This document is a template prepared for review. It must be reviewed, completed and approved by qualified legal and compliance professionals for each jurisdiction in which services are offered before publication. Bracketed items are placeholders.
1. Parties and Scope
This Client Agreement (the "Agreement") is between [LEGAL ENTITY NAME], trading as JDGlobalFX, a company incorporated in [COUNTRY OF INCORPORATION] with registration number [COMPANY REGISTRATION NUMBER] and registered office at [REGISTERED ADDRESS] ("we", "us", "our"), and the person or entity whose account application we have accepted ("you", "your"). [LEGAL ENTITY NAME] is [REGULATORY STATUS STATEMENT] and, where applicable, is authorised and regulated by [REGULATOR] under licence number [LICENSE NUMBER].
This Agreement, together with the policies and schedules published in our legal centre (the "Associated Documents"), forms the entire agreement between us. By submitting an application you confirm that you have read, understood and accept them.
2. Services
We provide execution-only dealing services in contracts for difference (CFDs) and such other products as we make available (the "Products"). We act as principal and are your counterparty in every transaction. We do not provide investment advice, and we do not manage your account or trade on your behalf unless a separate written agreement is in place.
3. Account Opening
3.1 Application
To open an account you must complete our application, provide the information and documents required for identity verification and customer due diligence under our AML/KYC Policy, and complete an appropriateness assessment. We may decline any application without giving reasons.
3.2 Representations
You represent and warrant on a continuing basis that:
- you are at least [MINIMUM AGE] years old and have full legal capacity;
- you are not resident in a jurisdiction listed in [RESTRICTED COUNTRY LIST];
- all information you provide is accurate and complete, and you will notify us of changes;
- you act on your own behalf, and funds you deposit are your own and lawfully obtained; and
- you have read the Risk Disclosure and understand the risks of trading the Products.
3.3 Appropriateness
We assess whether the Products are appropriate for you based on the information you provide. If we consider they are not, we will warn you; proceeding after such a warning is at your own risk.
4. Client Classification
We classify you as a retail client, professional client or eligible counterparty in accordance with [CLIENT CLASSIFICATION RULES]. Unless notified otherwise, you are treated as a retail client. You may request a different classification as described in our Professional Client Information document.
5. Orders and Execution
5.1 Placing orders
You may place orders through the trading platform or other channels we make available. We may act on any instruction we reasonably believe was given using your credentials.
5.2 Execution
Orders are executed in accordance with our Order Execution Policy. Execution prices may differ from displayed prices as a result of market movement, and slippage may be positive or negative.
5.3 Refusal and cancellation
We may refuse or cancel an order, or restrict trading in any instrument, where we reasonably consider it necessary, including where the order would breach applicable law, position limits or this Agreement, or in abnormal market conditions.
5.4 Manifest errors and prohibited practices
Where a transaction is executed at a manifestly incorrect price because of an obvious pricing error or system malfunction, we may void or amend it, acting reasonably and in good faith. You must not exploit pricing latency, platform errors or delayed feeds, or engage in market abuse; we may void affected transactions and terminate this Agreement where such practices are identified.
6. Margin and Close-Out
You must maintain sufficient equity to cover the margin requirement for all open positions. Margin requirements are published on the platform and may be changed at any time, including without notice in volatile conditions.
If your account equity falls to or below [MARGIN CLOSE-OUT LEVEL]% of the required margin, we may close some or all of your open positions without notice, starting with [CLOSE-OUT ORDER OF PRIORITY]. Margin-call notifications, where provided, are a courtesy only.
The extent to which your liability is limited to the funds in your account is governed by [NEGATIVE BALANCE PROTECTION ARRANGEMENT]. Where no such arrangement applies to you, you remain liable for any deficit.
7. Fees and Charges
You agree to pay the spreads, commissions, overnight financing, currency-conversion charges, inactivity fees and other charges set out in [FEE SCHEDULE], as amended from time to time. Charges may be deducted from your account automatically. You are responsible for any taxes arising from your trading.
8. Deposits and Withdrawals
Deposits and withdrawals are governed by our Client Funds Policy. Withdrawals are returned to source, we do not accept payments from or make payments to third parties, and requests are processed within [NUMBER OF BUSINESS DAYS] business days subject to verification and available free margin. Client money is held in accordance with [CLIENT MONEY RULES / ARRANGEMENT].
9. Dormant Accounts
An account with no trading activity for [DORMANCY PERIOD] is treated as inactive and may be charged [INACTIVITY FEE] per [PERIOD] until the balance reaches zero. Accounts inactive for [ARCHIVE PERIOD] may be archived and any balance dealt with under [DORMANT BALANCE TREATMENT].
10. Conflicts of Interest
We act as principal and may profit from your trading losses. We manage this and other conflicts in accordance with our Conflicts of Interest Policy.
11. Communications and Records
We record telephone calls and electronic communications relating to orders and retain them for [RECORD RETENTION PERIOD]. Trade confirmations and statements are made available through the platform and are deemed accepted unless you object within [STATEMENT OBJECTION PERIOD].
12. Liability and Indemnity
Nothing in this Agreement excludes liability that cannot be excluded under applicable law or the rules of [REGULATOR]. Subject to that, we are not liable for loss arising from market movements, from events beyond our reasonable control (including third-party outages, connectivity failures and force majeure), or from your reliance on information we provide, nor for indirect or consequential loss. You indemnify us against losses arising from your breach of this Agreement.
13. Events of Default and Termination
We may, without notice, close positions, suspend the account, refuse orders or terminate this Agreement if you breach it, become insolvent, are subject to a sanctions designation, provide false information, are suspected of financial crime or market abuse, or if required by law. Either party may otherwise terminate on [TERMINATION NOTICE PERIOD] written notice. On termination we may close open positions at prevailing prices, deduct amounts owed to us, and return the balance in accordance with the Client Funds Policy.
14. Amendments
We may amend this Agreement and the Associated Documents on [AMENDMENT NOTICE PERIOD] notice, or with shorter or no notice where required by law, regulation or market conditions. Continued use of your account after the effective date constitutes acceptance.
15. Complaints
Complaints should be submitted in accordance with our Complaints Handling Policy to [COMPLAINTS EMAIL]. If you are not satisfied with our final response you may, where applicable, refer the matter to [EXTERNAL DISPUTE RESOLUTION BODY].
16. General
We process personal data in accordance with our Privacy Policy. If any provision is unenforceable, the remainder continues in effect. We may assign this Agreement to [PERMITTED ASSIGNEE CATEGORY] on notice; you may not assign it without our consent.
17. Governing Law and Jurisdiction
This Agreement is governed by the laws of [GOVERNING LAW JURISDICTION]. The courts of [COURT JURISDICTION] have [EXCLUSIVE / NON-EXCLUSIVE] jurisdiction, without prejudice to any mandatory rights you have under the laws of your country of residence.