Terms and Conditions

GENERAL TERMS AND CONDITIONS


These Terms and Conditions apply to the business relationship between Basel Financial Inc. and the Client, unless special stipulations or agreements were made. Relations between Basel Financial Inc. and the Client

1. FOREIGN CURRENCY TRANSACTIONS


1.1 The Client authorizes Basel Financial Inc. to open one or more accounts in his/her name at Basel Financial Inc. (collectively referred to as “Account”) for Client’s transactions in over-the-counter contract for difference (“OTC CFD”) products.

1.2 By placing an order, the Client authorizes Basel Financial Inc. to carry out OTC CFD trades in its own name, but for the account of and at the risk of the Client and in accordance with his instructions, with banks, trustworthy institutions or other trustworthy participants that Basel Financial Inc. deems appropriate, unless otherwise instructed by Client in writing.

1.3 The Client acknowledges that all decisions with respect to a transaction are independently made by Client without taking any advice from Basel Financial Inc. Basel Financial Inc. is not acting as an advisor or serving as a fiduciary to Client and cannot be held responsible for any of the Client’s transactions.

2. RISK ACCEPTANCE


2.1 Client acknowledges, accepts and understands that OTC CFD transactions are highly speculative, as explained in the Basel Financial Inc. Risk Disclosure Statement. He acknowledges, accepts and understands that they may pose very significant risks, including but not limited to legal and financial risks to the extent of causing unlimited losses, without any guarantee of retaining the capital invested or generating any profits. Client acknowledges, accepts and understands that OTC CFD transactions are suitable only for individuals who are able to cope with the associated risks, who are able to bear financial losses in excess to their deposits, and who have the financial comfort to suffer substantial losses without an impact on their living standard.

2.2 The Risk Disclosure Statement of Basel Financial Inc. is an integral document which explains in detail the risks involved in OTC CFD transactions.

3.TERMINATION


3.1 The Client or Basel Financial Inc. may terminate the Customer Agreement with immediate effect by giving notice to the other party at any time.

3.2 Termination shall not affect any accrued rights or obligations. Upon termination, Basel Financial Inc. shall undertake to complete all open contracts in accordance with the Customer Agreement, terms and conditions and trading policies. 3.3 Upon Termination, Basel Financial Inc. is entitled to deduct all amounts owed by the Client before transferring the remaining balance to the Client.

4. INACTIVE ACCOUNTS


4.1 Client acknowledges that if Client does not place a trade during a twelve (12) month period, and if during such period no OTC CFD positions are held in Client’s Account, the Account may be automatically removed from Basel Financial Inc. system.

4.2 Client will thereafter be required to re-establish an Account prior to placing any further trades, and Basel Financial Inc. may require additional documentation from Client to reactivate such Account.

 Communication between Basel Financial Inc. and the Client

5. CLIENT’S INSTRUCTIONS


5.1 Unless expressly provided otherwise herein, Client places his instructions electronically or in writing by using proper identification.

5.2 Basel Financial Inc. may regard as proper identification the correct password on the Basel Financial Inc. trading platform for electronic, Client’s signature for written, and the phone pin code for oral instructions. Basel Financial Inc. is not required to make a more extensive examination of the identification offered by the Client.

5.3 Where the Client communicates with Basel Financial Inc. via email or places orders electronically, he acknowledges, accepts and understands that the transmission of data via the Internet, which is an unencrypted and unprotected open network, is accessible by the public, bears various risks including but not limited to the risk of unauthorized access to data or Accounts by third parties, or risk of time delays in transmission, delivery or execution of the Client’s orders due to malfunctions of communications facilities or systems or other causes beyond Basel Financial Inc. reasonable control.

5.4 All risks involved in electronic communication and/or trade will be born solely by the Client. Basel Financial Inc. assumes no responsibility or liability for losses or damages of any kind resulting from or in connection with the transmission of data via the Internet.

5.5 Basel Financial Inc. is not responsible or liable for not noticing falsifications or lack of legitimating.

6. ORDERS


6.1 Any trading instruction sent by the Client via the Basel Financial Inc. trading platform is considered as irrevocable request, and will be regarded as an order upon electronic confirmation by the dealing desk.

 6.2 The Client orders placed by telephone will be executed after the Basel Financial Inc. representative states “agreed” or “done” orally.

7. NOTICES


7.1 Any notices required to be given by the Client in writing shall be sent by mail to Basel Financial Inc. to the address indicated on the Basel Financial Inc. website.

8. ACCESS TO TRADING PLATFORMS AND AUTOMATED SYSTEMS


8.1 Basel Financial Inc. maintains a trading platform, an Automated System, and service bureaus. The Automated System serves execution of the Client’s instructions and Account administration, including but not limited to automated order entry, order routing and/or execution systems, record keeping, reporting and Account reconciliation systems, risk management.

8.2 In order to access the Basel Financial Inc. trading platform and Automated System, the Client receives a password.

8.3 The Client acknowledges, represents and warrants that he will guard the password and accept full responsibility for the use of the password as well as any transactions occurring in an account that was opened, held or accessed by use of the password.

9. BASEL FINANCIAL INC. COMMUNICATION


9.1 Any communications from Basel Financial Inc. shall be deemed to be validly delivered to the Client if sent to the latest address indicated to Basel Financial Inc. for this purpose by the Client, whether by postal service, email, telegraph messenger, system mailbox or other systems of transmission or means of transportation.

9.2 Basel Financial Inc. Customer Agreement, Terms and Conditions and trading Rules are deemed delivered and notified to client by being published on Basel Financial Inc. website.

9.3 Basel Financial Inc. accepts no responsibility resulting from its mailing to the Client’s latest address.

9.4 Any risks or damage resulting from the use of any systems of transmission or means of transportation, particular by reason of loss, delay, misunderstanding, mistakes, distortions or duplications, shall be borne by the Client.

10. RECORDING OF TELEPHONE CONVERSATIONS


The Client acknowledges that Basel Financial Inc. may record any telephone conversation with Basel Financial Inc.. Basel Financial Inc. has no obligation to retain such recordings. Client’s Obligations

11. NOTIFICATION OF RELEVANT CHANGES IN CLIENT’S DATA


11.1 The Client assumes the obligation to inform Basel Financial Inc. in writing of all relevant changes with respect to the Account, including but not limited to changes of his contact data, or identity of the beneficial owner.

11.2 Upon Basel Financial Inc.’s request, the Client shall disclose the economic background of the business or other relevant information.

12. APPROVAL OF BASEL FINANCIAL INC. NOTICES AND STATEMENTS


12.1 Any objection to an order confirmation report or statement of account must be made immediately upon receipt and, in addition, confirmed in writing by email or mail, reaching Basel Financial Inc. not later than two (2) days from the date on which the order confirmation or statement of account has been delivered to the Client.

12.2 Written objections shall be addressed to: Basel Financial Inc., Mauritius, or the most recent address indicated on Basel Financial Inc. website, and shall be deemed received only if actually delivered or mailed by registered mail, return receipt requested.

12.3 Client shall notify immediately if he does not receive the regular communications from Basel Financial Inc., such as order confirmations or statement of accounts, or other communications or mail from Basel Financial Inc. which the Client would have had to expect within the usual time period, the latest within ten (10) days after the date, that such communication or statement should have been received.

12.4 In the absence of timely objection or dispute, the order confirmation, statement of accounts and content of any notice and communication will be considered as acknowledged and approved by the Client.

13. ACCOUNTS MANAGED BY THIRD PARTY ADVISORS AND INTRODUCED ACCOUNTS


13.1 The Client discloses to the Compliance Officer of Basel Financial Inc. the identity of any person authorized to give OTC CFD trade related instructions to Basel Financial Inc. on behalf of the Client (“Trading Agent”) by signing Basel Financial Inc. Power of Attorney form.

13.2 The Client may revoke the authorization of a Trading Agent in writing by registered mail with return receipt at any time. Basel Financial Inc. accepts no liability for any loss or damage, direct or indirect, resulting from the Client's failure to duly notify Basel Financial Inc. of such revocation.

13.3 Any risks, losses or damages resulting from the representation of the Client by the Trading Agent shall be borne solely by the Client, including but not limited to the Client’s choice of trading agent or any transactions of the Trading Agent. The Client acknowledges and understands that Basel Financial Inc. does not recommend, warrant or represent any Trading Agent. Basel Financial Inc. will hold the Client liable for any damage, loss, costs or expenses (including attorney fees) caused by the Client’s representative and/or Introduction Broker, arising to Basel Financial Inc., its members, affiliates, employees, agents, successors and assigns.

13.4 The Client acknowledges that paragraph 13.3 also applies if he is introduced to Basel Financial Inc. by an introducing third party (Introducing Broker).

13.5 The Client accepts that if he is introduced to Basel Financial Inc. by an Introducing Broker, any relevant information of the Client to execute transactions will be disclosed to the respective broker by Basel Financial Inc.. Transactions with House Capital Inc,

14. DEPOSIT OF CLIENT’S FUNDS IN FOREIGN BANKS


Basel Financial Inc. is entitled to hold the Client’s funds in regulated offshore accounts denominated in a foreign currency with depositories located outside of Mauritius if

    (i) the Client is domiciled in a foreign country; or
    (ii) any funds are held in connection with positions quoted and settled in a foreign currency.

15. PRICE INFORMATION AND QUOTATIONS


15.1 Basel Financial Inc. provides price quotations to the Client through the Basel Financial Inc. internet platform or its trading desk by telephone upon Client’s request to buy or sell OTC CFD products. Each price quotation is for a specific transaction with a specified value date and a specified product involved.

15.2 Basel Financial Inc. reserves the right to quote prices differing from prevailing bid and ask market prices. The prices quoted by Basel Financial Inc. may be increased in favor of third parties, including but not limited to introducing agents or advisors.

15.3 Price quotations are understood net, excluding fees, commissions and other charges.

15.4 The Client acknowledges that any information communicated to Client by Basel Financial Inc. or by any person within the company is not to be understood as an offer to sell or as solicitation to enter into any OTC CFD transaction. Basel Financial Inc. does not accept any responsibility or liability for the correctness or completeness of information provided by Basel Financial Inc.

15.5 The Client acknowledges that any market information provided by Basel Financial Inc. may concern OTC CFD product, which Basel Financial Inc. and/or any of its officers, directors, affiliates, associates, members or representatives has itself a position or a trading interest. Basel Financial Inc. is not obliged to disclose to the Client its own commercial interests.

15.6 Client acknowledges that Basel Financial Inc. makes no representations concerning tax implications or treatment of transactions.

16. MISTAKE IN THE EXECUTION OF ORDERS AND QUOTING ERRORS


16.1 If the Client suffers any loss through the non-application or incorrect application of an order or transfer, Basel Financial Inc. will not be liable.

16.2 In case of a quoting error, whether written or oral, Basel Financial Inc. accepts no liability and reserves the right to make the necessary corrections or adjustments based on the fair market value determined by Basel Financial Inc., in its sole discretion, of the relevant product at the time such an error occurred.

17. TRADING LIMITATIONS


17.1 At its discretion and without reason, Basel Financial Inc. may refuse to accept and execute any of the Client’s instructions relating to OTC CFD trades.

17.2 Basel Financial Inc. reserves the right to limit the number or types of positions (e.g. take profit, stop loss, buy and sell limit orders shall be good till Friday) in the Client’s Account and to close out any positions exceeding such limit. The Client accepts and undertakes not to exceed such limits.

17.3 Any orders still pending by the time the market closes on Fridays will automatically be cancelled then.

18. FOREIGN CURRENCY TRANSACTIONS AND CURRENCY FLUCTUATION RISK


18.1 If the Client requests a transaction to be effected in any market where transactions are usually settled in a foreign currency, the Client is fully liable and bears all risks of currency fluctuation of respective currency and the United States dollar. All initial and subsequent margin deposits required by the Basel Financial Inc. policies or requested by Basel Financial Inc. shall be in United States dollars or in the currency specified by Basel Financial Inc.

18.2 Basel Financial Inc. is authorized to convert any funds in foreign currency in the Client’s Account into and from such foreign currency at the exchange rate that Basel Financial Inc. receives from the banks and financial institutions that Basel Financial Inc. uses as business partner.

19. EXCLUSION OF LIABILITY BY BASEL FINANCIAL INC.


19.1 Any risks, losses or liabilities resulting from OTC CFD transactions on the Client’s Account, including but not limited to fluctuations in the market prices, shall be solely born by the Client.

19.2 Apart from OTC CFD transactions and except in cases of intent and gross negligence on its part, Basel Financial Inc. accepts no liability arising from the business relationship with the Client, including but not limited to the operation, use or maintenance of the Automated System, the selection, instruction or supervision of employees, agents or sub-agents, quoting errors

20. OUTSOURCING BUSINESS AND USING AGENTS


Basel Financial Inc. reserves the right to delegate the provision of certain services in its core business.

21. COMMISSIONS, FEES, OTHER CHARGES


21.1 Basel Financial Inc. services are remunerated according to its tariff published from time to time. Basel Financial Inc. retains the right to amend this tariff at any time without prior notice.

21.2 Client shall pay commission, fees and other charges arising from transactions with or through Basel Financial Inc., including but without limitation to brokerage fees mark-ups and markdowns, statement charges, idle account charges, order cancellation charges, account transfer charges, adjustment charges or other charges, interbanking fees, bank fees.

21.3 The Client agrees to pay a transfer fee to Basel Financial Inc. in the event the Client instructs Basel Financial Inc. to transfer open positions, money and/or property of the Client’s account to another institution.

21.4 The Client accepts that any amounts overdue shall bear a default interest at a rate equal to fifteen (15) percentage points per annum which will be debited to the Account.

21.5 Basel Financial Inc. has all rights to amend, change, delete, add, and modify spreads, fees, daily commissions, Swap rates, leverage, margin requirements, liquidation level (stop out level) for any offer/ accounts/ positions, at any time.

Miscellaneous

22. LANGUAGE


This Customer Agreement may be translated into other languages but, in the event of any inconsistency or ambiguity as to the meaning of any word or phrase in any such translation, the English text shall prevail.

23. SATURDAYS AND LEGAL HOLIDAYS


All days of the week are considered to be business days except the financial market holidays, Saturday and Sunday. Amendments to this Customer Agreement Conditions 23.1 Basel Financial Inc. retains the right to amend its Customer Agreement Conditions and the terms and conditions and trading rules at any time without prior notice.

23.2 Amended Conditions are published on the website.










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