any losses may exceed the cash you have deposited with us;
• e) profits or losses can be incurred very quickly, and it is your responsibility to monitor your Account at all times;
• f) historical performance is no indication as to future performance;
• g) the prices of Instruments are determined by fluctuations in the market outside our control;
• h) you may be required to deposit additional funds at short notice and failure to do so may result in your open trades being closed and working orders cancelled without notice;
• i) in certain circumstances, it may be difficult to close your open trades immediately, the value of your trades could fall, and you will be liable for the full amount of any losses;
• j) currency exchange fluctuations may impact your profits and losses;
• k) an order to limit the loss on a trade is not guaranteed to limit your loss on that trade to a specific amount; (i) your rights to money held in our segregated client bank account, where applicable, may be affected by: (ii) the insolvency of the relevant bank, or (ii) the insolvency of a clearing house where we have transferred money to them for the purposes of margin etc.

We cannot purport to disclose all risks or other relevant considerations. By applying to open an Account with us, you confirm that (a) you have read the Risk Warning Notice and all the documents supplied to you in connection with our trading service, and (b) that you understand and agree that our trading relationship will be governed by these documents, as amended from time to time. You must not apply to open an Account or commence trading with us if you are unsure as to how our trading service operates or the nature of the risks involved.

CONTENTS

1. INTRODUCTION

• 1.1 4T Markets Limited (“4T”, “we”, “us”, “our”, “ours” and “ourselves”) is a private limited company incorporated and registered in England and Wales with company number 08891879 and registered office at Office 3.15, St. Clement's House, 27 Clement's Lane, London, EC4N 7AE, United Kingdom. 4T Markets Limited is authorised and regulated by the Financial Conduct Authority (FCA) (FRN 624225).
• 1.2 Our Agreement. Our agreement with you (Agreement) is comprised of the following documents, as amended by us from time to time:
  1. a) the completed account opening documentation you provided to us;
  2. b) these Terms of Business;
  3. c) Instrument Information;
  4. d) Order Execution Policy;
  5. e) Privacy Policy and Cookie Policy;
  6. f) Summary Conflicts of Interest Policy; and
  7. g) any further or separate arrangement that may be entered into between us, such as an API Agreement
• 1.3 Together these are referred to as the “Agreement”. Copies of which can be located on the 4T Markets Limited Website. You hereby consent to receive this information via the Website.
• 1.4 The Agreements take effect when you accept them online as part of your Account application process and will remain in force unless terminated under these Terms.
• 1.5 For the purposes of these Terms, applicable laws and regulations shall include the FCA Rules, the rules of any other relevant regulatory authority or exchange and any applicable laws, rules, procedures, guidance, codes, standards, and regulations (including, without limitation, accounting rules and anti-money laundering or sanctions legislation) in force from time to time. Nothing in these Terms of Business will exclude or restrict any duty or liability owed by us or any Related Persons to you under FSMA or the FCA Rules and if there is any conflict between these Terms of Business and the FCA Rules, the FCA Rules will prevail.
• 1.6 English. The Terms of Business are supplied to you in English, and we will communicate with you in English for the duration of these Terms of Business. If there is any conflict between the English version of this document and any other language version, the English version will prevail.

2. SERVICES WE PROVIDE

• 2.1 We provide trade execution services in respect of certain Instruments. When executing Orders, we will do so in accordance with MiFID2, FCA Rules and our Order Execution Policy. Our Order Execution Policy is available on our website. By commencing trading with us, you will be deemed to have consented to our Order Execution Policy
• 2.2 All transactions will be undertaken on an “execution only” basis. Execution only services are provided by us when we execute trades on your behalf but without providing advice or personal recommendations. We will not advise you about the merits of a particular transaction, or the composition of your account. We will not have any discretion in relation to your account and will act for you only in accordance with instructions given by you to us, and will not seek your further instructions, either before or after effecting the transaction on your behalf. Where an execution-only order is accepted by us we are not responsible for ensuring the investment is suitable for you.
• 2.3 Where you instruct us to enter into an execution only transaction in an investment, one that is a complex financial instrument in accordance with the FCA rules, we shall owe you a duty under the FCA rules to assess the appropriateness of the execution only transaction by reference to your experience, knowledge and understanding of the risks involved. If we consider (on the basis of the information that we obtain and/or already hold about you) that the execution only transaction is not appropriate for you, we shall warn you about this. If, notwithstanding the warning that we have given you, you ask us to proceed with the execution only transaction and we execute the transaction for you, you shall be solely responsible for that decision, and we shall have no liability to you in respect of it. The provisions of this section shall be without prejudice to our general rights to refuse to execute your orders or instructions.
• 2.4 We therefore require you to provide us with information regarding your knowledge and experience of the investments in question so that we can assess the appropriateness of a particular investment for you in accordance with the FCA rules. We will contact you from time to time to verify that the information that you have provided remains accurate.
• 2.5 Upon entering into this agreement, and at any other time during which these terms and conditions are in force, there will be documents and other information we may reasonably require that we may ask you to provide or expect you to provide in order to provide services under this agreement. This will include:
  1. a) Providing us with prompt notification of changes to any contact details, including your home address, email address, telephone number or mobile number previously provided to us, or change in your nationality or country of residence;
  2. b) Providing us with prompt notification of changes to any bank account previously instructed to us;
  3. c) Providing us with any confirmation in change to your legal or corporate structure;
  4. d) Asking you to provide us with relevant information which is personal to you which is necessary for us to be able to provide the relevant service to you such as your knowledge and experience in relation to particular products and services, and your financial situation and investment objectives, so as to enable us to recommend the investment services and financial instruments that are suitable for you.
  It is important that you keep us informed of any changes in your personal circumstances or to the information above, as this may affect the services, we provide to you.
• 2.6 You shall, unless otherwise agreed in writing, enter Transactions as Principal and be responsible for performing all obligations under these Terms (including under any Transaction). If you act as agent, regardless of whether you have identified the principal to us, we shall not be obliged to accept the said principal as a customer or client, and consequently, you agree that we shall be entitled to consider you as Principal in relation to any Transaction.
• 2.7 We enter each Contract with you as a principal. We don’t enter Contracts as an agent on your behalf.
• 2.8 We may execute Orders by placing an identical order (apart from settlement terms) (Back-to-Back Order) on any of the 4T Liquidity Pool Providers. You consent to us executing Orders for your Account outside a regulated market or multilateral trading facility when we believe this to be in your best interests.
• 2.9 For new customers or accounts, the following matters must have been completed before we can begin to provide a service to you in respect of any of your assets:
  1. a) You have received from us a copy of these terms and conditions;
  2. b) We have received a completed signed client agreement and you have completed our financial questionnaire;
  3. c) Sufficient fact-finding information has been gathered from you;
  4. d) The obligations under money laundering legislation and regulations have been satisfied;
  5. e) In the case of a company, we have received a copy of the board resolution authorising the opening of your account along with an authorised signatory list and specifying the director(s) authorised to enter into our agreement on behalf of the company, and a duly signed copy of the client agreement
• 2.10 If you are a Retail Client) or required by Applicable Laws, we are under no obligation to:
  1. a) satisfy ourselves as to the suitability of any Transaction for you;
  2. b) monitor or advise you on the status of any Transaction;
  3. c) make Margin Calls in all circumstances; or
  4. d) close any Transaction that you have opened, notwithstanding that previously we may have given such advice or taken such action in relation to that Transaction or any other.
• 2.11 We may take or omit to take any action we consider necessary to ensure compliance with FCA Rules

3. CLIENT CLASSIFICATION

• 3.1 In accordance with the FCA rules, we are required to assign you a particular classification. On the basis of the information which you have provided to us, we will categorise you as a retail client. You have the right to request a different categorisation, for example as a professional client, however if you make such a request and we agree to this you will lose some of the protections given to retail clients by the FCA rules. We will only agree if we are permitted under applicable law and we will provide you with details of the protections you will lose if we agree to any request you make to be classified as a professional client. If you are categorised as a professional client, your client money and custody assets will be held in accordance with the FCA client asset rules as if you were a retail client.
• 3.2 Definitions of these categories of Clients and the circumstances in which you may be classified as a Retail, Professional Client (whether elective or per se) or an Eligible Counterparty (whether elective or per se) are as set out in the FCA Rules.
• 3.3 The application of these terms and conditions to you will vary depending upon your classification, and you should note carefully in these terms and conditions where it is indicated that particular provisions apply only to particular categories of client
• 3.4 We’ll consider any re-classification requests on a case-by-case basis having regard to the FCA’s requirements (as set out in COBS 3.5 and 3.7of the FCA Handbook) and any change in your circumstances and make a decision at our discretion.
• 3.5 The client category will determine the level of protection afforded to the Client under applicable legislation. This includes access to, and eligibility by, the FOS in the event of a complaint about us. We will notify you in writing about your entitlement of certain regulatory protection(s) prior to agreeing to a re-categorisation request. Further information can be found at: http://www.financial-ombudsman.org.uk/.

4. ACCOUNT OPENING

• 4.1 An Account must be opened prior to submitting any Order or entering into any Transaction. No Orders can be placed until an Account has been opened and cleared funds received. If we permit you to place an Order where an Account has not yet been opened, or cleared funds have not yet been received, this shall not limit your liability to us pursuant to these Terms in respect of the Order placed or any resulting Transaction. We may, at our sole and absolute discretion, refuse to accept you as a client for whatever reason but will notify you of any such refusal, promptly following your application
• 4.2 To manage risk and to prevent fraud (or other criminal activity) you agree that we may:
  1. a) disclose information to organisations involved in fraud or money laundering prevention; and;
  2. b) obtain information from and disclose information to other investment firms which deal for you concerning any payment or security default or concerning any investment which is related to or connected with Transactions which you seek to open with us.
• 4.3 Any limits for your Account (including any Margin Requirement and/or Leverage) will be set and varied from time to time regarding your credit status and, where applicable, the amount of funds deposited by you with us and we may, in our sole and absolute discretion apply a limit to:
  1. a) the size of any Transaction or series of Transactions that you may enter into;
  2. b) the amount of any loss or liability to which you may be exposed; although we will notify you of any such limits applied.
• 4.4 Account limits do not limit or represent your liability for Losses to us, and the funds you may have from time to time on deposit with us as Margin or otherwise do not represent any limit upon your financial liability to us.

5. ACCESS AND USE OF THE SYSTEM AND/OR SECURE ACCESS WEBSITE

• 5.1 We will provide you with one or more unique usernames, passwords and/or other devices necessary to enable you to access the online or electronic service (“Login Credentials”) which will grant you secure access to use the System and/or a Secure Access Website. You will need to provide the Login Credentials each time you wish to use the System and/or Secure Access Website.
• 5.2 In relation to the Login Credentials, you acknowledge and undertake that:
  1. a) you will keep Login Credentials confidential and will ensure that Login Credentials are used exclusively by you or your Account Manager. You will use adequate security procedures to ensure the security of the Login Credentials and to prevent unauthorised access to and use of the services;
  2. b) you assume full responsibility for any and all use, unauthorised use, or misuse of the service by you, or persons authorised by you, or by any other person using your Login Credentials, and you acknowledge and agree that any breach by such person of any of your obligations hereunder shall constitute a breach of such obligations by you;
  3. c) other than with our prior written consent, you will not disclose your Login Credentials to persons other than to your Account Manager for any purpose whatsoever;
  4. d) you will immediately notify us if you become aware of, or have reasonable grounds to suspect, the loss, theft, or disclosure to any third party or of any unauthorised use of your Login Credentials; and
  5. e) we may rely on all Orders and other communications entered using the Login Credentials and you agree to be bound by any message or instruction effected via the service (including, without limitation, the execution of Transactions and/or the instruction to change your Login Credentials) through the use of your Login Credentials, regardless of whether or not the person communicating such message or instruction was properly authorised by you, except where such person’s possession of your Login Credentials was due to our negligence or wilful misconduct.
• 5.3 If we have reasonable grounds to believe that unauthorised persons are using your Login Credentials without your knowledge, we may, without prior notice, suspend your rights to use the System and/or Secure Access Website.
• 5.4 You agree that it is your responsibility to provide, at your own expense, all equipment necessary for you to access and use the service, including, but not limited to, computers, computer systems, servers, peripheral equipment, operating systems, applications, communications software, internet access, telecommunications equipment and other equipment and software including any updates thereof. You are solely responsible for any losses, damages, or costs incurred as a result of errors made by, or the failure of, such equipment that you use to access the service.
• 5.5 Access to the System or Secure Access Website is provided "as is". We make no warranties, express or implied representations or guarantees as to the merchantability and/or fitness for any particular purpose or otherwise with respect to the System or Secure Access Website, their content, any documentation or any hardware or software provided. Technical difficulties could be encountered in connection with either the System or Secure Access Website. These difficulties could involve, among others, failures, delays, or malfunction, which may cause Orders not to be transmitted, received, or executed as a result of such disruption, failure or malfunction, software erosion or hardware damage, which could be the result of hardware, software or communication link inadequacies or other causes. Such difficulties could lead to problems in placing Orders or Transactions and/or data loss. If you are unable to place an Order through the System, you should contact a Sales Trader to place an Order on the telephone.

6. TRADING WITH US

• 6.1 Unless we inform you that any or all Instructions can only be given in a particular way, you may give us your Orders or other Instructions via the System or orally, by telephone to a Sales Trader.
• 6.2 The following terms apply when trading with or through us:
1. a) Instructions sent via the System or given by telephone shall only be deemed to have been received and shall only then constitute a valid Instruction when such Instruction has been recorded by us and confirmed by us to you through the System;
2. b) if any Instructions are received by us by telephone, computer or other medium we may ask you to confirm such Instructions in writing. We shall be authorised to follow Instructions notwithstanding your failure to confirm them in writing;
3. c) in relation to electronic communications, you consent to communications being made via electronic media. Communications sent through the System or by electronic media shall be treated as satisfying any legal requirement that a communication should be signed and in writing, to the extent permitted by applicable law. Please note that the internet and other electronic communications may not be secure, reliable, or timely. You acknowledge that any Instructions sent by you through the internet or other electronic means may be intercepted, copied, adapted, or imitated by third parties;
4. d) you may only place Instructions via the System or by telephone during our normal trading hours details of which are available on our website. We will only quote prices and accept Instructions during those hours. Where in our reasonable opinion, a public holiday in any jurisdiction affects the relevant market, we shall not be obliged to quote prices or accept Instructions in respect of any Instrument or Transaction related to that market. We shall endeavour to inform you of any limited hours of trading on our Website;
5. e) Instructions shall be given in such form to 4T Markets Limited and you shall from time to time agree;
6. f) if you request us to cancel your Instructions, we shall only be able to do so if we have not already acted on those Instructions. Instructions may only be withdrawn or amended by you with our consent;
• 6.3 You authorise us to rely on Instructions given to us and to act for you upon Instructions given or purporting to be given to us by you or any person authorised on your behalf without further enquiry as to the genuineness, authority or identity of the person giving or purporting to give such Instructions.
• 6.4 Where your employees are entering into Transactions with 4T Markets Limited on your behalf, it is your responsibility to ensure that such employees have the authority to do so. 4T Markets Limited will trade with you via your employees based on their apparent authority and 4T Markets Limited shall be under no obligation to monitor whether a particular employee is duly authorised.
• 6.5 An Order shall not constitute a binding Transaction between you and 4T Markets Limited unless accepted and executed by us.
• 6.6 We may, at our sole and absolute discretion refuse to accept or act up any Instruction from you if we reasonably believe that to do so may:
  1. a) involve us or you are in a breach of legal and/or regulatory requirements;
  2. b) be unreasonably or significantly impracticable for us; or
  3. c) run the risk of us suffering financial loss or reputational damage;
  4. d) We will try to advise you promptly if such circumstances arise however we are under no obligation to provide you with our reasons for not acting on your Instructions.
  Additionally, we may refuse to execute any Instruction with or without reason or notice and we may cancel any Instructions previously given by you provided that we have not acted upon your Instructions (and subject always to Manifest Error and Abusive Trading Strategies). Acceptance of an Instruction does not constitute any agreement or representation that we will execute that Instruction. We will not be liable to you in any way if we refuse to follow your Instructions.
• 6.7 We have the right (but no obligation) to set limits and/or parameters to control your ability to place Orders or other Instructions and hold Open Positioning at our sole and absolute discretion. Such limits and/or parameters may be amended by us at our sole and absolute discretion and may include (without limitation):
  1. a) We will try to advise you promptly if such circumstances arise however we are under no obligation to provide you with our reasons for not acting on your Instructions;
  2. b) controls over maximum Order amounts and sizes;
  3. c) controls over our total exposure to you;
  4. d) controls over prices at which Orders may be submitted (which include, without limitation, controls over Orders which are at a price which differs greatly from the market price at the time the Order is submitted);
  5. e) controls over the System (which include, without limitation, any verification procedures intended to ensure that any Instruction (s) has come from you); or
  6. f) any other limits, parameters or controls which may be required to be implement in accordance with applicable law or regulation.
  Where possible we will notify such amendments to you in advance.

7. PRICING

• 7.1 We will, from time to time, provide you with quotes via the System or over the telephone. Such quotes provided to you are indicative which are provided for information purposes only and do not constitute an offer to buy or sell any Instrument at that price. Where you place an Order following an indicative quote, we will consider that you are placing an Order at our then offered rate and such rate may differ from the indicative quote provided by us.
• 7.2 Although we expect that our pricing will be reasonably related to other pricing available in the “interbank market”, pricing reported by us may vary from pricing available to banks and other participants in that market. The “interbank market” is the market where banks and large institutions trade currency between themselves. We will, in our sole and absolute discretion, determine the pricing and price feed for your Account. Further, we reserve the right to modify the offered pricing and spread offered at any time although we will notify any such modification to you.
• 7.3 You acknowledge that the prices and maximum amounts we may offer to you may differ from prices and maximum amounts provided to our other clients and may be withdrawn or changed without notice. We may at our absolute discretion and without prior notice to you immediately alter, withdraw or refuse to deal on any price we may have published or cease the provision of prices altogether in some or all Products and for some or all delivery or settlement dates at any time (for example, where you have accepted a quotation from us or submitted an order at a particular price, we cannot guarantee the price at which your order is actually executed. This is commonly known as “slippage”. However, we will adopt a consistent approach, so sometimes such “slippage” will work in our favour and sometimes it will work in your favour).
• 7.4 You acknowledge and understand that Transactions are not traded on a physical exchange and, therefore, cannot be physically delivered. Therefore, you authorise us to rollover all Open Positions in your Account at the end of the Business Day into the next Business Day, which may be inclusive of the weekend or holiday when the market is closed for trading. The positions will be rolled over and we may charge you a fee in respect of each such position that is rolled over by debiting or crediting your Account. The fees that we charge will be published on the System.
• 7.5 For the avoidance of doubt, we will not arrange delivery of any applicable underlying investment or product which is linked to any Product (including any foreign currency) unless we deem it necessary or if we otherwise agreed in writing with you to do so and, accordingly, unless such arrangements have been made by us any open positions (where applicable) shall be closed and the resulting profit or loss credited or debited to your account with us.
• 7.6 It is important for you to note that the execution of Orders will vary depending on the System which you are using for your trading activities. We highly recommend that you refer to our Execution Policy before you begin your trading activities and subsequently on a regular basis.

8. TRADING CONFIRMATIONS AND ACCOUNT STATEMENTS

• 8.1 Where possible, we will provide you with daily Account Statements in electronic form through the System and/or Secure Access Website (where available). Such Account Statements will include confirmations of Transactions (including ticket numbers), your end of day trading balance and the profits and losses in your Account (realised and unrealised) and any other information required to be provided by the FCA Rules. We reserve the right to modify the format and content of Account Statements from time to time. Please check these daily Account Statements carefully.
• 8.2 We will also provide you with periodic reports concerning the content and value of your Account as often as is required by applicable law or as otherwise agreed by us. You can also generate daily, monthly, and yearly reports of your Account through the System and/or Secure Access Website (where available). Further, you may request receipt of Account Statements in hard copy or via email at any time by submitting a written request.
• 8.3 You understand and agree that we will therefore not be sending you monthly Account Statements. For this reason, it is your responsibility to generate your own Account Statement. We highly recommend that you consult your Account Statement, at least on a monthly basis on the first day of each month, in order to keep appraised of the trading activities in your Account.
• 8.4 We will provide you with a confirmation in electronic form confirming the execution of any Order and providing you with details of the Order. You should check the confirmation carefully.
• 8.5 Account Statements and confirmations shall, in the absence of Manifest Error, Abusive Trading Strategies or grossly obvious inaccuracies, be conclusive and legally binding on you, unless we receive from you an objection immediately upon receipt with such objection confirmed in writing (including email or similar electronic mail) and (in any event) no later than One (1) Business Day of the Transaction appearing in the System or Secure Access Website (where available). If we have notified you of any such error, we shall issue a revised Account Statement and the revised Account Statement shall be conclusive and binding on you, unless we receive your objection in writing within one (1) Business Day of dispatching the revised Account Statement to you. Communications mailed, electronically transmitted, or otherwise sent to you at the address specified in our records will be deemed to have been received by.

9. OPERATING YOUR ACCOUNT

BASE CURRENCY, DEPOSITS, PAYMENTS, CORPORATE EVENTS AND WITHDRAWALS

• 9.1 You agree to comply with the following when making payments to us under these Terms:
  1. a) all payments to us (including deposits) are to be made in immediately available funds and to such account as is designated by us;
  2. b) we do not accept, nor process payments directed to or originating from accounts belonging to someone other (third person) than the 4T Markets named account holder, or a joint account to which the 4T Markets named account holder is a beneficiary of;
  3. c) all payment to us must be made without set-off or counterclaim and without deduction. If you are compelled to withhold or make any deduction, you shall pay additional amounts to ensure receipt by us of the full amount which we would have received but for such withholding or deduction;
  4. d) you may make any payment to us (including deposits) by an approved Card, or bank wire or any other method specified by us from time to time;
  5. e) you are responsible for all third party electronic, telegraphic transfer or other bank fees in respect of payment as well as any fees or charges imposed by us, which may be based on the elected payment method;
  6. f) If any payment is not received by us on the date such payment is due, then (without limitation of any other rights we may have) we will be entitled to charge interest on the overdue amount at a rate not exceeding the effective cost to us of borrowing in the relevant money markets an amount equal to the sums due or such other rate as we may have notified to you;
  7. g) any payment made to us will only be deemed to have been received when we receive cleared funds; and
  8. h) you bear the responsibility to ensure that payments made to us are correctly designated in all respects including without limitation, your Account details where required by us.
  Each client should note the inherent vulnerability to failure, delay and/or disruption of online payment systems, as may be associated with the Payment Service Provider. The client is strongly recommended to keep their anti-virus software up-to-date and to continuously check their computer for viruses. Under no circumstances shall 4T Markets be held responsible for any delays, malfunctions and/or outages of the payment systems and/or any other technical systems, which belong to or are operated by the Payment Service Provider and/or for the results of such delays, malfunctions and/or outages.
• 9.2 You may request a withdrawal or transfer of funds from your Account where the balance of your Account is positive. We will endeavour to process these withdrawals within Three (3) working days from receipt, and within normal business hours. We may at our sole and absolute discretion withhold, deduct, or refuse to make a payment (in whole or in part) where:
  1. a) you have Open Positions, or the Account is showing a Loss;
  2. b) the requested payment would reduce your Account balance to less than the amount required to meet your Margin Requirement in respect of your Open Positions;
  3. c) we reasonably consider that funds may be required to meet any current or future Margin Requirement on Open Positions due to underlying market conditions;
  4. d) you have any actual or contingent liability to 4T Markets or any Service Provider, Appointed Representative or Account Manager;
  5. e) we reasonably determine that there is an unresolved dispute between us and you relating to these Terms or any other agreement between us;
  6. f) you instruct us to pay a third party from your Account; or
  7. g) we reasonably consider that making such payment would cause us to breach or otherwise infringe any applicable law.
• 9.3 Unless otherwise agreed in writing by us and subject always to compliance with applicable law, all payments from your Account shall be made in the form of a return payment to a Card, or bank wire transfer. We do not make payments in cash or by cheque.
  You are encouraged to beware of any inaccuracies on the payment request. Moreover, in the event that you have made an erroneous or incorrect Payment request, 4T Markets shall not be obligated to reclaim the payment from the Payment Service Provider nor reimburse you for any fees, costs or other expenses occurred therein. You shall be responsible for compensating 4T Markets for any costs or damages incurred as result of the erroneous or incorrect Payment request.
• 9.4 You will be asked to designate a Base Currency for each Account. We will accept Pounds Sterling, United States Dollars, Euros, or any other currency specified by us from time to time as Base Currency.
• 9.5 All payments into your Account will be converted from the currency in which they are received into the Base Currency of the Account in which they are deposited. The terms of this Clause will also apply where we make any payment to your Account in a currency other than the Base Currency of the Account receiving the deposit.
• 9.6 All payments from your Account will be made in the Base Currency of that Account unless we agree in writing that such payment should be made in a different currency. The terms of this Clause will also apply where any interest, costs, commissions, or other charges to be debited from your Account are in a currency other than the Base Currency of the Account. Where we agree to make a payment in a currency other than the Base Currency of the Account, we will convert the relevant payment amount from the Base Currency to the agreed currency for payment.
• 9.7 Whenever we conduct currency conversions, we will do so at such rate of exchange as we select at our sole and absolute discretion. You agree that we will be entitled to add a mark-up to the exchange no greater than 1% on transactions over £10,000 and no greater than 2% on transactions less than £10,000.
• 9.8 Unless we provide you with written notice to the contrary, all payments and deliveries by us to you will be made on a net basis. We will not be obliged to deliver or make any payment to you unless and until you provide us with any required documents or cleared funds.
• 9.9 If any instrument becomes subject to a possible adjustment due to any Corporate Event, we will determine the appropriate adjustment and apply this to your account. Any such adjustment will be determined reasonably and in line with market practice and will be binding upon you.

10. PAYMENTS RELATING TO YOUR TRADING ACTIVITES

• 10.1 You will be responsible for the due performance of obligations under each Transaction that is executed for the Account whether by payment of the purchase price, unless otherwise agreed by us in writing, you undertake to make the appropriate payments in connection with your trading activities or your Account on or before the date you have placed an Order with or through us. delivery of the relevant Instrument or otherwise
• 10.2 Unless otherwise agreed by us in writing, you undertake to make the appropriate payments in connection with your trading activities or your Account on or before the date you have placed an Order with or through us.
• 10.3 Where a Transaction does not settle on the due date for settlement, we may, in our sole and absolute discretion, provisionally credit and debit the Account on such due date of settlement as if the Transaction had settled on that date (contractual settlement). We may, however, at any time in our sole and absolute discretion reverse any such provisional debits and credits.
• 10.4 You hereby agree that you will confirm all payments made to us by providing details of such payments as required by us (whether wire transfer details or SWIFT or otherwise).

11. MARGIN

• 11.1 As a condition of entering into a Transaction, we may, in our sole and absolute discretion, require you to deposit Margin as security for payment of any losses incurred by you in respect of any Transaction. You must satisfy all Margin Requirements immediately as a condition to entering into any Transaction and we may decline to enter into a Transaction if you do not have sufficient funds in your Account to satisfy the Margin Requirement for that Transaction at the time the relevant Order is placed.
• 11.2 You agree that we will be entitled to assign such value to the Margin Requirements as we, in our sole and absolute discretion, will determine. In setting your Margin Requirements, we will take into consideration multiple factors including your account balance, your trading history and patterns, your trading style, your trading experience, the potential volatility of the Instruments you are trading, the historical volatility of the Instruments you are trading, etc. You agree that even if we have previously applied Margin Requirements to you at a specified level, it does not preclude us from raising or lowering your Margin Requirements at any time and on reasonable notice to you.
• 11.3 Our Margin Requirements for different types of Instruments are displayed on our website. However, we may notify you of Margin Requirements through alternative means. We reserve the right to determine specific Margin Requirements for individual Transactions and for each of our customers including you. We also reserve the right to modify Margin Requirements
• 11.4 You may access details of Margin amounts which are paid by you or due to us by logging into the System or by calling a Sales Trader at the 4T Markets trading desk. In extreme market conditions, we have discretion to close out your positions mandatorily without a Margin Call Warning being made to you. You therefore undertake that you will monitor market conditions and reassess your ability to maintain your Open Positions. Further, you agree that:
  1. a) It is your responsibility to understand how your Margin Requirements are calculated;
  2. b) you are responsible for monitoring and paying the Margin required at all times for all Transactions; and
  3. c) your obligation to pay Margin will exist whether or not we contact you regarding any outstanding Margin obligation.
• 11.5 You have a continuing obligation to ensure that your Account balance is equal to or greater than the Margin Requirements for all of your Open Positions. You undertake that you will maintain in your Account, at all times, sufficient Margin to meet your Margin Requirements. If you believe that you cannot or will not be able to meet your Margin Requirement, you should reduce your Open Positions or transfer adequate Margin to your Account to satisfy your Margin Requirements.
• 11.6 Where there is any shortfall between your Account balance and your Margin Requirement for your Open Positions, we may in our sole and absolute discretion choose to close or terminate, replace or reverse one, several, or all of your Orders (including pending Orders) and/or Transactions (including your Open Positions), and take, or refrain from taking, such other action at any time or manner as we, at our sole and absolute discretion, deem appropriate to cover, reduce or eliminate our Liability under or in respect of any of your Orders or Transactions.
• 11.7 Where you are near breach or in breach of any Margin Requirements, we may make a Margin Call Warning in accordance with these Terms. You agree that:
  1. a) we are not obliged to make a Margin Call Warning to you;
  2. b) where we elect to make a Margin Call Warning, we may make the Margin Call Warning at any time through the System or any other means as determined by us from time to time. For this reason, you should keep us regularly appraised of changes in your contact details. We will not be liable for any failure to contact you with respect to a Margin Call Warning where you have not provided up to date contact details to us;
  3. c) should we make a Margin Call Warning, the terms and conditions of the Margin Call Warning will be detailed within such warning, and we reserve the right to change the terms and conditions of any Margin Call Warning based on market conditions;
  4. d) even if we have made a Margin Call Warning to you, this does not oblige us to take any liquidation action in accordance with Clause 16.6 (whether due to changes in market conditions or otherwise). Further, you agree that we are entitled to delay the cancellation of your Orders (including pending Orders) and/or the liquidation of your Transactions (including your Open Positions) to a later date and at the conditions (including price, level, rate) to be determined by us in our sole and absolute discretion; and
  5. e) we will not be limited or restricted by the content of any Margin Call Warning if or were made. We will be deemed to have made a Margin Call Warning if we notify you electronically via the System.
• 11.8 You may satisfy your Margin Requirement and/or a Margin Call Warning by providing Margin in any form acceptable to us.
• 11.9 Margin will not be required where we have expressly agreed to reduce or waive all or part of your Margin Requirement. The period of such waiver or reduction may be temporary or may be in place until further notice. Any such waiver or reduction must be agreed in writing by us (including by email) and will not limit, fetter, or restrict in any way our right to seek further Margin from you.

12. MULTIPLE ACCOUNTS

Where you have opened more than one Account with us, we are entitled, in our sole and absolute discretion and on reasonable notice to you, to transfer funds, assets, collateral or security from one Account to another to satisfy Margin Requirements even if such transfer will necessitate the closing of Open Positions or the cancellation of Orders on the Account from which the transfer takes place. If the Agreement terminates, we will not be obliged to repay any cash Margin to the extent that you owe, or may owe, Liabilities to us. In determining the amounts of cash Margin, your Liabilities, and our obligations to you, we may apply such methodology (including judgements as to the future movement of markets and values) as we consider appropriate, consistent with applicable law.

13. NETTING AND SET OFF

• 13.1 It is agreed between us that all transactions between you and us, whether under these Terms or any other agreement, shall be mutual dealings and part of a single, indivisible, contractual and business relationship notwithstanding that the relevant transactions may be governed by different documentation.
• 13.2 Without prejudice to our right to require payment from you in accordance with these Terms, we will have the right at any time to set-off any Losses incurred by us in connection with your Account or your trading activities against:
  1. a) your Account;
  2. b) any funds, monies, or investment of any kind which we may owe you whether under these Terms or under any other contractual arrangements which you may have with us.
• 13.3 If any Loss or debit balance exceeds all amounts so held, you must immediately pay such excess to us whether demanded or not. You also authorise us to set-off sums held by us for or to your credit in a joint account against Losses incurred by such joint account.
• 13.4 If an obligation cannot be reasonably ascertained, we may in good faith estimate that obligation and set-off in respect of that estimate.

14. CHANGES TO OUR SERVICES

• 14.1 We may, with prior written notice to you, cease to offer some or all services and/or remove some or all Instruments from our then prevailing offering. We may from time to time, with prior written notice to you, discontinue or deactivate a System or novate your Account from one System to another System (the ‘New System’) if, in our reasonable opinion, the New System would provide you with similar, additional, or more competitive products and services including, pricing and execution facilities, fees, commissions and spreads.
• 14.2 Your failure to cancel any Orders and/or close any Open Positions in respect of such affected product or service before the time specified in our notice will result in 4T Markets Limited cancelling all Orders and closing all Open Positions in respect of the affected service or any Instrument or product at the time and, if applicable in accordance with the manner specified in the notice or the last price available on the date the product or service ceases to be offered.

15. FEES, CHARGES AND OTHER COSTS

• 15.1 We will generally be remunerated for providing you with the services by entering into Transactions at prices which include a mark-up, mark-down (bid/ask spread) and/or a commission. Fees will generally be applied to your Account on a per trade basis but may also be applied on any other basis as we determine from time to time. You understand that such fees vary on a daily and continuous basis depending on many factors including market conditions, currency pairs, availability of instruments in the market etc.
• 15.2 We will also charge you for costs and expenses incurred by us in providing the services such as costs and charges for incidental banking-related fees such as wire charges for deposits/withdrawals and inactivity fees as well as any telephone order fees, transfer fees, registration costs, taxes and other similar costs and Transaction-related expenses which may include additional expenses attributed by 4T Markets to the execution of Transactions for your Account and fees arising out of Transactions in your Account. We include a comprehensive list of such costs and expenses on the deposits and withdrawals pages in our Client Portal.
• 15.3 All Open Positions which remain open after close of business each day may be subject to a rollover or swap rate. All Open Positions will be rolled over by debiting or crediting your Account in accordance with the daily rollover rates which are provided to us by our liquidity providers and may include a mark-up or mark-down. Rollover times, rates and swap rates vary based on the trading platform and are available on our website.
• 15.4 When funding an Account by Card, the following terms and conditions will apply:
  1. a) we are not responsible for any fees or charges charged by your Card provider or the issuing bank;
  2. b) any payments made to us using a Card will be credited to your Account net such Card charges. Similarly, any refund made by us from your Account to your Card will also be net of any Card charges. Further, unless otherwise agreed by us, any payments made into your Account by Card may not be subsequently withdrawn by cash, wire, cheque, or other means and may only be returned to the originating source of funds;
  3. c) You agree to be held both liable for any fraudulent Card transactions or purchases which are used to fund your Account or used as Margin for your Account. Further, you acknowledge that we may act against you in order to collect any fraudulent funds which are used to fund your Account or used as Margin for your Account.
• 15.5 Where you have appointed an Account Manager, we may apply to your Account management charges, performance fees and any other fees or charges as agreed between you and your Account Manager from time to time in connection with your trading activities.
• 15.6 If you do not use your account to carry out any Trading Activity for a period of 90 calendar days (“Qualifying Period”), such account shall be deemed to be inactive (“Inactive Account”). Trading Activity relates to placing or closing a trade or maintaining an open position.
• 15.7 Any Inactive Account will attract an administration fee (the "Inactive Account Fee") in an amount of $50 (or currency equivalent) or 5% of the available balance of the account on the date the fee is to be taken (whichever amount is greater). The Inactive Account Fee shall be deducted from the Inactive Account on the last working day of each calendar month following the Qualifying Period.
• 15.8 The Inactive Account Fee will be deducted until the earlier of either: (1) the account balance being reduced to zero; or (2) the trading activity in the account has resumed. In each situation the Inactive Account Fee shall cease to be deducted.
• 15.9 We reserve the right to close any Inactive Account whose available balance has been reduced to zero without prior notice.
• 15.10 Independent of the above Clauses, we will be entitled to demand that you pay on 10 calendar days’ prior written notice any of our reasonable expenses caused by your non-performance of your obligations under these Terms, including a fee reasonably determined by us in relation to forwarding of reminders and legal assistance.

16. CLIENT MONEY

• 16.1 Without prejudice to the provisions clause 17, this clause 16 will only apply to you for all or any money that we receive or hold on your behalf where we have expressly notified you in writing that we will hold any such money as Client Money for the purposes of the Client Money Rules.
• 16.2 Any such money will be held in an account with us or with a bank approved by us and will be segregated from our own funds in accordance with the Client Money Rules, your money may be pooled with the money of other clients in a general omnibus account.
• 16.3 We will not pay interest to you on any of your money that we hold and by entering into the Agreement you acknowledge that you waive any entitlement to interest on such money under the FCA Rules or otherwise.
• 16.4 We may hold your money with banks located outside the United Kingdom. The legal and regulatory regime applying to any such bank will be different from that of the United Kingdom and in the event of the insolvency or any other equivalent failure of the bank, your money may be treated differently from the treatment which would apply if the money was held in the United Kingdom. We will not be responsible or liable to you for the solvency, acts or omissions of any bank or other third-party holding money under this clause16
• 16.5 Any monies sent by you to us by debit or credit card will be transmitted through a regulated payment service provider. Accordingly, any online payment by you will result in your funds being transferred first to the payment service provider and subsequently to us. Your monies will only become subject to the Client Money Rules once they are received by us in our accounts from the payment service provider.
• 16.6 We are authorised to convert money in your account (including for margin) into and from such foreign currency at a rate of exchange determined by us on the basis of the then prevailing money market rates. In such circumstances, we will not be responsible or liable to you for any loss suffered by you as a result of such action (although, we will use reasonable endeavours to only convert such funds as may prudently be required to cover liabilities in respect of relevant transactions).
• 16.7 Where any obligations owing to us from you are due and payable to us, we may cease to treat as Client Money so much of the money held on your behalf as equals the amount of those obligations in accordance with the Client Money Rules. You agree that we may apply that money in or towards satisfaction of all or part of those obligations due and payable to us. For the purposes of this clause 17, any such obligations become immediately due and payable, without notice or demand by us, when incurred by you or on your behalf.
• 16.8 You agree that we shall be entitled to apply money you hold with us in or towards satisfaction of all or any part of any Liabilities which are due and payable.
• 16.9 You agree that we may cease to treat your money as Client Money if there has been no movement on your balance for at least six years. We shall write to you at your last known address informing you of our intention of no longer treating your balance as client money and giving you a timescale within which to make a claim.

17. TOTAL TITLE TRANSFER ARRANGEMENTS

• 17.1 This Term 17 shall apply to Professional Clients and Eligible Counterparties only. Subject to clause 16, when you transfer money to us (including margin), or money is received by us on your behalf, you agree that:
  1. a) the absolute title of the money is transferred to us for the purpose of securing or otherwise covering your present, future, actual or contingent or prospective obligations to us (Title Transfer Funds). Any such Title Transfer Funds so transferred to us shall be transferred free and clear of any lien, pledge, claim, charge, encumbrance, or other security interest whatsoever; and
  2. b) such Title Transfer Funds will not constitute Client Money under, and will not be held in accordance with, the Client Money Rules and we shall not owe any fiduciary duties to you in respect of such Title Transfer Funds. Upon transfer to us, Title Transfer Funds shall become our absolute property and you shall not retain any equity, right, title or interest in such Title Transfer Funds; and
  3. c) you acknowledge that in relation to the Title Transfer Funds, you will lose the protections that you would otherwise have if such money was held as Client Money for the purposes of the Client Money Rules which therefore increases the risk to you.
• 17.2 Subject to our rights under the Agreement and each transaction, we shall have a contractual obligation to repay to you an amount of money equivalent to the Title Transfer Funds to which you may be entitled (or in our absolute discretion assets to the value thereof) when it is no longer necessary for us to hold the Title Transfer Funds. Accordingly, you will not have a proprietary claim over such money, and we can deal with it as our own until we repay it to you. We will transfer an equivalent amount of money back to you where, in our discretion, we consider that the amount of money you have transferred to us is more than is necessary to cover your present, future, actual or contingent or prospective obligations to us. Our repayment obligations shall be reduced to the extent that: (i) we are entitled to apply such money, or set-off its repayment obligation, against any of your obligations to us, whether under any Transaction, the Agreement or otherwise; and/or(ii) any market, intermediate broker, bank or other third party to whom we have transferred money as margin in relation to transactions, fails (whether as a result of insolvency or otherwise) to return an equivalent amount of money to us. In determining the amount of collateral and the amounts of cash margin, your present, future, actual or contingent or prospective obligations to us, and our obligations to you, we may apply such methodology (including judgements as to the future movement of markets and values) as we consider appropriate, consistent with Applicable Regulations.
• 17.3 We shall not be liable to you for the loss of any Title Transfer Funds which is the direct or indirect result of the bankruptcy, insolvency, liquidation, receivership, custodianship, or assignment for the benefit of creditors of any bank, another broker, market, clearing organisation, or similar entity.
• 17.4 You may request a cancellation of the Title Transfer Funds arrangements in which case we may terminate the Agreement and an amount of money (or in our absolute discretion assets to the value thereof) equivalent to the Title Transfer Funds due to you will be returned to you.

18. TAX

• 18.1 We will not provide you with any advice on tax issues related to any services. You are advised to obtain individual and independent counsel from your financial advisor, auditor, or legal counsel with respect to tax implications of the respective services.
• 18.2 There is a possibility that other costs, including taxes, related to transactions in connection with investments may be charged to you that are not paid via us or imposed by us. You will be responsible for meeting such costs and we will not assist you in calculating or paying those costs.
• 18.3 We reserve the right to exchange or report any information regarding your account, where 4T Markets are obliged to report information to HMRC or any other such official body, who may exchange that information with tax authorities in other jurisdictions under the Automatic Exchange of Information arrangements, without further notification to you.
• 18.4 You are responsible for the payment of all taxes that may arise in relation to your Transactions.

19. CONFLICTS OF INTERST

• 19.1 We may have an interest or relationship which conflicts with your interests or our duties to you. We have established and implemented a Conflicts of Interest Policy (which may be revised and updated from time to time) pursuant to FCA rules, which sets out how we must seek to identify and manage all material conflicts of interest. Our Conflicts of Interest Policy is a policy only; it does not form part of the Agreement and is not intended to be contractually binding or to impose any obligations on us which we would not otherwise have whether under the Agreement or the FCA Rules.
• 19.2 Depending on the exact nature of the conflict of interest, we may take certain actions in accordance with our conflicts of interest policy to mitigate the potential impact of the conflict. Such actions may include putting in place controls between the opposing sides of the conflict, which may control or prevent the exchange of information, and/or involve the appropriate management of staff activities and segregation of duties. If a material conflict arises and we are unable to satisfactorily mitigate the risk, we may manage such conflict by disclosing the interest to you.

20. SERVICE PROVIDERS

• 20.1 You may utilise any third-party trading system, course, program, software, or trading application offered by a Service Provider to provide you with trading programs, signals, information, risk management, hosting services or other trading assistance. If so, we will not be responsible for any agreement made between you and your Service Provider, or lack thereof. You accept that any such Service Provider will either be acting as an independent intermediary or an agent for you and that your Service Provider is not an agent or employee of 4T Markets Limited. You further accept that your Service Provider is not authorised to make any representation relating to us or our Services.
• 20.2 We do not control and cannot endorse or vouch for the accuracy or completeness of any information, recommendation, or advice you may have received or may receive in the future from a Service Provider. Moreover, we do not endorse or vouch for any product or service provided by a Service Provider. Since the Service Provider is not an agent or employee of 4T Markets Limited it is your responsibility to properly evaluate the Service Provider before engaging its services.
• 20.3 You accept that the Service Provider appointed by you may be able to place Orders on your behalf in your Account (for example where you are using a trading signal or risk management program which places Orders on your behalf automatically without requesting your prior consent to specific or bulk Orders). Any such Service Provider may have access to your personal information held with us including your trading activity.
• 20.4 You are using the services and products offered by Service Providers at your own risk. You are solely responsible for assessing the suitability and appropriateness of such services and products to your needs and experience. Accordingly, you agree that:
  1. a) we do not support, maintain, or service any product offered by Service Providers or installed or used in conjunction with the System;
  2. b) we disclaim all responsibility for connection speed, efficiency, availability, and malfunctions between any Service Provider and the System. Further, we disclaim all responsibility and shall not be liable for any damages which you may suffer, including loss of funds, data, or service interruptions as a result of using services and products offered by Service Providers;
  3. c) we have no obligation to review any past or actual performance results published by Service Providers, nor the potential for these results to be achieved. Further, we make no warranty or representation that any indications of past or future performance provided by Service Providers can be, will be, or would have been, achieved; and
  4. d) we make no warranty or representation as to the suitability for you to use Service Providers, or to the quality or completeness of any information (facts, analysis, recommendations, or other opinions) provided to you by Service Providers.
• 20.5 The provisions of the foregoing Clauses 20.4 shall apply irrespective of whether or not we offer, refer, or promote a Service Provider.
• 20.6 By installing, accessing or otherwise utilising services or products offered by Service Providers in conjunction with your trading activity using the System, including but not limited to any charts, signals, analytical tools, or reports provided by such applications, you accept our disclaimer of liability contained herein.

21. APPOINTED REPRESENTATIVES

• 21.1 If you have been referred to us through an authorised Appointed Representative, we will not be responsible for any agreement made between you and your authorised Appointed Representative, or lack thereof. You accept that any such authorised Appointed Representative will either be acting as an independent intermediary or an agent for you and that your authorised Appointed Representative is wholly separate and independent from 4T Markets Limited and is not an agent, associate, or employee of 4T Markets Limited. You further agree that your authorised Appointed Representative is not authorised to make any representation relating to us or our services.
• 21.2 We do not control and cannot endorse or vouch for the accuracy or completeness of any information, recommendation, or advice you may have received or may receive in the future from an authorised Appointed Representative. Since the authorised Appointed Representative is not an agent or employee of 4T Markets Limited, it is your responsibility to properly evaluate an authorised Appointed Representative before engaging its services.
• 21.3 You are specifically made aware that your agreement with your authorised Appointed Representative may result in additional costs for you as:
  1. a) we may pay one-off or regularly scheduled fees or commissions to such person or entity from your Account or by us directly; and
  2. b) where you and your authorised Appointed Representative agree to compensation on a per-trade basis depending on your trading activity, such compensation to the authorised Appointed Representative may be in the form of a commission and/or require you to incur a mark-up, above and beyond the ordinary spread provided by us. Such compensation may be paid to the authorised Appointed Representative from your Account or by us directly.
• 21.4 You accept that frequent transactions may result in a sum of total commissions, fees or charges that may be substantial and may not necessarily be offset by the net profits, if any, achieved from the relevant trades. It is yours and the authorised Appointed Representative’s responsibility for correctly assessing whether the size of the total commissions, fees or charges for trades conducted and paid from your Account is commercially viable. We only act as Principal, and therefore are not responsible for the size of the commissions, fees or charges paid by you to your authorised Appointed Representative.
• 21.5 You agree that the authorised Appointed Representative will have access to your personal information held by us including your trading activity. You further accept that your authorised Appointed Representative may have been introduced to us by a third party who may be compensated based on your introduction to us or on your trading history. Where this occurs, you agree that the third party who introduced your authorised Appointed Representative will have access to your personal information held by us including your trading activity.
• 21.6 Subject to applicable law, any commissions, fees, or charges may be shared between us, the authorised Appointed Representative and third parties.

22. REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS

• 22.1 You represent and warrant to us on the date the Agreement comes into effect and as of the date of each Transaction that:
  1. a) you have reached the age of 18 years or over and have full capacity to enter into the Agreement;
  2. b) you have all necessary authority, powers, consents, licences, and authorisations and have taken all necessary action to enable you lawfully to enter into and perform the Agreement and such Transaction and to grant the security interests and powers referred to in the Agreement;
  3. c) the Agreement, each Transaction and the obligations created under them both are binding upon you and enforceable against you in accordance with their terms (subject to applicable principles of equity) and do not and will not violate the terms of any regulation, order, charge or agreement by which you are bound;
  4. d) no Event of Default or Potential Event of Default has occurred and is continuing with respect to you or any Credit Support Provider;
  5. e) unless we agree otherwise in writing, you act as principal and sole beneficial owner (but not as trustee) in entering into the Agreement and each Transaction;
  6. f) any information which you provide or have provided to us in respect of your financial position, domicile or other matters is complete and accurate and not misleading in any material respect and you acknowledge that a failure to provide or to have provided to us such information may adversely affect our ability to provide services under the Agreement;
  7. g) you are willing and financially able to sustain a total loss of funds resulting from Transactions and trading of such Transactions is a suitable investment vehicle for you;
  8. h) you are not a natural person acting outside your trade business or profession and as such would not be classed as a consumer for the purposes of The Distance Marketing Directive and chapter 5 (distance Marketing) of the FCA's Conduct of Business Sourcebook; the information provided to us as part of the application process for your Account and at any time thereafter is true and accurate in all respects;
  9. i) except as otherwise agreed by us, you are the sole beneficial owner of all margin you transfer under the Agreement, free and clear of any security interest whatsoever other than a lien routinely imposed on all securities in a clearing system in which such securities may be held;
  10. j) all representatives from whom we may receive instructions on your behalf (including, without limitation, employees) are authorised by you to give such instructions and, to the extent such representative is required to be approved by any relevant regulator is in fact so approved; and
  11. k) you have in place appropriate policies and procedures to ensure your full compliance with any local and any applicable international anti-money laundering obligations and shall, upon our request, promptly provide us with copies of such policies and procedures.
• 22.2 You covenant to us that:
1. a) you will at all times obtain and comply, and do all that is necessary to maintain in full force and effect, all authority, powers, consents, licences, and authorisations referred to in this clause;
2. b) you will promptly notify us of the occurrence of any Event of Default or Potential Event of Default with respect to yourself or any Credit Support Provider;
3. c) you will use all reasonable steps to comply with all Applicable Regulations in relation to the Agreement and any Transaction, so far as they are applicable to you or us;
4. d) you will notify us if any representative from whom we may have received instructions ceases to be authorised by you to give such instructions and/or ceases to be approved by the FCA (if relevant);
5. e) upon demand, you will provide us with such information as we may reasonably require to evidence the matters referred to in this clause or to comply with any Applicable Regulations;
6. f) you will promptly provide us with such further information as we may reasonably request from time to time arising out of or in relation to the Agreement.
7. g) you will not carry out any Abusive Trading. you will consult the Website regularly in order to receive updates to the Risk Warning;

23. DEFAULT AND DEFAULT REMEDIES

• 23.1 On an Event of Default or at any time after we have determined, in our absolute discretion, that you have not performed (or may not be able or willing in the future to perform) any of your obligations to us, we shall be entitled without prior notice to you:
  1. a) instead of returning to you investments equivalent to those credited to your account, to pay to you the fair market value of such investments at the time we exercise such right, and/or
  2. b) to sell such of your investments as are in our possession or in the possession of any nominee or third party appointed under or pursuant to the Agreement, in each case as we may in our absolute discretion select or and upon such terms as we may in our absolute discretion think fit (without being responsible for any loss or diminution in price) in order to realise funds sufficient to cover any amount due by you hereunder, and/or
  3. c) to close out, replace or reverse any Transaction, buy, sell, borrow or lend or enter into any other transaction or take, or refrain from taking, such other action at such time or times and in such manner as, at our sole discretion, we consider necessary or appropriate to cover, reduce or eliminate our loss or liability under or in respect of any of your contracts, positions or commitments; and/or
  4. d) to treat any or all Transactions then outstanding as having been repudiated by you, in which event our obligations under such Transaction or Transactions shall thereupon be cancelled and terminated.
• 23.2 On the occurrence of an Event of Default, you irrevocably appoint (i) 4T Markets Limited and (ii) each director and secretary of 4T and (iii) each employee of 4T who is of senior management level, severally as your attorney, to execute and deliver all documents and to do all things which your attorney may consider necessary or desirable to give effect to the provisions of the Agreement, and in particular, without limitation, in connection with, or incidental to, the exercise of any of our rights and powers under the Agreement which may be exercised notwithstanding any conflict between our interests and those of you. This appointment survives termination of the Agreement.
• 23.3 Unless required by Applicable Regulations, either party may terminate the Agreement (and the relationship between us) with immediate effect by giving written notice of termination on the other.
• 23.4 We may terminate the Agreement immediately if you fail to observe or perform any provision of the Agreement or upon an Event of Default.
• 23.5 Upon terminating the Agreement, all amounts payable by you to us will become immediately due and payable including (but without limitation):
  1. a) all outstanding fees, charges and commissions; and
  2. b) any dealing expenses incurred by terminating the Agreement; and
  3. c) any losses and expenses realised in closing out any transactions or settling or concluding outstanding obligations incurred by us on your behalf. Termination shall be without prejudice to all accrued and outstanding rights and obligations and, notwithstanding such termination clause 31 (Exclusions, Limitations and Indemnity) and clause 26 (Miscellaneous) and Transactions which shall continue to be governed by the Agreement and the particular clauses agreed between us in relation to such Transactions until all obligations have been fully performed.
• 23.6 The following events (and each event separately) will constitute an Event of Default:
  1. a) if we have reasonable grounds to believe that you are in material breach of any of your obligations to us whether under these Terms or under any other agreement;
  2. b) where you are a natural person, if you die or become of unsound mind;
  3. c) an Act of Insolvency occurring in respect of you or any of your affiliate(s). For the purpose of this Clause only, affiliates mean, any entity controlled, directly or indirectly, by you or that directly or indirectly controls you, whereby controlling means ownership of a majority of the voting power of either you or the entity you are controlling;
  4. d) if you are unable to pay your debts as they fall due or are bankrupt or insolvent as defined under any bankruptcy or insolvency law applicable to you;
  5. e) we consider, in our sole and absolute discretion, that your creditworthiness is materially weaker, immediately following any of the following designated events:
  6. f) you consolidate or amalgamate with, or merge with or into, or transfer all or substantially all your assets (or any substantial part of the assets comprising the business conducted by you) to, or reorganise, reincorporate, or reconstitute into or as, another person;
  7. g) any person or group of persons (whether in one or more related transactions) acquires a beneficial ownership in your business; or
  8. h) any person or group of persons (whether in one or more related transactions) is granted directly or in directly through contractual arrangements a substantial influence over your business.
  9. i) any event which we reasonably consider could result in the continuation of these terms causing a violation of any laws, applicable regulations, or good standard of market practice;
  10. j) any representations or warranties made by you being incorrect, untrue, or ceasing to be true in any material respect when made or repeated or deemed to have been made or repeated or any undertaking made by you where such undertaking fails to be met;
  11. k) an admission by you that you are unable to, or intend not to, perform any of your obligations under these Terms; or
  12. l) the occurrence of an event of default, termination event or other similar event (howsoever described) under any agreement between you and us.

24. FORCE MAJEURE

• 24.1 “Force majeure” any event which is beyond the reasonable control of a party, and which renders the performance of all or part of the obligations of such party to be virtually impossible or economically impracticable.
• 24.2 Neither party will be liable for any Losses resulting from any failure to perform their obligations hereunder to the extent that such failure to perform was, directly or indirectly, caused by a Force Majeure Event,
• 24.3 Upon the occurrence of a Force Majeure Event, we will use commercially reasonable efforts to provide the services. We will, if practically possible, give you written notice that a Force Majeure Event has occurred. Upon occurrence of a Force Majeure Event, all of our obligations under these Terms will be immediately suspended for the duration of such Force Majeure Event. Additionally, you agree that given the circumstance we may take any one or more of the following steps:
  1. a) alter normal trading times;
  2. b) alter the Margin Requirements;
  3. c) close any or all Open Positions, cancel Instructions and Orders as we deem to be appropriate in the circumstances; and/or
  4. d) take or omit to take all such other actions as we deem to be reasonably appropriate in the circumstances having regard to your positions and the positions of our other customers.

25. MANIFEST ERRORS

• 25.1 A "Manifest Error" means a manifest or obvious misquote by us, or any market, exchange, price providing bank, information source, commentator or official on whom we reasonably rely on which is not indicative of fair market value at the time an Order is placed. A Manifest Error could include but is not limited to, inaccurate third party or liquidity provider data or pricing, a mistype of a quote, an erroneous quote or misquote provided by a Sales Trader or a System due to the failure of any software or hardware, whether given by telephone and/or other electronic means. When determining whether a situation amounts to a Manifest Error, we may take into consideration all information in our possession including, without limitation, information concerning all relevant market conditions and any error in, or lack of clarity of, any information source or announcement.
• 25.2 We will, when making a determination as to whether a situation amounts to a Manifest Error, act fairly towards you but the fact that you may have entered into, or refrained from entering into, a corresponding financial commitment, contract, or Transaction in reliance on an Order placed with us (or that you have suffered or may suffer any Loss) will not be taken into account by us in determining whether there has been a Manifest Error. We reserve the right, without prior notice, to:
  1. a) amend the details of relevant Transactions to reflect a price which is on or near the prevailing market prices, which will be determine by us in our sole and absolute discretion, acting in good faith, to be the correct or fair terms of such Transaction absent such Manifest Errors;
  2. b) if you do not promptly agree to any amendment made under (a) herein, void from its inception any Transaction resulting from or deriving from a Manifest Error or close or liquidate the Transaction or any Open Position resulting from such Transaction; and/or
  3. c) refrain from taking and refuse to take any action at all to amend the details of such a Transaction or to void, terminate, close, or liquidate such Transaction.
• 25.3 We shall not be liable to you for any Losses resulting from a Manifest Error or any action which we take or refrain from taking in relation to a Transaction notwithstanding any Manifest Error, except to the extent caused by our own fraud, wilful default, or negligence.

26. ABUSIVE TRADING STATEGIES

• 26.1 Abusive Trading Strategies may or may not be caused by the person benefiting from them. Abusive Trading Strategies are generally used by persons who are experts in trading. They include practices (without limitation) such as attacking the System in order to create and abuse price latency opportunities, internet or System connectivity, trading instruments which are clearly misquoted (arbitrage).
• 26.2 You represent and warrant to us at the time you enter into these Terms and every time you enter into a Transaction or give us any Order or other Instruction that you will not use Abusive Trading Strategies on the System. Given the grave nature of Abusive Trading Strategies, you agree that we may, at our sole and absolute discretion, revoke Transactions resulting from Abusive Trading Strategies without prior notice to you and regardless of whether such revocation would result in Losses in your Account or would cause you to breach your Margin Requirements. We reserve the right to take all necessary steps including making corrections or adjustments on your Account without prior notice for example, any Transaction placed through the System which relies on price latency, or an arbitrage opportunity may be modified, adjusted, corrected, rejected, terminated, or voided at any time, without prior notice, at our sole and absolute discretion. In addition, where such circumstances exist, you understand and agree that we shall not remit payments to or process withdrawal requests from you until the appropriate corrections are made to our satisfaction. When determining whether a situation amounts to an Abusive Trading Strategy, we may take into consideration all information in our possession including, without limitation, information concerning relevant market conditions and errors in the System.
• 26.3 We will not be liable to you for any loss, cost, claim, demand, or expense you may suffer resulting from any action we take in connection with addressing your Abusive Trading Strategies or any action which we take or refrain from taking in relation to Transactions resulting from your Abusive Trading Strategies, except to the extent caused by our own fraud, wilful default, or negligence.

27. MARKET ABUSE

• 27.1 When we execute a Transaction on your behalf, we may buy or sell on securities exchanges or directly from or to other financial institutions shares or units in the relevant Instrument. The result is that when you enter into Transactions with us, your Transactions can have an impact on the external market for that instrument in addition to the impact it might have on our price. This creates a possibility of market abuse, and the purpose of this Clause is to prevent such abuse.
• 27.2 You represent and warrant to us at the time you enter into these Terms and every time you enter into a Transaction or give us any Order or other Instruction that you will not place and have not placed an Order or entered into a Transaction that contravenes any law or regulation prohibiting insider dealing, market manipulation or any other form of market abuse or market misconduct.
• 27.3 We are entitled (and in some cases required) to report to any relevant regulatory authority details of any Transaction or Instruction which would be deemed to constitute market abuse. You may also be required to make appropriate disclosures and you undertake that you will do so where so required

28. EXCLUSIONS, LIMITATIONS OF LIABILITY AND REIMBURSEMENT

• 28.1 Without limitation, we will not be responsible or liable:
  1. a) for the performance or profitability of your Account or any part thereof;
  2. b) for any actions we may take pursuant to our rights under these Terms;
  3. c) for any losses or other costs or expenses of any kind arising out of or in connection with the placement of Orders or the execution of Transactions;
  4. d) for any adverse tax implications of any Transaction whatsoever;
  5. e) by reason of any delay or change in market conditions before any particular Order is executed; and
  6. f) for communication failures (including telecommunication network failures), distortions or delays whether in connection with the System, your Account or otherwise which are not attributable to the failure of our technology
• 28.2 We shall not be liable to you for the acts and omissions of any relevant intermediate broker, agent or principal of ourselves, custodian, sub-custodian, dealer, exchange, clearing house or regulatory or self-regulatory organisation, or any other third party in connection with any Transaction or any other matter contemplated under or ancillary to the Agreement.
• 28.3 You shall pay to us such sums as we may from time to time require in or towards satisfaction of any debit balance on any of your accounts with us and, on a full indemnity basis, any losses, liabilities, costs or expenses (including legal fees), taxes, imposts and levies which we may incur or be subjected to with respect to any of your accounts or any Transaction or any matching transaction on an Exchange or with an intermediate broker or as a result of any misrepresentation by you or any violation by you of your obligations under the Agreement (including any Transaction) or by the enforcement of our rights.
• 28.4 You shall indemnify us and keep us indemnified against all liabilities (which includes, without limitation, all losses, costs (including legal and other professional costs), damages, expenses, taxes, duties, charges or any other liability whatsoever) incurred by us in the performance of our obligations under the Agreement or the enforcement of our rights hereunder and, in particular, without prejudice to the generality of such indemnity, against all amounts which may be necessary to compensate us for all liabilities sustained or incurred by us (including but not limited to our administrative costs and charges and loss of profits) as a result of:
  1. a) any default in payment of any sum when due or any other breach of the Agreement or specific terms applying to a Transaction;
  2. b) us doing and taking all or any such action and steps whatsoever in order to carry out the terms of the Agreement or specific terms applying to a Transaction; or
  3. c) us exercising our rights under the Agreement to close out all or any part of any Transaction.
  4. d) as a result of any misrepresentation by you or any violation by you of your obligations under these Terms & Conditions (including any Transaction); or
• 28.5 Our liability in respect of any Transaction is limited to a sum not exceeding the amount payable by us in respect of such Transaction.
• 28.6 Nothing in the Agreement is intended to limit or exclude any liability we may owe you under FSMA, any regulations made under the FSMA or under the FCA Rules or any other statutory rights you may have.
• 28.7 Links: The System may contain links to other websites which are not controlled by us or any of our Associates and contain material produced by independent third parties. The owners of such linked websites do not necessarily have any relationship, commercial or otherwise, with us. The existence of a link from the System to any third-party website does not constitute a recommendation or other approval by us or any of our Associates or Service Providers of such website its content or any provider thereof. Any opinions or recommendations expressed on third party websites are those of the relevant provider and are not the opinions or recommendations of ours or any of our Associates. Neither we nor any of our Associates accepts any responsibility for content provided on any website that may be accessed through links on the System.
• 28.8 Nothing in these Terms is intended to have, or has, the effect of excluding or restricting our duties or liabilities to you under the Financial Services and Markets Act 2000 or the regulatory system.

29. REIMBURSEMENT

• 29.1 You will reimburse us on demand in respect of all liabilities, Losses or costs of any kind or nature whatsoever that may be incurred by us as a direct or indirect result of:
  1. a) any failure by you to perform any of your obligations under these Terms;
  2. b) your use of programmable trading systems, whether built by you or by any third party and executed on or using the System; and
  3. c) any act or omission by any person having access to your Account, by using your designated Account number and/or password if you authorized such access.
• 29.2 To the extent you use or used the System for a commercial purpose and entered Orders or Transactions for the account of your customers, you will, on demand, reimburse, protect, and hold us harmless from and against all Liabilities resulting from or arising out of claims raised by your customers. This Clause shall not be affected by the termination of these Terms.

30. AMENDMENTS

• 30.1 We may amend these Terms and any arrangements made hereunder at any time by written notice to you, which may include sending an e-mail to you or publishing the amendments on our website. Any such amendment will come into effect on the date specified by us which will, in most cases, be at least 30 calendar days from the date of our amendment notice. You will be deemed to be bound by the terms of such amendment or change on the earlier of:
  1. a) thirty (30) calendar days after we have e-mailed you or placed the amendment on our website; or
  2. b) the date you place an Order (other than a liquidating order) via the System.
• 30.2 If you choose to object to amendments to these Terms or any arrangements made hereunder, you must:
  1. a) notify us in writing (in accordance with the details set out in the amendment notice) within 30 calendar days of the date of the amendment notice;
  2. b) close all your Open Positions;
  3. c) withdraw all funds remaining to the credit of your Account after closing all your Open Positions; and
  4. d) close your Account.
  If you do not complete the above by closing your Account, you will be deemed to have accepted the amended Terms and will be bound by them thirty (30) calendar days after we have e-mailed you or published notice of such amendment to the Website.
• 30.3 Any amended to these Terms will supersede any previous agreement between us on the same subject matter and will govern any Transaction entered into after, or outstanding on, the date the amended Terms comes into effect.

31. SUSPENSION AND TERMINATION

• 31.1 You may terminate these Terms immediately by giving written notice to us. You agree that at any time after the termination of these Terms, we may, on reasonable notice to you, close out any or all of your Open Positions.
• 31.2 We may suspend or terminate these Terms and/or your Account by giving thirty (30) calendar days written notice to you for any reason.
• 31.3 Upon termination of these Terms, all amounts payable by you to us will become immediately due and payable including (but without limitation):
  1. a) all outstanding fees, charges, and commissions;
  2. b) any expenses incurred by terminating these Terms; and
  3. c) any losses and expenses realised in closing out any Transactions or settling or concluding outstanding obligations incurred by us on your behalf.
• 31.4 Termination of these Terms will not affect any rights or obligations, which may already have arisen between us and you. The termination of these Terms will not affect the coming into force or the continuance in force of any provision in these Terms which is expressly, or by implication, intended to come into, or continue in force, on or after such termination
• 31.5 If termination occurs, we will, as soon as reasonably practicable and subject to these Terms, deliver to you any funds or investments in your Account(s) subject to any applicable charges and rights of set-off. A final statement will be issued to you where appropriate.
• 31.6 The provisions of this Clause will not prevent us from exercising any of our rights to terminate or suspend these Terms as provided elsewhere in these Terms.
• 31.7 Notwithstanding our general power to terminate these Terms pursuant to Clause 36.2 above, we shall be entitled to terminate these Terms without further notice to you where our reasonable attempts to communicate with you using your last know contact details have remained unsuccessful for 45 calendar days. Where we terminate these Terms pursuant to this Clause, we shall be entitled to sell or redeem your Investments, to set-off the proceeds against any amounts owed to us or its subsidiaries or affiliates, and to issue a demand draft for the amount of any remaining funds which may be retained at our relevant branch for your collection.

32. JOINT ACCOUNTS

• 32.1 Where we enter into these Terms with more than one person as joint account holders, (except where we have agreed otherwise in writing):
  1. a) all joint account holders will be considered a client and their obligations and liabilities under these Terms are joint and several (which means, for instance, that any one person can withdraw the entire balance of the Account, and in the case of a debit balance or debt owed by the client to us, each account holder is responsible for the repayment of the entire balance and not just a share of it);
  2. b) each joint account holder will have authority on behalf of all of the joint account holders to deal with us as fully and completely as if each was the sole holder of the Account, all without notice to the other joint account holder(s). In particular, each joint account holder will have full authority 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 the Account;
  3. c) 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 for any reason or no reason whatsoever;
  4. d) each joint account holder person may give us an effective and final discharge in respect of any obligations under these Terms or in connection with these Terms;
  5. e) each joint account holder which is juristic person authorises us, upon its dissolution, to treat the survivor(s) as the only party(ies) to these Terms and the only account holder(s) and agrees (for itself and its estate, representatives, and successors) to reimburse us for any Losses we may incur by so doing. We will nevertheless be entitled at our sole and absolute discretion to require evidence of such survivor's authority to deal with the Account. These Terms will remain in full force between us and the surviving joint account holder(s).

33. IN THE EVENT OF DEATH

• 33.1 Where you are a natural person, in the event of your death, any person(s) purporting to be your legal personal representative(s) or surviving joint account holder must provide us with formal notice of your death in a form acceptable to us, including but not limited, to the provision of an original death certificate in physical form.
• 33.2 Upon the receipt and acceptance of your death certificate, we will treat your death as an Event of Default allowing us to exercise any of our rights including but not limited to closing any and all Open Positions within your Account. These Terms will continue to bind your estate until terminated by your legal personal representative or by us.
• 33.3 A person shall not be proven to be your legal personal representative until we receive the appropriate legal documentation. Once we receive such documentation, we will accept and execute written Instructions from your legal representative(s). We will only accept Instructions that aim to wind-down and/or close your Account. Where we have not received any Instructions after six months following receipt of your death certificate, we may, in our sole and absolute discretion (but shall not be obliged to), re-register your holdings into the name of your legal representative, re-materialise any electronic holdings and send such holdings in certificated form to the registered correspondence address for your estate, subject to appropriate charges.
• 33.4 Any applicable charges as detailed in the Schedule of Charges will still be charged until the Account is closed.
• 33.5 Notwithstanding anything in these Terms, if the Agreement is not terminated within two years after the date of your death, we may take such action as we consider appropriate to close your Account. Your estate or your legal representative(s) will be liable for all costs associated with us taking this action, or considering taking action, except to the extent that costs arise because of our negligence, wilful default, or fraud.

34. NOTICES AND COMMUNICATION WITH THE CLIENT

• 34.1 We may notify, instruct, or communicate with you by letter, email, phone, SMS, or by posting a message on our System or on our website www.4T.co.uk, and you agree that we may contact you through any of these mediums at any time. We will use the address, or email address specified in your Account opening documentation or such other address (physical or electronic) or number (fax) as you may subsequently provide us
• 34.2 You will be deemed to have agreed with the content of any notice, Instruction, or other communication (except confirmations of Transactions, Account Statements, and Margin Call Warnings) unless you notify us to the contrary in writing within thirty (30) calendar days of the date on which you are deemed to have received it in accordance with Clause 39.3.
• 34.3 Any notice, Instruction or other communication will be deemed to have been properly given by one party:
  1. a) if hand delivered, when left at the other party’s last known address;
  2. b) if sent by pre-paid first-class post to the other party’s last known address, on the next Business Day after being deposited in the post;
  3. c) if sent by email, immediately after the email is sent providing the party does not receive confirmation of a failed delivery from the relevant email provider; and/or
  4. d) if published on our website or System, as soon as it has been published.
• 34.4 You are responsible for reading all notices published on our Website and System in a timely manner.
• 34.5 You may notify us by letter, or email, each of which shall constitute written notice. You will use our registered address, or email address specified by us from time to time in accordance with any notice requirement.
• 34.6 We shall communicate with one another in English. We or third parties may have provided you with translations of these Terms. The original English version shall be the only legally binding version for you and us. In case of discrepancies between the original English version and other translations in your possession, the original English version provided by us shall prevail.
• 34.7 We will not be liable for any delays you may face in receiving any communication once dispatched by us, except where the delay is caused by our wilful default, fraud, or negligence.
• 34.8 You agree that any and all conversations between you and us, may, at our option and sole and absolute discretion, be recorded electronically with or without the use of an automatic tone warning device. You agree that we may use such recordings or transcripts from such recordings as evidence in any dispute or anticipated dispute between you and us.

35. CONFIDENTIALITY

• 35.1 We will use reasonable endeavours to ensure that all confidential information relating to you and your Account is kept confidential. However, you authorise us to disclose information (confidential or not):
  1. a) to our employees (or employees of our agents, nominees or custodians or other persons appointed by us in relation to your account) on a need-to-know basis;
  2. b) to the FCA and any other regulatory authority, to the extent that they are entitled to the information sought;
  3. c) otherwise as may be required by law, best investment business practice, industry regulations or codes of practice; and
  4. d) in the circumstances described in Clause 42.

36. CANCELLATION RIGHTS

• 36.1 Unless a representative of 4T Markets Limited has met you in person, you have a right to cancel these Terms within 14 calendar days of the effective date. If you would like to cancel these Terms, please let your contact at 4T know or write to us at Office 3.15, St. Clement's House, 27 Clement's Lane, London, EC4N 7AE, United Kingdom. Alternatively, you may email us at [email protected] or call us on +44 (0) 203 819 3100.
• 36.2 Cancellation will not affect the completion of transactions initiated prior to us receiving your notice of cancellation. Cancellation will not affect accrued rights, existing commitments or any other contractual provision intended to survive termination of these Terms.
• 36.3 No penalty will apply on cancellation; however, you agree to pay our fees pro-rata to the date of cancellation and any additional expenses necessarily incurred by us in cancelling these Terms and any losses necessarily realised in settling or concluding outstanding transactions.
• 36.4 You should note that we will provide investment services until we receive notice of cancellation rights and if you do cancel, the amount you receive back may be less than the initial amount provided.

37. DATA PROTECTION

• 37.1 When you provide your personal data, you confirm that it is current, accurate and complete. We will use your personal data in accordance with the data protection legislation binding on us.
• 37.2 You agree that we may check your personal information with other information that you provide or that is held by us about you to verify your identity and we may also carry out credit assessments on you. In doing so, your personal information may necessarily be disclosed to third parties.
• 37.3 All personal information about you, including sensitive personal information, that we acquire may be stored (by electronic and other means) and used by us in the following ways:
  1. a) to enable us to provide investment services to you;
  2. b) to administer and operate your Account;
  3. c) to respond to requests for information from you;
  4. d) to follow up with you after you request information to see if we can provide any further assistance;
  5. e) to assess any credit limit or other credit decision (and the interest rate, fees and other charges to be applied to your Account;
  6. f) to improve any of our operations / procedures / products and/or services during the terms of the Terms;
  7. g) for statistical and analytical purposes;
  8. h) for our own administrative (including, but not limited to, maintaining our records) and compliance purposes;
  9. i) for crime prevention and detection;
  10. j) to prevent or detect abuses of our services or any of our rights and to enforce or apply these Terms;
  11. k) to contact you to let you know about services and products that we think may be of interest to you;
  12. l) for administrative reasons we may from time to time carry out or instruct others to carry out certain money laundering checks imposed on us by law required for the prevention and detection of crime, money laundering and international terrorist financing. We may use staff employed outside of 4T Markets Limited, whether in this country or overseas or, if appropriate, we will engage specialist contractors to carry out such work whether here or abroad. In any event, any staff involved in such checks will be specially trained and will not share information about you with any third party unless permitted by law to do so. Such staff will at all times only act in accordance with our instructions and any such checks will be carried out in a secure environment. You hereby agree to the sharing of your personal information in this way for these purposes. Please note that we may use electronic verification services for identification purposes
• 37.4 Except where indicated above, we will not provide your personal information to organisations outside of 4T Markets Limited to use for their own marketing purposes without your consent, but we may disclose your personal information outside of 4T Markets Limited:
  1. a) to other organisations we may engage to perform, or assist in the performance of, our investment services or to advise us, provided that they will only be given access to your personal information to perform such assistance, services, or advice and not for other purposes. We shall endeavour to ensure that any such organization undertakes to adopt appropriate security measures in respect of your personal data;
  2. b) in circumstances in which we may be required or authorised or authorised by law, court order, regulatory or governmental authorities to disclose your personal information.
• 37.5 We may sometimes transfer your personal information to countries that do not provide the same level of data protection as the United Kingdom. If we intend to do this, then where practical and appropriate, before doing so we will put in place contractual arrangements to ensure the adequate protection of your information and we shall endeavour to ensure that any such contractual arrangements comply with the standards required by the Information Commissioner.
•  
• 37.6 We have security procedures covering the storage and disclosure of your personal information to prevent unauthorized access and to comply with our legal obligations.
• 37.7 You may be entitled to ask for details of the personal information that we hold about you, the purposes for which it is being or will be processed and the recipients or classes of recipients to whom it is being or will be disclosed. If you would like to request copies of this information, please contact us. We may charge a fee for providing this information to you (details of which are available upon request). If you make a written request to us, we will also correct, delete and/or block personal information from further processing if that information proves to be inaccurate.

38. COMPLAINTS

• 38.1 If you wish to make a complaint against us, you should advise us of the complaint immediately. In order to allow us to investigate your complaint promptly and effectively, please provide us with full details of the circumstances giving rise to your complaint including, if applicable, details of the time and date of any relevant actual or purported trade. We reserve the right not to commence investigations until such details are provided. We will investigate the complaint promptly and fully in accordance with our complaints handling procedure. A copy of our complaints handling procedure can be found on the Website and a paper copy is available on request.
• 38.2 Financial Ombudsman Service
  If you are an eligible complainant and are dissatisfied with our resolution of your complaint you have the right to refer the matter to the FOS.
  Address: South Quay Plaza, 183 Marsh Wall, London E14 9SR
  Telephone: 0300 123 9 123
  Email: [email protected]
  Website: https://www.financial-ombudsman.org.uk/
  Please check the FOS website to determine whether you are an eligible complainant.
• 38.3 Financial Services Compensation Scheme
  We are covered by the Financial Services Compensation Scheme. You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. Most types of investment business are covered for 100% of the first £85,000 and this represents the maximum compensation available to you. Further information about compensation arrangements is available from the Financial Services
  Compensation Scheme at https://www.fscs.org.uk/

39. MISCELLANEOUS

• 39.1 We may amend the Agreement by no less than 5 Business Days’ written notice to you, except where it is impracticable in the circumstances. Such amendment will become effective on the date specified in the notice. Any other amendment must be agreed in writing between us. Unless otherwise agreed, an amendment will not affect any outstanding order or Transaction or any legal rights or obligations which may already have arisen.
• 39.2 These Terms are personal to you, and you may not assign or transfer any of your rights or responsibilities under it without our prior written consent. We may assign our rights and transfer our responsibilities under these Terms to any other FCA authorised entity upon giving you 10 calendar days’ prior written notice. You consent to us transferring the control of your client money to any other FCA authorised entity in the event of a transfer of business to that entity. You agree that we may assign out rights and transfer our responsibilities under these Terms to a third party upon giving you 30 calendar days’ prior written notice.
• 39.3 Unless otherwise agreed, all notices, instructions, and other communications to be given by one of us to the other under the Agreement shall be given to the address or fax number set out in our Covering Letter and:
  1. a) any notice, instruction or other communication shall, be deemed to take effect in the case of fax, on dispatch and, in the case of airmail or first class pre-paid post, five Business Days after dispatch and in proving such service it shall be sufficient to produce a clear fax transmission report and, in the case of post, prove that the envelope containing the notice was properly addressed and posted. Notices, instructions and other communications made pursuant to the Agreement, or any Transaction shall be effective if given by electronic mail, providing that such electronic mail is actually received, and such recipient acknowledged by the recipient.
  2. b) each notice, instruction, or other communication to you (except confirmations of trade, statements of account, and margin calls) shall be conclusive unless written notice of objection is received by us within two Business Days of the date on which such document was deemed to have been received. You will notify us of any change of your address in accordance with this clause.
• 39.4 We have internal procedures for handling complaints fairly and promptly. You may submit a complaint to us in writing. We will aim to send you a written acknowledgment of your complaint within five Business Days of receipt enclosing details of our complaint’s procedure. Please contact us if you would like further details regarding our complaint’s procedures.
• 39.5 The Agreement shall be for the benefit of and binding upon us both and our respective successors and assigns. You shall not assign, charge, or otherwise transfer or purport to assign, charge or otherwise transfer your rights or obligations under the Agreement or any interest in the Agreement, without our prior written consent, and any purported assignment, charge or transfer in contravention of this clause shall be void.
• 39.6 Time shall be of the essence in respect of all obligations of yours under the Agreement (including in relation to any Transaction).
• 39.7 If you are a partnership, or otherwise comprise more than one person, your liability under the Agreement shall be joint and several. In the event of the death, bankruptcy, winding-up or dissolution of any one or more of such persons, then (but without prejudice to the above or our rights in respect of such person and his successors) the obligations and rights of all other such persons under the Agreement shall continue in full force and effect.
• 39.8 The rights and remedies provided under the Agreement are cumulative and not exclusive of those provided by law. We shall be under no obligation to exercise any right or remedy either at all or in a manner or at a time beneficial to you. No failure by us to exercise or delay by us in exercising any of our rights under the Agreement (including any Transaction) or otherwise shall operate as a waiver of those or any other rights or remedies. No single or partial exercise of a right or remedy shall prevent further exercise of that right or remedy or the exercise of another right or remedy.
• 39.9 Without prejudice to any other rights to which we may be entitled we may at any time and without notice to you set off any amount (whether actual or contingent, present, or future) at any time owing between you and us.
• 39.10 If, at any time, any provision of the Agreement is or becomes illegal, invalid, or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of the Agreement nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired.
• 39.11 We may record telephone conversations without use of a warning tone to ensure that the material terms of the Transaction, and any other material information relating to the Transaction is promptly and accurately recorded. Such records will be our sole property and accepted by you as evidence of the orders or instructions given.
• 39.12 Our records, unless shown to be wrong, will be evidence of your dealings with us in connection with our services. You will not object to the admission of our records as evidence in any legal proceedings because such records are not originals, are not in writing or are documents produced by a computer. You will not rely on us to comply with your record keeping obligations, although records may be made available to you on request at our absolute discretion.
• 39.13 You agree to keep adequate records in accordance with Applicable Regulations to demonstrate the nature of orders submitted and the time at which such orders are submitted.
• 39.14 A person who is not a party to the Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Agreement.
• 39.15 These Terms shall be continuous and shall cover, individually and collectively, all of your Accounts at any time opened or reopened with 4T Markets Limited, irrespective of any change or changes at any time in the personnel of 4T Markets Limited or its successors or assigns. These Terms, including all authorizations, shall inure to the benefit of 4T Markets Limited and its successors and assigns, whether by merger, consolidation or otherwise, and shall be binding upon you and/or your agents, personal representatives, executor, administrator, trustee, legatees, legal representative, successors and assigns as appropriate.
• 39.16 If any third-party action or proceeding is brought by or against us in relation to the Agreement or arising out of any act or omission by us required or permitted under the Agreement, you agree to co-operate with us to the fullest extent possible in the defence or prosecution of such action or proceeding.
• 39.17 We are a participant in the Financial Services Compensation Scheme (“Scheme”) established under the FSMA which, subject to certain exceptions, provides limited compensation in respect of eligible liabilities if we are declared in default. In relation to investment business, the maximum amount payable by the Scheme, in the event of our default, is £85,000. The right to claim under the Scheme will only arise if you qualify as an eligible claimant for the purpose of the Scheme. Further information can be obtained from the Financial Conduct Authority or the Financial Services Compensation Scheme (www.fscs.org.uk).

40. GOVERNING LAW

• 40.1 Each of the parties irrevocably:
  1. a) agrees for our benefit that the courts of England shall have jurisdiction to determine any suit, action, or other proceedings (including non-contractual disputes or claims) relating to the Agreement ("Proceedings") and irrevocably submits to the jurisdiction of such courts (provided that this shall not prevent us from bringing an action in the courts of any other jurisdiction); and
  2. b) waives any objection which it may have at any time to the laying of venue of any Proceedings brought in any such court and agrees not to claim that such Proceedings have been brought in an inconvenient forum or that such court does not have jurisdiction over it.
• 40.2 You irrevocably waive to the fullest extent permitted by Applicable Regulations, with respect to yourself and your revenue and assets (irrespective of their use or intended use) all immunity on the grounds of sovereignty or other similar grounds from (i) suit, (ii) jurisdiction of any courts, (iii) relief by way of injunction, order for specific performance or for recovery of property, (iv) attachment of assets(whether before or after judgment) and (v) execution or enforcement of any judgment to which you or your revenues or assets might otherwise be entitled in any Proceedings in the courts of any jurisdiction and will not claim any immunity in any Proceedings. You consent generally in respect of any Proceedings to the giving of any relief or the issue of any process in connection with such Proceedings, including, without limitation, the making, enforcement, or execution against any property whatsoever (irrespective of its use or intended use) of any order or judgment which may be made or given in such Proceedings.
• 40.3 If you are situated outside England and Wales, process by which any Proceedings in England are begun may be served on you by being delivered to the address nominated by you for this purpose in the account opening form. This does not affect our right to serve process in another manner permitted by law.
•  

41. DEFINITIONS

In these Terms, the following words and phrases shall, unless the context otherwise requires, have the following meanings, and may be used in the singular or plural as appropriate:
“Abusive Trading Strategies” means trading activities made by you which aim to benefit from errors, latencies, internet related issues, connectivity delays and any other circumstance or malfunction of the System whereby the liquidity or pricing displayed on the System does not accurately reflect current market rates;
“Account” means any account that you maintain with us for the purposes of trading under these Terms and in which your funds or other collateral are held, and in which realised profits and/or losses are credited and/or debited;
“Account Manager” means any trading agent, trading adviser, money manager, investment adviser, or other similar person to whom you have granted trading authority over your Account by way of a Limited Power of Attorney which has been submitted to and acknowledged by us. Where you have granted your Account Manager the authority to appoint other account managers to manage and operate your Account, the term Account Manager shall also include this person or persons;
“Account Statement” means a periodic statement of trading activities, fees, charges, commissions, and other applicable charges credited or debited to your Account at a specific point in time;
“Act of Insolvency” with respect to a person means that such person (a) becomes unable to pay its debts or fails to pay its debts as they become due; (b) makes a general assignment, arrangement or composition with or for the benefit of its creditors; (c) institutes or has instituted against it proceedings seeking a judgment of bankruptcy or insolvency (or their equivalent under legislation applicable to such party) howsoever descried; (d) has a resolution passed for its winding-up or winding-down or liquidation; (e) seeks or becomes subject to the appointment of a liquidator or trustee or other official for a substantial part of its assets;
“Applicable Law” means any legislation (including without limitation, constitution, statute, law, regulation, by-laws or rules), customs, usages, rulings, and interpretations of governmental authorities and self-regulatory organisations, the FCA, exchanges, alternative trading systems, contract markets, derivatives transaction execution facilities, and other markets which we, in our sole discretion, deem to be applicable to an 4T Markets Limited entity that provides services to you and/or to you;
“Base Currency” or “Base Currencies” means the currency in which your Account is denominated and in which we will debit and credit your Account;
“Business Day” means any day other than a Saturday, Sunday, or public holiday in the United Kingdom on which we are open for business;
“Card” means any debit card, credit card, gift card or other card (as may be updated or replaced from time to time) allowing you to make electronic payments through the Secure Access Website which requires an authorisation code;
“Corporate Event” means any declaration by the issuer if an instrument of the terms of dividend payments, take overs, subdivision, consolidation, or reclassification of shares.
“Credit Facility” means credit or a line of credit that we provide to you at any time and for any reason in connection with your Account or your trading activities, including (but not limited to) where we credit your account with Margin in anticipation of receiving Margin from you (for example where you are making a payment by Card), or where we agree to credit your account with Margin for any reason;
“Sales Trader” means an employee of 4T Markets Limited who is authorised to receive, enter, or execute Orders;
“Event of Default” means any of the events listed in Clause 28.1;
“Exceptional Market Event” means the suspension, closure, liquidation, imposition of limits, special or unusual terms, excessive movement, volatility, or loss of liquidity in any relevant market or Instrument, or where we reasonably believe that any of the above circumstances are about to occur;
“FCA” means the Financial Conduct Authority;
“Force Majeure Event” means any event which is beyond the reasonable control of a party and which renders the performance of all or part of the obligations of such party to be virtually impossible or economically impracticable, including without limitation, acts of civil or military authorities, strikes or other labour disputes, insurrections, turmoil, wars and the like, floods, fires, droughts and other acts of God, any Exceptional Market Event, acts and regulations of any governmental or supra national bodies or authorities which (in 4T Markets Limited reasonable opinion prevents an orderly market in relation to Orders or Transactions), as well as any event relating to power, reception or routing via internet, configuration of equipment or reliability of connections, breakdown or failure of any transmission or communication system or equipment or computer facility or trading software, including any settlement or clearing system;
“Instrument” has the meaning given to it in Clause 4.1;
“Instruction” means any instruction, request, or other communication that you give to us (including any Order) in connection with the services provided by us (including those relating to any Transaction or Open Position);
“Leverage” means a line of credit that we provide to you for the purposes of multiplying your Margin deposit, which enables you to have additional buying power in order to place Orders and maintain Transactions in relation to your Account;
“Liabilities” means any obligation of the Client to us or under these Terms or under any other agreement including without limitation the obligation to pay an amount on its due date or on demand, charges, costs, fees, expenses (including lawyers’ fees), Losses or other liabilities;
“Limited Power of Attorney” means the document through which you appoint an Account Manager or another person to act and/or give instructions on your behalf in connection with your Account;
“Loss” or “Losses” means any and all losses, damages, costs, fees (including, but not limited to, lawyer’s fees), charges, expenses, disbursements, taxes, duties or levies, obligations, penalties, claims, demands, actions, proceedings, judgments, suits of whatsoever nature and regardless of how they arise.
“Manifest Error” has the meaning given in Clause 30.1;
“Margin” means deposits of cash or other collateral acceptable to us that we require you to hold with us in order for you to open a Transaction or maintain an Open Position;
“Margin Call Warning” means a demand for such sums by way of Margin (whether by telephone, by email or in any other form) as we may, in our sole and absolute discretion, require for the purpose of protecting ourselves against loss or risk of loss on present, future, or contemplated transactions under these Terms;
“Margin Requirement” means the amount of Margin that you are required to deposit and/or hold with us as consideration for entering into a Transaction and/or maintaining an Open Position;
“Open Position” means a Transaction which has not been liquidated or closed in whole or in part under these Terms;
“Order” means an instruction or a request from you to purchase or sell an Instrument at a price quoted by us;
“Principal” means a person which is counterparty to a Transaction and is responsible for that Transaction (whether or not they may have underlying clients or other third parties on behalf of whom they are acting);
“Introducing Broker” means a person who has referred you to us;
“Secure Access Website” means, as applicable, a password protected section of our Website (or any other website notified to you by us) or the System, through which you can access your Account;
“Secured Obligations” means any and all of your obligations to us (whether actual, contingent, present, or future) under or pursuant to these Terms or any other agreement with us;
“Security Assets” has the meaning given in Clause 17.1;
“Service Provider” means a person or firm who is not an agent of 4T Markets Limited, who provides a third-party service, including but not limited to, any trading program, signal, advice, risk management or other trading assistance, which may have direct access or connectivity to your Account;
“System” means the password protected online or downloadable electronic facility where you can trade with us under these Terms and which can be downloaded and/or accessed using any electronic means (such as a website) or device (such as a computer, tablet, mobile phone);
“Terms” means these Terms & Conditions between you and us and the duly completed Application for Opening a Margin Trading Account;
“Transaction” means a contract or a transaction in an Instrument between you and us which has been accepted and executed by us in accordance with these Terms;
“Website” means any website of 4T Markets Limited from time to time.

SCHEDULE ONE – Terms of Business Electronic Trading

1. SCOPE

The provisions of this Schedule 1 apply, in addition to the other provisions of the Agreement, to your use of any Electronic Services. In the event of conflict between the provisions of this Schedule and the other provisions of the Agreement, the provisions of this Schedule shall prevail.

2. SERVICES

• 2.1 You must go through the required security procedures before (at out discretion) you will be granted access to the Electronic Services.
• 2.2 There may be restrictions on the number of Transactions that you can enter into in any one day and also in terms of the total value of those Transactions when using an Electronic Service.

3. INTELLECTUAL PROPERTY

You acknowledge and agree that we and/or our licensors own all intellectual property rights in the Electronic Services and all associated data and other information generated by the Electronic Services. Except as expressly stated herein, you are not granted any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Electronic Services or the associated data and other information generated by the Electronic Services.

4. RIGHT OF ACCESS

You grant to us and to any Exchange or relevant service provider in respect of which you may submit orders or receive information or data using any Electronic Service, the right, at any time or times, on reasonable notice (which, in certain circumstances, may be immediate) to enter (or to instruct our or the Exchange's or relevant service provider’s subcontractors to enter) your premises and inspect your System to ensure that it complies with the requirements notified by us to you from time to time and that you are using the Electronic Service in accordance with, and otherwise complying with, the Agreement and any requirements of any Exchange, relevant service provider or Applicable Regulations.

5. SECURITY

• 5.1 We may from time to time notify you of the security procedures for accessing an Electronic Service. You agree to follow the security procedures which have been notified to you. For these purposes, we may from time-to-time issue you with Security Information or require you to create specific Security Information relating to Authorised Users. You agree to provide us with such details of your Authorised Users as we may require or as may be required under Applicable Regulations. As part of the security procedures, we may require you or your Authorised Users to confirm the corresponding Security Information before we will allow you or your Authorised Users to access an Electronic Service.
• 5.2. You undertake that any Security Information in relation to your use of an Electronic Service will be kept safe and confidential and will only be used by you and your Authorised Users and will not be disclosed to any other person. You agree to put in place and maintain appropriate security arrangements for this purpose. From time to time, we may require you (and in such a case you shall respond promptly with full details) to describe and, if appropriate, adapt your arrangements in this regard.
• 5.3 As a minimum standard, you undertake that you and your Authorised Users: (a) always take reasonable steps to keep your Security Information secret at all times(and do not disclose details of the security procedures for any Electronic Service to anyone); (b) never write down or record your Security Information without disguising it; (c) destroy any written notification of your Security Information upon receipt; (d) avoid choosing numbers, passwords etc. which may be easy to guess such as birthdays and telephone numbers; (e) follow instructions we give you about security procedures.
• 5.4 If you have reason to suspect that your Security Information has been lost or stolen or may be accessed or misused by any person then you must notify us immediately. Your Security Information must not be used after we receive your initial notification.
• 5.5 You must give us any information you may have in connection with the loss, theft or misuse of your Security Information or any suspected unauthorised use of an Electronic Service. We may, at our discretion, and without further reference to you, give the police or other authority any information which we reasonably believe to be relevant about the loss, theft or misuse of your Security Information or any unauthorised use of an Electronic Service.
• 5.6 You agree that neither you nor the Authorised Users or any other personnel will attempt to gain access to our computer systems or to any data contained within those systems for any purposes or by any means except as expressly authorised under the Agreement.
• 5.7 We may change our security procedures at any time, and we will tell you of any new procedures that apply to you as soon as possible.

6. YOUR OBLIGATIONS

• 6.1 You will be responsible for providing the System to enable you to use an Electronic Service.
• 6.2 You will be responsible for the installation and proper use of any virus detection/scanning program we require from time to time.
• 6.3 You will comply with all instructions we give to you relating to an Electronic Service.
• 6.4 In the event that you receive any data, information, or software via an Electronic Service other than that which you are entitled to receive pursuant to the Agreement, you will immediately notify us and will not use, in any way whatsoever, such data, information or software.
• 6.5 You will pay such costs and fees associated with your use of an Electronic Service as we may mutually agree from time to time.
• 6.6 When using an Electronic Service, you must:
• 6.7 run such tests and provide such information to us as we shall reasonably consider necessary to establish that your System satisfies the requirements notified by us to you from time to time;
• 6.8 carry out virus checks on a regular basis;
• 6.9 inform us immediately of any unauthorised access to such Electronic Service or any unauthorised transaction or instruction which you know of or suspect and, if within your control, cause such unauthorised use to cease;
• 6.10 not access such Electronic Service from any computer connected to a local area network or any public internet access device or access point without first making sure that no-one else will be able to observe or copy your Security Information or get access to such Electronic Service pretending to be you; (e) not at any time leave the terminal from which you have accessed such Electronic Service or let anyone else use the terminal until you have logged off such Electronic Service; and
• 6.11 if connected to an open network, ensure that you close down your web browser before leaving your terminal unattended.
• 6.12 In the event you become aware of a material defect, malfunction, or virus in your System or in an Electronic Service, you will immediately notify us of such defect, malfunction or virus and cease all use of such Electronic Service until you have received permission from us to resume use.
• 6.13 You will not submit any order or enter into any Transaction or course of conduct through an Electronic Service which you or we would not be permitted to submit or enter into if the Transaction or conduct were done by means other than through such Electronic Service.

7. INFORMATION AVAILABLE ON OUR WEBSITE

• 7.1 Your use of our website will be governed by any legal notices or terms and conditions of business on our website. In the event of any inconsistency between such legal notices and terms and conditions of business and the Agreement, the Agreement shall prevail.
• 7.2 We may from time-to-time display information on our website including, without limitation, information concerning the price or volume of contracts traded on relevant Exchanges. You acknowledge that the display of any price quotation, volume, or other information by us does not constitute an offer to you to buy or sell. You further acknowledge that the display of any price quotation or market trading level does not constitute any guarantee that your orders will be executed at the price or market level displayed or at the level specified in your order. We accept no responsibility for the accuracy or completeness of any information displayed on our website and make no representations or warranties in respect of such information.
• 7.3 We may on our website provide links to certain Internet sites sponsored and maintained by third parties. Such sites are publicly available, and we provide access to such links solely as a convenience to you. We make no representations or warranties concerning the content of such sites and the fact that access to such sites is provided does not constitute our endorsement, authorisation or sponsorship of such sites or their sponsors nor are we necessarily affiliated to such sponsors.
• 7.4 Our services or products may be advertised on our website. If you have asked us previously not to send you any marketing material, you agree that this restriction will not apply in respect of our website.

8. ELECTRONIC SERVICES PROVIDED OVER OPEN NETWORKS

You acknowledge that the provision of an Electronic Service may involve information being transported over an open network, the internet, which is accessible to anybody. Information is therefore transmitted regularly and without control across borders. We take reasonable steps to avoid information being intercepted and read by third parties, by our use of techniques such as encryption, however it is not always possible to avoid someone other than us gaining access to information about you and your dealings with us.

9. USING AN ELECTRONIC SERVICE FROM ABROAD

We advise you not to you use any Electronic Service from outside the UK. If you decide to do so, it will be at your own risk. In particular, the security software is likely to include encryption software that may be covered by export control restrictions. You must ensure that taking the software to, and any use of the software in, countries outside the UK does not break those restrictions or any restrictions which apply in the country where you use the software. You may contact us for more information on the countries to which the export control restrictions apply.

10. LIABILITY AND INDEMNITY

Without prejudice to any other terms of the Agreement, relating to the limitation of liability and provision of indemnities, the following clauses shall apply to our Electronic Services.

• 10.1 We shall have no liability to you for damage which you may suffer as a result of transmission errors, technical faults, malfunctions, illegal intervention in network equipment, network overloads, malicious blocking of access by third parties, internet malfunctions, interruptions, or other deficiencies on the part of internet service providers.
• 10.2 Neither we nor any third-party software provider accepts any liability in respect of any delays, inaccuracies, errors or omissions in any data provided to you in connection with an Electronic Service.
• 10.3 We shall have no liability to you (whether in contract or in tort, including negligence) in the event that any viruses, worms, software bombs or similar items are introduced into your System via an Electronic Service, or any software provided by us to you in order to enable you to use such Electronic Service, provided that we have taken reasonable steps to prevent any such introduction.
• 10.4 You will ensure that no computer viruses, worms, software bombs or similar items are introduced into our computer system or network and will indemnify us on demand for any loss that we suffer arising as a result of any such introduction.
• 10.5 We shall not be liable for any loss, liability or cost whatsoever arising from any unauthorised use of any of your Security Information. You shall on demand indemnify, protect and hold us harmless from and against all losses, liabilities, judgements, suits, actions, proceedings, claims, damages and costs resulting from or arising out of any act or omission by any person using an Electronic Service by using your Security Information (including designated usernames and/or passwords), whether or not you authorised such use.

11. TERMINATION OR SUSPENSION OF OUR ELECTRONIC SERVICE

• 11.1 Subject to clause 11.2 below, either party may with immediate effect, suspend or permanently withdraw from using an Electronic Service, by giving the other party written notice.
• 11.2 We have the right, unilaterally and with immediate effect, to suspend or withdraw permanently your ability to use any Electronic Service, or any part thereof, without notice, where we consider it necessary or advisable to do so, for example due to your non-compliance with the Applicable Regulations, breach of any provisions of the Agreement, network problems, for maintenance, or to protect you when there has been a breach of security. In addition, the use of an Electronic Service may be terminated automatically, upon the termination (for whatever reason) of (i) any licence granted to us which relates to the Electronic Service; or (ii) the Agreement. The use of an Electronic Service may be terminated immediately if an Electronic Service or related service is withdrawn by any Exchange, or we are required to withdraw the facility to comply with Applicable Regulations.
• 11.3 In the event that an Electronic Service is suspended or withdrawn, you may (subject to the provisions of the Agreement) submit orders to us by alternative means acceptable to us.
• 11.4 In the event of a termination of the use of an Electronic Service for any reason, upon request by us, you shall, at our option, return to us or destroy all hardware, software and documentation we may have provided you in connection with such Electronic Service and any copies thereof.

12. DEFINITIONS USED IN THIS SCHEDULE

"Authorised User" means any Authorised Person whom you have authorised to use an Electronic Service.
"Electronic Service" means any electronic order routing system, online trading platform or other internet trading service or account facility offered by 4T Markets from time to time to enable you to access information and trading facilities, via an internet service, a WAP or other similar service.
"Security Information" means one or more usernames or identification codes, passwords, authentication codes or such other information as we may specify to you, to enable your access to the Electronic Services.
"System" means all computer hardware and software, equipment, network facilities and other resources and facilities needed to enable you to use an Electronic Service.

ACKNOWLEDGEMENTS

You should complete section A or B of this Schedule (as applicable) and return one signed copy to us.

A company should affix its seal or arrange for the Agreement to be executed by the company by two directors or a director and the company secretary.

A. Agreement (Individuals)

I/We have read, understood, and agree to the terms and conditions set out in the Agreement including but not limited to (i) clauses 20 (Total Title Transfer Arrangements) and 19 (Client Money) in the terms and conditions of business and (ii) that 4T Markets Limited has our/my express consent to execute transactions outside of a regulated market or a multilateral trading facility. I/we confirm that I/we have full power and authority to enter into the Agreement

Your Details

Signed: ____________

Name (please print):___________________ [Director / Secretary]

Date: _________

Please provide identification and proof of address in accordance with our anti-money laundering procedures as notified by us to you from time to time.

B. Agreement (Companies)

I/We have read, understood, and agree to the terms and conditions set out in the Agreement including but not limited to (i) clauses 16 (Total Title Transfer Arrangements) and 17 (Client Money) of the terms and conditions of business and (ii) that 4T Markets Limited has our/my express consent to execute transactions outside of a regulated market or a multilateral trading facility. Where I/we sign in a representative capacity, I/we confirm that I/we have full power and authority to enter into the Agreement

Executed by: ________________

The common or corporate seal of: ______________________ was hereto affixed in the presence of:

Director's Signature Director/Secretary (select as appropriate)

Signed: _______________

Name (please print): ___________________ [Director / Secretary]

Date: _________

Signed: _______________

Name (please print): ___________________ [Director / Secretary]

Date: _________

Please provide identification and proof of address for both the company and all signatories listed above and otherwise in accordance with our anti-money laundering procedures as notified by us to you from time to time.