Customer Agreement.
This Customer Agreement („Agreement”) between Billion Bean LTD, a company registered under the laws of Saint Licia, with it’s registered office at Ground Floor, The Sotheby, Rodney Bay, Gros-Islet, Saint Lucia LC01 401, Castries, Saint Lucia, hereinafter referred to as the „Platform Provider,” and the individual or entity agreeing to these terms, hereinafter referred to as the „Customer.”
1. Definitions
1.1 CFD: Contract for Difference, a financial derivative allowing the Customer to speculate on the price movements of underlying assets.
1.2 Margin: The initial deposit required to open a CFD position.
1.3 ESMA: European Securities and Markets Authority, the regulatory body overseeing financial markets in the European Union.
1.4 GDPR: General Data Protection Regulation, the European regulation on data protection and privacy.
1.5 Market Abuse Regulation (MAR): Regulation (EU) No 596/2014 on market abuse, addressing insider dealing, market manipulation, and unlawful disclosure of inside information.
2. Services Provided
2.1 The Platform Provider offers an online trading platform that enables the Customer to engage in CFD trading on various financial instruments, subject to the terms and conditions outlined in this Agreement.
2.2 The Customer acknowledges and agrees that the Platform Provider may provide additional services, features, or tools at its discretion, and such additions will be subject to the terms of this Agreement.
2.3 The Platform Provider commits to providing clear and accessible information about available financial instruments, trading conditions, and associated risks.
2.4 The Platform Provider will provide ongoing customer support, and the Customer can contact the support team through email and phone number specified in contact section.
2.5 The Platform Provider will maintain the necessary technological infrastructure to ensure the stability and reliability of the trading platform.
2.6 The Platform Provider may periodically conduct maintenance on the trading platform, and the Customer will be notified in advance of any scheduled downtimes.
2.7 The Platform Provider will provide regular updates to the trading platform, incorporating enhancements, bug fixes, and new features as necessary.
2.8 The Platform Provider will comply with Market Abuse Regulation (MAR) by implementing surveillance mechanisms to detect and prevent market abuse activities on the platform.
2.9 The Platform Provider will conduct periodic reviews of its systems to ensure compliance with regulatory requirements, and any necessary updates will be communicated to the Customer.
3. Account Opening and Verification
3.1 The Customer agrees to provide accurate and complete information during the account registration process.
3.2 The Platform Provider may, at its sole discretion, request additional documentation for account verification purposes, ensuring compliance with ESMA regulations and other applicable laws.
3.3 The Customer understands that account verification is a regulatory requirement, and failure to provide necessary documentation may result in limitations on account functionality.
3.4 The Platform Provider will make reasonable efforts to process account verification in a timely manner and will communicate any issues to the Customer.
3.5 The Customer will be provided with a secure login and password to access the trading platform, and the Customer is responsible for maintaining the confidentiality of these credentials.
3.6 The Platform Provider will implement security measures to protect the Customer’s account, including encryption, two-factor authentication, and periodic security reviews.
3.7 In the event of any unauthorized access or suspicious activities, the Platform Provider will take prompt action to secure the account and notify the Customer.
3.8 The Customer may update their account information through the trading platform, and the Platform Provider will guide the Customer on the procedures for doing so.
3.9 The Platform Provider will conduct periodic reviews of its client onboarding procedures to ensure alignment with regulatory requirements.
4. CFD Trading
4.1 The Customer agrees to abide by the trading rules and policies established by the Platform Provider, including margin requirements and position limits, as mandated by ESMA.
4.2 The Platform Provider may offer leverage, and the Customer acknowledges the risks associated with trading on margin, as per ESMA guidelines.
4.3 The Customer understands that trading in CFDs involves the possibility of rapid and significant losses, and that past performance is not indicative of future results.
4.4 The Platform Provider provides risk management tools, and the Customer is encouraged to utilize them to manage and mitigate risks.
4.5 The Platform Provider may, at its discretion, offer demo accounts to allow the Customer to practice trading strategies without risking real funds.
4.6 The Customer may receive notifications or alerts related to their trading activities, such as margin calls or order confirmations, through the communication channels specified during account registration.
4.7 The Platform Provider will conduct periodic reviews of its pricing and execution policies to ensure fairness and compliance with regulatory standards.
4.8 The Platform Provider will provide the Customer with access to historical trading data and statements for their record-keeping and analysis.
5. Fees and Charges
5.1 The Customer agrees to pay all applicable fees, spreads, and charges associated with CFD trading.
5.2 The Platform Provider is committed to providing transparent information on fees and charges, and any changes will be communicated to the Customer in advance.
5.3 The Customer may inquire about their account balance and transaction history through the trading platform, and the Platform Provider will guide the Customer on accessing this information.
5.4 The Platform Provider will facilitate the withdrawal of funds by the Customer, subject to the terms and conditions outlined in this Agreement.
5.5 The Customer is responsible for any fees incurred during the deposit or withdrawal of funds, including those imposed by third-party payment processors.
5.6 The Platform Provider will conduct periodic reviews of its fee structures to ensure competitiveness and compliance with industry standards.
6. Risk Disclosure
6.1 The Customer acknowledges that trading CFDs involves a high level of risk, including the risk of losing the entire investment, as outlined in the Risk Disclosure Statement provided by the Platform Provider, in compliance with ESMA requirements.
6.2 The Customer is encouraged to seek independent financial advice before engaging in CFD trading and to ensure a clear understanding of the associated risks.
6.3 The Platform Provider may provide educational resources, webinars, and training sessions to enhance the Customer’s understanding of CFD trading.
6.4 The Customer may set risk parameters on their account, such as stop-loss orders, to automatically manage and limit potential losses.
6.5 The Platform Provider will offer risk management tools, such as negative balance protection, to limit the Customer’s losses to their available funds.
7. Termination and Account Closure
7.1 Either party may terminate this Agreement by providing written notice.
7.2 The Platform Provider reserves the right to suspend or terminate the Customer’s account for violation of terms, suspicious activities, or non-compliance with ESMA regulations.
7.3 In the event of termination, the Customer is responsible for settling any outstanding obligations, and the Platform Provider will return any remaining funds to the Customer, minus applicable fees.
7.4 The Platform Provider may, in compliance with ESMA requirements, close out the Customer’s positions in the event of insufficient margin or account balance.
7.5 The Platform Provider will provide the Customer with notice before terminating or suspending the account, unless immediate action is necessary for security or regulatory reasons.
7.6 The Customer may request account closure at any time, subject to the resolution of any open positions and the settlement of outstanding obligations.
7.7 Upon account closure, the Platform Provider will provide the Customer with a final account statement.
7.8 The Platform Provider will maintain an archive of the Customer’s transaction history for a specified period, as required by regulatory authorities.
8. Confidentiality
8.1 The Customer’s trading and account information shall be treated as confidential by the Platform Provider, in accordance with applicable data protection laws, including the General Data Protection Regulation.
8.2 The Platform Provider may disclose Customer information to regulatory authorities, as required by law, and will comply with GDPR requirements regarding the processing of personal data.
8.3 The Platform Provider will implement and maintain reasonable security measures to protect the confidentiality and integrity of Customer information.
8.4 The Platform Provider will not disclose Customer information to third parties for marketing purposes without the explicit consent of the Customer.
8.5 The Platform Provider will provide the Customer with the option to opt-in or opt-out of receiving marketing communications and newsletters.
8.6 The Platform Provider will conduct periodic reviews of its data protection policies to ensure compliance with GDPR and other relevant privacy regulations.
9. Governing Law and Jurisdiction
9.1 This Agreement shall be governed by and construed in accordance with the laws of Saint Lucia. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in Saint Lucia.
9.2 The Platform Provider commits to complying with GDPR requirements regarding the processing and protection of personal data.
9.3 Any legal notices or communications from the Platform Provider to the Customer will be sent to the email address provided during the account registration process.
9.4 The Platform Provider will cooperate with regulatory authorities in the investigation and resolution of any disputes, providing necessary information and documentation.
10. Amendments
10.1 The Platform Provider reserves the right to amend this Agreement, and any changes will be communicated to the Customer through email.
10.2 The Customer has the right to reject proposed amendments, but such rejection may result in the termination of this Agreement.
10.3 Amendments to the Agreement may be made to comply with changes in applicable laws, regulations, or market conditions.
10.4 The Platform Provider will make efforts to provide the Customer with reasonable notice before implementing any material changes to the Agreement.
10.5 The Customer is encouraged to regularly review the Agreement and related documents on the Platform Provider’s website for updates.
10.6 The Platform Provider may, at its discretion, offer incentives or benefits to Customers who accept and adopt new features, services, or terms introduced through amendments.
10.7 The Platform Provider will maintain an archive of previous versions of the Agreement for the Customer’s reference.
10.8 The Platform Provider will engage in transparent communication with the Customer regarding the reasons for amendments and their potential impact on the trading relationship.
10.9 The Platform Provider will seek feedback from Customers on proposed amendments and consider such feedback in the decision-making process.
10.10 The Platform Provider will comply with any applicable regulatory requirements related to the notification and implementation of amendments to customer agreements.