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Services Agreement (“Agreement”)
This Services Agreement is important and you should read it carefully to ensure you understand it fully (we recommend taking legal advice, if necessary) and request a soft copy for your records as this Services Agreement will constitute a legally binding contract between IBR-Global Markets Ltd and you.
The information provided herein is considered to be true and correct at the time of publication. However, changes in circumstances after time of publication may affect the accuracy of the information. Therefore, you should constantly check the agreement before acting upon its content; especially in the course of business transactions.
Mailing (Regular & Electronic), chatting, facsimile and calling us means you accept this Agreement (“Services Agreement”).
This agreement, together with any schedules, supplemental terms, accompanying documents and each confirmation recording the details of any transaction under it (together, as amended from time to time (the “Agreement”), sets out the terms and conditions of your relationship with IBR-Global Markets Ltd in relation to the Services.
You are about to access IBR-Global Markets Ltd website (“The Website”). By clicking “Accept” below, you acknowledge that you have read and understood the following terms and conditions, and you agree to be bound hereby. You agree that you will be bound by the procedures and conditions specified herein. (Please read them carefully before you invest or send fund[s]).
THERE WILL BE NO SUBSEQUENT CONFIRMATION PROMPT FOR YOU TO CLICK. YOU WILL NOT BE ABLE TO WITHDRAW OR CHANGE YOUR CONSENT ONCE YOU CLICK. UNDER NORMAL MARKET CONDITIONS AND SYSTEM PERFORMANCE, A CONSENT CONFIRMATION WILL BE PROMPTLY FILLED AFTER SUBMISSION AND YOU HAVE ENTERED INTO A BINDING AGREEMENT.
IBR-Global Markets Ltd (The “Company” or the “Portfolio” or the “FI”) is a Nigerian-registered Company. Registered under the Corporate Affairs Commission, RC: 1322846, PENCOM: PR0001322846, Tax #: 19678119 – 0001, VAT #: 100021322846 – FATCA (United States): 34Z9P3, GIIN (United States): 34Z9P3.99999.SL.566 LEI (Europe): 0292004568D6M9Y0I395
The services offered by IBR-GLOBAL MARKETS LTD, do not fall under the scope of supervised or licensed activities by the Nigerian Securities and Exchange Commission (SEC) and/ or the Central Bank of Nigeria (CBN). IBR-Global Markets Ltd DOES not trade in local (Nigeria) securities. We may provide our Services in relation to products which are not regulated by the SEC and/or the CBN.
IBR-Global Markets Ltd will endeavor to execute instructions received only during regular office business opening hours and within reasonable delays and shall have no liability associated with delays related to late reception of instructions received outside opening office hours. IBR-Global Markets Ltd shall have no liability for any claims, losses, damages, costs or expenses, including attorney fees, to any client or any person arising from such delays.
This communication is directed to all visitors, clients, partners, professional investors and other well-informed investors. It should not be distributed to, or relied on by external investors. The Portfolio cannot be promoted to investors for whom it has not been deemed appropriate. If you do not fall into these categories do not read this document/deal with the company. The information contained herein is confidential and is intended only for the persons to whom it is transmitted by the company or authorized distributors. Any reproduction of this document in whole or in part, or the divulgence of any of its contents, without the prior written consent of IBR-Global Markets Ltd, is prohibited.
To transact on FX Portfolio Management, Segregated Account, Introducing Brokers, Social Trading and IBR Xchange with IBR-Global Markets Ltd, you need to conclude an agreement for the provision of financial services with an appropriate financial institution (FX Broker, Bank or Social Trading Platform Provider).
2.1 Subject to this Agreement and the limitations set out, IBR-Global Markets Ltd may provide the Services to you in accordance with Applicable Law. You acknowledge the general information on transactions and certain types of Orders and agree that such information is for general information purposes only.
[3.] Transaction (Business) Hours
All transactions must be communicated to IBR-Global Markets Ltd via email or through our online portal, or as otherwise elected on the application. Requests received prior to the close of regular trading of IBR-Global Markets Ltd (Normally 08:30 – 16:30, GMT +1) will be effected that day. Requests received after the close of regular trading of IBR-Global Markets Ltd becomes effective on the next business day.
[4.] Limitations on the Scope of Our Services
4.1 Our Services do not include investment advice or personal recommendations. We do not provide any representations as to the suitability of any of our Services.
4.1.1 You are responsible for obtaining any legal, accounting, financial or tax advice you may need in determining whether any FX Transaction or Service is suitable for your needs or the needs of your business.
4.1.2 Any information provided to you in relation to this Agreement (including, but not limited to, any market information or research forecasts shared with you in relation to any proposed Order or otherwise) will be for your information only and is not in any way to be relied upon as financial advice as to the suitability of placing an Order or entering into any FX Transaction or Service. Insofar as is permissible under our rules, IBR-Global Markets Ltd does not owe you any Fiduciary Duty or any similar obligation under this Agreement. The foreign exchange rates used for the purposes of providing the Services will be the rates that are available to you as a customer of IBR-Global Markets Ltd (which will include our costs, fees and charges) and, as such, these rates may differ from published inter- bank rates.
4.1.3 All FX Transactions and Services shall be subject to Applicable Law, but so that:
184.108.40.206 IBR-Global Markets Ltd shall be entitled to take such action or steps or omit to take any action or steps as it shall in its absolute discretion consider necessary to ensure compliance with Applicable Law, including, without limitation, the taking of any action to avoid or mitigate any loss arising as a result of a change in Applicable Law, and all Applicable Law and any such action or step so taken by IBR-GLOBAL MARKETS LTD shall be binding upon you as if expressly set out herein or authorized hereby.
[5.] Information Use
5.1 The use of any information or materials in this document/website is entirely at your own risk, for which we expressly exclude liability to the fullest extent permitted by law. It shall be your own responsibility to ensure that any products, services or information available through this document/website meet your specific requirements and undertake your own due diligence.
5.2 There is no guarantee that an investment in the Portfolio mentioned herein the website will not lead to a loss. This is also the case even if there is a positive development in other parts of the financial markets.
5.2.1 Historical development is no guarantee for future returns. Any means invested in the Portfolio can appreciate as well as depreciate in value and there is no guarantee that the full invested value will be returned.
5.2.2 The Portfolio value may vary a lot due to the composition of the Portfolio and the methods of portfolio management used.
6.1 By clicking on “Accept” of this Agreement to us confirms your acceptance of this Agreement. By executing this Agreement, you are also agreeing to each Transaction you enter into under relevant product terms being subject to this Agreement, as amended or supplemented from time to time.
6.2 Notwithstanding, where you fail to accept this Agreement but begin or continue to use or instruct us on any Services or undertake business with us in relation to any Services, this will be taken as an indication that you have agreed to the terms of this Agreement.
6.4 You agree that you will promptly supply us with any information and/or documentation that we may request from time to time to enable us to comply with: (i) any legal and regulatory requirements which may apply to us, including, but not limited to, the requirements under the Money Laundering Regulations (as amended or supplemented from time to time), or (ii) in the case of industry/market voluntary codes, any such codes with which we choose to comply.
[7.] About US
7.1 IBR-GLOBAL MARKETS LTD is a registered firm which provides the following services: FX Portfolio Management, Segregated Account, Introducing Broker, Social Trading, IBR Xchange, Market Signals, and will be trading through Global Markets and any renamed or successor business unit or division within IBR-GLOBAL MARKETS LTD. The registered address of IBR-GLOBAL MARKETS LTD is: 49, Bode Thomas Street, Surulere Lagos 23401, Nigeria. GLOBAL MARKETS LTD is registered in Nigeria, with company registration number 1322846. IBR-GLOBAL MARKETS LTD email address for communications in relation to this Agreement is: firstname.lastname@example.org.
7.2 IBR-GLOBAL MARKETS LTD VAT identification number is #: 100021322846 , registered with the National Pension Commission (PENCOM) with the identification number: PR0001322846, appears on the Global Legal Entity Identifier (GLIEF) register with firm reference number: 0292004568D6M9Y0I395, VAT identification number is: 100021322846, Foreign Account Tax Compliance Act (FATCA) registration number is: 34Z9P3, Global Intermediary Identification Number (GIIN) is: 34Z9P3.99999.SL.566, also registered with the International Data Exchange Service (IDES) in order to collect and report certain information about an account holder’s tax residency.
[8.] Electronic Trading
8.1 Most electronic trading facilities are supported by computer-based component systems for the order routing and execution of trades.
8.1.2 As with all facilities and systems, they are vulnerable to temporary disruption or failure which may affect/ or delay access and trade executions.
8.1.3 You will be exposed to risks associated with the system including but not limited to failure to hardware or software, as such please be sure to review the execution risk with your designated broker(s).
[9.] Staff Verification
9.1 You are hereby required to verify the true identity/status of any of our staff before subsequent proceedings (A staff Identification number in format: [IBR-STF-000000] should be requested from any staff, and subjected to verification on our portal: https://portal.ibrglobalmarkets.com/staff-verification/.
9.1.2 All correspondence with any of our staff should only be done through the email(s) and phone number(s) confirmed on our portal. For more details on staff verification, follow this link: https://ibrglobalmarkets.com/staff-verification/.
9.1.3 We advise that you do not communicate with any of our staff through an unverified source/information.
9.2 IBR-Global Markets Ltd will not be liable for any loss, litigation, legal fee & expenses, damage, claim, distress, action or proceedings which may be incurred, sustained, paid or made against IBR-Global Markets Ltd occasioned or in consequences of the matter stated herein.
10.1.1 If the account holders tax residence is located outside the country where the Financial Institution (“FI”) maintaining the account is located, we may be legally obliged to pass on your information and other financial information with respect to your financial account(s) to the tax authorities in the country where the FI is located and they may exchange this information with tax authorities of another jurisdiction or jurisdiction pursuant to intergovernmental agreements to exchange financial account information.
10.1.2 For more information on tax residence, please consult your tax adviser. You can also find out more , including a list of jurisdiction that have signed agreements to automatically exchange information along with details about the information being requested , on the OECD automatic exchange of information portal.
10.2 If you are a U.S. citizen or tax resident under U.S. law, you should indicate that you are a U.S tax resident and you may also need to fill in an IRS W-9 form.
[11.] Capacity and Authority
11.1 In providing the Services pursuant to this Agreement, IBR-GLOBAL MARKETS LTD will be acting as principal. You warrant that you will act as principal. As a result, we, in our dealings with you, will assume that the transactions you enter into are for you and no one else. You represent and warrant that you have all necessary authorities and consents to enable you to enter into both this Agreement and any transactions pursuant to this Agreement.
11.2 IBR-GLOBAL MARKETS LTD may rely on any order, direction or instruction from you or any Person who is, or is believed by us in good faith to be, a Person designated or authorized by you to give instructions or Orders in relation to this Agreement. IBR-GLOBAL MARKETS LTD may accept and act without further enquiry upon such instructions and/or Orders.
11.2.1 You will be responsible for, and bound by, any Order and any resulting transaction resulting from those instructions and/or Orders.
[12.] Financial Crime Requirements
12.1 Each Party will comply with all Applicable Law and has established and maintains policies and procedures reasonably designed to promote and achieve compliance with Applicable Law relating to Financial Crime.
12.1.1 Our dealings with you will be covered by certain Applicable Laws relating to, among other Financial Crime matters, client identification and money laundering which may require us to seek further evidence and confirmation of your identity and the business that you propose to undertake with us.
12.1.2 If satisfactory evidence of your identity and/or the identity of any underlying client has not been obtained within a reasonable period, we reserve the right not to accept or process any Order or Transaction or provide any Service or otherwise to cease to deal with you.
12.1.3 You will not directly or indirectly use the proceeds of any transaction concluded with or through us, or lend, contribute or otherwise make available such proceeds to any Person, (i) to fund any activities or business of or with any Person, or in any country or territory, that, at the time of such funding, is, or whose government is, the target of country- or territory-wide Sanctions or (ii) in any other manner that would result in a violation of Sanctions by any Person.
12.1.4 You will not, in connection with any transaction concluded with or through us, violate any applicable anti-bribery laws and regulations, including, but not limited to, the U.S. Foreign Corrupt Practices Act, the UK Bribery Act (each as may be amended from time to time) and other analogous legislation in other applicable jurisdictions.
12.2 You shall: (i) to the extent permitted by Applicable Law, promptly report to IBR-GLOBAL MARKETS LTD any breach or suspected breach of any of your obligations or undertakings with respect to Financial Crime, (ii) make all reasonable efforts to rectify promptly such breach or suspected breach to the fullest extent practicable, and (iii) assist IBR-GLOBAL MARKETS LTD in investigating and remedying any such breach or suspected breach.
12.2.1 We shall have the right to suspend or terminate any transaction between us on immediate written notice should we become aware of a breach of your obligations.
12.3 In order for IBR-GLOBAL MARKETS LTD to meet its Relevant Requirements, IBR-GLOBAL MARKETS LTD and any company within the IBR-GLOBAL MARKETS LTD may take any necessary action, including, without limitation, intercepting and/or investigating transactions on your accounts with IBR-GLOBAL MARKETS LTD (particularly those involving the international transfer of funds) including the source of or intended recipient of funds paid into or out of your accounts.
12.3.1 Without prejudice to any Clause, neither IBR-GLOBAL MARKETS LTD nor any IBR-GLOBAL MARKETS LTD Group company shall have any liability (whether direct, indirect or consequential and including, without limitation, loss of profit or interest) caused in whole or in part by any actions which are taken by IBR-GLOBAL MARKETS LTD or any IBR-GLOBAL MARKETS LTD Group companies to comply with the Relevant Requirements.
[13.] Placing Orders with Us
13.1 Following receipt of a request from you for any of the Services (and subject always to compliance with any credit limit applicable to you), we may, in our absolute discretion, either:
13.1.1 In respect of a request for a spot foreign exchange contract, forward or flexible delivery forward exchange contract: (a) provide a quote (which will include our costs, fees and charges and, in relation to Inter-Bank foreign exchange, will also include the proposed Settlement Date), or (b) indicate that we are unable to provide you with a quote, and in respect of any Order, confirm or reject such request.
13.1.2 The rate that we quote may quickly change from one moment to the next due to the nature of the foreign exchange market. For this reason, if we provide a quote to you in respect of any such request, it will be available for immediate execution only and we will be under no obligation to make such quote available to you on a continuing basis.
13.1.3 If you agree to the terms of the quote provided to you in relation to a foreign exchange contract, forward or flexible delivery forward exchange contract, you would have entered into an FX Transaction, and will be bound by the terms of such transaction. If we accept your instruction in an Order, you will be bound by the terms of such Order.
13.1.4 You may place Orders with us by any approved means notified to you by us from time to time for these purposes (possible approved means include, but are not limited to, by telephone, by email, by online application or via IBR-GLOBAL MARKETS LTD Evolve).
13.1.5 Where you place an Order with us, IBR-GLOBAL MARKETS LTD will act on instructions before receipt of any written confirmations and its records of communications shall be conclusive evidence of such instructions.
13.1.6 An Order will be legally binding on you and we shall have no responsibility for any error or inaccuracy in such Order. Therefore, before you place an Order with us, you must carefully review the details provided by you and (if applicable) the quote received from us.
13.1.7 Subject to this Agreement, you may request that an Order be amended or cancelled and we may, in our absolute discretion, amend or cancel such Order if it has not yet been executed. We do not guarantee that the original Order will not have been executed prior to such request and any such request to amend or cancel an Order will have no effect on any Order which has already been executed.
13.1.8 Once you have placed an Order with us that Order will become immediately binding on you. However, you should not assume that we have executed the Order until we have informed you that we have done so.
13.1.9 We shall be under no obligation to execute your Order. For instance, we may not execute your Order in, without limitation, the following instances: there is a lack of liquidity in the market, there is market disruption, Applicable Law, market practice or a rule or regulation would, in our reasonable opinion, prevent us from doing so, where you have insufficient credit, or where we are in doubt as to the authenticity of instructions.
13.1.10 Consequently, we shall not be liable to you where we have declined an Order or have been unable to execute an Order.
13.1.11 When an Order is canceled; our Cancellation and Refund Policy shall prevail on all refund matter. Kindly refer to our Cancellation and Refund Policy.
[14.] Distribution of Information
14.1 This information is not directed at you if we are prohibited by any law of any jurisdiction from making the information in this document/website available to you and is not intended for any use that would be contrary to local law and/or regulation.
14.1.1 Distribution of information in respect of the Portfolio mentioned within this website in certain jurisdictions may be restricted by law. Persons that are contemplating to request such information are required to inform themselves about and observe such restrictions.
14.1.2 The units of the Portfolio mentioned in this website, with their different share classes, have not been registered, and will not be registered, in accordance with any securities legislation in the United States, Canada, Japan, Australia or elsewhere and may not be offered or sold to or within the United States, Canada, Japan, Australia or in any other country where such offer or sale would/might conflict with applicable laws or regulations.
14.1.3 No information of any nature may be transmitted to parties in these countries except pursuant to an exemption from, or in a transaction not subject to, the registration requirements of such applicable securities legislation. Nor may the units of any Portfolio mentioned herein be offered or sold to persons in these countries except pursuant to an exemption from, or in a transaction not subject to, the registration requirements of such applicable securities legislation.
14.1.4 The External Managers of the Portfolio mentioned herein for solely informative purposes have no responsibility whatsoever for determining that an investment from outside its jurisdiction is being made in accordance with the law of that country.
15.1 Accounts shall be due for settlement and/or delivery on the date shown on the confirmation. It is your responsibility to ensure that money due to IBR-GLOBAL MARKETS LTD is paid and/or that documents are delivered to IBR-GLOBAL MARKETS LTD in good order by the due date for settlement.
15.2 If you make any payment under this Agreement which is subject to any deduction or withholding whatsoever, you shall pay to IBR-GLOBAL MARKETS LTD such additional amount as is necessary to ensure that the amount actually received by IBR-GLOBAL MARKETS LTD will equal the full amount IBR-GLOBAL MARKETS LTD would have received had no such deduction or withholding been made. Any payment made by IBR-GLOBAL MARKETS LTD under this Agreement which is subject to any deduction or withholding whatsoever will be made by IBR-GLOBAL MARKETS LTD less such deduction or withholding.
15.3 In respect of each Inter-Bank FX Transaction, you will be obliged to pay the agreed amount of the relevant currency to us on the Settlement Date whereupon we will be obliged to pay the agreed amount of the other currency to you.
15.4 We shall make all payments due to you under this Agreement subject to our Cancellation and Refund Policy.
15.5 We are required by law to make deductions or withholdings in respect of any tax liabilities, in which case such payment to you will be less any amounts that we are required to deduct or withhold.
15.6 In placing an Order and entering into a Transaction, you will be deemed to have authorized us to credit or debit any amounts owed to you or owed by you (as applicable) on the Settlement Date to or from the bank account(s) provided by you in accordance with your standard settlement instructions or direct debit authority (as applicable and each as amended or supplemented from time to time), even if this results in such account being overdrawn or any credit limit applicable to you being exceeded.
15.6.1 Should you fail to make available sufficient funds on the Settlement Date, we may, in our absolute discretion, choose to terminate such Transaction pursuant to the terms of this Agreement. Where we have not chosen to terminate such Transaction, we shall be entitled to charge interest in respect of such amounts due and owing by you from the Settlement Date until the date such funds are made available by you (at such rate of interest as is notified to you from time to time).
[16.] Confirmations, Trade Recapture and Related Information
16.1 Following execution of each Transaction carried out pursuant to this Agreement, we will provide the key details of the Transaction. Unless provided to you by a third party, we may also subsequently provide you more detailed information regarding such Transactions. The way in which we provide you information will depend on the type of Transaction and the way in which it was transacted and we may agree or otherwise notify you in advance of how such information will be provided. On your request, we will supply information about the status of your Transaction. We may separately agree the content and timing of the information we provide.
16.2 Any question, matter or dispute in relation to the terms of a Transaction must be raised by you in writing forthwith upon receipt by you of the information provided in respect of that Transaction, failing which, in the absence of manifest error, such information shall be conclusive and binding on you.
[17.] Client Money
17.1 Where funds are received by IBR-GLOBAL MARKETS LTD, they will be held in an account in IBR-GLOBAL MARKETS LTD’s capacity, not as a CRD credit institution (which has the meaning given to it under the financial rules but in broad terms it is a company whose business is to take deposits and to make loans, most banks are CRD credit institutions).
[18.] Conflicts of Interest
18.1 Situations can arise where our interests, or those of our staff, conflict with your interests or where your interests compete with those of our other clients.
18.1.2 We will make available to you a description of our Conflicts of Interest Policy through our website: https://www.ibrglobalmarkets.com/conflict-of-interest-policy/ or such other website as notified to you by us.
18.1.3 Our Conflicts of Interest Policy is a policy we maintain setting out the circumstances which may constitute or may give rise to a conflict of interest, the procedures we will follow and the measures we will adopt to prevent or manage such conflicts. Where you request, we will provide you with further information on our Conflicts of Interest Policy.
18.1.4 Whilst we take all appropriate steps to identify and to prevent or manage conflicts of interest, where we are not reasonably confident that our arrangements are sufficient to ensure that risk of damage to your interests will be prevented, we will disclose to you the nature of the conflict and the steps that we have taken to mitigate the risk before undertaking business with you.
[19.] Communications & Instructions
19.1 Due to the nature of the internet, communications may be subject to interruption, blackout, delayed transmission, and incorrect data transmission. In consideration of IBR-Global Markets Ltd agreeing to accept and act upon any instructions, communications and documents by facsimile (fax), telephone, email, chat, letters issued according to my/our mandate, IBR-Global Markets Ltd shall have absolute discretion for any reason whatsoever but without any obligation to disclose any such reason, to act or not to act upon documentation received by facsimile (fax), email, chat, letters or instructions received by telephone and / or to request verification or authentication of documents and instructions received by such means.
19.2 I/We irrevocably undertake to indemnify IBR-Global Markets Ltd and hold it harmless from and against all cost (including without limitation legal fees and expenses, claims, losses, liabilities, damages and proceedings) whatsoever that IBR-Global Markets Ltd may suffer or incur or that may arise as a result of IBR-Global Markets Ltd accepting/ or acting upon or not acting upon such instructions, communication or documents.
19.2.1 Furthermore, I/We irrevocably release IBR-Global Markets Ltd from any and all liability in the event that any telephone, email, facsimile (fax), chat transmission or letter is not received, or is mutilated, altered, illegible or interrupted, duplicated, incomplete, unauthorized , or delayed for any reason or is tampered with howsoever or suffers any other form of defect whatsoever.
[20.] Fraudulent Emails, Identity Theft and Financial Fraud
20.1 IBR-Global Markets Ltd is aware that its name and that of its employees, officers, directors and shareholders may be used to validate a range of different forms of fraudulent activities, perpetrated against innocent third parties. Identity theft element of those scam can include fraudulent emails, copies of our website and the creation of a false telephone switch-board.
20.1.1 Whilst IBR-Global Markets Ltd can take not responsibility for losses arising from such sites, emails or documents, we are dedicated to the task of playing our part in reducing identity theft and fraud. In addition, we have secured an online facility for Identify Verification which enables swift confirmation of anyone purporting to be our employee, officer or director. Please refer to section 9 of this agreement (the “Services Agreement”).
20.2 If you have any doubts about the legitimacy of any correspondence purporting to be from IBR-Global Markets Ltd, do not hesitate to give us a call on: +234 (0) 700 IBRGLOBAL or email: email@example.com. It is important that you do not access any link within it, disclose any personal/or sensitive information or reply to it.
[21.] Recording and Monitoring of Communications
21.1 In certain circumstances, communications in relation to this Agreement (including emails, voicemail, online chat conversations, telephone calls and website usage records) as well as paper correspondence such as envelopes or packages may be monitored, recorded or inspected (as appropriate) using monitoring devices or other technical or physical means. The monitoring of communications may take place where deemed necessary for purposes permitted by law from time to time, including, without limitation, to record evidence of business transactions and so as to ensure compliance with IBR-GLOBAL MARKETS LTD’s regulatory obligations and its policies and procedures.
21.1.2 As required by Applicable Law, IBR-GLOBAL MARKETS LTD may record telephone conversations and electronic communications that result in Transactions or that may result in Transactions.
21.1.3 Where IBR-GLOBAL MARKETS LTD is required to record communications under the rules, a copy of the recording of the communications will be made available to you on request for a period of 1 month from the date of the communication. We may retain certain or specific records for longer than five years and, if it does, the records retained as a result of such request will be available to you for a period of up to 3 months.
21.1.4 Any telephone conversations and electronic communications that are recorded in accordance with this Clause may be recorded without use of a warning tone or other notification.
21.1.5 All recordings and other records shall be and remain our sole property. We may use such recordings and other records as evidence in court or other proceedings.
21.2 Electronic Document Transmission: Electronic document transmissions (“EDT”) shall be deemed valid and enforceable in respect of any provisions of this agreement. As applicable, this agreement shall be:-
21.2.1 Incorporate U.S. public law 106-229, electronic signatures in global and national commerce act or such other applicable law conforming to the uncitral model law on electronic signatures (2001) and
21.2.2 Electronic commerce agreement (ece/trade/257, geneva, may 2000) adopted by the united nations centre for trade facilitation and electronic business (un/cefact).
21.2.3 EDT documents shall be subject to european community directive no. 95/46/eec, as applicable. Either party may request a hard copy of any document that has been previously transmitted by electronic means provided, however, that any such request shall in no manner delay the parties from performing their respective obligations and duties under EDT instruments. Any unauthorized use of any/all electronic instruments by a third person is against the law and is subject to persection.
21.2.4 I/ We agreed that the electronic copies of this agreement hereto are considered legally binding and enforceable by the competent law court.
[22.] Data Exchange
22.1.1 The document submission portal (the “Data Exchange Portal”) is available 24 hours for document submission in dealing with IBR-Global Markets Ltd. All document submission will be assigned a reference number after a successful submission. This will enable ease of reference to any submitted document.
[23.] Payment, Costs and Charges
23.1 All transaction payments in association with IBR-Global Markets Ltd have to be executed through any of our payment options on our Payment Instructions Page, and are subject to (1.) Transaction Reference Number, (2.) 7.5% VAT. We advise that you do not pay to any third party, nor any of the staff of IBR-Global Markets Ltd account(s). In the “PURPOSE OF PAYMENT” field, please strictly follow the instructions, otherwise funds might be returned and banking commission charged. You need to include your transaction reference in the field. DO NOT WRITE: DEPOSIT, FOREX, TRADING, INVESTMENT etc. Unless otherwise instructed with a written instruction.
23.1.2 You shall be responsible for any Costs and Charges and you agree that our pricing of FX Transactions will reflect such Costs and Charges that we could reasonably expect to incur in such provision of the Services.
23.1.3 If Costs and Charges are not incorporated in the pricing of an FX Transaction, you agree to pay IBR-GLOBAL MARKETS LTD, on demand, such Costs and Charges that we have properly incurred in relation to such FX Transaction. IBR-GLOBAL MARKETS LTD will be entitled to net such Costs and Charges against any payment due from IBR-GLOBAL MARKETS LTD to you under such FX Transaction.
23.1.4 You shall be responsible for payment of all taxes due and for the making of all claims in relation thereto.
[24.] Crypto Currencies Exchange
24.1In line with the Central Bank of Nigeria (CBN) directive on prohibition of dealing in Crypto Currencies and facilitating payments for Crypto Currencies Exchange, you are hereby notified that our platforms use does not support the buying and selling (Trading/Exchange) of Crypto Currencies.
24.1.1 I/We, hereby attest that my / our account (Portfolio) will not be used for any form of Cryptocurrency transactions. In the event of such transactions, please take this as an instruction to close my account (Portfolio) in line with the Cease & Desist order.
[25.] Brokers Verification
25.1 Provision of investment services and/or investment activities are regulated business activities. Please consult to the website of the supervisory authority of your broker before conducting business with the firm in order to ascertain that the entity is licensed. IBR-Global Markets Ltd conduct its business through regulated brokerage firms as either a Trading Client/or an Introducing Broker/ or an Asset Manager Client and trades on the Foreign Exchange Markets (“FX”) under the regulatory framework of each broker.
[26.] Fees, Commissions or Non-monetary Benefits That We May Receive or Pay
26.1 IBR-GLOBAL MARKETS LTD may pay or receive fees, commissions or non-monetary benefits to and from a company in the IBR-GLOBAL MARKETS LTD Group or other third party.
[27.] Confidentiality and Data Protection
27.1 I/ We (the data subject) hereby affirm that in line with the relevant laws on data protection with the Global Data Protection Regulation (GDPR).
27.2 I/ We consent to the collection and processing of my/ our personal Data/ Information in the absence of any fraud, duress, undue influence or coercion for the purpose of forming the basis of this business relationship and other necessary Data processing activities which may arise therefrom, including for the performance of the creation of a contract between myself/ us and IBR-Global Markets Limited.
27.3 I/ We affirm that I/ We have the requisite capacity under the law to consent to the collection and processing of my/ our Personal Data.
27.4 I/ We affirm that I am/ We are aware and take cognizance of my/ our right under the relevant Data Protection laws with the Global Data Protection Regulation (GDPR) which include the right to request for access, amendment, rectification or cancellation or destruction of my/ our Personal Data/ Information, the right to lodge complaint with the relevant authority as well as the right to object to the processing of my/ our Personal Data.
27.5 I/ We further consent to the processing of my/ our Personal Data (within or outside Nigeria), including transfer of my/ our Personal Data to any third party for reasons associated with the purpose for which the data is being processed, including but not limited to data collection, processing and storage.
27.6 Where permitted to do so, IBR-GLOBAL MARKETS LTD may from time to time use contact details that you have given us to provide you or your employees or those of any of your affiliates and subsidiaries with information about new services and promotions available from IBR-GLOBAL MARKETS LTD and Connected Companies and approved third parties by various means (including telephone, email, mobile messaging or other electronic communication) in accordance with your marketing preferences as notified to IBR-GLOBAL MARKETS LTD by you or your employees or those of any of your affiliates or subsidiaries.
[28.] Pre-trade and Post-trade Publications
28.1 I/ We agree and acknowledge that IBR-GLOBAL MARKETS LTD has obligations in respect of any pre-trade or post-trade information relating to the execution of any transactions and IBR-GLOBAL MARKETS LTD may use this information for its own commercial purposes.
[29.] Feedback and Complaints
29.1 Feedback: We welcome any feedback on the quality of the Services provided to you under this Agreement. If you do have any feedback, please discuss this with any of IBR-GLOBAL MARKETS LTD representative, or send an email to firstname.lastname@example.org.
29.2 Complaints: In the event that you have a complaint about the quality of IBR-GLOBAL MARKETS LTD’s service to you under this Agreement, you may speak to your usual IBR-GLOBAL MARKETS LTD representative or, alternatively, you can write to the IBR-GLOBAL MARKETS LTD Compliance Department at email@example.com Further details of the complaints- handling process, including information about our complaints management policy and the contact details of our complaints management function, are available on https://www.ibrglobalmarkets.com/complaint-policy-procedure/.
[30.] Know Your Client (“KYC”) Requirements
30.1 Our dealings with you will be covered by certain Applicable Laws relating to client identification and money laundering which may require us to seek further evidence and confirmation of your identity and the business that you propose to undertake with us.
30.1.1 In addition, where you act as an agent on behalf of one or more other persons, we may seek confirmation and/or evidence that appropriate evidence of the identity of such underlying clients has been obtained and recorded under procedures maintained by you.
30.1.2 If satisfactory evidence of your identity and/or the identity of any underlying client has not been obtained within a reasonable period, we reserve the right not to accept or process any Order or transaction in any Product, FX Transaction or Service or otherwise to cease to deal with you under this Agreement.
[31.] Termination of Transactions
31.1 Termination upon your request
31.1.1 You may request that we provide you with a quote for terminating a Transaction prior to the Settlement Date. Upon receipt of a request to terminate a Transaction, we may request further information from you, following which we will either: indicate that we are unable to provide a quote, or confirm the price for the relevant termination.
31.1.2 If we provide a quote to you in respect of any such request, it will be available for immediate execution only and we will be under no obligation to make such quote available to you on a continuing basis.
31.1.3 We are not obliged to provide a quote for termination of an FX Transaction and may decline to provide a quote at any time in our absolute discretion. You must therefore be prepared to remain in a Transaction until its Settlement Date.
31.1.4 Following receipt of a quote from us to terminate a Transaction, it is your responsibility to decide whether you wish to terminate such Transaction. If you decide you wish to do so, you may, prior to the expiry of that quote, instruct us to terminate such Transaction. An instruction from you to terminate a Transaction will be irrevocable and binding on you.
31.1.5 Such terminated Transaction will be settled in accordance with Cancellation and Refund Policy, and you will be responsible for any costs reasonably incurred by us in proceeding with the termination of such Transaction.
31.1.6 Where a Transaction is terminated, the Exit Cost will be calculated by us.
31.1.7 “Exit Cost” means a termination payment that is owed by you to us or us to you, as the case may be, as a result of the early termination of any Transaction. Following calculation of the Exit Cost, we will inform you of the Exit Cost that is owed by you to us or us to you, as the case may be, because of such termination whereupon such amount shall be due and payable. It may be that the current rate of exchange available to you as our customer has changed since you originally entered into the Transaction, such that the market value of the Transaction at the time that you request to terminate it is far less than the value of such Transaction at Order. In such circumstances, you would be required to pay a sum, which may be significant, to terminate such Transaction which reflects the costs and losses (including, but not limited to, any Hedge termination costs) we would incur in terminating your Transaction under the current market conditions as further described below.
[32.] Recovery of Liabilities, Losses and Costs
32.1 Any indebtedness or liability incurred by you to IBR-GLOBAL MARKETS LTD shall, in the absence of express written consent by IBR-GLOBAL MARKETS LTD to the contrary, be due and payable on demand.
32.2 All payments due to us under this Agreement shall be made free from, and without, set-off, withholding, counterclaim or deduction
32.3 Without prejudice to any other right we may have, we may set off any amounts due from you under any Transaction or otherwise related to this Agreement against any amounts owed by us to you, whether or not such obligations are arising under this Agreement, present or contingent and irrespective of the currency of such obligation. If the obligations are in different currencies, we may convert either obligation at its then prevailing selling spot rate of exchange.
32.4 Without prejudice and in addition to any general lien, right of set-off or other similar rights which IBR-GLOBAL MARKETS LTD may be entitled to exercise over any of your Transactions, monies or other property, your monies or other property shall be subject to a general lien in IBR-GLOBAL MARKETS LTD’s favor.
32.5 Insofar as there remain any outstanding amounts due from you to IBR-GLOBAL MARKETS LTD in relation to liabilities arising under this Agreement.
32.6 If you default in paying any amount by the Settlement Date, IBR-GLOBAL MARKETS LTD shall be entitled on such date to pay to the credit of, or as the case may be, debit to any account or accounts of yours with IBR-GLOBAL MARKETS LTD (or another member of the IBR-GLOBAL MARKETS LTD Group) the amount in question, together with any applicable interest and with or without the application of set-off, in the appropriate currency or, at IBR-GLOBAL MARKETS LTD’s option, the equivalent thereof (at current market rates determined by us in our sole discretion) in any other currency or currencies in which any balance on such account or accounts may then be denominated.
32.7 In addition to IBR-GLOBAL MARKETS LTD’s rights, IBR-GLOBAL MARKETS LTD shall have the right at any time without notice to set off and/or combine and/or consolidate all or any of your accounts maintained with IBR-GLOBAL MARKETS LTD (or another member of the IBR-GLOBAL MARKETS LTD Group) in such manner as IBR-GLOBAL MARKETS LTD may determine.
32.8 You agree to indemnify us against all losses, costs and demands arising directly or indirectly from the provision of the Services hereunder.
32.9 Nothing in this Clause restricts our ability to take legal or other action to recover the debts caused by the non-payment of amounts due to us by you, whether under this Agreement or otherwise.
[33.] Limitation of Liability
33.1 Nothing in this Agreement will exclude or limit any duty or liability that we may have to you does not allow to be excluded or limited.
33.2 Neither IBR-GLOBAL MARKETS LTD nor any of our directors, officers, employees or agents accepts any liability for any loss, costs, taxes or expenses suffered or incurred by you as a result of, or in connection with, the provision of the Services hereunder by us.
33.3 Where IBR-GLOBAL MARKETS LTD fails to take any action which in our opinion would breach a regulatory requirement or market practice, IBR-GLOBAL MARKETS LTD will not be liable to you.
33.4 In respect of any losses arising from any cause beyond our reasonable control and the effect of which is beyond our control to avoid or, any losses that we could not reasonably foresee when provided an instruction which we act upon, IBR-GLOBAL MARKETS LTD will not be liable to you.
33.5 In respect of any loss or damage to the extent that such loss or damage is indirect, consequential or special, IBR-GLOBAL MARKETS LTD will not be liable to you. This means that we will not be liable for various types of losses, including loss of: business, goodwill, opportunity, anticipated saving, or profit.
[34.] Representations and Warranties
34.1 You represent, warrant and undertake to us on the date that you enter into this Agreement and on each date that you place an Order or enter into any FX Transaction that:
34.1.1 You have taken into account and understand and accept the various risks associated with FX Transactions, including those set out on our Risk Disclaimer,
34.1.2 You understand that, we are offering Services pursuant to this Agreement and you have made your own independent decision to enter into this Agreement, place an Order or enter into a Transaction, including, but not limited to, whether a Transaction is suitable for you and whether a Transaction is appropriate or proper for your purposes, and you are not relying on any communication from us (oral or written) as investment advice or as a recommendation to place an Order or enter into any such Transaction under this Agreement,
34.1.3 All information provided by you or on behalf of you to us is true, accurate and not misleading and you will notify us as soon as possible in the event that there is a change to such information,
34.1.4 You have, and will comply with, all the necessary consents and authorizations and powers to enter into and perform your obligations under this Agreement and in respect of each Order or Transaction, and you have taken all necessary actions to authorize such execution and performance,
34.1.5 You will, on demand by IBR-GLOBAL MARKETS LTD, deliver to IBR-GLOBAL MARKETS LTD copies of (or evidence of) any relevant consents and compliance with Applicable Laws and regulations as IBR-GLOBAL MARKETS LTD may reasonably require from time to time,
34.1.6 If you are an individual, you have reached the age of 18 years old and have full capacity to enter into this Agreement, to place an Order or enter into a Transaction, and
34.1.7 If you have separate legal personality, you are duly constituted or organized and validly existing and in good standing under the laws of The Federal Republic of Nigeria.
[35.] Your Acknowledgements
35.1 In deciding whether to place an Order or enter into a Transaction pursuant to this Agreement, you acknowledge that you have considered and accepted that foreign exchange transactions carry risks, including, but not limited to, those set in this Agreement
[36.] Netting of Payment Obligations
36.1 If on any date, amounts would otherwise be payable in the same currency by you to us, and by us to you in respect of two or more Transactions, then, on such date, your obligation and our obligation to make payments of any such amount will be automatically satisfied and discharged and, if applicable, replaced by an obligation upon the Party by which the larger amount would have been payable to pay to the other Party the excess of the larger amount over the smaller amount.
37.1 If a currency relevant to an FX Transaction is withdrawn or redenominated into another currency, we may replace the currency affected by such event with the replacement currency and make such adjustments to the rate of exchange, in each case as determined by us, and you shall pay us the amount of any costs reasonably incurred by us in securing a sufficient amount of the replacement currency in the market, which shall be by reference to then prevailing market rates.
38.1 IBR-GLOBAL MARKETS LTD may at any time vary or qualify any one or more of the terms of this Agreement by written notice to you in good time before such variation or qualification where it is practicable to do so. Such revised terms will become effective on the date specified in such notice and shall apply to FX Transactions entered into after the effective date specified in such notice (unless otherwise required by law or regulation) and by continuing to enter into FX Transactions you are agreeing to any such variation, supplement or qualification.
[39.] Transfer and Assignment
39.1.1 You may not transfer or assign any of your rights or obligations under this Agreement without the prior written consent of IBR-GLOBAL MARKETS LTD.
39.1.2 IBR-GLOBAL MARKETS LTD may not transfer or assign any of its rights or obligations under this Agreement without your prior written consent.
39.2 Transfer within the IBR-GLOBAL MARKETS LTD:
39.2.1 IBR-GLOBAL MARKETS LTD may, at any time, transfer all or any part of its rights and/or obligations under this Agreement to a Transferee if it has given you reasonable notice of the transfer (unless it is impracticable to give you such notice).
39.2.2 Upon the effective date of the transfer as set out in the notice (or otherwise where it was impracticable to give you such notice): the rights and/or obligations of you and IBR-GLOBAL MARKETS LTD shall be transferred to the Transferee and you and IBR-GLOBAL MARKETS LTD will be released from further obligations to each other, and you and the Transferee will simultaneously acquire the same rights and assume the same obligations between yourselves as would have been acquired and assumed had the Transferee been an original party hereto instead of IBR-GLOBAL MARKETS LTD.
[40.] Contacting Us
40.1 Communications in relation to this Agreement and the Services under it shall be in English.
40.2 You may generally communicate with us as through your usual IBR-GLOBAL MARKETS LTD representative as follows: by post, personal delivery or in person at our registered office, by telephone, and where we agree, by email.
40.3 Where you are obliged to communicate in writing under this Agreement, you shall do so: by post or personal delivery to our registered office, or where we agree, by sending an email to an email address that we will provide you for the purpose from time to time.
40.4 Proving delivery: In either Party proving service or delivery of the relevant communication, it shall be sufficient to prove that it was correctly addressed and was posted or, where it was delivered otherwise than by post, that it was delivered to the correct address or, where it was sent by electronic means, that it was transmitted to the correct number or email address as last notified by the relevant Party.
[41.] Provision of Information
41.1 You agree that we may provide you with certain information disclosures in relation to the Services that we provide to you (whether addressed to you personally or addressed to all or some of our other clients) by way of a durable medium other than paper (such as by way of e-mail or a IBR-GLOBAL MARKETS LTD website notified to you).
[42.] Circumstances Outside of IBR-Global Markets Ltd.’s Control
42.1 IBR-GLOBAL MARKETS LTD shall not be in breach of this Agreement if there is, and shall not be liable or have responsibility of any kind for any loss or damage incurred by you as a result of, any total or partial failure, interruption or delay in performance of its duties and obligations occasioned by circumstances outside of IBR-GLOBAL MARKETS LTD’s control.
42.1.1 Such circumstances may include, but are not limited to, any act of God, fire, act of government, state, governmental or supranational body or authority or any investment exchange and/or clearing house, war, civil commotion, terrorism, failure of any computer dealing system, interruptions of power supplies, labour disputes of whatever nature or any other reason (whether or not similar in kind to any of the above) beyond IBR-GLOBAL MARKETS LTD’s control.
42.1.2 Should an event described above occur, IBR-GLOBAL MARKETS LTD shall have the right to terminate any Transaction affected by such event, subject to the terms of this Agreement.
[43.] No Waiver
43.1Our failure or delay in exercising any right, power or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise of that right, power or privilege or exercise of any other right, power or privilege.
[44.] Rights of Third Parties
44.1 Person who is not a Party to this Agreement has no right under the Contracts to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available.
44.2 The rights of the Parties to this Agreement to rescind or vary this Agreement are not subject to the consent of any other Person.
[45.] Rights and Remedies
45.1 The rights and remedies herein are cumulative and not exclusive of any rights or remedies provided by law.
[46.] Entire Agreement
46.1 This Agreement shall take effect from the date on which you accept it. The entire statement has the same legal power and have been provided ‘as is’, and supersedes any prior contemporaneous agreements, understandings, communications, offers, representations, warranties, or commitments by or on behalf of the Company (oral or written).
46.2 IBR-Global Markets Ltd makes no warranties of any kind regarding the entire statement, whether expressed or implied, including but not limited to, any implied warranty of immutability or completeness. Neither IBR-Global Markets Ltd nor its agents shall be liable to any person or corporate body with respect to any liability, loss or damage caused or alleged to have been caused, directly or indirectly, by the entire statement, even if advised of the possibility of such. This applies even if the damage is said to be special, incidental or consequential, and/ or the claim is based on contract, tort or any other legal theory.
46.2.1 Further to this, I/We waives all right of action or defenses I/We may have against the Company in connection with all matters contemplated herein, and shall further hold the Company free and harmless from any responsibility, liability, loss, litigation, damage, injury, claim, distress, action or proceedings (whether direct or indirect) which may be incurred, sustained, paid or made against IBR-Global Markets Ltd occasioned or in consequences of the Company’s operation.
[47.] Governing Law and Jurisdiction
47.1 This Agreement, and any non-contractual obligations arising out of or in connection with it, shall be governed by and construed in accordance with Nigerian law. Each of the parties to this Agreement irrevocably agrees that the Nigerian courts shall have exclusive jurisdiction to settle any suit, action or other proceedings relating to this Agreement, and irrevocably submits to the jurisdiction of such courts.
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