In the event of a conflict between EasyHawala and a Client, terms expressed in English and expressed in any other language, the terms expressed in English shall prevail over those expressed in any other language.

This client agreement, together with any Schedule(s), and accompanying documents, as amended from time to time, (this “Agreement”) sets out the terms of the contract between you and us. Please read it carefully and let us know as soon as possible if there is anything which you do not understand

 

1. INTERPRETATION

In this Agreement:

 

1. “Account” means the account you hold with us and designated with a particular account number.
2. “Applicable Regulations” means: Rules of a relevant regulatory authority; and All other applicable laws, rules and regulations as in force from time to time.
3. “Associate” means an undertaking in the same group as us, a representative whom we or an undertaking in the same group as us appoint, or any other person with whom we have a relationship that might reasonably be expected to give rise to a community of interest between us and them.
4. “Business Day” means a day which is not a Saturday or a Sunday and upon which banks are open for business.
5. “Client Money Rules” means the rules specified in the applicable regulation and other related matters issued pursuant to this paragraph.
6. “Credit Support Provider” means any person who has entered into any guarantee, hypothecation, agreement, margin or security agreement in our favor in respect of your obligations under this Agreement.
7. “Electronic Services” means a service provided by us, for example an Internet service offering clients access to information and facilities, via an internet service, a WAP service and/or an electronic order routing system.
1. “Event of Default” means any of the events of default as listed in Clause 14 (Events of Default).
10. “Execution” means the completion of clients’ orders on EasyHawala platform.
50. “EasyHawala” means the desk operated by us at our premises.
1000. “EasyHawala” Online System” means the internet-based system available at our website that allows you to provide us with instructions.
1001. “System” means all computer hardware and software, equipment, network facilities and other resources and facilities needed to enable you to use an Electronic Service.

 

2. INTRODUCTION

 

1. Scope of this Agreement

This Agreement sets out the basis on which we will provide services to you. This Agreement governs each Transaction entered into or outstanding between us on or after the execution of this Agreement.

 

2. Commencement

This Agreement supersedes any previous agreement between you and us on the same subject matter and takes effect when you indicate your acceptance via our website. This Agreement shall apply to all Transactions contemplated under this Agreement.

 

3. GENERAL

 

2. Language

This Agreement is supplied to you in English and we will continue to communicate with you in English for the duration of this Agreement. However, where possible, we will communicate with you in other languages in addition to English.

 

3. Communication with us

You may communicate with us in writing , by email or other electronic means, or orally (including by telephone). The language of communication shall be English, and you will receive documents and other information from us in English. However, where appropriate and for your convenience, we will endeavor to communicate with you in other languages. Our website (https://www.easyhawala.com) contains further details about us and our services, and other information relevant to this Agreement. In the event of any conflict between the terms of this Agreement and our website this Agreement will prevail.

 

4. Categorization

We shall treat you as a retail client for the purposes of the Rules and the Applicable Regulations. You have the right to request a different client categorization. However, if you do request such different categorization and we agree to such categorization, the protection afforded by certain Rules and the other Applicable Regulations may be reduced. This may include, but is not limited to:

• the requirement for us to act in accordance with your best interests;
• our obligation to provide appropriate information to you before providing the services;
• the restriction on the payment or receipt by us of any inducements;
• our obligation to achieve best execution in respect of your orders;
• the requirement to implement procedures and arrangements which provide for the prompt, fair and expeditious execution of your orders;
• our obligation to ensure that all information we provide to you is fair, clear and not misleading; and
• the requirement that you receive from us adequate reports on the services provided to you.

 

5. Legal Age

The Company’s services and products traded are only available to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. The Company reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. The Company may, in its sole discretion, refuse to offer its products and services to any person or entity and change its eligibility criteria at any time.

 

 

6. General interpretation

A reference in this Agreement to a “clause” or “Schedule” shall be construed as a reference to, respectively, a clause or Schedule of this Agreement, unless the context requires otherwise. References in this Agreement to any statute or statutory instrument or Applicable Regulations include any modification, amendment, extension or re-enactment thereof. A reference in this Agreement to “document” shall be construed to include any electronic document. The masculine includes the feminine and the neuter and the singular includes the plural and vice versa as the context admits or requires. Words and phrases defined in the Rules and the Applicable Regulations have the same meaning in this Agreement unless expressly defined in this Agreement.

 

7. Schedules

The clauses contained in the attached Schedule (as amended from time to time) shall apply. We may from time to time send to you further Schedules in respect of Transactions. In the event of any conflict between the clauses of any Schedule and this Agreement, the clauses of the Schedule shall prevail. The fact that a clause is specifically included in a Schedule in respect of one Transaction shall not preclude a similar clause being expressed or implied in relation to any other Transaction. You acknowledge having read, understood and agreed to the Schedules to this Agreement.

 

8. Headings

Headings are for ease of reference only and do not form part of this Agreement.

 

4. REGULATION

1. Subject to Applicable Regulations

This Agreement and all Transactions are subject to Applicable Regulations so that:

• nothing in this Agreement shall exclude or restrict any obligation which we have to you under Applicable Regulations;
• we may take or omit to take any action we consider necessary to ensure compliance with any Applicable Regulations;
• all Applicable Regulations and whatever we do or fail to do in order to comply with them will be binding on you; and
• such actions that we take or fail to take for the purpose of compliance with any Applicable Regulations shall not render us or any of our directors, officers, employees or agents liable.

 

2. Action by regulatory body

If a regulatory body takes any action which affects a Transaction, then we may take any action which we, in our reasonable discretion, consider desirable to correspond with such action or to mitigate any loss incurred as a result of such action. Any such action shall be binding on you. If a regulatory body makes an enquiry in respect of any of your Transactions, you agree to co-operate with us and to promptly supply information requested in connection with the enquiry.

 

5. COSTS, PAYMENTS AND CHARGES

1. Charges

You shall pay our charges as agreed with you from time to time, any fees or other charges imposed by a clearing organization and interest on any amount due to us at the rates then charged by us (and which are available on request). A copy of our current charges is published on our website. Any alteration to charges will be notified to you before the time of the change.

2. Additional costs.

You should be aware of the possibility that other taxes or costs may exist that are not paid through or imposed by us.

3. Payments

All payments to us under this Agreement shall be made in such currency as we may from time to time specify to the bank account designated by us for such purposes. All such payments shall be made by you without any deduction or withholding.

A fix commission applies for the symbols quoted with a variable spread, according with the Specifications table. This commission is fixed per contract, per leg (one way). The company reserves the right to modify the commission and is not liable for any losses incurred by Clients when the commission changes. When instruments with variable spreads and commission please carefully periodically check the Specifications table. The Company is not to be kept liable for any change of the variable spread or of the commission.

 

6. RIGHT TO CANCEL

You have a right to cancel this Agreement for a period of fourteen (14) days commencing on the date on which this Agreement is concluded or the date on which you receive this Agreement (whichever is later) (the “Cancellation Period”). Should you wish to cancel this Agreement within the Cancellation Period, you should send notice in writing or electronically to the addresses found in contact us section of our website. Cancelling this Agreement within the Cancellation Period will not cancel any Transaction entered into by you during the Cancellation Period. If you fail to cancel this Agreement within the Cancellation Period you will be bound by its terms but you may terminate this Agreement (Termination without Default).

 

7. NON-ADVISED

1. Execution only

We deal on an execution only basis and do not advise on the merits of particular Transactions, or their taxation consequences.

2. Own judgement and suitability

Without prejudice to our foregoing obligations, in asking us to enter into any Transaction, you represent that you have been solely responsible for making your own independent appraisal and investigations into the risks of the Transaction. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any Transaction and that you have read and accepted the Risk Disclosure Statement and guidelines in relation to the financial instruments and the markets which are available in our websites. We give you no warranty as to the suitability of the products traded under this Agreement and assume no fiduciary duty in our relations with you.

3. Incidental information

Where we do provide generic recommendations, market commentary or other information:

• this is incidental to your dealing relationship with us. It is provided solely to enable you to make your own investment decisions and does not amount to advice;
• where information is in the form of a document containing a restriction on the person or category of persons for whom that document is intended or to whom it is distributed, you agree that you will not pass it on to any such person or category of persons;
• we give no representation, warranty or guarantee as to the accuracy or completeness of such information or as to the tax consequences of any Transaction;
• you accept that prior to despatch, we may have acted upon it ourselves or made use of the information on which it is based. We do not make representations as to the time of receipt by you and cannot guarantee that you will receive such information at the same time as other clients. Any published research reports or recommendations may appear in one or more screen information service.

 

8. CLIENT ACCOUNTS AND INITIAL DEPOSITS

1. Documents

Before you can place an order with the Company, you must read and accept this Agreement, including the risk disclosure statement, the policies and procedures and all applicable addenda, you must deposit sufficient clear funds in your account and your client registration form and all accompanying documents must be approved by the Company. The minimum initial deposit is defined on deposit department for each currency or equivalent amount in other currency (according to currency of the Client account). Upon the approval of your registration, you will be notified by e-mail. The Company may, in its sole discretion, request that in addition to online acceptance of this Agreement, Client must complete and submit any signed documents so required by the Company, including but not limited to this Agreement and the Risk Disclosure Statement.

2. Currency of Accounts

You will be able to open your Account(s) in USD/EUR/GBP or any currency that may be offered by the Company. Account(s) balances will be calculated and reported to you in the currency in which Account(s) are maintained.

14. Disabling and Cancelling Deposits

We have the right not to accept funds deposited by you and/or to cancel your deposits in the following circumstances:

• if you fail to provide the Company with any documents it requests from you either for client identification purposes or for any other reason;
• if the Company suspects or has concerns that the submitted documents may be false or fake;
• if the Company suspects you are involved in illegal or fraudulent activity;
• if the Company is informed that your credit or debit card (or any other payment method used) has been lost or stolen;
• where the Company considers that there is a chargeback risk; and/or
• when you deposit $10,000 or more or if you make over 10 separate deposits to your Accounts and the Company is unable to verify your credit or debit card details or is unable to verify any other payment method used.

In case of cancelled deposits, and if there is not a confiscation of your funds by a supervisory authority on the grounds of money laundering suspicion or for any other legal infringement, your funds will be returned to the bank account that have been initially received.

• Performance and settlement

You will promptly deliver any instructions, money, or documents deliverable by you under a Transaction in accordance with that Transaction as modified by any instructions given by us.

 

19. Withdrawal procedure

After we receive your withdrawal request application, we will start processing your request.

We will check again your identification documents (ID, proof of residence, compliance questionnaire), your account activity, we process your request (excluding any award received) and any other documents that might be needed in regards with our AML/deposit policy provisions (bank statements, proof of funds, proof of the deposit you performed to us, proof of primary/secondary residential address, declarations of deposits, credit card copies, etc.).

In case that any of the above are needed and are missing (were not sent to our Customer support email address, contact email address or uploaded by you in the Documents section) we will not process your withdrawal request and we will inform you accordingly about the reason of cancellation.

In the case of cancellation of your withdrawal request, you need to provide us with the requested documents (these will be specified in the cancellation email you will receive from us) and to submit a new withdrawal request. Your old and cancelled withdrawal request cannot be opened again. Therefor, you need to submit a new withdrawal request.

In case that all of the above are submitted to us and that your Free Margin allows for the withdrawal of funds requested, we will process your request in maximum 5 (five) working days and we will inform you accordingly.

All your withdrawal requests eligible to be processed will be handled by us in maximum 5 (five) working days. Afterwards, it depends solely on your banking partner in how long time the funds will reach your card/bank account.

*Some exceptions apply

 

50. Liability and Indemnity

Without prejudice to any other terms of this Agreement, relating to the limitation of liability and provision of indemnities, the following clauses shall apply to our Electronic Services.

16. Unauthorised use

We shall not be liable for any loss, liability or cost whatsoever arising from any unauthorized use of the Electronic Service. You shall on demand indemnify, protect and hold us harmless from and against all losses, liabilities, judgments, suits, actions, proceedings, claims, damages and costs resulting from or arising out of any act or omission by any person using an Electronic Service by using your designated passwords, whether or not you authorized such use. Furthermore, the client is solely responsible for keeping his access codes and passwords safe and the company should not by liable in any way in case he shares them with someone else. Moreover, clients are advised to change the initially provided Platform passwords for their own safety.

17. Viruses from your System

You will ensure that no computer viruses, worms, software bombs or similar items are introduced into our computer system or network and will indemnify us on demand for any loss that we suffer arising as a result of any such introduction.

18. Viruses from an Electronic Service

We shall have no liability to you (whether in contract or in tort, including negligence) in the event that any viruses, worms, software bombs or similar items are introduced into the System via an Electronic Service or any software provided by us to you in order to enable you to use the Electronic Service, provided that we have taken reasonable steps to prevent any such introduction.

We shall not be obliged to execute any instruction which has been identified that is based on errors caused by delays of the system to update prices provided by the system price feeder or the third-party service providers. We do not accept any liability towards executed trades that have been based and have been the result of delays as described above.