Company Finandy, provides under the terms of this public (hereinafter called the “Agreement”) proposal opening and a Spot/Margin/Futures trading Accounts for trading operations with Crypto currencies using trading instruments with physical supplies and without physical supplies to any capable individual or corporate entity (hereinafter called the Client) on and subject to the following terms and conditions:
In this Agreement the following terms shall bear the following meanings:
“Agreement” means this agreement between the parties including the appendices;
“Account” means spot, margin, futures accounts for trading operations with Crypto currencies using trading instruments with physical supplies and without physical supplies , opened for Client and maintained by Company in accordance with this Agreement;
“Trading Operations” means operations with Crypto currencies and Crypto currencies instruments
“Spot” means the transaction made at the Market/Limit Price with a subsequent supply/settlement immediately after the conclusion of the transaction;
“Futures” means contract, based on fluctuations of prices on Crypto currency instruments at a predetermined price at a specified time in the future.;
“Perpetual futures” contract is a special type of futures contract, but unlike the traditional form of futures, it doesn’t have an expiry date.
“Quarterly Futures” Contract is an agreement to buy or sell the underlying asset at a predetermined price at a specified time (delivery date) in the future.
“Margin contract” is a perpetual contract that takes advantage of the benefits of a futures contract, in particular the lack of actual supply, while simulating the behavior of the spot market to narrow the price gap between the futures price and the mark price.
“Crypto Currency Instruments” means any marketable digital assets, including non-fungible/ fungible tokens, coins, stablecoins, other digital assets, and derivatives.
“Instructions/Directions/Order” means any instruction given by Client to Company for the buying or selling of cryptocurrency;
“Margin” means the minimum consideration funds which should be kept on Client Account as a deposit in order to give Client the right to buy/sell digital assets for the purpose of holding an Open Position;
“Available Funds” means any funds in the Account which is not subject to any liens or actual liabilities, less the necessary Margin and gross floating loss calculated on the Client’s Open Position at the current price of Financial instruments;
“Open Positions/Orders” means aggregate risk disclosure, arising from buy or sell of crypto currencies in accordance with Client Instructions pending for subsequent counter-transaction to close/settle such market trades/disclosures or cancellation / execution for the spot market;
“Account History” means notice bearing all the information regarding Transactions, fees, positions, trades, and others including deposits to and withdrawals from, Client Account issued by Company.;
“Market Price” means quotation of the bid and ask prices for Сrypto currency instruments given to Company by Binance or generated using our own Crypto currency instruments at the current/given moment of time;
"Transaction" means the executed Instruction / Order;
“Principal” means the Exchange or other third party through which the Company may operate in order to obtain liquidity instruments for Crypto currency instruments and / or to execute the Client's Instructions;
“Official website” of the Company means the web address https://finandy.com
“Service” means the facilities, which enable Client to send/give Instructions given through Trading Terminal/Exchange to buy/sell digital assets, as well as to have an access to the market, analytical and other information by Trading Terminal/exchange;
“Trading Terminal/Exchange” means the information and trading platform that allows use of facilities to send/place Instructions/orders for Trading operations and is a means of receiving notices of Company for Client and other background information;
In this Agreement, words denoting the singular include the plural and vice versa and words denoting gender will include any other gender.
In case of controversies in interpretation of this Agreement terms the English version of this Agreement shall prevail.
2.1. Company is hereby requested and authorized by Client to act as broker or as an agent or as a principal to execute Client transactions on buying and/or selling of financial instruments on financial markets.
2.2. The Company provides Service. The company certainly executes Client Instruction/Direction, even despite the fact that such trading operations may be loss-making for the Client.
2.3. Client will take full obligation and responsibility for any sort of consequence what so ever that may result from the execution of Client and/or his Agent instructions.
3.1. Procedures and Terms of the Service provisioning by Company, as well as information about their changes are specified at the official Company web-sites.
3.2. Client understands and agrees with Procedures and Terms of the Service Provisioning applicable as of the moment of Agreement execution.
3.3. Procedures and Terms of the Service provisioning, as well as established procedures for Company interaction may be change. Hereby I agree that Company shall be deemed to notify me about changes according clause 18 of this Agreement.
4.1. Client hereby states and guarantees that all information Client supplies during Account verification according established procedures by the Company (as provided at the Company request) is complete, correct, true, up-to-date and accurate.
4.2. Company is entitled to rely on such information until it has received written notice from Client of any changes according established procedures for Company interaction.
4.3. Client undertakes to and will notify Company forthwith of any changes to such information previously provided no later than 3 days after the changes occurred.
4.4. Client states that in any jurisdiction he is capable and of legal age in that jurisdiction.
5.1. All Transactions made pursuant by this Agreement in any market shall be subject to the relevant provisions of the constitution, rules, regulations, by-laws, customs and usual practices of the relevant market clearing houses (if any), in which transactions are executed by Company/Brokers/Principals/Exchanges on Client behalf and Client instruction.
5.2. The Rules, which relate to trading operations and transaction closure shall be binding both on Client and Company in respect of Transactions executed on Client Instructions.
5.3. Client states that he has read the Regulations of the Company and agrees to its terms.
5.4. Client will observe and accept all rules, consideration requirements, timetables and trading facts for and related to Client Trading operations/investment as prescribed by Company.
6.1. Client acknowledges that the Company provides the Service and that it has no liability with respect to any advice regarding the suitability or profitability of any Transaction/Trading operation.
6.2. Client agrees that Client will not solicit or rely on any such advice from Company or any of its employees.
6.3. Client agrees that Client will independently and without any reliance on Company make Client own judgement and decisions with respect to each Transaction/Trading operation.
6.4. Client assumes full responsibility for Transactions/Trading operations in or for the Account and for Client investment decisions.
6.5. Client acknowledges and agree that Company and Brokers/Principals/Exchanges have no liability with respect to Transactions/Trading operations in or for the Client Account or for Client investment decisions.
7.1. Company is authorized to employ Brokers/Principals to perform all or part of its duties under this Agreement and to provide information regarding the Account to such Brokers/Principals.
7.2. Company may buy or sell crypto currency on Client behalf, in order to execute Client Instructions/Directions, by placing appropriate Orders/Instructions with any Broker/Principal, other company associated with it, which are acting as funds managers and with any other brokers and dealers at of Company sole discretion.
8.1. Client is informed about all established procedures for deposits to and withdrawals to/from the Account, and he is committed to act accurately and within these instructions in order to make deposits/to withdraw the funds to/from the Account.
8.2. The Client agrees that the Company is not responsible for the Client's financial losses that may be caused by the Client's failure to comply with the procedure for depositing / withdrawing funds to / from the Account.
8.3. When depositing funds to the Account, the Client receives a unique address for the deposit in the Personal Page on the official website of the Company Finandy.com
8.4. Client acknowledges that the Company does not accept fiat deposits.
8.5. The Client is aware that funds will not be available and the Client's Account balance will not increase until the transaction reaches the required number of blockchain confirmations and the Company actually receives funds in pure form and in volume to the provided blockchain address specified in the Personal Account on the official website of the Company. The balance of the Client's Account will increase by exactly the amount actually received at the unique address provided to the Client.
8.6. Client acknowledges that the funds withdrawal can be made only personally by the Client to blockchain address to be advised by Client.
8.7. An access funds withdrawal transaction shall be made with the use of personal identification information (login,password, 2fa code, email code). Client acknowledges that identification information is the subject of confidentiality, and Company shall not be responsible for Client unauthorized withdrawal from the Account in case of Client violation of confidentiality terms.
8.8. Fund withdrawal can be made on condition that the Available Funds on the Account shall be not less the amount indicated by Client for withdrawal.
8.9. The company shall be obliged at Client demand to send the funds to the blockchain address specified for this purpose.
8.10. Client is informed that Client will pay tx fees
8.11. Client is informed that Company does not pay fiat money.
8.12. The withdrawal of funds to the Client will be carried out within 24 hours, in case of technical failures / maintenance, freelance operations, the execution of funds may be increased by the Company.
8.13. Company has the right to limit or refuse the withdrawal of funds in case of incomplete personal data provided by Client, as well as in the Client’s failure to confirm Client identity. Company will not be responsible for and does not guarantee the receipt by Client of withdrawn funds, and will not be responsible for non-observance of the time frames for receipt of the withdrawn funds in case if the Client specifies third-party addresses wallets or incorrect/erroneous addresses.
8.14. The company has the right to refrain from withdrawing funds if there are reasonable doubts that the funds are related to funds laundering, criminal acquisition or terrorist financing.
No interest shall be changed by Company to the funds transferred to Company.
Client pays from the Account, fixed fees per each Transaction, if they are prescribed by Company, and all and any other costs or expenses, whether accidental or material, properly incurred by Company in connection with Client/Agent use of the Service and trading on the Account.
Client agree to pay/receive funding rate for Futures market payment/interest arising from Open Positions every next 8 hours, according to correspondent financial markets swap interest rates by Company, which shall be calculated and paid/received by Client.
Company is specifically authorised by Client to transfer such necessary amount from Client Account, without any call or notice by either party, to Broker/Principal/Exchange Company as consideration trading funds to cover trading loss resulting from/relating to Transactions/Trading operations executed by Company on Client behalf, in accordance with the Account history. Company is specifically authorised by Client to transfer consideration trading funds/trading profits resulting from any trading in Transactions/Trading operations executed by Company on Client behalf from Broker/Principal/Exchange Company to Client Account without any call or notice by either party, in accordance with the Account history.
Account confirmations will hold the complete accounting/transactions information in respect to Client Account, including Available funds, Actual/Floating profits/losses arising from open/closed positions/transactions, marked-to-market at the relevant market closing prices, as well as notices of deposits of funds to and withdrawals of funds to Client Account/from Client Account, fees, charges, commissions, swap payments/interest, and all other expenses/revenues resulted from/related to Transactions/Trading operations executed/carried out by Company on Client behalf.
In case of the deficit of Available funds/equity on Client Account that are necessary to maintain Open Positions, Company /Broker/Principal/Exchange may liquidate whole of or part of Open Positions on the Client Account at the given Market Price and at its sole discretion and without notice/written confirmation of the deal issued for Client. The record of such a deal must be stated in Account History.
Notices and other communications delivered to Client via personal Personal Page/Terminal or e-mail address and published at the Company official sites are deemed to have been personally delivered to Client.
16.1. The proposal to enter into this Agreement is a public offer (for an indefinite number of persons). Agreement shall enter into force as a result of the confirmation of unconditional consent of the Client with terms of the Agreement (Acceptance) https://finandy.com/en/register . Acceptance is the registration of Client Account and confirmation of agreement to the terms of the Agreement in accordance with established procedures of the Company.
16.2. This Agreement shall be regulated by the law of the country of Company registration.
16.3. Issues not settled by this Agreement shall be regulated by the law of the country of Company registration.
16.4. If any provision of this Agreement shall not be held to be illegal, invalid, void or unenforceable under the laws of any jurisdiction, the legality, validity and enforceability of the remainder of this Agreement in that jurisdiction shall not be affected. The legality, validity and enforceability of the whole of this Agreement shall not be affected in any other jurisdiction.
16.5. Company has a right at any time to amend or modify this Agreement, including any and all amendments, as well as to change the conditions of work and conduct by posting these amendments or the changes on the official website of the Company. Customer agrees that these amendments or changes shall take effect after their posting on the official website of the Company.
Any leniency or indulgence , or failure by Company to execute Client orders/withdrawals/deposits expeditiously or at all due to adverse financial markets conditions, shall not constitute a waiver by Company of any right hereunder.
Client agrees that this Agreement and all the terms hereof shall be binding on Client heirs, executors, administrators, personal representatives and assigns. This Agreement shall endure for the benefit of Company, its successors and assigns.
Client agrees that Company and its directors, officers, employees and Brokers/Principals/Exchanges will not be liable for any failure or delay to perform obligations on its part or for any losses caused directly or indirectly by any condition or circumstances over which Company, its directors, officers, employees and Brokers/Principals/Exchanges do not have direct control, including but not limited to government restrictions, exchange or market rulings, suspension of trading, failure of electronic or mechanical equipment or power supply systems, communication, telephone, and other problems with software (system or applied), both in the trading terminal and server, hackers’ attacks, theft, war (whether declared or not), severe weather, earthquakes and strikes.
Client agrees to indemnify and keep indemnified Company and its directors, officers, employees and Brokers/Principals/Exchanges for any loss, cost, claim, liability or expense arising out of or in connection with any breach by Client of any of Client obligations under this Agreement, including any cost reasonably incurred by Company.
21.1. Client declares that all and any corporate/personal taxes will be paid by Client/the company Client represents in due order according to laws and the constitution of the country of Client present residence.
21.2. Client acknowledges that Company does not provide to Client with any legal, tax or accounting advice.
21.3. Client hereby indemnifies Company of any responsibility for Client fulfilment/unfulfilment of any tax obligations Client can have in respect of Funds on Client Account or profits Client gained as result of market Transactions undertaken by Company for and on Client behalf.
22.1. In case of bankruptcy/insolvency of Company Client has a right to claim the Available funds/equity on Client Account, as it is stated in the Account history, from Company direct successor/associate.
22.2. In case of insolvency/bankruptcy of the Broker/Principal through which Company operates in order to execute Client Transactions, Client has a right to claim the Available funds/equity on Client Account, as it is stated in the Account History, directly from the governmental/nongovernmental securities and futures/financial markets, brokerage associations/commissions for audit/control, of relevant markets in accordance with international laws.
This Agreement, together with all other agreements between Client and Company relating to the Account and terms contained on statements and confirmations sent/given to Client, contains the entire understanding between Client and Company concerning the subject matter of this Agreement.
24.1. Company guarantees that all personal information received from Client, information about Client Account, information giving the right to access to Client Account, such as a login and a password to the Account, as well as other access and authorization codes that are required to deposit/withdraw funds from the Account, is strictly confidential, and shall not be disclosed to any third party without authorization.
24.2. Client understand that nobody can require from Client to disclose this information in full or in part. Client also understand that confidentiality violation from Client part can result in unauthorized by Client access to Client Account and consequently possible financial losses through conduct of transactions unauthorized by Client.
24.3. Client understand and agrees that Company will not be liable for Client financial losses that arose as a result of confidentiality violation, as well as for interaction between Client and Agent in the Account to which the Client provides the right to access.
25.1. This Agreement shall enter into force upon Client registration in accordance with the procedures established by Company.
25.2. This Agreement shall continue to be in full force and in effect, until receiving by Company of Client notice of its termination, or receiving by Client from Company of the notice of its termination according established by Company procedure . In both cases Client will confer to Company the right to liquidate the Open Positions/Orders on Client Account.
26.1. Client may sustain a loss of the initial funds and any additional funds that Client deposit to Company addresses to establish or maintain of Client Open Positions/Orders, If the market moves against of Client Open Positions Company shall have right to liquidate whole of or part of Client Open Positions/Orders on Client Account without notice, according to clause 17 of this Agreement.
26.2. Client acknowledges that in case of adverse market conditions (for example, the output of significant news, etc.) may be some difficulties with the execution of Сlient orders. In case of adverse market conditions, sending of requests, modify, deleting of positions/orders can be difficult. In this case also execution time of orders may increase.
26.3. Client acknowledges and understand that this Agreement is governed by the laws of the country of Company registration. It will not be subjected to the law of any other country or jurisdiction.
26.4. Client acknowledges that Risk Disclosure cannot, of course, disclose all the risks and other significant aspects of trading operations with Crypto currency instruments.
26.5. Client certifies that Client has read this Risk Disclosure and fully understands all information and warnings, given in this notification in a language that Client understands.
26.6. Client hereby confirms that this Agreement, Terms and Procedures for Services rendering, Risk Disclosure, as well as all procedures for interaction with Company have been explained to Client in comprehensible language, and that Client accept this Agreement.
The purpose of this risk Notification (hereinafter "Notification") is to disclose to a Client information about the risks connected with transactions in the financial cryptocurrency markets, and to warn the Client about possible financial losses connected with these risks. The list of risks in this Warning is not exhaustive due to the variety of possible situations arising in the performance of these Operations.
1. The Client represents and warrants that he (Client) has very carefully considered a part of the value of his property (Equity) as a Risk Capital. The Client acknowledges that risk Capital is the amount of funds that he (Client) wishes to place with risk, and the loss of this amount will not significantly affect his (the Client) welfare.
2. The Client acknowledges that the Risk of loss while trading in the crypto currency markets may be significant. The Client is aware that it is necessary to analyze carefully his financial capabilities in relation to trading operations.
3. When opening a trading account, the Client independently uses trading instruments (offered by the Company), in which the amounts of all trading and non-trading operations on the trading account will be nominated and calculated, including floating profits and losses, commission payments and payments, margin requirements. The client is aware of and takes into account all risks arising from changes to trading functions, and is fully responsible for their consequences.
4. The Client may lose all initial funds and any additional funds deposited to enhance or control the position in the market. In addition, due to market conditions, loss on positions may exceed the balance of funds available on the Client's trading account.
5. Placing restrictive orders, such as Virtual Stop Loss and Stop Market, may not always effectively limit the Client's losses to the extent of the available amount, as market conditions may make it impossible to execute such orders.
6. The high level of fluctuations in сrypto currency market rates, which is often observed in the trade with low margin requirements, can work both in favor of the Client and against him. The use of fluctuations can lead to both large losses and large profits. The Client is fully responsible for considering all risks when using financial resources and choosing the appropriate trading strategy.
7. When making trading operations by using Finandy.com, the Client assumes the risks of financial losses that may arise in the following cases:
Hardware and software failures, poor quality of connection;
Unexpected failures during the maintenance period
Improper work of Client`s equipment;
Incorrect settings of the Client`s terminal;
Ignorance by the Client of the instructions described in the “user manual for the Client`s terminal".
8. The Client confirms that the only reliable source of information about the flow of quotations is the main server serving receiving / transmitting quotes. Price bases on the Client's terminal cannot serve as a reliable source of information about the flow of quotations, as in the case of high market volatility or unstable connection between the Client`s terminal and the server, part of the quotes from the flow may not reach the Client`s terminal.
9. The Client acknowledges that closing the window of placing/modifying/deleting an order, as well as the window of opening/closing positions, does not cancel the order or request that has already been received for processing by the trading server of the company.
10. The Client is aware and agrees that upon the occurrence of liquidation of open positions occurs automatically, and the change in the liquidation level for the purpose of postponing the procedure of forced position closure is impossible.
11. The Company shall not be liable for losses caused directly or indirectly by any restrictions imposed by the government, crypto currency or market rules, suspension of trading in the financial markets, military operations or other conditions commonly referred to as force majeure and beyond the control of the Company.
12. The Client is obliged to keep passwords in secret and take all possible security measures including 2FA authentication and to make sure that third parties will not gain access to the Personal account, trading accounts and any other services of the Company. The Client will be bound to the Company for all trading and non-trading operations carried out by the Client's password, even if a third party used it.
13. The Client assumes the risk of financial losses caused by force majeure, which means any action or event, including but not limited to:
13.1. strikes, riots or civil disturbances, terrorist acts, wars, natural disasters, accidents, fires, floods, storms, hurricanes, power outages, failure in work of communications equipment, software or electronic equipment, which in the reasonable opinion of the Company has led to the destabilization of the market or markets of one or more Instruments;
13.2. suspension, liquidation or closure of any market or the absence of any event on which the Company bases its Quotes, or the imposition of restrictions or special or unusual terms of trade, as well as transactions in any market, or in respect of any such event.
14. The Company is not responsible for the terms of transactions, delay, failure or disconnection in the operation of the blockchain and (or) other systems, wallets, exchanges that are used by the Client and any problems caused by a third party. The Company does not compensate for any direct or indirect losses and moral damages for the consequences of such delays, failures and(or) outages.
15. The Client confirms that the Company is not responsible if the Client cannot log in to the Personal account for any reason including the loss of the 2FA key.
16. This brief risk disclosure statement does not exhaust all the risks connected with trading on financial markets.
17. This Notification is not intended to force the Client to refuse to perform Operations on the сrypto currency market, but is intended to help the Client to assess the risks connected with the performance of these Operations, and to approach responsibly the issue of choosing a strategy of activities in the framework of the execution of the contract concluded with the Company.