1.1. This Customer Agreement binds S D STAR FX LTD (hereinafter referred to as the ‘Company’) and the individual who submitted a registration form at www.sdstarfx.com (hereinafter referred to as the ‘Client’).
1.2. The Company is duly registered, regulated, and governed under the Laws of the Comoros Union. The Company's primary office is situated at SDFX GLOBAL TECHNOLOGY LLC, Suite 2201, CHURCHILL TOWER, BUSINESS BAY, DUBAI.
1.3. This Agreement outlines the terms and conditions governing the relationship between the Client and the Company. It covers various aspects such as order execution, Client policies, payments and payouts, claims resolution, fraud prevention, communication, and more.
1.4. Any potential disputes between the Client and the Company will be resolved in accordance with this Agreement, unless specified otherwise.
1.5. By entering into this Agreement, the Client affirms their legal age. In the case of a legal entity, the entity guarantees its capacity to act, with no other parties having the authority to conduct actions, claims, demands, requests, etc. related to the Client’s trading account.
1.6. All activities involving the Client’s trading account adhere to this Agreement, unless otherwise indicated.
1.7. The Client cannot circumvent, wholly or partially, their obligations under this Agreement, even in the context of a distance contract.
2.1. ‘Access Data’ encompass all the login credentials and passwords associated with the Client’s trading account(s), Personal Area, or any other data granting access to the Company’s services.
2.2. ‘Ask’ denotes the higher price listed in the Quote, at which the Client can initiate a ‘Buy’ order.
2.3. ‘Auto trading Software’ refers to an Expert Advisor or a cBot, software designed to execute trading operations automatically or semi-automatically, with limited or occasional human intervention.
2.4. ‘Balance’ represents the cumulative value of all closed orders (including deposits and withdrawals) within the Client’s trading account at a given time.
2.5. ‘Base Currency’ signifies the first currency in a Currency Pair.
2.6. ‘Bid’ designates the lowest price specified in the Quote at which the Client can initiate a ‘Sell’ order.
2.7. ‘Business Day’ denotes a working day within a week, from Monday to Friday, excluding any officially or unofficially declared holidays by the Company.
2.8. ‘Client Information’ pertains to any data the Company obtains from the Client (or by other means) related to the Client, their trading account, and so forth.
2.9. ‘Client Terminal’ encompasses S D STAR FX LTD Trader, MetaTrader 5, or any other software version employed by the Client for real-time market information retrieval, diverse market analyses, order execution, modification, closure, and communication with the Company.
2.10. ‘Company News Page’ signifies the section of the Company's website where news articles are published.
2.11. ‘Corporate actions’ or ‘Corporate events’ encompass the activities carried out by a publicly traded corporation that result in significant changes affecting its stakeholders, such as dividends, stock splits, mergers, buybacks, bankruptcy, or any other action that such corporations may undertake. Depending on the specifics of each event, the Company retains the rights to:
2.12. ‘Currency of the Trading Account’ refers to the currency in which the Trading Account is denominated, with all calculations and operations on the account conducted in this currency.
2.13. ‘Currency Pair’ signifies the subject of a transaction based on fluctuations in the value of one currency against another.
2.14. ‘Derivative on Stock’ is a contract related to the price difference based on the fluctuations in the price of the underlying stock.
2.15. ‘Derivative on Index’ is a contract focused on the price difference involving fluctuations in the price of the underlying stock index.
2.16. ‘Dispute’ refers to:
2.17. ‘Dividend Adjustment’ involves a Balance operation resulting from a dividend payment related to a single stock derivative.
2.18. ‘Energy’ encompasses Spot West Texas Intermediate Crude Oil, Spot Brent Crude Oil, or United States Natural Gas.
2.19. ‘Ex-dividend Date’ is the date by which the Client must hold the dividend-paying stock derivative position to receive the forthcoming dividend adjustment payment. If the Client acquires and retains the Derivative on Stock position before the ex-dividend date, the next Dividend Adjustment will be applied to their Balance. Conversely, purchasing the Derivative on Stock after the Ex-dividend Date will result in the exclusion of the Dividend Adjustment from their Balance.
2.20. ‘Floating Profit/Loss’ represents the current profit or loss on Open Positions, calculated at the prevailing price.
2.21. ‘Force Majeure Event’ encompasses the following occurrences:
2.22. ‘Free Margin’ constitutes the funds available in the Client’s account to initiate a position, calculated as Free Margin = Equity − Required Margin.
2.23. ‘IB’ denotes the Client whose application for IB status, submitted through the Company’s website, was approved by the Company.
2.24. ‘Indicative Quote’ refers to a price or quote at which the Company reserves the right not to accept or execute any Orders or make modifications to the orders.
2.25. ‘Initial Margin’ represents the margin required to open a position, which can be found in the Trader’s Calculator.
2.26. ‘Instruction’ stands for the directive from the Client to open or close a position or place, modify, or delete an Order.
2.27. ‘Instrument’ denotes any tradable asset, including but not limited to forex currency pairs, spot metals, and contract for difference (CFD) products.
2.28. ‘Last Price’ signifies the final price for the latest quote received on the trading server. For stock derivatives and stock indices, the last price typically corresponds to the price of the most recent closing.
2.29. ‘Leverage’ or ‘Loan’ is the potential opportunity for the Client to initiate orders on more significant sums than those in their Balance, with the Company providing credit for trading operations.
2.30. ‘Long Position’ pertains to a Buy Order in an instrument or asset.
2.31. ‘Lot’ signifies the standard trading size, as defined by the Company, with one lot corresponding to 100,000 units of the base currency.
2.32. ‘Maturity Date’ refers to the date when a specific order is considered closed or executed.
2.33. ‘MT Server Time’ stands for the time displayed on the Company’s server.
2.34. ‘Minimum Margin’ designates the lowest possible Margin for an open position, determined by the Company in the Trader’s Calculator.
2.35. ‘Order’ pertains to a trading operation in the Client Terminal, involving opening, closing, or modifying positions.
2.36. ‘Over the Counter (OTC)’ encompasses the practice of trading financial instruments between different financial institutions, without going through a centralized exchange.
2.37. ‘Pending Order’ pertains to an instruction issued by the Client to execute a trade when certain market conditions are met.
2.38. ‘Personal Area’ refers to a Client’s personalized space on the Company’s website, which provides access to services, analysis, and reports.
2.39. ‘Price Gap’ signifies a significant difference between consecutive Bid and Ask prices.
2.40. ‘Profit’ pertains to the profit earned or loss incurred during trading operations.
2.41. ‘Quotation (Quote)’ is the actual information pertaining to the current market rates for a given financial instrument.
2.42. ‘Rollover’ or ‘Swap’ designates the operation for shifting the settlement of a currently open position to another time.
2.43. ‘Short Position’ pertains to a Sell Order in an instrument or asset.
2.44. ‘Spread’ encompasses the distinction between Ask and Bid prices for a currency pair.
2.45. ‘Stop Out’ represents a critical Margin level, at which all client’s open positions are closed automatically, to prevent further losses.
2.46. ‘Swap’ stands for the amount subtracted or credited to the Client’s account for the open position held overnight.
2.47. ‘Trader’s Calculator’ represents a tool available on the Company’s website, providing the Client with the necessary calculations for margin and swap purposes.
2.48. ‘Trading’ is the sale or purchase of financial instruments, derivatives, and other assets for the purpose of profit.
2.49. ‘Trading Account’ pertains to the unique personalized accounting system used by the Client to initiate trading operations with the Company.
2.50. ‘Transaction Size’ signifies the size of a contract in lots.
2.51. ‘Underlying Asset’ or ‘Underlying Instrument’ signifies the main financial instrument involved in the contract of a derivative, on which fluctuations influence the value of that derivative.
2.52. ‘Volume’ indicates the size of the position, with one lot corresponding to a volume of 1.0.
2.53. ‘Withdrawal’ denotes the transfer of funds from the Client’s trading account to their other account.
3.1. Pursuant to this Agreement, the Company will provide the following Services to the Client:
3.1.1. Receiving and executing trading orders or transmitting them for the Client, utilizing the provided Trading Instruments.
3.2. The Company's services encompass access to the SD STAR FX platform and MetaTrader 5 software, along with technical analysis tools and any third-party services offered in conjunction with the Company's services.
3.3. Under the terms of this Agreement, the Company may engage in Transactions with the Client, utilizing the specified Trading Instruments accessible on the Company's website at www.sdstarfx.com.
3.4. The Company will execute all Transactions with the Client on an execution-only basis. The Company retains the right to execute Transactions, even if a Transaction may not be suitable for the Client. The Company is not obligated, unless otherwise agreed, to monitor the status of any Transaction for the Client, issue margin calls, or close out the Client's Open Positions.
3.5. The Client is not entitled to request investment advice from the Company or solicit statements of opinion that encourage specific Transactions.
3.6. The Company does not physically deliver the Underlying Asset of an Instrument related to any Transaction. Profit or loss in the Currency of the Trading Account is credited or debited once the Transaction is closed.
3.7. The Company does not provide personal recommendations or advice regarding specific Transactions.
3.8. Periodically, the Company may, at its discretion, offer information and recommendations in newsletters posted on its website or provided to subscribers. In such cases:
3.8.1. The information is provided solely to assist the Client in making their own investment decisions and should not be considered investment advice.
3.8.2. If the document specifies restrictions on its intended audience, the Client agrees not to share it with individuals or categories of individuals mentioned in the restrictions.
3.8.3. The Company makes no representation, warranty, or guarantee regarding the accuracy or completeness of this information or its tax consequences.
3.8.4. The information is meant to assist the Client in making their investment decisions and should not be viewed as investment advice or unsolicited financial promotions.
3.9. When providing reception and transmission and/or execution services, the Company is not obligated to assess the suitability of the financial instrument for the Client or the services offered.
3.10. The Company reserves the right to refuse the provision of Services to the Client at any time, without obligation to provide reasons.
3.11. The Company may reject the Client by returning their initial deposit if deemed necessary, including as a result of the Client's malicious, illegal, inappropriate, fraudulent, or other unacceptable actions.
3.12. Market commentary, news, or other information is subject to change and may be modified at any time without notice. Such information cannot be construed as direct or indirect trading advice under any circumstances.
3.13. The Client acknowledges that any trading decisions are their sole responsibility, and the Company is not liable for the consequences of such decisions.
3.14. By accepting this Agreement, the Client confirms that they have read the communication rules and agree that they can only place orders through the Client Terminal.
3.15. The Client agrees that the Company may modify, add, rename, or cancel any services described in this Agreement, either in part or entirely, without prior notification. The Agreement applies to services that may be modified, added, or renamed in the future, in addition to the existing services.
3.16. The Company will not attempt to execute any Client's order at quotes different from those offered by the Trading Platform, except as specified in this Agreement.
3.17. The Company cannot be considered a tax agent under any circumstances. Both parties are responsible for their tax and other obligations.
3.18. The Company does not allow anyone to trade as an agent for other Clients or individuals, except for specific campaigns and programs arranged by the Company (e.g., S D STAR FX LTD Copytrading). Unless stated otherwise:
3.18.1. The Client must trade personally on their behalf and should not permit others to trade on their behalf, nor trade on behalf of other Clients or individuals.
3.18.2. If the Client trades on behalf of another Client or individual, they shall indemnify the Company and be liable to such other Client or individual for any losses or damages incurred.
3.18.3. If another Client or individual trades on behalf of the Client, and the Client suffers losses or damages as a result, they may not claim against the Company but only against the other Client or individual.
3.19. Creating multiple Personal Areas using multiple email addresses is prohibited. If the Company reasonably suspects the Client operates multiple Personal Areas, the Company reserves the right to close all Personal Areas except one at its discretion. This also results in the closure of Trading Accounts within these Personal Areas. The Company is not responsible for trading activities conducted through excessive Personal Areas or their consequences, including losses incurred upon closure of such Personal Areas and Trading Accounts. Personal funds remaining in the excessive Personal Areas will be transferred to the remaining Personal Area.
3.19.1. The Company may close the Client's open orders based on market quotes if multiple Personal Areas are created.
3.20. The Company reserves the right to automatically suspend a Trading Account on S D STAR FX LTD Trader or MetaTrader 5 platform from trading in the following cases:
3.20.1. The Client hasn't added funds to the Trading Account within 7 calendar days after logging into the platform using the account's credentials.
3.20.2. The Client has not made any deposits, opened or closed orders, or logged into the platform using the account's credentials in 30 calendar days.
3.21. The Client can reactivate a suspended Trading Account at any time by using the corresponding button in the Personal Area or the SD STAR FX Trading App, or by making any deposit or transfer into the Trading Account. In such cases, the trading credentials, history, balance, and withdrawal availability remain unchanged.
4.1. The Company provides Market Execution for all trading instruments, utilizing the ECN/STP model for order execution. This means that all the Client's positions are offset to interbank liquidity providers. However, there may be instances where orders fail to be offset or where the Company decides not to offset a specific order or group of orders.
4.2. Given the nature of Market Execution, occasional slippage may occur when opening or closing orders. The Client acknowledges that such slippage is a natural consequence of Market Execution, and the Company is not responsible for it.
4.3. Any potential price deviations during opening or closing orders are subject to available liquidity. The Company assumes no responsibility for the consequences of such deviations or price differences from the Client's requested price.
4.4. The Client can cancel a pending order only while it is in the queue with the 'Order is accepted' status. However, order cancellation cannot be guaranteed due to the specific nature of the Client Terminal.
4.5. The Company may decline the Client's request to open, modify, or close an order under various circumstances, including:
4.5.1. During market openings, when the order is placed before the first quote is received by the Trading Platform.
4.5.2. In exceptional market conditions.
4.5.3. When the Client lacks sufficient margin, resulting in a 'Not enough money' or 'Insufficient funds' message from the Trading Platform.
4.5.4. In the event the Client uses Autotrading Software that generates over thirty requests per minute, the Company reserves the right to ban such Expert Advisors or cBots.
4.6. Using the same IP address by different clients may lead to the consideration of all orders across all accounts associated with that IP address as the actions of the same Client.
4.7. Orders opened or closed using off-market quotes may be canceled if:
4.7.1. The order was opened using an off-market quote.
4.7.2. The order was closed using an off-market quote.
4.8. The use of arbitrage strategies is prohibited. Arbitrage aims to profit from price differences in identical or similar financial instruments across different markets or forms, which includes but is not limited to latency abuse, price manipulation, or time manipulation. If the Company reasonably suspects the Client employs arbitrage, whether explicitly or covertly:
4.8.1. The Company may cancel all Client orders.
4.8.2. The Client's profits from all closed orders may be canceled.
4.8.3. The Company may close all of the Client's trading accounts and refuse further service to the Client.
4.9. In exceptional cases, short-term orders lasting less than 180 seconds may be canceled if they are deemed abusive.
4.10. The Company reserves the right to close the Client's open orders based on market quotes in the following situations:
4.10.1. The Client is underage.
4.10.2. The Client is from a country where the Company does not offer its services.
4.10.3. The Client employs arbitrage strategies, as determined by the Company's sole discretion.
4.10.4. The Client engages in other violations of this Agreement or any of the Company's policies.
4.11. The Company may cancel the Client's orders if they are not in compliance with this Agreement.
4.12. A buy order is initiated at the Ask price, and a sell order is initiated at the Bid price.
4.13. A buy order is closed at the Bid price, and a sell order is closed at the Ask price.
4.14. The Company reserves the right to increase spreads under certain conditions:
4.14.1. When market conditions become irregular.
4.14.2. When trading conditions for one or more currency pairs change.
4.14.3. In the event of Force Majeure events.
These revised sections clarify the Company's services and responsibilities while enhancing the Client's understanding of their rights and obligations.
5.1. Upon the arrival of the Client's order to initiate a position on the server, an automated check is conducted on the trading account to determine if there is sufficient free margin to open the order. If the required margin is available, the order is executed. If there is insufficient margin, the order will not be opened. It's important to note that due to Market execution, the opening price may vary from the requested price. The appearance of a record in the server's log file confirms that the Client's request has been processed, and the order has been initiated. Each open order on the Trading Platform is assigned a unique ticker.
6.1. A margin call is triggered when the margin level in the account falls below the specified percentage as outlined in the Trading Account specification on the Company Website. In such cases, the Company has the right, but not the obligation, to close the Client's positions.
6.2. In the event that the margin level falls below the percentage specified in the Trading Account specification on the Company Website, the Company is obligated to close the Client's open positions without prior notification. This event is referred to as a "Stop Out."
6.3. Stop Out is executed at the current market quote on a first-come, first-served basis and is recorded in the server's log file as a 'stop out.'
6.4. If the Client has multiple open positions, the position with the highest floating loss will be the first to close.
6.5. A Stop Out resulting in a negative account balance does not imply any debt payments by the Client and cannot be considered as such. The Company will reset the account balance to zero. However, in exceptional cases, where the Company suspects fraudulent or intentional actions by the Client, the Company may claim a debt.
6.6. Margin Call and Stop Out levels may be adjusted during news releases, periods of high market volatility, abnormal market conditions, and other irregular events.
7.1. The Client may change their leverage settings once every 24 hours.
7.2. The Company retains the right to modify the Client's leverage settings at any time without prior notification.
7.3. The following leverage limitations apply to all account types:
7.3.1. Leverage of 1:500 is offered for accounts with maximum personal funds up to 5000 USD/EUR (depending on the account currency).
7.3.2. Leverage of 1:500 is provided for accounts with maximum personal funds up to 35000 USD/EUR (depending on the account currency).
7.3.3. Leverage of 1:500 is available for accounts with maximum personal funds up to 125000 USD/EUR (depending on the account currency).
7.3.4. Leverage of 1:500 is applicable to accounts with maximum personal funds up to 250000 USD/EUR (depending on the account currency).
7.3.5. Leverage of 1:500 is granted for accounts with maximum personal funds up to 500000 USD/EUR (depending on the account currency).
7.3.6. Leverage of 1:33 is assigned to accounts with maximum personal funds up to 1000000 USD/EUR (depending on the account currency).
7.3.7. Leverage of 1:15 is allocated to accounts with maximum personal funds up to 3000000 USD/EUR (depending on the account currency).
7.3.8. The Company may, at its discretion, change the leverage of any account under circumstances other than those described in the Agreement if deemed necessary or appropriate.
7.3.9. Personal funds are calculated as follows: Personal Funds = Balance + Credit + Unrealized PnL.
7.3.10. Unrealized PnL is calculated as follows: Unrealized PnL = Positive Opened Orders PnL + Negative Opened Orders PnL.
7.3.11. PnL is calculated as follows: PnL = (Close price − Open price) × Contract size × Number of lots.
8.1. Comprehensive trading conditions, including but not limited to current spreads, currency pairs, lot sizes, transaction sizes, commissions, volume and deposit limits, and account types, are detailed on www.sdstarfx.com. The Company reserves the right to modify, add, or cancel any or all trading conditions. Any such modifications are subject to prior notification.
8.2. Any form of abuse or unfair (direct or indirect) exploitation of the Company's trading conditions may be subject to investigation. In cases where such abuses are confirmed, the Company may, at its sole discretion, cancel profits and/or losses gained through such exploitation. The Client acknowledges and fully accepts this.
9.1. The Trading Software supports the execution of various pending orders, which include:
9.1.1. Buy Limit: An order to initiate a 'Buy' position if the Ask price becomes lower or equal to the order price. In this case, the current price at the time of order placement is higher than the Buy Limit order price.
9.1.2. Buy Stop: An order to open a 'Buy' position if the Ask price becomes higher or equal to the order price. In this case, the current price when the order is placed is lower than the Buy Stop order price.
9.1.3. Sell Limit: An order to open a 'Sell' position if the Bid price becomes higher or equal to the order price. In this case, the current price at the time of order placement is lower than the Sell Limit order price.
9.1.4. Sell Stop: An order to initiate a 'Sell' position if the Bid price becomes lower or equal to the order price. In this case, the current price when the order is placed is higher than the Sell Stop order price.
9.1.5. Stop Loss: An order to close an open position at a specified price in case the position incurs losses.
9.1.6. Take Profit: An order to close an open position at a specified price when the position generates a profit.
10.1. The opening, modification, or cancellation of orders is only permissible during active trading hours, as specified in the Contract Specification, and is strictly prohibited beyond these trading hours.
10.2. Under exceptional circumstances of irregular market conditions, trading with a specific instrument may be restricted (either fully or partially) on a temporary or permanent basis until the market conditions return to normal or until further notice.
10.3. All pending orders follow the GTC Model ("Good Till Cancelled") and have no predefined expiration period; they remain active until the Client decides to cancel them. Nevertheless, the Client retains the right to set an expiration date for the order.
10.4. Orders that lack valid or complete parameters may be rejected by the Trading Platform.
10.5. The current market price will be determined at the Company's sole discretion.
10.6. Orders of all types must maintain a minimum distance in points from the current price. The minimum point distance from the current price may be adjusted with prior notice.
10.6.1. For pending orders of all types, including Take Profit and Stop Loss, the distance from the current price must not be less than the Stop Level, as specified in points for each symbol. Stop Level values may be changed with prior notice. Clients can review the current Stop Level value in the symbol's specifications in the S D STAR FX LTD Trader or MetaTrader trading terminal.
10.7. The appearance of an order opening in the server log file indicates that the Client has successfully opened an order and agrees to its terms. Each order is assigned a unique identification number, referred to as a ticker.
10.8. Orders requested for opening before the first quote is received in the Trading Platform will be rejected by the Trading Platform, displaying the message 'No price/Trading is forbidden' in the Client Terminal.
10.9. When an order is modified or closed, a record in the server log file signifies that the Client has made this adjustment and accepts it.
10.10. Requests for order closure or modification submitted before the first quote appears in the Trading Platform will be rejected by the Trading Platform.
10.11. The Company offers the following options to the Client:
10.11.1. The ability to partially close open positions on SD STAR FX Trader and MetaTrader 5 platforms. This option is implemented differently on each platform.
10.11.2. The option to perform singular or multiple Close By operations on open positions on S D STAR FX LTD Trader and MetaTrader 5 platforms.
10.12. The Company provides the Client with the option to perform the Close By operation on their open positions on MetaTrader 5 platforms.
10.13. The Company provides the Client with the option to perform the Multiple Close By operation on their positions on MetaTrader 5 platforms.
11.1. A pending order is executed under the following conditions:
11.1.1. Buy Limit order: When the current Ask price becomes lower or equal to the order price.
11.1.2. Buy Stop order: When the current Ask price becomes higher or equal to the order price.
11.1.3. Sell Limit order: When the current Bid price becomes higher or equal to the order price.
11.1.4. Sell Stop order: When the current Bid price becomes lower or equal to the order price.
11.1.5. Take Profit order for a 'Buy' position: When the current Bid price becomes equal to or higher than the order price.
11.1.6. Stop Loss order for a 'Buy' position: When the current Bid price becomes equal to or lower than the order price.
11.1.7. Take Profit order for a 'Sell' position: When the current Ask price becomes equal to or lower than the order price.
11.1.8. Stop Loss order for a 'Sell' position: When the current Ask price becomes equal to or higher than the order price.
11.2. The following rules apply to pending order execution during price gaps:
11.2.1. If the pending order price and Take Profit level fall within the price gap, the order will be canceled with a comment such as 'cancelled' or 'gap.'
11.2.2. If the 'Take Profit' order price is within the price gap, the order will be executed at its price.
11.2.3. If the 'Stop Loss' order price is within the price gap, the order will be executed at the first available price after the price gap, with a comment such as 'sl' or 'gap.'
11.2.4. 'Buy Stop' and 'Sell Stop' pending orders will be executed at the first available price after the price gap, with a comment such as 'started' or 'gap.'
11.2.5. 'Buy Limit' and 'Sell Limit' pending orders will be executed at the order's price with a comment such as 'started' or 'gap.'
11.3. In some cases, when minor price gaps occur, orders may be executed as usual, as described in the previous paragraph.
11.4. If a client account satisfies the following conditions simultaneously:
11.4.1. The margin level is 140% or less.
11.4.2. 60% of the volume of the total position is allocated to one trading tool and follows one direction (buy or sell).
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11.4.3. This part of the total position has been formed within 24 hours prior to the market's closure, the Company reserves the right to set a 'Take Profit' level for the orders within the total position. This level will be set at the Ask price of market closing for 'Sell' orders, minus one point, or at the Bid price of the market closing for 'Buy' orders, plus one point.
12. Margin Requirements
12.1. The Client is responsible for providing and maintaining the Initial Margin and/or Hedged Margin as required by the Company in accordance with the Agreement. It is the Client's sole responsibility to understand how margin is calculated.
12.2. The Client is required to pay the Initial Margin and/or Hedged Margin at the time of opening a position.
12.2.1. The Hedged Margin is set at a minimum of 50% of the Margin requirement for an equivalent hedged position. The size of the Hedged Margin depends on the position's volume.
12.3. Unless a Force Majeure Event occurs, the Company is authorized to change margin requirements and send a Written Notice to the Client at least 3 (three) Business Days before these amendments take effect.
12.4. In the event of a Force Majeure Event, the Company is permitted to modify margin requirements without prior Written Notice.
12.5. The Company has the right to apply new margin requirements, as amended in accordance with the above-mentioned paragraphs, to both new positions and positions that are already open.
12.6. The Company is entitled to close the Client's Open Positions without the Client's consent or prior Written Notice if the Equity falls below a certain rate, as specified for the account type on the Company Website.
12.7. The Client is responsible for promptly notifying the Company if they anticipate being unable to make a margin payment when it is due.
12.8. The Company is not obligated to make margin calls for the Client, and the Company is not liable for any failure to contact or attempt to contact the Client in this regard.
13.1. The Client has the flexibility to deposit funds into the Trading Account at any time, following the payment instructions detailed on the Company's Website. Please note that the Company will not accept payments from third parties or anonymous sources under any circumstances.
13.2. If the nature of the deposit does not allow for instant payment processing (e.g., bank wire), the Client must create a Deposit Request within the Personal Area. Failing to do so will result in a delay in deposit processing.
13.3. It is the sole responsibility of the Client to ensure that Deposit Requests are accurately completed within the Personal Area. Failure to do so may result in a delay in processing the deposit.
13.4. The Client can withdraw funds from the Trading Account at any time in accordance with the procedure described in paragraph 13.5.
13.5. When the Client requests a withdrawal of funds from the Trading Account, the Company will process the payment within three (3) Business Days after the request is accepted, provided that the following conditions are met:
13.5.1. The withdrawal request contains all the necessary information.
13.5.2. The request is for transferring funds to the Client's bank account or e-currency account. Payments to third-party or anonymous accounts will not be accepted under any circumstances.
13.5.3. The Client's Free Margin is equal to or exceeds the amount specified in the withdrawal request, including all payment charges.
13.6. The Company will deduct any payment charges (if applicable) from the Client's Trading Account.
13.7. In compliance with the Company's AML Policy, the Client is required to use the same withdrawal methods that were used for depositing funds. If the Client deposits funds via multiple payment methods, they should withdraw funds using the same methods, with the proportion of withdrawal amounts being directly proportional to the deposited amounts.
13.8. In exceptional cases (such as Force Majeure events or payment system interruptions), the Company may decline the Client's funds withdrawal in certain payment systems. These cases will be considered individually.
13.9. To enhance the Client's financial security, the Company reserves the right to withdraw the Client's funds exclusively to their bank account in certain situations.
13.10. For security and compliance purposes, the Company may request the Client's complete identification data. Additionally, the Company reserves the right to refuse services to Clients who do not pass a control check by phone and are unable to answer basic questions about their Personal Area.
13.10.1. Upon the Company's request, the Client must provide advanced selfies and/or regular selfies with requested identification documents, such as a passport, other forms of ID, address proof, bank reference letter, and any other relevant documents as requested.
13.10.2. The Client has 14 (fourteen) calendar days to collect and send advanced selfies and/or regular selfies with the requested documents to the Company if such a request is made by the Company.
13.10.3. If the Client does not provide advanced selfies and/or regular selfies with the requested documents within the specified 14-day period, the Client's account will be permanently blocked, and the Client's personal funds, excluding profits, will be refunded.
13.10.4. No profits will be paid, and no losses will be reimbursed for such accounts.
13.10.5. For the purposes of this clause, an "advanced selfie" refers to a selfie taken with the requested document and a sheet of paper containing the current date and the word "S D STAR FX LTD."
14.1. The Client is responsible for paying the commissions, charges, and other costs specified in the Agreement. The Company will display the current commissions, charges, and other costs on its Website.
14.2. The Company may modify commissions, charges, and other costs without prior notice. All changes to commissions, charges, and other costs will be updated on the Company Website.
14.3. The Client is obligated to cover all stamp expenses related to this Agreement and any required documentation.
14.4. The Client is solely responsible for filing tax returns and reports related to any Transactions to relevant authorities, both governmental and otherwise. Additionally, the Client is responsible for paying all applicable taxes, including transfer or value-added taxes, associated with any Transactions.
14.5. The Company is not obliged to disclose reports regarding profits, commissions, and other fees received by the Company from the Client's trading, unless stated otherwise in the Agreement.
14.6. By opening an account, the Client unconditionally accepts all fees applicable to their account in accordance with the trading conditions outlined on the Company Website.
15.1. The Company may employ various methods to communicate with the Client, including:
15.1.1. Client Terminal internal mail
15.1.2. Email
15.1.3. Telephone
15.1.4. Company’s Live Chat
15.1.5. SMS
15.1.6. Mobile push notifications
15.1.7. Web push notifications
15.1.8. Instant messenger services (Viber, Telegram, Facebook Messenger, etc.).
15.2. The Company will use the contact details provided by the Client during the opening of the Trading Account, and the Client agrees to receive notices or messages from the Company at any time.
15.3. Any information sent to the Client (documents, notices, confirmations, statements, etc.) will be considered received as follows:
15.3.1. Within one hour after an email has been sent if the information has been sent via email.
15.3.2. Immediately after sending if sent through the Trading Platform's internal mail.
15.3.3. Once the telephone conversation has concluded if contacted by phone.
15.3.4. Within one hour after it has been posted on the Company News Webpage if posted on the Company's Website.
15.4. On the first day of each month, the Company will send the Client a statement containing all Transactions from the previous month. This statement will be sent via email.
15.5. Any telephone conversations between the Client and the Company may be recorded. Instructions and requests received by phone will be binding as if received in writing. These recordings remain the property of the Company and will serve as conclusive evidence of the instructions, requests, or any other obligations arising. The Client also agrees that the Company may provide copies of transcripts of these recordings to any court, regulatory authority, or government entity.
16.1. If a situation arises in which the Client reasonably believes that the Company has, due to any action or inaction, breached one or more terms of the Agreement, the Client is entitled to submit a formal complaint.
16.2. To file a complaint, the Client is required to send an email to support@sdstarfx.com.
16.3. A valid complaint MUST include the following details:
16.3.1. The full name of the Client (or the company name if the Client is a legal entity).
16.3.2. The Client's login information on the Trading Platform, specifically, the Account number.
16.3.3. Specifics of when the conflict initially occurred, including the date and time within the Trading Platform's time.
16.3.4. The ticker of the order in question.
16.3.5. A description of the conflict situation, substantiated with reference to the Agreement.
16.4. A valid complaint MUST NOT include:
16.4.1. Emotional assessments of the conflict situation.
16.4.2. Offensive language.
16.4.3. Uncontrolled or inappropriate vocabulary.
16.5. The Company retains the right to reject a complaint in cases where:
16.5.1. Any of the provisions mentioned above are violated.
16.5.2. More than 30 (thirty) calendar days have elapsed since the conflict situation occurred.
16.6. The timeframe for resolving the claim is set at 10 (ten) working days from the date the claim is submitted. In exceptional circumstances, this timeframe may be extended.
17.1. The Server Log File represents the most trustworthy source of information in the event of a Dispute. It takes precedence over other forms of evidence, including the Client Terminal Log File, as the latter does not record every stage of the execution of the Client’s Instructions and Requests.
17.2. If the Server Log File has not documented the relevant information to which the Client refers, arguments based on this reference may not be considered.
18.1. The Company may exclusively resolve all Disputes using one or more of the following methods:
18.1.1. Crediting or debiting the Client’s Trading Account.
18.1.2. Reopening positions that were mistakenly closed.
18.1.3. Deleting positions or placed Orders made in error.
18.2. The Company reserves the discretion to select the method of Dispute resolution according to its own judgment.
18.3. Disputes not covered by the Agreement will be settled in line with established market practices and solely at the Company's discretion.
18.4. The Company shall not be held responsible if the Client receives lower profits than expected or incurs losses due to incomplete actions that the Client had intended to complete. Consequently, the Company will not, under any circumstances, provide compensation for 'lost profit.'
18.5. The Company shall not bear responsibility for the Client's indirect, consequential, or non-financial damages, such as emotional distress.
19.1. Should the Client have received prior notification via Trading Platform internal mail or other routine Server maintenance alerts, complaints concerning unexecuted Instructions or Requests made during such maintenance periods will not be entertained. The absence of notice to the Client shall not serve as a basis for lodging a complaint.
19.2. Complaints related to Order execution times are not eligible for consideration.
19.3. The Company will not accept Client complaints regarding the financial outcomes of orders executed using temporarily available Free Margin resulting from a profitable position (later canceled by the Company) or orders executed at off-market quotes (spikes) or for any other reason.
19.4. References by the Client to Quotes from other companies or information systems will not be factored into the resolution of Disputes.
19.5. The Client acknowledges that during the consideration of Disputes concerning a position, they will not have the ability to manage said position, and any complaints regarding this matter will not be entertained.
20.1. The Company may, at its discretion, declare the existence of a Force Majeure Event, in which case it will take appropriate measures to notify the Client promptly. A Force Majeure Event includes but is not limited to:
20.1.1. Any act, event, or incident (e.g., strike, riot, act of terrorism, war, natural disasters, accidents, fires, floods, storms, power supply interruptions, electronic or communication equipment failures, civil unrest, statutory changes, lockouts) that, in the reasonable opinion of the Company, hinders the Company from maintaining an orderly market in one or more of the Instruments.
20.1.2. The suspension, liquidation, or closure of any market or the cancellation or non-execution of any event to which the Company links its Quotes, or the imposition of limits or special terms on trading in such markets or events.
20.2. If the Company, in its reasonable opinion, determines that a Force Majeure Event exists (without affecting any other rights under the Agreement), it may, without prior written notice, take any of the following actions:
20.2.1. Increase margin requirements.
20.2.2. Close any or all Open Positions at prices deemed appropriate by the Company in good faith.
20.2.3. Suspend, freeze, or modify the application of any or all terms of the Agreement as far as the Force Majeure Event makes it impossible or impractical for the Company to comply with them.
20.2.4. Take or refrain from taking other actions the Company deems reasonably appropriate in light of the circumstances affecting the Company, the Client, and other Clients.
21.1. The Client shall refrain from engaging in actions that might facilitate irregular or unauthorized access or usage of the Trading Platform. The Client acknowledges and understands that the Company reserves the sole right to restrict or terminate their access to the Trading Platform if any such facilitation is suspected.
21.2. While using the Trading Platform, the Client shall not, through acts or omissions, compromise the integrity of the Platform or cause it to malfunction.
21.3. The Client is permitted to store, display, analyze, modify, reformat, and print information accessible via the Trading Platform. However, the Client is not allowed to publish, transmit, or reproduce this information, in whole or part, in any format to third parties without the Company's consent. The Client may not alter, obscure, or remove any copyright, trademark, or other notices provided on the Trading Platform.
21.4. The Client agrees to maintain the confidentiality of their Access data and not disclose it to any third party.
21.5. The Client commits to promptly notifying the Company if they are aware of or suspect that their Access Data have been or may have been disclosed to an unauthorized individual.
21.6. The Client agrees to cooperate with any investigations conducted by the Company regarding misuse or suspected misuse of their Access Data.
21.7. The Client accepts liability for all Orders executed while logged in under their Access Data, and any such Orders received by the Company shall be attributed to the Client.
21.8. The Client recognizes that the Company bears no responsibility if unauthorized third parties gain access to information, including logins, passwords, electronic currency account access, emails, electronic addresses, electronic communication, or personal data, when transmitted through the internet or other network communication channels, postal services, telephone, verbal or written correspondence, or any other means of communication.
21.9. The Client unconditionally assures that the source of the funds used for trading with the Company is legal, and the funds were not obtained through illegal activities, fraud, money laundering, or from other illicit sources. Failure to adhere to this rule will result in account termination and reporting to the authorities in all cases without exception. Under no circumstances will the Company, its IB, and/or subsidiaries be held accountable for any claims or complaints arising from such scenarios.
22.1. The Company retains the authority to suspend the Client's Trading Account at any time for a valid reason, with or without prior Written Notice to the Client.
22.2. When the balance of the Client's Trading Account reaches zero, the Company reserves the right to deactivate the account within 60 (sixty) days after the last trading or financial transaction, with or without Written Notice to the Client.
22.3. In the event that a situation arises that is not covered by the Agreement, the Company will address the matter in a manner consistent with good faith and fairness, taking actions as deemed appropriate in line with market practice.
22.4. Should a court of competent jurisdiction declare any term of the Agreement (or any part of it) unenforceable for any reason, that specific term will be considered severable to that extent and will not be part of the Agreement. However, the remainder of the Agreement will remain enforceable.
22.5. The Client may not assign, charge, or otherwise transfer their rights or obligations under the Agreement without the prior written consent of the Company. Any attempted assignment, charge, or transfer in violation of this provision will be considered void.
22.6. The Client has the right to request a change in the Introducing Broker (IB) they are assigned to, to subscribe or unsubscribe from an IB. This request can be made through the Company's Customer Support or by sending a written request to ib@sdstarfx.com. However, the decision to approve such requests lies solely with the Company.
22.7. The Company holds the authority to unsubscribe a Client from an IB at its sole discretion at any time, without prior notice.
22.8. In the case of a Client comprising two or more persons, the responsibilities and obligations under any agreement with the Company will be joint and several. Any warning or notice provided to one of the individuals constituting the Client will be deemed as given to all such individuals. Any Order issued by one of the individuals forming the Client will be considered as issued by all individuals within the Client group.
22.9. The Client acknowledges and comprehends that the official language of the Company is English. The Client is responsible for consistently reading and referring to the English version of the Company's Website and this Customer Agreement for all information and disclosures pertaining to the Company and its operations. Any translations or information available in languages other than English on the Company's local websites are for informative purposes only and do not bind the Company or have any legal effect. The Company shall not be held accountable for the accuracy of such information.
22.10. The Client affirms that they have thoroughly reviewed and agree to be bound by the Company's Privacy Policy, Risk Disclosure, Return Policy, AML Policy, and any other documents that the Company may publish.
The Client acknowledges and comprehends that English is the official language of the Company. The Client is expected to consistently consult the English version of the Company's Website and the terms and conditions to access all relevant information and disclosures about the Company and its operations. Any translations or information offered in languages other than English on the Company's local websites are for informational purposes exclusively and do not establish any binding obligations on the Company or have any legal implications. The Company bears no responsibility or liability concerning the accuracy of such information.