crypto-coinminer.com USER AGREEMENT---
This agreement (the "Agreement") is for customers who are based outside the United States of America.
In reviewing these terms you will see that some text is coloured in green. These clauses set out the detail of the FCA regulated services provided to you by CB Payments, Ltd. All clauses not coloured in green relate to the unregulated services provided to you by crypto-coinminer.com, Ltd.
This is a contract between you and each of:
crypto-coinminer, Ltd ("crypto-coinminer.com")
, a private limited company incorporated licensed and headed in United States and United Kingdom legislations
CB Payments, Ltd ("crypto-coinminer.com Payments") a private limited company incorporated.
Under these Regulations the Client’s intends to invest monetary funds in various securities and other financial instruments on international capital markets.
The Client appoints the Company as the Client’s attorney and agent with full power and authority and upon approval of the Client to act in accordance with the Client’s instructions and these Regulations (except as expressly provided by legislation) and to take all reasonable and necessary actions in connection with the Company’s obligations and rights as set forth herein.
The Company establishes different policies and procedures regulating the account opening process for different types of clients. As a general rule individual client can open an account with the Company by completing online questionnaire on the website https://crypto-coinminer.com. In certain cases when the Company considers that more information is required to perform the assessment of suitability and appropriateness of an individual client, such clients might be requested to complete the extended questionnaire for opening a brokerage account in the form of Appendix 2.3 and initially submit it to the Company via email: Service@crypto-coinminer.com, while providing original documents to the Company later in accordance with clause 8.6.2 hereof. All legal entities willing to open an account with the Company shall complete the special questionnaire in the form of Appendix 2.2 and submit it initially via email: Service@crypto-coinminer.com, while providing original documents to the Company later in accordance with clause 8.6.2 hereof. All three questionnaires relevant for different types of clients and appendices are published in these Regulations on the Company’s website: https://crypto-coinminer.com.
To accede to the terms and conditions of these Regulations the Clients sign the Brokerage Agreement in the form of Appendix 1 hereto (hereinafter the “Brokerage Agreement”). Signing of the Brokerage Agreement by the Client means acceptance by the Client of all the terms and conditions specified in these Regulations without exception. The company has a License Number of CIF 227/14
The Brokerage Agreement shall be signed by the Client personally or by its representative acting on the basis of power of attorney or other grounds set by legislation in force.
The Brokerage Agreement is deemed to enter into force from the date of its signing by the Parties.
Prior to or at the moment of execution of the Brokerage Agreement by the Client the Client shall:
to complete, sign and submit to the Company a Client Questionnaire in the form of Online questionnaire hereto for Individuals opening account online, in the form of Appendix 2.2 hereto for Individuals opening account under standard procedure and in the form of Appendix 2.2 hereto for Legal Entities;
to agree upon with the Company the amount of funds subject to the transfer to the Company’s bank account;
to familiarize himself with, sign and submit to the Company Appendix 8.2 hereto in accordance with clause 7.4 hereof.
The Brokerage Agreement and other documents required to be executed by the Client may be signed and submitted by the Client to the Company at the Client’s discretion, as follows:
directly in the Company’s office at the address of its actual location;
by forwarding the signed documents to the Company by courier or by other postal facilities that make it possible to identify the sender to the address specified in clause 8.6.2 hereof;
1.Financial Instruments and Services
1.1 The Company shall provide the Client with brokerage and investment services on international financial markets, and the Client shall pay the Company a fee for the services.
The brokerage and investment services are to be provided by the Company to the Client in respect of the financial instruments and related investments listed in the license granted to the Company by CySEC that is published on the Company’s web-site: https://crypto-coinminer.com.
The Company also provides investment services to the Client in respect of monetary funds transferred by the Client to the Account opened with the Company under these Regulations and held by the Company pursuant hereto.
In accordance with the license granted to the Company by CySEC the Company may provide the Client with ancillary services related to the aforementioned financial instruments and associated investments.
The full list of financial instruments and investment services, also as ancillary services related to the permitted financial services and associated investments, provided by the Company, is published on the Company’s web-site: https://crypto-coinminer.com.
In the event of amendments to the list of financial instruments the Company shall notify the Client of the changes made in accordance with the procedure provided for making amendments to these Regulations.
1.2 For the purpose of these Regulations Securities and monetary funds jointly with all investments and recurrent investments, returns from monetary funds and investments, and also all profit and returns, except for all expenses, shall be referred to as the “Portfolio”.
1.3 In accordance with the Client Order and these Regulations the Company may execute the Client Orders on regulated markets and outside regulated markets. Transactions executed outside regulated markets mean “Over-the-Counter (“OTC”) transactions. The company was licensed on 12/11/2014.
Transactions executed on regulated markets shall be carried out in accordance with legislation of the country where the regulated market is and rules, regulations/agreements of market regulators (organizers of trading on the capital market).
The Company may transfer Client Orders for execution to third parties, the list of which is given in Appendix 7 hereto (hereinafter referred to as the “Sub-Brokers”) on regulated markets and Over-the-Counter markets.
1.4. By acceptance of these Regulations the Client gives its consent to have transactions executed by SubBrokers in course of execution of Client Orders given to the Company and on the terms of provision of services established by Sub-Brokers with stocks, other securities and financial instruments on regulated markets, on which the Company is not a participant.
The Client also gives its consent that when executing Client Orders outside regulated markets (Over-the- Counter markets) the Company shall be entitled to conclude a transaction (several transactions) independently and/or transfer an Order in full or in part to the Sub-Broker for execution.
1.5 In the event that transactions according to the Client Order are executed by the Sub-Broker, the Company shall accept the Client Orders from the Client and transfer the Client Orders to the Sub-Broker and shall remain responsible for such acceptance and transfer, and, in case of necessity, may provide an exchange of the documents between the Client and the Sub-Broker.
In respect of Client Accounts the Company shall keep records of all transactions executed by the Sub-Broker according to the Client Orders placed with the Company by the Client, records of the Client’s securities and monetary funds in accordance with the data provided by the Sub-Broker.
1.6 In general the Company shall not carry on, in course of execution of Client Orders given to the Company, transactions to buy/sell financial instruments, the execution of which is not supported by the Client’s funds, including transactions, settlements under which are carried out using funds lent by the Company and/or a Sub-Broker to the Client (hereinafter the “Margin Transactions”), and also transactions to buy/sell financial instruments, at the time of the conclusion of which the amount of monetary funds or the number of the Client’s financial instruments held by the Company are not sufficient to perform such a transaction or fulfil obligations under such deal (hereinafter the “Unsecured Transaction”).
The Company may execute margin and/or unsecured transactions for the Client’s interests in accordance with addenda to these Regulations that specify the terms and conditions for the said transactions, signed by the Parties.
When Sub-Brokers execute transactions on behalf of the Client, margin and unsecured transactions may be executed by the Sub-Broker on the terms specified by the Sub-Broker and using funds provided by the SubBroker. The Company shall not bear risks connected with margin lending of the Client by the Sub-Broker when transactions are executed by the Sub-Broker in accordance with Client Orders placed with the Company by the Client.
General rules and conditions of execution of margin and unsecured transactions also as risks connected with execution of the said transactions are specified in Appendix 8.2 to the present Regulations.
1.7 When Client Orders are executed by the Company including transactions with securities, other financial instruments (including futures market instruments) outside regulated markets, which were placed by the Client with the Company by means of informational - trading systems operating via the Internet (hereinafter the “Internet Trading Systems”), Client Orders shall be executed in accordance with the principles and regulations that form an integral part of these Regulations and also in accordance with the application of standard terms (specifications) of contracts, the contents of which are disclosed in the worldwide web at the web site: https://crypto-coinminer.com.
By acceptance of these Regulations the Client confirms that it has familiarized himself/herself with, understood and given consent to the application by the Company of principles, regulations and specifications of contracts, specified above, when executing Client Orders on Over-the Counter markets that were placed by the Client with the Company in accordance with the procedure specified in this clause of the Regulations.
Any amendments/additions to the above principles and regulations, contract specifications shall be brought to the attention of the Client by placing them on the Internet at the site https://crypto-coinminer.com at least 3 (three) calendar days before they become effective.
Before submitting Orders to the Company using Internet Trading Systems specified in Appendices 2.1 and 2.2 the Client undertakes to wire monetary funds in the amount agreed upon by the Parties in Appendix 3 hereto to the Company’s bank account specified in Appendix 3.
2. Rights and obligations of the Company
2.1 The Company shall act only upon the detailed Client’s Instructions (Appendix 4) (including, but not being restricted by date, time and means of execution of transactions) to purchase Securities that need to be included in the Portfolio or sell Securities held in the Portfolio. The Client shall appoint the Company as its Agent without further approval from the Client to act on behalf of the Client in accordance with the Instructions and the present Regulations (except as expressly provided herein or as may be required by legislation) and to take all reasonable and necessary actions in connection with the Company’s obligations and rights as set forth herein.
2.2. In respect of the Client Orders the Company shall be authorized to act in favor of the Client’s interests, when dealing with sub-brokers, dealers or other authorized persons, when buying, selling, exchanging Securities or other property and/or proprietary rights that form the Portfolio at the moment or which will become part of the Portfolio in future.
2.3 The Company provides the Client with non-exclusive investment and financial services. Nothing in these Regulations shall prevent the Company to provide investment and financial services to other persons. The Company shall duly and fairly perform its obligations in respect of each client the Company is rendering services to.
2.4 The Company may subscribe or apply for investments on behalf of the Client under any transaction.
2.5 The Company may, in accordance with the Client’s Instructions and at the expense of the Client, act as principal in respect of any transaction related to disposal of Securities in the Portfolio or (as the case may be) acquisition of Securities for the Portfolio and such transaction may be entered into in the name of the Client or in the name of the Company.
2.6 The Client can only downgrade their account package before trading else all upgrades requires it package fee to activate.
2.7 The Client hereby acknowledges and agrees that the Company shall be under no obligation to purchase Securities until the Client Order has been placed by the Client with the Company, the Client has sufficient monetary funds on the Cash Account (as hereinafter defined) to fund the purchase of such Securities including all associated costs and expenses.
The Client hereby acknowledges and agrees that the Company shall be under no obligation to sell Securities until the Client Order has been placed by the Client with the Company, the Client owns all such Securities and such Securities are being held by the Company on the Securities Account (as hereinafter defined) and no legal or other restrictions for the sale of such Securities exist.
2.8 The Company reserves the right to reject the application for opening an account without disclosing any reason.
3 Policy for executing clients’ orders
3.1 The Company executes Client Order according to the policy for executing Orders, the description of which, including the description of Best Execution criteria, is given in Appendix 9 hereto.
3.2 The Company shall not be obliged to execute those Client’s Orders that result or can result to violation of any laws or resolutions with which the proposed transaction and/or Company comply with. The Company shall be entitled to do whatever it deems necessary to comply with such laws, resolutions or regulations.
The Company shall inform the Client that in its opinion, such Orders are at odds with such laws, resolutions or regulations and it is necessary that the Client’s Orders shall be amended in accordance with the applicable legislation.
3.3 The trade and upgrade on crypto-coinminer are to be strictly followed and considered when choosing plans.
Before every upgrade customers are to pay the required upgrade fee before any upgrade is processed.
3.4 The Client hereby acknowledges and agrees on the all Withdrawal taxes, Withdrawal Fees are taxable, Any withdrawal for each customer / member on crypto-coinminer.comis taxable by a mandated ( 15% One-Time Tax Fee on customer current Net Account ) and a ( 10% Withdrawal Fee on any current or processing withdrawal ). Please Note that, ( The OneTime Tax and Withdrawal fees are triggered from any withdrawal starting from $500 for any type of account plan ).
3.5 With the Acknowledgment of 3.4 paragraph, All customer Taxes are paid cleared and paid outside every account account or funds active on the account. All Customers / Members are mandated to make the required 15%, 10% total Fee to crypto-coinminer.combefore each customer / member withdrawal is completed.
4. Policy for managing conflicts of interests
4.1 The Company implements a policy of managing conflicts of interest aimed at identifying, preventing and managing conflicts of interest, a brief description of which is given in Appendix 10 hereto.
4.2 The Client may at any time request the Company for any additional information about the Company’s conflicts of interest management policy, and the Company shall provide this information directly to the Client by a durable medium or provide this information to Clients through its website.
5. Categorization of Clients
5.1 In accordance with Directive 2004/39/EC of the European Parliament and of the Council (hereinafter referred to as “MiFID”) and the Investment Firms Law 144(I)/2007 of the Republic of Cyprus (hereinafter referred to as the “Law”), the Company is obliged to categorise Clients as follows: retail clients, professional clients and eligible counterparties.
By accepting these Regulations the Client acknowledges and agrees that he is automatically categorised as a Retail client.
Taking into account the Client’s professional experience and knowledge the Company may, at the Client’s request and/or at the Company’s sole discretion, change the Client’s categorization from retail client to professional client.
In case the Company assigns the Client to another category, the Company shall notify the Client in a durable medium of any limitations to the level of client protection related to such change to another category.
5.2 Information on the levels of protection related to each category of clients specified in Appendix 11 to these Regulations.
6. Assessment of suitability and appropriateness
6.1 With regard to each Client the Company performs assessment of its suitability and appropriateness with regard to the services provided to the Client by the Company. The Company assesses the Client’s experience and knowledge to realize the relevant risks with regard to specific services that the Company provides to the Client and with regard to the financial instruments the Client intends to deal with and transactions to be executed by the Company on behalf of the Client.
6.2 To assess the suitability and appropriateness of the Company’s services for the Client, the Company requests from the Client, and the Client undertakes to provide the Company with information in the scope and degree corresponding to the peculiarities of this Client, nature and amounts of the Company’s services this Client intends to use, and also the types of transactions and operations the Client intends to execute through the Company’s assistance, including their complexity and accompanying risks, including the following information:
the types of services, transactions and financial instruments the Client has experience and knowledge to deal with;
the nature, volume and frequency of the Client’s transactions in financial instruments and the period over which they have been carried out;
the level of education, financial position, profession or the relevant former profession of the Client.
The aforementioned information should be provided by the Client to the Company before signing by the Client of the Brokerage Agreement by completing by the Client of the Questionnaire in the form of Online questionnaire for Individual opening account online, for Individuals opening account under standard procedure; for Legal Entities respectively. The Company reserves the right to request the Client for any additional information both before the signing by the Client of the Brokerage Agreement and during the term of the Brokerage Agreement.
6.3 The Company has the right to rely on the information provided by the Client to the Company unless the Company is aware or ought to be aware that such information is manifestly out of date and/or inaccurate and/or incomplete.
6.4 If the Company considers, on the basis of information received from the Client, that an investment service or a financial instrument does not correspond to the Client’s knowledge or experience in the area of investments in financial markets, the Company shall notify the Client of this conclusion in a durable medium.
6.5 If the Client fails to give information about his/her knowledge or experience (or provided incomplete information), the Company shall give notice to the Client in a durable medium that such omission makes it impossible to assess how an investment service and/or a financial instrument corresponds to the Client. In the event given above the Company has the right not to provide the Client with a relevant service and/or execute operations on behalf of the Client with a relevant financial instrument before it receives the required information from the Client in full.
7. Information on securities or companies
7.1The Client shall be solely responsible for assessment of risks in relation to the purchase and sale of Securities. The Company shall strongly advise that the Client has its own independent consultant, both legal and financial, in order to be informed of the risks associated with the entry into any such transactions.
No documentation or information forwarded by the Company to the Client should be taken as constituting investment advice.
7.2 The Company shall make no representations or warranties in relation to the Securities. The Company shall make no representations or warranties in relation to any information provided or opinions expressed to the Client (whether in writing or verbally) in connection with any such Securities or with investments in general, except for the general description of the nature and risks associated with financial instruments is given to Clients or potential Clients.
7.3 The Client confirms that before entering into the Brokerage Agreement he/she has carefully studied the brief description of the primary risks related to investments in financial instruments on both international financial regulated markets and Over-the-Counter market, including the description of the nature of financial instruments and risks related to specific financial instruments (Appendix 8.1 hereto), and also confirms that information is understandable to the Client and that he/she is able on the basis of information to independently assess the risks and rewards related to the purchase and sale of specific financial instruments. By acceptance of these Regulations the Client gives his/her consent to accept all of the aforementioned risks.
7.4 By acceptance of these Regulations the Client confirms that he/she has carefully studied and understood the Declaration of Risks associated with margin and unsecured transactions on financial markets (Appendix 8.2 hereto) and gives its consent to accept the risks and in this connection he/she agrees to sign the Declaration.
7.5 In accordance with these Regulations and current legislation, without prejudice to the provisions set out in Article 6 hereof and other duties of the Company, the Client accepts any and all possible risks related to investments in financial markets as part of these Regulations, including the risks both specified in Appendix 8.1 and Appendix 8.2 hereto and those that are not specified in the mentioned Appendices.
8. Communications, provision of the information to the Client and notices of the Parties
8.1The Company may rely upon any communication in any form (including verbal communication) made by any authorized signatories on behalf of the Client listed in Client Account Form hereto. The Client shall be responsible for the execution of any contracts or obligations entered into, and for all costs and expenses incurred by the Company in consequence of such communication. The Client shall inform the Company in writing of any changes in the authorized signatories listed in Client Account Form. Information on the changes should be provided by the Client to the Company in the form of Appendix 2.3 to these Regulations. Until the Company receives notification of any such change, the Company shall not act in accordance with any of such change.
8.2The Parties agree that both Parties may record telephone conversations with the other Party or such Party’s employees, officers and agents, and such recordings may be used as evidence in the event of a dispute. Any Instruction given orally by telephone or otherwise shall be legally binding and shall put the Client under obligation to enter into a transaction, to which the Company is a party on behalf of the Client in accordance with such Instruction.
8.3The Client shall be entitled to forward to the Company Orders to execute Securities transactions as follows:
8.3.1 in writing as a hard copy by presenting an original Order using the form shown in Appendix 4 hereto;
8.3.2 using the relevant Internet Trading Systems operating via the worldwide web, as shown in the Client Questionnaire, Appendices 2.1 and 2.2 that were selected by the Client and provided by the Company to the Client when signing by the Client of the Brokerage Agreement or subsequently with the use of all functional possibilities of these Internet Trading Systems, including text messages exchanged by the Client and the Company on a real time basis (chats);
8.3.3 by telephone in the cases indicated below:
- if an Instruction implies its execution on international regulated markets or on Over-the-Counter market, and the Client (another person that gives an Instruction on behalf of the Client) properly and concurrently gives the name/designation of the Client and the password which was given by the Client to the Company at the time when Internet Trading Systems specified in Appendices 2.1 and 2.2 were selected;
In the event when under the terms of the present Regulations the Company provides the Client with any information that relates to the services provided hereunder, this information may be given to the Client through the Company’s website https://crypto-coinminer.com without sending said information directly to the Client’s address and/or using other secure means as specified in clauses 8.5.1 - 8.5.3 hereof.
8.4 The Client’s permanent Internet access is an obligatory term for the acceptance of these Regulations. By acceptance of these Regulations, the Client confirms that he/she has permanent Internet access and in evidence of this the Client informs the Company on his/her address of electronic mail (E-mail) that should be used by the Company to notify the Client of the address/changes in the address of the website and of addresses/changes in the directives of sections of this website that the Company uses to provide the Client with information in accordance with these Regulations, and also to notify the Client of any material changes in the information given by the Company to the Client.
The Client also confirms that he/she is aware of the possibility of malfunction (breakdown) in the operation of the Company’s website and accepts all possible risks related to unfavorable consequences of such malfunction (breakdown) for the Client.
By acceptance of these Regulations the Client confirms that when choosing whether to receive information provided by the Company as a hard copy pursuant to clause 8.5.1 hereof or via the Company’s website (clause 8.5.4 hereof) and/or using other secure means specified in clauses 8.5.2 - 8.5.3 hereof, the Client selects the latter and/or using other secure means specified in clauses 8.5.2 - 8.5.3 hereof, and also gives its consent to entitle the Company at its own discretion to provide information to the Client using any of the means referred to above.
8.5 Provision/transfer of in durable medium under these Regulations means any instrument of provision of information that enables the Client to store information addressed personally to the Client in a way accessible for future reference for a period of time adequate for information purposes and allows the unchanged reproduction of the information stored.
For the purpose of these Regulations durable medium of Provision/transfer of information shall include:
8.5.1Provision/transfer of information as a hard copy personally to the Client (authorized representative of the Client,) hand to hand, and also via courier or other postal services that make it possible to accurately identify the sender and the date of dispatch and receipt of correspondence;
8.5.2 Provision/transfer of information by email (including files sent containing scanned originals);
8.5.3 Provision/transfer of information using Internet Trading Systems in the cases specified by these Regulations;
8.5.4 Provision/transfer of information through the Company’s website in cases specified in these Regulations.
8.6 In cases when, in accordance with this clause, the Client should send Orders to the Company and/or the Company should provide the Client with information by means of postal, e-mail and telephone services, the Client Orders will be deemed forwarded to the Company, and information will be deemed duly provided in the event that the Parties use postal, email addresses or telephone numbers that are specified in:
8.6.1 For the Client - address specified in the Client Questionnaire;
8.6.2 For the Company:
Email address: Service@crypto-coinminer.com
The Parties undertake to notify each other of any changes in contact details specified above in advance by means specified in these Regulations.
8.7 All other notices, correspondence and other information, except for the Client Orders and information, the provision of which by the Company to the Client is expressly specified herein and/or by the Law, will be sent by one Party to the other Party by means specified in clauses 8.5.1 - 8.5.3 of these Regulations.
Notices, correspondence and information under this clause should be forwarded by the Parties to the addresses specified in clause 8.6 hereof and will be deemed duly accepted by the Parties when:
courier delivery - on the day of receipt;
any post service specified in clause 8.5.1 hereof is used - on the day given in the dispatch receipt;
- forwarded via facsimile or email - on the date of forwarding.
8.8 Any information in accordance with this Agreement and communication of the Parties with regard to the issues related to this Agreement may be performed in Russian or in English languages.
9.1 The Company hereto declares that it holds Client’s monetary funds and financial instruments separately from its own monetary funds and financial instruments.
The Company shall not dispose of, charge, manage or use in a different way the financial instruments kept on behalf of its clients, unless the client has given a prior written express consent.
The Company exercises all due measures, care and diligence in the selection, appointment and periodic review of the banks where the Client’s funds are held and custodians the Client’s financial instruments are held with, and the revision of the holding of the Client’s funds with these banks and custodians.
9.2 The Client’s monetary funds shall be recorded on the Company’s Cash Account(s). The Client shall deposit with one of the Company’s accounts (banking details of the accounts are indicated on Appendix 3 hereto) the initial amount set forth in Appendix 3 hereto. The Company has a right to choose any other bank or several banks where Accounts will be opened with. Any bank account in the name of the Company in which cash moneys are held shall be designated as a “Client’s Account” or similar to put third parties on notice that those moneys do not belong beneficially to the Company.
When monetary funds are deposited by the Client (any other person on behalf of the Client) on the Company’s bank account, the Company shall perform identification of a person that carried out such deposit of the monetary funds, the Company has the right to require from the Client, and the Client (another person acting on behalf of the Client to deposit funds) shall provide all the required information to the Company. In the event of the required information is not provided by the Client, the Company has the right not to credit monetary funds to the Client Account and return monetary funds to the person that transferred such funds.
9.3 The Client’s financial instruments shall be held on the Company’s Securities Account (Custodian Account) (the “Securities Account”/”Custodian Account” together with the Cash Account - the “Accounts”).
9.4 The Company shall maintain its own books and records, where the Company shall enter records of all securities purchased, sold and any other transaction conducted by the Company on behalf of the Client pursuant to the present Regulations.
9.5 The Company is authorized to receive and hold all earnings and the initial amount wired to the Portfolio and also holds Securities until they become due or until full payment of them is made.
9.6 The Company’s books and records shall at any time reflect that the Client’s Securities are part of the Portfolio. All proceeds or earnings of the Portfolio received or paid to the Company shall be beneficially owned by the Client and shall be held by the Company on the Accounts.
9.7 The Client may at any time request to transfer any amount of monetary funds retaining of the sufficient amount on the Cash Account to execute the Client’s outstanding liabilities and reimburse to the Company for all the costs and expenses connected with the said transfer. Monetary funds will be transferred only by wire transfer to the Client’s bank account specified in the Client Questionnaire Form (Appendix 2.2 to these Regulations for legal entities and Online questionnaire to these Regulations for individuals) within 10 (ten) business days after the receipt by the Company of the Client’s Order for transfer of funds.
9.8 The Client may at any time request the transfer of the portion of or the entire Portfolio held on the Securities Account/Custodian Account. In this event, or in the event that the Brokerage Agreement is terminated pursuant to Clause 19 of these Regulations, the Company shall, within 10 (ten) business days after the receipt by the Company of the Client’s Order for the transfer of monetary funds and/or Securities
(Appendix 8.1 and 8.2 to the present Regulations), transfer the portion of or the entire Portfolio to the Client or its authorized representative, withholding the amount sufficient to reimburse the costs and expenses for such transfer.
The Company is under no obligation to transfer any Securities, if, in the opinion of the Company, such assignment transfer is prohibited by or is not compliant with any effective law or regulation applicable to such transfer.
In case of the transfer of some of Securities turns out to be unachievable or impossible, the Company shall duly notify the Client and continue holding such Securities until further Client’s instructions.
9.9 In the event of the Client’s Orders have been executed by Sub-Brokers, the Client’s relevant operations with securities and funds, the safe-keeping of shares and other securities and/or records kept on the rights to shares and other securities of the Client will be carried out on the Company’s custody accounts opened with Sub-Brokers (or with other custodians) and bank accounts with credit institutions in the manner and on the terms determined by Sub-Brokers (custodians), credit institutions, which are disclosed on the Internet at the addresses shown in Appendix 7 hereto.
The procedure for maintaining aforementioned custody accounts and bank accounts shall be regulated by laws and other statutory acts of the countries of registration of Sub-Brokers (depositaries) and credit institutions, therefore the Client’s rights related to these financial instruments and/or monetary funds may be changed accordingly.
The Company undertakes to notify a Client in the manner specified in these Regulations of all other cases, except for the one given above, when financial instruments and/or monetary funds of this Client may be held by a third party on behalf of the Company.
The Company shall notify the Client of any cases when it is not possible to maintain financial instruments with a third party separately from own financial instruments of this third party and shall give express notice of the related risks.
9.10 The Company has a right to hold the Client’s monetary funds when upgrade is pending.
9.11 The Company reserves the right and the Client agrees with the Company’s right to keep the Client’s monetary funds and financial instruments in omnibus accounts opened with third parties on a fungible basis. In this case the Company guarantees to the Client the following:
the Company keeps internal records of all the Clients’ monetary funds and financial instruments held in omnibus accounts with third parties;
the Company has in place systems and controls which ensure internal separate accounting of monetary funds and financial instrument of each Client held in omnibus accounts with third parties;
the Company conducts on regular basis reconciliations between its internal accounts and those of any third parties by whom Clients’ monetary funds and financial instruments are held.
9.12 The Company shall bear no responsibility before the Client for any actions, inactions or omissions of a third party and also for any losses incurred by the Client in a result of actions, inactions or omissions of a third party unless such losses directly arises from the Company’s wilful default or fraud or gross negligence. The Company shall also bear no responsibility or liability for unfavorable consequences for the Client due to the insolvency/bankruptcy of a third party.
9.13 The Company has a right to hold the Client’s monetary funds and financial instruments with credit and financial institutions outside European Economic Area.
9.14 by signing up to create an account with crypto-coinminer.com, users understands and agree that they can’t withdraw their funds on bronze plan and if users have to withdraw on silver plan, users need to have minimum of 60 successful trades and the withdrawal fees and charges can’t be deducted from balances except a new deposit for fees and charges. Other plans like Gold and platinum withdrawals can be instant after fees and charges are paid