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ForexGen.com, Customer Account Agreement:
Agrees to accept and maintain for the undersigned (“Customer”) one or more sub accounts and
to act as principal for the Customer for the execution and Clearance of orders for transactions
Involving foreign exchange transactions or any other foreign currency-denominated financial instruments and any other financial transaction and inconsideration there of, Customer agrees to the following:
1. TRADING AUTHORIZATION.
ForexGen is authorized to purchase and sell Commodity Contracts for Customer’s account (i.e.,
all accounts opened on Customer’s behalf, accounts with Customer guarantees and accounts for
which Customer is jointly responsible) in accordance with oral or written instructions from the
Customer, the Customer’s introducing agent or other designated agent of the Customer.
Customer hereby waives any defense that such instructions were not in writing.
ForexGen is also authorized, in its sole discretion, to employ clearing member sand floor agents
as Customer’s agents in connection with the execution, carrying, clearance, delivery and
settlement of any such purchases and sales of Commodity Contracts. Commodity Contracts
bought or sold will be transactions between you as principal and us as principal.
You shall be directly and personally responsible for performing your obligations under every
transaction entered in to between us, whether you are dealing as principal directly or through an
agent, or as agent for an other person, and you shall indemnify us in respect of all liabilities,
losses or costs of any kind or nature what so ever which may be incurred by us as a direct or
indirect result of any failure by you to perform any such obligation.
2. APPLICABLE RULES AND REGULATIONS.
All orders entered for the purchase or sale of a Commodity Contract and all transactions in
Commodity Contracts executed for Customer’s accounts shall be subject to the constitution, by
laws, rules, regulations, customs and usages (collectively “rules”) of the exchange or market, and
its clearing house, if any, where such orders are directed or such transactions are executed and
any applicable self-regulatory organization and to the rules and regulations promulgated there
under (collectively “laws”). ForexGen shall not be liable to Customer as a result of any action
taken by or its agents in compliance with any of the foregoing rules or laws. This paragraph is
solely for the protection and benefit of, and any failure by or its agents to comply with any of the
foregoing rules or laws shall not relieve Customer of any obligation under this agreement nor be
construed to create right sunder this agreement in favor of Customer against.
3. RISK OF LOSS.
All transactions effected for Customer’s accounts and all fluctuations in the market prices of the
Commodity Contracts carried in Customer’s accounts are at Customer’s sole risk and Customer
shall be solely liable under all circumstances. By execution of this agreement, Customer warrants
that Customer is willing and financially able to sustain any such losses. ForexGen is not
responsible for the obligations of the persons with whom Customer’s transactions are affected,
nor ForexGen is responsible for delays intrans mission, delivery or execution of Customer’s
orders due to malfunctions of communications facilities or other Causes. ForexGen shall not be
liable to Customer for the loss of any margin deposits which is the direct or indirect result of the
bankruptcy, in solvency, liquidation, receivership, custodianship or assignment for the benefit of
creditors of any bank, clearing organization or similar entity.
4. TRADING RECOMMENDATIONS.
Customer acknowledges that any trading recommendations and market or other information
communicated to Customer by ForexGen, although based upon information obtained from
sources believed by ForexGen to be reliable, may be incomplete, may not be verified, may differ
from advice given to other customers, and may be changed without notice to Customer.
Customer understands that ForexGen or one or more of its affiliates may have a position in and
buy or sell Commodity Contracts which are the of information or recommendations furnished to
Customer and that these positions and subject transactions of or any affiliate may not be
consistent with there commendations furnished to Customer. Makes no representation or
warranty with respect to the tax consequences of Customer’s transactions.
5. INDEMNIFICATION.
Customer hereby agrees to indemnify ForexGen and hold ForexGen harmless from any liability,
cost or expense (including attorneys’ fees and expenses and any fines or penalties imposed by
any governmental agency, contract market, exchange, clearing organization or other self
regulatory body) which ForexGen may incur or be subjected to with respect to Customer’s
account or any transaction or position there in. Without limiting the generality of the foregoing,
Customer agrees to reimburse ForexGen on demand for any cost of collection incurred by in
collecting any sums owing by Customer under this agreement and any cost incurred by ForexGen
in successfully defending against any claims asserted by Customer, including all attorneys’ fees,
interest and expenses.
6. RECORDING.
Customer understands that all conversations regarding Customer’s accounts, orders and
Commodity Contracts between Customer and ForexGen maybe recorded by ForexGen, and
Customer irrevocably consents to such recordings and waives any right to object, and Customer
irrevocably consents to such recordings and waives any right to object to ForexGen’s use of such
recordings in any proceeding or as ForexGen otherwise deems appropriate.
7. FOREIGN CURRENCY.
If any transaction for Customer’s accounts is effected on any exchange or in any market on which
transactions are settled in a foreign currency, any profit or loss arising as a result of a fluctuation
in the rate of exchange between such currency and the United States Dollar shall be entirely for
Customer’s account and at Customer’s sole risk. ForexGen is hereby authorized to convert funds
in Customer’s accounts in to and from such foreign currency at rates of exchange prevailing at
the banking and other institutions with which ForexGen normally conducts such business
transactions.
8. MARGIN REQUIREMENTS.
Customer agrees to maintain at all times without demand from margin requirements for the
positions in the Customer’s account (s). Customer will at all times maintain such margin or
collateral for Customer’s account (s) as requested from time to time by ForexGen (which requests
maybe greater than exchange and clearing house requirements). Margin deposits shall be made
by wire transfer of immediately available funds, or by such other means as ForexGen may direct,
and shall be deemed made when received by ForexGen. Failure at anytime to call for a deposit of
margin shall not constitute a waiver of ForexGen’s rights to do so at anytime there after, no shall
it create any liability of ForexGen to Customer.
9. LIQUIDATION OF POSITIONS.
In the event that (a) Customer shall fail to timely deposit or maintain margin or any amount
hereunder; (b) Customer (if an individual) shall die or be judicially declared incompetent or (if an
entity) shall be dissolved or otherwise terminated; (c) a proceeding under the Bankruptcy Act, an
assignment for the benefit of creditors, or an application for a receiver, custodian, or trustee shall
be filed or applied for by or against Customer; (d) attachment is levied against Customer’s
account; (e) the property deposited as collateral is determined by ForexGen in its sole discretion,
regardless of current market quotations, to be in adequate to properly secure the account; or (f) at
anytime deems it necessary for its protection for any reason whatsoever, ForexGen may, in the
manner it deems appropriate, close out customer’s open positions in whole or in part, sell any or
all of Customer’s property held by ForexGen , buy any securities, Commodity Contracts, or other
property for Customer’s account, and may cancel any outstanding order sand commitments made
by ForexGen on behalf of Customer. Such sale, purchase or cancellation maybe made art's
discretion without advertising the same and without notice to Customer or his personal
representatives and without prior tender, demand for margin or payment, or call of any kind upon
Customer. May purchase the whole or any part there of free from any right of red emption. It is
understood that a prior demand or call or prior notice of the time and place of such sale or
purchase shall not be a waiver of ForexGen's right to sell or buy without demand or notice as
here in provided. Subject to applicable law sand rules, and in order to prevent non-permitted
trading in debit/deficit accounts, profits on any trades executed without ForexGen’s express
permission, for a Customer account that is debit/deficit at the time the order is placed, shall be for
ForexGen’s account if trading in its discretion so elects. Losses on any such trades shall be jointly
and severally borne by the Introducing online services, if any, and the Customer shall remain
liable for and pay trading the amount of any deficiency in any account amount of any deficiency in
any account of Customer with ForexGen resulting from any transaction described above.
Our determination of the current market value and the amount of additional and/or variation
margin shall be conclusive and shall not be challenged by the Customer.
10. TRADING LIMITATIONS.
ForexGen at any time, in its sole discretion, may limit the number of positions which Customer
may maintain or acquire through ForexGen, and is under no obligation to effect any transaction
for Customer’s accounts which would create positions in excess of the limit which ForexGen has
set. Customer agrees not to exceed the position limits established for any contract market,
whether acting alone or with others, and to promptly advise ForexGen if Customer is required to
file any reports on positions.
ForexGen preserves the right to cancel any transactions found to be erroneous because of the
market volatility, failure in the software or hardware of the trading platform or the connected
parties. This cancellation is done without consulting with the Customer. The Customer hereby
agrees on accepting the consequences of such cancellation either on, or against his favor.
ForexGen Preserves the right to ban any Customer from its trading platform, suspend any
accounts temporarily or permanent at any circumstances where the account was suspected to
perform one or more of the following forbidden activities:
a. Illegal pip hunting.
b. Illegal scalping.
c. Multi IP login at the same time.
d. Suspicious hedging of the same currency.
f. Harmful strategies including but not limmited to news and reports aggressive trading
g. Expert Advisor that are not approved by ForexGen.
h. Security threatening activities.
i. Any other hostile activities that threatens ForexGen, its customers, business partners and
counter parties.
ForexGen risk management office has the right to estimate the risk scope and calculate the
remaining funds to be paid out to the Customer after suspension. ForexGen has the sole right to
cover its losses caused by the over mentioned activities prior to the suspension.
11. EXERCISES AND ASSIGNMENTS.
With regard to options transactions, Customer understands that some exchange clearing houses
have established exercise requirements for the tender of exercise instructions and that options
will become worth less in the event that Customer does not deliver instructions by such expiration
times. At least two business days prior to the first notice day in the case of long positions in
futures or forward contracts, and at least two business days prior to the last
12. SECURITY AGREEMENT.
Trading day in the case of short positions in open futures or forward contracts or long and short
positions in options, Customer agrees that Customer will either give ForexGen Trading
instructions to liquidate or make or take delivery under such futures or forward contracts, or to
liquidate, exercise, or allow the expiration of such options, and will deliver to ForexGen Trading
sufficient funds and/or any documents required in connection with exercise or delivery. If such
instructions or such funds and/or documents, with regard to option transactions, are not received
by ForexGen prior to the expiration of the option, ForexGen may permit an option to expire.
Customer also understands that certain exchanges and clearing houses automatically exercise
some “in-the -money” options unless instructed otherwise. Customer acknowledges full
responsibility for taking action either to exercise or to prevent exercise of acknowledges full
responsibility for taking action either to exercise or to prevent exercise of an option contract, as
the case maybe; ForexGen is not required to take any action with respect to an option, including
without limitation any action to exercise a valuable option contract prior to its expiration or to
prevent the automatic exercise of an option, except upon Customer’s express instructions.
Customer further understands that ForexGen also has established exercise cut-off times which
maybe different from the times established by the contract markets in clearing houses. In the
event that timely exercise and assignment instructions are not given, Customer hereby agrees to
waive any and all claims for damage or loss Customer might have against ForexGen arising out
of the fact that an option was or was not exercised. Customer understands that ForexGen
randomly assigns exercise notices to Customers that all short option positions are subject to
assignment at anytime, including positions established on the same day that exercises areas
signed, and that exercise assignment notices are allocated randomly from among all Customers’
short option positions which are subject to exercise. (a) All Commodity Contracts, funds,
securities, and other property in Customer’s accounts or otherwise now or at any time in the
future held by for any purpose, including safekeeping, are subject to a security interest and
general lien in ForexGen's favor to secure any indebtedness at any time owing from Customer to,
including any indebtedness resulting from any guarantee of a transaction or account by Customer
or Customer’s assumption of joint responsibility for any transaction or account. From time to time
and without prior notice to Customer, ForexGen may transfer interchangeably between and
among any account of Customer maintained at any of Customer’s funds (including segregated
funds), securities, commodities, or other property for purposes of margin, reduction or satisfaction
of any debit balance, or any reason which deems appropriate. Within areas on able time after any
such transfer, ForexGen will confirm the transfer in writing to Customer;(b) Customer hereby
grants to the right to pledge, re-pledge, or invest either separately or with the property of other
Customers, any securities or other property held by ForexGen for the account of Customer or as
collateral therefore, including without limitation to any exchange or clearing house through which
trades of Customer are executed. ForexGen shall be under no obligation to pay to Customer or
account for any interest income, or benefit derived from such property and funds or to deliver the
same securities or other Property deposited with or received by ForexGen for Customer.
ForexGen may deliver securities or other property of like or equivalent kind or amount;
ForexGen shall have the right to offset any amounts it holds for or owes to Customer against any
debts or other amounts owed by Customer to.
13. NOTICES AND COMMUNICATIONS.
Customer shall make all payments, except with regard to wire transfers discussed above, and
deliver all notices and communications to the office of ForexGen at P.O. Box 2370. All
communications from Forex Trading to Customer maybe sent to the Customer at the address
indicated on the Customer Account Application or to such other address as Customer hereafter
directs in writing. Confirmations of trades, statements of account, margin calls, and any other
written notices shall be binding on Customer for all purposes, unless Customer calls any error
there into ForexGen Trading's attention in writing (a) prior to the start of business on the business
day next following notification, in the case of margin calls and reports of executions and (b) within
24 hours of delivery to Customer, in the case of statements of account and any written notices
(other than trade confirmations or margin calls) or demands. None of these provisions, however,
will prevent ForexGen Trading, upon discovery of any error or omission, from correcting it. The
parties agree that such errors, whether resulting in profit or loss, will be corrected in Customer’s
account, will be credited or debited so that it is in the same position it would have been in if the
error had not occurred. Whenever a correction is made, ForexGen Trading will promptly make
written or oral notification to Customer. All communications, whether by mail, telex, courier,
telephone, telegraph, messenger, facsimile, or otherwise (in the case of mailed notices), or
communicated (in the case of telephone notices), sent to Customer at Customer’s or agent’s
address (or telephone number) as given to ForexGen Trading from time to time shall constitute
personal delivery to Customer whether or not actually received by Customer, and Customer
hereby waives all claims resulting from failure to receive such communications.
14. PRINTED MEDIA STORAGE.
Customer acknowledges and agrees that ForexGen Trading may reduce all documentation
evidencing Customer’s account, including the original signature documents executed by
Customer in the opening of such Customer’s account with ForexGen Trading, utilizing a printed
media storage device such as micro-fiche or optical disc imaging. Customer agrees to permit the
records stored by such printed media storage method to serve as a complete, true and genuine
record of such Customer’s account documents and signatures.
15. REPRESENTATIONS.
Customer represents that (a) (if an individual) he is of the age of majority, of sound mind, and
authorized to open accounts and enter into this agreement and to effectuate transactions in
Commodity Contracts as contemplated hereby; (b) (if an entity) Customer is validly existing and
empowered to enter into this agreement and to effect transactions in Commodity Contracts as
contemplated hereby; (c) the statements and financial information contained on Customer’s
Account Application submitted herewith (including any financial statement there with) are true and
correct; and (d) no person or entity has any interest or control of the account to which this
agreement pertains except as disclosed in the Customer’s Account Application. Customer further
represents that, except as here to fore disclosed to in writing, he is not an officer or employee of
any exchange, board of trade, clearing house, or an employee or affiliate of any futures
commission merchant, or an introducing online services, or an officer, partner, director, or
employee of any securities dealer. Customer agrees to furnish appropriate financial statements to
ForexGen to disclose to any material changes in the financial position of Customer and to furnish
promptly such other information concerning Customer as reasonably requests.
16. CONFLICTS OF INTEREST.
ForexGen may execute Commodity Contracts for Customer’s account (s). ForexGen will execute
transaction similar to Customer’s transaction with another market participant in the financial
market. As principal ForexGen may not execute transaction similar to Customer in the financial
market and hold the opposing transaction in ForexGen’s inventory of Commodity Contracts. As a
result of acting as principal Customer should realize that maybe acting as your counter party and
that maybe placed in such a position that a conflict of duty occurs. , its Associates or other
persons connected with may have an interest, relationship or arrangement that is material in
relation to any Commodity Contract effected under this Agreement. By entering into this
Agreement the Customer agrees that ForexGen may transact such business without prior
reference to the Customer. In addition, ForexGen may provide advice and other services to third
parties whose interests maybe in conflict or competition with the Customer’s interests. , its
Associates and the employees of any of them may take positions opposite to the Customer or
maybe in competition with the Customer to acquire the same or a similar position. ForexGen will
not deliberately favor any person over the Customer but will not be responsible for any loss which
may result from such competition.
17. BINDING EFFECT OF AGREEMENT; MODIFICATIONS.
This agreement shall be binding upon ForexGen and inure to the benefit of ForexGen, it success
or sand assigns, and Customer’s heirs, executors, administrators, legatees, successors, personal
representative sand assigns. Except as provided in paragraph 2, no change in or waiver of any
provision of this agreement shall be binding unless it is in writing, dated subsequent to the date
hereof, and signed by the party intended to be bound. No agreement or under standing of any
kind shall be binding upon unless it is agreed to in writing, accepted and signed by an authorized
officer.
18. FORCE MAJEURE EVENTS.
We may, in our reasonable opinion, determine that an emergency or an exceptional market
condition exists (a “Force Major Event”). A Force Major Event shall include, but is not limited to,
the following:
• Any act, event or occurrence (including without limitation any strike, riot or commotion,
interruption or power supply or electronic or communication equipment failure) which, in our
opinion, prevents us from maintaining an orderly market in one or more of the investments in
respects of which we ordinarily deal in Commodity Contracts.
• The suspension or closure of any market or the abandonment or failure of any event upon which
we base, or to which we in any way relate, our quote, or the imposition of limits or special or
unusual terms on the trading in any such market or on any such event.
• The occurrence of an excessive movement in the level of any Commodity Contract and/or the
underlying market or our anticipation (acting reasonably) of the occurrence of such movements. If
we determine that a Force Major Event exists we may in our absolute is creation without notice
and at any time taken one or more of the following steps:
• Increase your deposit requirements; close any or all of your open Commodity Contracts at such
closing level as we reasonably believe to be appropriate;
• Suspend or modify the application of all or any of the terms of this agreement to the extent that
the Force Major Event makes it impossible or impracticable for us to comply with the term or
terms in question;
• OR alter the last time for trading for particular Commodity Contract.
19. HEADINGS.
The headings of each provision are for descriptive purposes only and shall not be deemed to
modify or qualify any of the rights or obligations set forth in each provision.
20. GOVERNING LAW.
This agreement shall be governed by the international Law. Any disputes arising out of or in
connection with the present contract which are not amicably solved by mutual agreement, shall
be settled by the Federal Courts. Any disputes arising out of transactions under this agreement
may be brought by customer no later than three months after the cause of action arose.
21. ACCEPTANCE OF AGREEMENT.
This agreement shall constitute an effective contract between ForexGen and Customer upon
acceptance by an authorized officer of ForexGen.
22. MULTIPLE ACCOUNTS.
Customer agrees that ForexGen may, from time to time, change the account number assigned to
any account covered by this agreement, and that this agreement shall remain in full force and
effect. Customer agrees further that this account, if closed and reopened, as well as all additional
accounts opened in Customer’s name at ForexGen, shall be covered by this same agreement
with the exception of any account for which a new customer agreement is signed.
23. ASSIGNMENT.
ForexGen may assign Customer’s account to another registered futures commission merchant by
notifying Customer of the date and name of the intended assignee ten (10) days prior to the
assignment. Unless Customer objects to the assignment in writing prior to the scheduled date for
assignment, the assignment will be binding on Customer.
24. CUSTOMER ACKNOWLEDGMENTS AND SIGNATURE.
Customer hereby understands the Customer Account Agreement and consents and agrees to all
of the terms and conditions of the agreement set forth above. Customer acknowledges that
trading in Commodity Contracts is speculative, involves a high degree of risk and is appropriate
only for persons who can assume risk of loss in excess of their margin deposits.
I / We hereby confirm and accept the terms and conditions in this Customer Account Agreement
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