1.1. This is a public offer to enter into a brokerage service agreement (referred to as the "Agreement") that is available on the website https://broker.moon4traders.com/. The Agreement sets out the terms and conditions under which Moon4Traders, a company registered under the laws of Saint Vincent and the Grenadines with company number 884 LLC and located at Suite 305 Griffith Corporate Centre, Beachmont, Kingstown, St. Vincent and the Grenadines (referred to as the "Company"), provides brokerage services to its clients.
1.2. The Company's clients are individuals or legal entities who have accepted the terms of this public offer (referred to as the "Client"). Acceptance of the terms of the public offer is made by completing the registration form to open a trading account with the Company and checking the box "I agree with the terms of the public offer and its annexes."
1.3. The subject of this Agreement is the provision of the services listed in Section 2.
1.4. The following terms and definitions apply throughout this Agreement:
"Site" means the website of Moon4Traders.
"Personal Cabinet" refers to the individual space on the Site that is accessible to the Client upon identification with a unique login and password. The Personal Cabinet enables the Client to manage their trading accounts, access their transaction history, and receive information support from the Company.
"Trading account" is a personalized register of trading transactions on the Trading Platform, which includes open and closed positions as well as non-trading operations (such as deposits and withdrawals of funds).
"Trading platform" is a set of software and hardware that provides real-time trading information, enables trading operations, records mutual obligations between the Client and the Company, and complies with the terms and conditions of this Agreement.
"Trading transaction" refers to the purchase or sale of a financial instrument.
"Financial instrument" means the ability to trade on the difference between spot exchange rates of foreign exchange or another type of underlying asset or another financial instrument of this kind.
2.1. The Company offers a range of services to the Client, which includes:
2.1.1. Conducting conversion-arbitrage Trading transactions using Financial Instruments without the physical delivery of the underlying asset. Settlements on Trade transactions between the Company and the Client do not involve the physical delivery of the currency or asset declared in the Financial Instrument (contract). Each Financial Instrument used for a Trading Transaction is considered as a settlement.
2.1.2. Creation and maintenance of the Client's account, which involves:
Setting up a Personal Cabinet for the Client
Providing unique access codes to the Client to ensure the separation of the Client's funds from other funds of the Company and other clients. The Company guarantees the confidentiality and security of the access codes.
Accepting the Client's funds for transactions with Financial Instruments on behalf of the Client
Opening Trading accounts
Crediting and withdrawing the Client's funds to and from the Trading account in accordance with the Company's rules and the Client's instructions
Providing technical and informational support to the Client
Collecting and processing the Client's data and conducting identification procedures
Offering specialized software for transmitting analytical signals
Providing software necessary for trading operations and analyzing the market situation through the Internet
Conducting intermediary activities for the execution of Client's Trading orders for the purchase or sale of Financial Instruments, where possible
Recording and executing the Client's instructions through any third party principal and/or at the expense of the Company itself
Withdrawal and accrual of relevant commission payments, bank interest and other charges, and write-offs of funds from the Trading account or to the Trading account of the Client in accordance with the Company's current trading conditions
2.2. The Company provides services to the Client exclusively through the Internet, with other means of communication used only when deemed necessary. The Company is not responsible for any inability to provide services in the event of problems with connecting to the Internet.
2.3. The Client has access to their trading history for any period of time through the trading platform.
2.4. The Company, its employees, and its representative offices or branches do not provide the Client with any advice regarding legislation, taxation, or accounting, nor do they offer advice on the appropriateness or profitability of any transaction. The Company only ensures the transfer of the Client's Trading Orders, does not provide trust management services, and does not provide any recommendations regarding the Client's trading operations.
COMMISSIONS AND CURRENT MARKET PRICES
3.1. The Company displays the current commissions and costs for each financial instrument selected by the Client in their Personal Cabinet.
3.2. The Company reserves the right to adjust the amount of commissions, spreads, swaps, and other costs without prior notice to the Client.
3.3. The Company offers a market price information service to obtain current prices for traded financial instruments.
3.4. The Client acknowledges that the use of certain packages may involve different liquidity providers and their products. In the event of a change of liquidity provider, the Client agrees that all subsequent trading operations may have different quotes than initially broadcast by the primary liquidity provider and may be implemented in the new environment of another liquidity provider. All positions opened before the change will be closed under the terms by which they were opened.
3.5. Each order to buy or sell a Financial Instrument is not executed in the same operation equivalent amount in any market. The Company generates the profit or loss on the basis of netting, which offsets mutual claims and liabilities for all Client transactions. Any uncompensated position of the Company may be transferred to a third-party principal when necessary.
3.6. The Company accepts the national currency of payment from the Client and converts it into the US dollar equivalent using the exchange rate published in the Client's Personal Cabinet or the Company's website. The conversion rate is determined based on the Client's selected instruments in their Personal Cabinet.
3.7. The Company processes withdrawals of Client funds based on the market rate of the national currency of the Client's payment to the US dollar equivalent, as officially established by the National Bank of the Client's country for the payment currency. The market rate cannot be higher than the official exchange rate of the Client's payment currency set by the National Bank on the date of the first payment.
RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Client has the right to expect to receive the services described in full.
4.2. The Client can request the return of funds within the available balance at any time. Withdrawals will be subject to the terms and conditions of this Agreement.
4.3. The Client has the right to change the assigned password an unlimited number of times to maintain the necessary degree of confidentiality.
4.4. The Client is obligated to provide accurate personal information during account registration and agreement conclusion, as well as provide necessary documents as required by the Company.
4.5. The Company has the right to close all or part of the open positions (contracts) if the ratio of the Client's deposit amount and current loss to the reserved collateral amount becomes equal to or less than the Company's stop out level. The current interest rate for this provision is published on the Company's website.
4.6. The Company reserves the right to refuse service if the Client violates obligations or Company rules. The Company may take action to prevent malicious actions by the Client, and may claim compensation for costs or losses incurred by the Company in doing so. If the Company refuses service without explanation, the right to compensation for costs is lost.
4.7. To protect the interests of the Company's clients and comply with financial institution legislation, anti-money laundering, anti-terrorism, and fraud prevention laws, the Company may require additional information and documentation from the Client in case of suspicious transactions or actions that violate the terms of this Agreement. The Company may also refuse to comply with this Agreement until the end of an investigation.
4.8. No article in this Agreement can be used as a basis for civil liability of the Company for failure to perform obligations.
4.9. The Company may block the Personal Cabinet and/or attached trading accounts of the Client if the Client's personal information is determined to be untrue, or if the Client attempts unauthorized access to the Company's IT assets and obtains insider information.
4.10. The Client must send all e-mails to the Company from the e-mail registered at registration. Letters registered at a single domain website with different ends of the domain name are valid.
4.11. The Client acknowledges that the Company has no obligation to pay interest or guarantee payments corresponding to inflation on the Client's cash balance regardless of the time funds are held in the Client's accounts.
4.12. The Company will not accept any orders for payments from the Client's account to third parties unless otherwise agreed to in an additional agreement.
4.13. The Client agrees to follow the Company's prescribed method and manner for withdrawing funds from the Trading account. The Company may change the established withdrawal order according to current needs and forced circumstances without agreement from the Client.
4.14. The Client may only register one Personal Cabinet using their data. Registration of a second or further personal cabinet will result in all additional personal cabinets being blocked, with notification to the Client.
4.15. The Client may only register one Personal Cabinet using their data. Registration of a second or further personal cabinet will result in all additional personal cabinets being blocked, with notification to the Client.
4.16. The Client understands that Algorithmic HFT & Arbitrage is not allowed in the system. If such activity is detected, the trading account will be disabled, and the Client will only be able to request the withdrawal of their initial deposit without the possibility of dispute.
DURATION AND TERMINATION OF AGREEMENT
5.1. This Agreement becomes effective when the Client completes the registration form for opening a Trading Account and ticks the box "I agree with the terms of the public offer and its annexes". It remains valid indefinitely until one of the Parties terminates its operation in accordance with the terms of this Agreement.
5.2. Either party may unilaterally terminate this Agreement with notice to the other Party no less than 20 (twenty) working days before the intended date of termination. Each Party is also obliged to fulfill any obligations that arise before the date of termination of this Agreement.
5.3. The Company reserves the right to terminate this Agreement with notice to the Client in the case of gross violation of its terms.
5.4. If the Client has funds remaining in their trading account at the time of termination of this Agreement, withdrawal will be in accordance with this Agreement.
5.5. If any provision or part of any provision of this Agreement is deemed unenforceable by a court of competent jurisdiction, it will be treated as a separate part of the Agreement and will not affect the legal validity of the remaining provisions.
5.6. The Company reserves the right to unilaterally block the Client's account during an investigation or terminate the Agreement in general, without disclosing reasons, if the security service of the Company determines that the Client has engaged in fraud, breached the Agreement in general, or used trading methods that threaten the Company's existence, directly or indirectly, including by creating increased server load. However, the Company is obliged to fully refund the Client's initial deposit in accordance with the terms of this Agreement, if the Company has no damages.
LIABILITY OF THE PARTIES
6.1. The Company's liability is limited to actual damages caused to the Client as a result of the Company's fault, such as default of its liabilities under this Agreement. However, the Company shall not be liable for any loss of Client benefits. In all other cases, losses incurred by the Client are a result of their own actions or inactions.
6.2. If non-market quotations or incorrect data is displayed in the Client's account, account history, or open positions due to the fault of the Company, the Company will inform the Client by e-mail or through a message on the website. If brought profits and losses are subject to cancellation or correlation with market conditions.
6.3. The Client is responsible for losses incurred by the Company due to the Client's fault, including damage caused by the late submission or non-provision of documents required by the Company under this Agreement or relevant regulations. The Client is also responsible for any damage caused to the Company due to any misrepresentation contained in the documents provided by the Company to the Client.
6.4. The Company shall not be liable for losses incurred by the Client as a result of hacker attacks, incidents or failures of computer networks, power electric networks or telecommunication systems used to negotiate the conditions of foreign exchange transactions or other procedures provided by the Company.
6.5. The Company shall not be responsible for unauthorized use of the Client's identification data by third parties.
6.6. The Company shall not be responsible for the results of conversion, arbitrage transactions, or decisions made by the Client based on analytical materials provided by the Company. The Client is informed that foreign exchange and arbitrage transactions involve a risk of non-receipt of expected income and loss of part or the entire amount of money.
6.7. The Company always acts as a principal in its relationship with the Client, unless otherwise stated in writing by the Company in accordance with this Agreement.
6.8. This Agreement does not contain provisions excluding or restricting obligations to the Client that the Company is not permitted to exclude or limit in accordance with the legislation of the country where the Company is registered. In case of contradiction between this Agreement and the Client's legal rights under the law of the country where the Company is registered, the legal rights shall prevail. The Company does not assume any additional obligations or fiduciary duties beyond those stipulated in this Agreement.
6.9. The source code, structure, algorithms, and architectural organization of the software used by the Company are protected by various intellectual property rights such as copyright, trade secret law, trademarks, patents, etc. The Client is prohibited from engaging in any unauthorized use of the software, including using any software errors for profit, copying, distributing, publishing, decompiling, retranslating, disassembling, modifying or converting the software, selling, assigning, sublicensing, transferring, distributing or providing the software for temporary use, providing access to the software to any third party, exporting the software to any country without prior written consent from the Company, or using the software in any way that violates the Agreement or applicable laws and regulations.
6.10. The Client is responsible for paying all taxes related to or arising out of the execution of this Agreement, in accordance with applicable law or the existing practice of taxation, and any possible changes to such practices.
PROCEDURE FOR CONSIDERATION OF CLAIMS AND DISPUTES
7.1. All disputes and disagreements between the Parties regarding the conclusion and settlement of transactions with Financial instruments and other actions provided for in this Agreement shall be resolved through negotiations. If the Parties fail to reach a mutual agreement, the disputes shall be resolved in a judicial manner, subject to the claims procedure for resolving disputes.
7.2. Claims may only be submitted in writing to the Company's email address or through the messaging system in the Personal cabinet. Claims filed through other means, such as phone or fax, will not be accepted for consideration. The conditions for preparing such a complaint are in accordance with the conditions for preparing the claim.
7.3. The claim must contain the following details: the Client's personal data (last name, first name, and patronymic), trading account number, date and time of the conflict situation (according to the system time of the trading terminal), tickets of all disputed positions and/or pending orders, and a description of the essence of the conflict of interests with appropriate justification.
7.4. Claims will be considered by the Company within five (5) working days from the moment when the Client has learned or should have learned about the occurrence of a disputable situation. The delay in filing a claim is grounds for refusing to consider it. The total period for considering the claim is set at five (5) working days from the date of receipt of the last.
7.5. The Company reserves the right to block all or part of the Client's account operations until the dispute is resolved or until the parties reach an interim agreement if the Client files a claim with the Company.
By concluding this Agreement, the Client guarantees the following:
8.1 The Client acknowledges that the Company does not possess information about the procedure and possible restrictions when the Client performs operations that constitute the subject of this Agreement.
8.2 The Client takes care of compliance with the requirements of the legislation of the country of his residence (residence) while carrying out the specified activity. The Company’s rights under this Agreement are additional to the rights established by the legislation of the country of incorporation of the Company.
8.3 The Client carefully studied the contents of this Agreement. The Client is notified that in the event of disagreement with any clause(s) of the Agreement, the Client may refuse the services of the Company only before accepting the terms (acceptance) of the Agreement, that is, until the conclusion of the Agreement. From the moment of conclusion of the Agreement, it is considered that the Client agrees with all the terms of the Agreement.
8.4 The Client is informed, fully aware and agrees that the risk in the trading of financial instruments can be significant. The client is fully aware that he may lose part or all of the funds deposited on the Company’s account for an indefinite period of time. Therefore, the Client must independently control the level of risks (losses) in the trading account.
8.4 The Client guarantees that they possess the necessary legal capacity and legal capacity, as well as all the rights and powers necessary and sufficient for the conclusion of the Agreement. The Client is not in a state of alcohol and/or narcotic intoxication, nor under the influence of delusion, deception, violence, threat.
8.5 The Client is aware that in order to control possible losses, the Client needs to check the status of the trading account as often as possible, at least once a day, use “stop loss” (liquidation of loss-making positions when the market reaches a certain price), automatically limit losses for each separate transaction, and also regularly change the password to the trading account.
8.6 The Client is notified that the placement of security orders, such as an order for the liquidation of loss-making positions, will not necessarily limit the Client’s loss to the expected amount if unfavorable conditions prevail on the market. For example, breaks in prices after the end of the trading session, world defaults, and more.
8.7 The Client understands and acknowledges that in case of a strong price movement on the market (including gap), it is not always possible to fulfill the Client’s Trading order at the desired price - this is especially true at times of global crises, terrorist acts, defaults, and other events that have a strong influence on the market.
8.8 The Client understands and acknowledges that trading in financial instruments through the Internet is a high-tech service, and the Company does not bear any responsibility for failures related to power outages, communication line failures, equipment providers, disconnection of quoting feeders, and other technological risk-related malfunctions that can take place.
8.9 The Client independently ascertains and controls the issue of legality of the activities that constitute the subject of this Agreement, as well as the need to obtain licenses or other permits, according to the legislation of their country of residence.
8.10The Client also acknowledges and agrees that this section of the Agreement is not able to fully disclose all risks associated with the trading of financial instruments. In this regard, the Client should study the trading in financial instruments as much as possible before commencing trading activities.
8.11The Client is aware that marginal trading is a high-risk activity, and they may lose some or all of the available funds in the account. Therefore, it is not recommended to use the funds necessary for a sufficient level of well-being for trade. The client should not start trading if they do not understand the basic principles of margin trading, or they do.
9.1. The Company can make unilateral amendments and additions to this Agreement, including its attachments, and such changes will take effect from the moment they are published in a new version of the public offer on the Company's website.
9.2. The Client is responsible for regularly checking the Company's website, either independently or through authorized representatives, at least once a week to stay informed about any changes or additions made to this Agreement.
9.3. All changes and additions to this Agreement, once they have come into effect in accordance with the procedures outlined in this section, will apply equally to all individuals who have entered into the Agreement, including those who entered into the Agreement before the amendments came into effect. If the Client disagrees with any changes or additions made to this Agreement by the Company, they have the right to unilaterally terminate the Agreement within three (3) days from the date when the amendments or additions came into effect.
REGULATORY LEGISLATION AND JURISDICTION
10.1. The laws of the Company's jurisdiction govern this Agreement, without regard to choice of law principles. All Company actions, including service provision under this Agreement, occur within the Company's jurisdiction.
10.2. The place where the final actions necessary to provide the service occur is the place of service provision.
10.3. The Client unconditionally:
agrees that the courts in the country of the Company's jurisdiction have the right to exclusive jurisdiction for any procedural actions regarding this Agreement;
is subject to the jurisdiction of the courts in the Company's jurisdiction;
agrees not to make a claim that the place of proceeding is inconvenient or lacks legal force regarding the Client.
10.4. The Client definitively and to the fullest extent permitted by applicable law waives, for themselves and their income and assets (regardless of use or intended use), immunity (on the grounds of sovereignty or any other similar grounds) in court proceedings, including in a particular jurisdiction, seizure of assets (before or after judgment), or other performance, including enforcement, of any judgment regarding the Client, their income or assets.
10.5. If there is any conflict between this Agreement and any applicable regulatory documents, the latter prevail. The Company may take or refuse to take any action to enforce the provisions of applicable regulatory documents, and the decision of the Company is mandatory for the Client.
10.6. The language used for communication between the Parties is English. The Client may provide documents to the Company in any of the specified languages. At the request of the Company, the Client agrees to provide a translation into one of the official languages.
10.7. The use of obscene language or hate speech during communication with Company employees is unacceptable. The Company reserves the right to:
refuse services to the Client for violating communication conditions;
ignore the Client's message;
not disclose the personal data of employees or allow personal communication (not related to the object of the Agreement) between Company employees and customers to prevent conflicts of interest and ensure employee safety;
ignore repeated appeals regarding already opened or closed applications that prevent a transparent process of studying the subject of communication;
minimize communication until the investigation is fully completed in the event of a reasonable suspicion that the Client violated the norms of the Agreement, laws, and customs of the world business turnover in the financial markets.
11.1. The Company reserves the right to declare force majeure. The Client will be informed of any occurrence of force majeure by the Company. Force majeure events include (but are not limited to):
Any action, event or phenomenon (including, but not limited to, strikes, riots or civil unrest, terrorist acts, wars, natural disasters, accidents, fires, floods, storms, power outages, communication, program or electronic equipment, civil disorders) that, in the Company's opinion, destabilizes one or more markets.
Significant changes in the financial market recognized by market regulators, financial instruments (any jurisdiction), market participants, or any government official of the central authorities governing financial instruments, whose statements can affect the market's volatility or individual instruments.
Suspension, liquidation, or closure of any market, lack of any event on which the Company bases quotes, imposition of limits, special or unusual trading conditions in any market or in respect of any such events.
11.2. If the Company confirms force majeure, the Company may take any of the following actions (without prejudice to other rights of the Company under the relevant agreement) without prior written notice and at any time:
Close any or all open positions of the Client at a price which the Company considers reasonable.
Cancel all or part of the transactions closed by the Client which were made under the actions and consequences of force majeure.
Write off the relevant gain or loss resulting from the transactions the Client made during or after the occurrence of force majeure.
Suspend or change application of one or all of the provisions of the relevant Agreement until the occurrence of force majeure makes it impossible to comply with these provisions by the Company.
Take or not to take any actions against the Company, Client, and other clients if the Company on good grounds considers it appropriate under the circumstances.
11.3. The parties are not liable to each other for delay or failure to perform their obligations due to circumstances of insurmountable force (force majeure), which arise against their will and desires and which could not have been foreseen or avoided, including declared or actual war, civil unrest, fires, and other natural disasters.
11.4. The party unable to fulfill its obligations due to force majeure shall notify the other party of these circumstances within seven (7) days. Failure to notify or untimely notification deprives the notifying parties of the right to invoke these circumstances as grounds for exemption from liability for non-performance or improper performance of obligations under this Agreement. If force majeure lasts for more than one (1) month, the parties must negotiate to develop a common position on the continuation of this Agreement.