Services

Subject to the Client’s obligations under the terms and conditions of the present Client Application Form being fulfilled, the Company may at its discretion offer the following services to the Client:

1. Receive and transmit orders or arrange orders for execution.
2. Receive and transmit Instructions or arrange Instructions for execution.
3. Any other service that the Company might from time to time provide or as further detailed in this Client Application Form.

Terms & Conditions

This Client Application Form shall be subject to all terms and conditions mentioned below, and these terms and conditions which include the schedule attached thereto, are considered as an integral part thereof:

1. The company shall have the right upon prior notice to close all the client’s positions on the investment platform or to liquidate his/her account (provided that the company shall not be liable to return any deposits in case any deals remain pending or if any of the company obligations towards client are secured and irrevocable), in the following cases:
   • Bankruptcy or material damage that results in the client’s inability to pay his debts when fall due.
   • Summoning him by relevant authorities subject to his bankruptcy or similar situations as the case may be.
   • Assigning receiver or liquidator to manage all or any of his assets or properties.
   • Client’s failure in payment of any dues or obligations towards the company on their dates.
   • Client’s failure to maintain his part payment level above 0%.
2. In case the two parties agreed on cash liquidation of all deals due to their inability to reach an actual and physical arrangement of commodities on the contract due date, then the cash settlement shall be calculated through the difference between the market value and trading value.
3. The company shall be liable to send client account statements or any notices to the client’s email or fax, and it shall be considered to be received by the client on the same date of dispatching to the contact details provided by the client on the account opening date.
4. The two parties agreed that the company shall not accept any money unless through the bank accounts registered with it for its clients, and the company shall not accept any money remittance by third parties on behalf of the client unless through the client’s bank account (bank remittance or cheques).
5. The client shall inform the company and provide it with all the documents required for proving his/her payment in any of the company approved accounts. The company shall update the client with all updates of bank account remittance, cheques or cash deposits and confirm their request.
6. In certain cases, the client shall not have any right to claim compensation from the company for any losses that may arise out of any damages occurred to the client as a result of any costs, taxes, penalties or any damage whatsoever whether physical or moral, direct or indirect or for any reasons out of the company’s reasonable control, such as:
   • Governmental or judicial damage, exchange, waiver, regulatory restrictions or to regulate decisions.
   • Any problem in communication methods that may hinder or restrict transferring or informing about any requests or details of trade on the platform through internet or any problem related to information, technical failure of software or devices.
7. The client shall provide the company with correct, complete and accurate details. Providing the company with incorrect information is considered an offense punishable by law. Also, the client is liable to inform the company with any updates or explanations related to this form.
8. In case any article (or any part thereof) of this form is determined to be illegal or invalid by judicial authority or competent court, then the remaining articles remain enforced and valid and shall not be affected negatively and shall be enforceable between the two parties.
9. The two parties have agreed that in case any dispute or conflict of any type arises between them, then it will be discussed and settled amicably between them. In case a settlement cannot be reached within one week of the objection sending date, then the company shall be liable to appoint one arbitrator to settle the dispute. If the two parties and the arbitrator failed to reach a settlement, then such dispute shall be referred to arbitration in Mauritius Courts for settlement, and any decision issued shall be final and binding upon both parties.
10. This contract may not be terminated unless subject to prior written notice sent by any party to the other party within 7 working days. Such termination or revocation shall be negatively affect any pending and existing deals until being liquidated.

Deposits And Withdrawals

1. The Company provides the client with bank wiring instructions, including account details and a confirmation letter. Clients can deposit funds via bank transfer, cards, or approved electronic methods. Details on deposit methods, processing times, and fees are available on the Company's website.
2. The client’s trading account must be established for trading purposes only and deposits are kept only to maintain margins supporting the trading account and trading activities.
3. The company processes client fund withdrawals upon receiving the withdrawal form with the client's matching signature.
4. The company will not process a withdrawal request if it is submitted under a different account name than the one used for the client's most recent deposit.
5. Withdrawals will solely be processed via wire transfer to the client's bank account provided in the Customer Account Agreement or via the new account registration form on the Company's website, as agreed upon by the client.
6. The Company has the right in its absolute discretion not to affect withdrawals to any other third party or account. The Company will not affect withdrawals to anonymous accounts.
7. When the client instructs the company to withdraw funds from their account, the company will process the payment within five business days, provided that the withdrawal instruction contains XELANS MARKETS all required details, it involves a bank transfer to the client's account, and the client's available funds surpass the specified withdrawal amount along with associated charges at the time of payment.
8. This statement indicates that the client acknowledges the possibility of delays in processing deposit and withdrawal requests if the company or any associated financial service provider encounters difficulties in verifying the information provided by the client.
9. The Company does not accept funds and/or payments for any trading account via a third party and the company will not proceed in any funding of a trading account unless the depositor’s name matches the name of the trading account holder.
10. The Company diligently follows anti-money laundering laws, routinely monitoring client accounts for suspicious activities indicative of money laundering. This includes tracking money flows, wire transfer origins and destinations, and any unusual transactions outside regular business operations.

Disclosure Of Risks

Trading in derivatives and CFDs are not suitable for all, and it contains many risks that may face the client whether individual, company, financial institute or bank. The client shall take into his/ her consideration the below mentioned risks, and shall be aware of the risks before signing this form:

1. The company is using an automated computer system through which the client may log into his/ her account via investment platforms specialized for the online trading of derivatives and CFDs. This automated system may be corrupted for a period of time due to any irregular reason which may prevent both parties from completing the required deal and may result in loss of service or reduce its execution speed. If the client encounters required to complete a deal via recorded phone call to the relevant department to avoid losing the opportunity to fix the required prices, as this paragraph is not included within the company’s responsibility.
2. The company recommends the client to deal with his/her username and password carefully and to never disclose it to anyone. The company shall not be liable for the discloser of the username and password due to the client’s negligence. The company also recommends the client to inform the company immediately upon suspicion of any account breakthrough which may affect negatively on the deals existing on the client’s investment platform.
3. The company recommends the client to keep the account settlement records on his/her personal PC, as the company’s electronic copies of such records may be damaged for several reasons. It is worth mentioning that the company prints and copies the account records on weekly bases, as well as keeping all the client’s information in huge databases saved aside to avoid its loss, and the loss of any such date is only a temporary issue that should be declared by the company.
4. The loss stoppage system allows automated orders to be put by the client aiming to limit his/her loss to a specific amount. These orders may not be implemented due to several reasons such as the lake of liquidity or the high volatility in the precious metal’s market or other reasons. Any negative effects arising from such cases are fully the client’s responsibilities.