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.
