Terms & Conditions

Note: The English version of this agreement is the governing version and shall prevail whenever there is any discrepancy between the English version and the other versions.

why This client agreement, together with any Schedule(s), and accompanying documents, as amended from time to time, (this “Agreement”) sets out the terms of the contract between you and us. Please read it carefully and let us know as soon as possible if there is anything which you do not understand. General Questions

1. INTERPRETATION

“APPLICABLE REGULATIONS” means:

MFSA Rules or any other rules of a relevant regulatory authority; and all other applicable laws, rules and regulations as in force from time to time.

“ASSOCIATE” means an undertaking in the same group as us, a representative whom we or an undertaking in the same group as us appoint, or any other person with whom we have a relationship that might reasonably be expected to give rise to a community of interest between us and them.

“BASE CURRENCY” means US Dollars.

“BUSINESS DAY” means a day which is not a Saturday or a Sunday and upon which banks are open for business in US.

“CLIENT MONEY RULES” means the rules specified in Standard License Conditions 2.86-2.93 of the Investment Services Rules issued by MFSA and the Investment Services Act (Control of Assets) Regulations – Legal Notice 24 of 1998 as amended and the Directives and Circulars issued pursuant these Rules and Regulations, as amended from time to time by MFSA.

“CONTRACT FOR DIFFERENCES” or “CFD” means the financial instrument specified in paragraph of the Second Schedule of the Investment Services Act.

“CREDIT SUPPORT PROVIDER” means any person who has entered into any guarantee, pledge, hypothecation, agreement, margin or security agreement in our favor in respect of your obligations under this Agreement.

“ELECTRONIC SERVICES” means a service provided by us, for example an Internet trading service offering clients access to information and trading facilities, via an internet service, a WAP service and/or an electronic order routing system.

“EVENT OF DEFAULT” means any of the events of default as listed in Clause 14.1 to Clause 14.9 of Clause 14 (Events of Default)” of this Agreement.

“EXECUTION” means the completion of clients’ orders on the company’s trading platform, where the company acts as a Principal to clients’ transactions.

“MFSA” is an abbreviation for “US Financial Services Authority”.

“MFSA RULES” means the Investment Services Act (Chapter 370 of the Laws of US), the Prevention of Money Laundering Act (Chapter 373 of the Laws of US), the US Financial Services Act (Chapter 330 of the Laws of US), the Prevention of Financial Markets Abuse Act (Chapter 476 of the Laws of US), the Directives, Circulars and all other regulations issued pursuant to these Laws and all guidance notes, administrative notices, newsletters and rules published by the US Financial Services Authority.

Crypcapital” means the internet-based trading system available at our Website that allows you to provide us with instructions.

“OTC” means ‘over the counter’ and refers to transactions conducted otherwise than on an exchange. “SECURED OBLIGATIONS” means the net obligation owed by you to us after the application of set-off under clause 12 (Margining Arrangements) in the paragraph entitled (Set-off on default).

“SYSTEM” means all computer hardware and software, equipment, network facilities and other resources and facilities needed to enable you to use an Electronic Service.

2. INTRODUCTION

SCOPE OF THIS AGREEMENT

This Agreement sets out the basis on which we will provide services to you. This Agreement governs each Transaction entered into or outstanding between us on or after the execution of this Agreement.

COMMENCEMENT

This Agreement supersedes any previous agreement between you and us on the same subject matter and takes effect when you indicate your acceptance via our website. This Agreement shall apply to all Transactions contemplated under this Agreement.

3. REGULATION

SUBJECT TO APPLICABLE REGULATIONST

This Agreement and all Transactions are subject to Applicable Regulations so that:
Nothing in this Agreement shall exclude or restrict any obligation which we have to you under Applicable Regulations;
We may take or omit to take any action we consider necessary to ensure compliance with any Applicable Regulations;
all Applicable Regulations and whatever we do or fail to do in order to comply with them will be binding on you; and such actions that we take or fail to take for the purpose of compliance with any Applicable Regulations shall not render us or any of our directors, officers, employees or agents liable.

ACTION BY REGULATORY BODY

If a regulatory body takes any action which affects a Transaction, then we may take any action which we, in our reasonable discretion, consider desirable to correspond with such action or to mitigate any loss incurred as a result of such action. Any such action shall be binding on you. If a regulatory body makes an enquiry in respect of any of your Transactions, you agree to co-operate with us and to promptly supply information requested in connection with the enquiry.

4. COSTS, PAYMENTS, CHARGES and COMMISSIONS

CHARGES AND/OR COMMISSIONS

You shall pay our charges and/or commissions as agreed with you from time to time, any fees or other charges imposed by a clearing organization and interest on any amount due to us at the rates then charged by us (and which are available on request). Any alteration to charges and/or commissions will be notified to you before the time of the change.

ACTION BY REGULATORY BODY

If a regulatory body takes any action which affects a Transaction, then we may take any action which we, in our reasonable discretion, consider desirable to correspond with such action or to mitigate any loss incurred as a result of such action. Any such action shall be binding on you. If a regulatory body makes an enquiry in respect of any of your Transactions, you agree to co-operate with us and to promptly supply information requested in connection with the enquiry.

ADDITIONAL COSTS

You should be aware of the possibility that other taxes or costs may exist that are not paid through or imposed by us.

PAYMENTS

All payments to us under this Agreement shall be made in such currency as we may from time to time specify to the wallet address designated by us for such purposes. All such payments shall be made by you without any deduction or withholding.

REMUNERATION AND SHARING OF CHARGES

We may share charges and/or commissions with an Associate or other third party in connection with Transactions carried out on your behalf. Details of such remuneration or sharing arrangements are available to you upon request. We may also pay fees and commissions to persons who introduce business to us. If you require more information on the fees and commissions that we pay to business introducers, let us know and we will provide you with further information.

5. . RIGHT TO CANCEL

CHARGES AND/OR COMMISSIONS

You have a right to cancel this Agreement for a period of fourteen days commencing on the date on which this Agreement is concluded or the date on which you receive this Agreement (whichever is later) (the “Cancellation Period”). Should you wish to cancel this Agreement within the Cancellation Period, you should send notice in writing to the following email address: support@Crypcapital.net
Cancelling this Agreement within the Cancellation Period will not cancel any Transaction entered into by you during the Cancellation Period. If you fail to cancel this Agreement within the Cancellation Period you will be bound by its terms but you may terminate this Agreement in accordance with clause 17 (Termination without Default).

6. NON ADVISED

EXECUTION ONLY

We deal on an execution-only basis and do not advise on the merits of particular Transactions, or their taxation consequences. OWN JUDGEMENT AND SUITABILITY

In asking us to enter into any Transaction, you represent that you have been solely responsible for making your own independent appraisal and investigations into the risks of the Transaction. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any Transaction and that you have read and accepted the Risk Disclosure Statement for Transactions in Foreign Exchange and Derivatives (including Contracts for Differences) and guidelines in relation to the financial instruments and the markets which are available in our websites. We give you no warranty as to the suitability of the products traded under this Agreement and assume no fiduciary duty in our relations with you.

OWN JUDGEMENT AND SUITABILITY

INCIDENTAL INFORMATION AND INVESTMENT RESEARCH

Where we do provide generic trading recommendations, market commentary or other information:
this is incidental to your dealing relationship with us. It is provided solely to enable you to make your own investment decisions and does not amount to advice;
if the document contains a restriction on the person or category of persons for whom that document is intended or to whom it is distributed, you agree that you will not pass it on to any such person or category of persons;
where information is in the form of a document containing a restriction on the person or category of persons for whom that document is intended or to whom it is distributed, you agree that you will not pass it on contrary to that restriction;
you accept that prior to dispatch, we may have acted upon it ourselves or made use of the information on which it is based. We do not make representations as to the time of receipt by you and cannot guarantee that you will receive such information at the same time as other clients. Any published research reports or recommendations may appear in one or more screen information service. Please refer to our Conflicts of Interest Policy for further information on how we manage conflicts which would affect the impartiality of investment research we provide to you.