Public Agrement

last edited: 05.12.2010

Public agreement between FxCash.ru service portal (hereinafter "SERVICE") and user who opened account for accruals on the stated site (hereinafter "CLIENT").

1. DEFINITIONS USED IN THIS AGREEMENT
1.1. Terms and definitions applied in this Agreement are used in their following meaning:
Foreign exchange market (forex) – complex of mutual exchange processes of freely convertible currency.
Dealing centre (broker) – a trade representative, a legal entity, a professional party of currency transactions market authorized for transactions with securities on behalf of the client and at its expense.
Currency transactions (trade transactions) – processes connected with actions of purchase, sale and conversion of monetary units of different issuers.
Client of dealing centre (trader) – an individual or a legal entity executing transactions of securities trade (shares, bonds, futures, options) at the stock exchange market, as well and concluding transactions at foreign exchange (forex) and commodities markets.


2. SUBJECT OF AGREEMENT
2.1. SERVICE obliges to render information and intermediary services in trading at financial and stock exchange markets on behalf of the CLIENT.
2.2. SERVICE has the right to engage third parties to fulfill its obligations under this Agreement, as well as to use services/works of third parties enabling possibility of providing Services provided by this Agreement.


3. GENERAL TERMS OF AGREEMENT
3.1. All information provided at FxCash.ru site, including without limitation, software, graphic images, data components, is owned by SERVICE and under no circumstances cannot be disclosed or copied.


4. RIGHTS AND OBLIGATIONS OF PARTIES
4.1. SERVICE obliges:
4.1.1. To render to CLIENT thorough guidance with the help of technical support system and/or e-mail as to questions arising due to Services being rendered to CLIENT during normal working hours (from 9-00 till 18-00 CET, excluding days off and official state holidays).
4.1.3. To render its services without preliminary payment.
4.1.4. Not to allow transfer of CLIENT’S personal data to third parties except cases when providing access to such data to third parties is a necessary condition for rendering Services or it is obligatory by the requirements of Russian Federation legislation or regulatory documents of Coordinating authorities (companies).
4.1.5. To perform monetary accruals to CLIENT’S account according to results of monthly activity not later than on the 25th day of the month following the reporting one, except cases described in clause 5 of this Agreement.
4.1.6. To undertake all possible actions in support of CLIENT’S interests in case of disputable situations between CLIENT and broker companies-partners of SERVICE, as well as other third parties.


4.2. SERVICE has the right:
4.2.1. To block CLIENT’S account in FxCash.ru system for attempts of receipt of unauthorized access to resources of SERVICE and its partners followed by submission of all data to relevant authorities in accordance with Russian Federation legislation should CLIENT’S actions contain criminal violations.
4.2.2. To block CLIENT’S account in case of its usage of SPAM methods.
4.2.3. To demand confirmation of CLIENT’S personal data on payment of monetary funds in disputable situations, as well as in cases SERVICE has suspicions as to fraud on CLIENT’S side.
4.2.4. To refuse in accruals payment to CLIENT should there be facts pointing out directly to CLIENT’S violation of clause 4.3 of this Agreement.
4.2.5. To change terms of this Agreement unilaterally with mandatory notification to CLIENT by means of public information channels.
4.2.6. To void accruals on client’s account in SERVICE, should broker company where CLIENT opened its trade account cancel all or a part of its transactions due to CLIENT’S violation of agreement on use of this company’s services except case described in clause 4.1.6 of this Agreement.


4.3. CLIENT obliges:
4.3.1. To comply with the terms of this Agreement.
4.3.2. To ensure safety and confidentiality of service information (references, names and access passwords, mobile telephone numbers, e-mail addresses of SERVICE’S specialists and its partners etc.) received from SERVICE.
4.3.3. Not to conduct activity within rendered Services this or that way aimed at:
a) disruption of network safety;
b) malfunction of software and hardware facilities in Internet;
c) arrangement of network attacks on resources of SERVICE and its partners available through Internet;
d) arrangement of bulk advertising and other mails (spam), except cases when such bulk mail is initiated by recipients themselves or is conducted with their prior consent;
e) location and distribution of information content of which is in conflict with Russian Federation legislation or international standards;
4.3.4. To provide SERVICE at its request and within a period not exceeding fourteen calendar days with documents supporting reliability of information stated by CLIENT at registration in SERVICE’S system.
4.3.5. To check out and fully accept agreement on risks connected with trading at foreign exchange, commodities and stock exchange markets.


4.4. CLIENT has the right:
4.4.1. To demand from SERVICE proper rendering of Services.
4.4.2. To receive from SERVICE guidance by telephone and/or e-mail as to questions arising due to Services being rendered during working time (from 9-00 till 18-00, excluding days off and official state holidays).
4.4.3. To terminate this Agreement unilaterally in the following cases:
а) non-fulfillment or improper fulfillment of obligations by SERVICE on rendering Services under this Agreement;
б) disagreement with changes and/or supplements introduced to this Agreement by SERVICE;


5. FORCE MAJEURE
5.1. The Parties are excused from liability for complete or partial non-fulfillment of their obligations under this Agreement if it results from force majeure events (force majeure) that occurred after conclusion of this Agreement as a result of force majeure which the Parties could not either foresee or prevent by reasonable measures.
5.2. The following events refer to force majeure which the Party could not influence and the occurrence of which it is not liable for: bankruptcy of broker companies among SERVICE’S partners, war, strike, earthquake, flood, fire, unfavorable weather conditions or other natural disasters, state orders, decrees (acts) of state authorities and officials, laws and other regulatory acts of competent authorities passed after accept of this Agreement which make fulfillment of obligations set by this Agreement impossible, as well as actions of state or local administration and management or their representatives impeding execution of terms of this Agreement and other force majeure, including defects in urban electricity network, technical problems at transit Internet nodes and other functional failures of communication network outside Parties’ sphere of influence but not limited by the stated ones.
5.3. Upon occurrence of force majeure events impeding fulfillment of obligations under this Agreement, the term of fulfillment of such obligations by Parties is prolonged according to time of operation of such circumstance as well as time necessary to eliminate their consequences but not longer that sixty calendar days.
5.4. Should force majeure circumstances last longer than the term stated in cl. 5.3 of this Agreement and upon their occurrence it becomes apparent to both Parties that events will last longer than this term, then the Parties either oblige to negotiate possibility of alternative fulfillment of this Agreement, or its terminations without indemnification.


6. NOTIFICATIONS AND NOTICES
6.1. The Parties unconditionally agree that all correspondence, notifications and notices received at e-mail addresses stated in administrative details is considered as being delivered to addressee in due form.
6.2. The Parties should timely check correspondence received at their e-mail addresses.
6.3. All risks connected with occurrence of adverse consequences due to failure to comply with requirements of cl. 6.2 of this Agreement refer to the Party having committed such violation.


7. DURATION OF AGREEMENT AND PROCEDURE OF ITS TERMINATION
7.1. This Agreement is considered as being concluded from the moment of CLIENT’S registration in SERVICE.
7.2. This Agreement is valid within uncertain period of time up to its termination in manner required by this Agreement.
7.3. This Agreement can be terminated:
7.3.1. Upon mutual agreement of the Parties.
7.3.2. Unilaterally at the initiative of CLIENT.
7.3.3. Unilaterally at the initiative of SERVICE.


8. LIABILITY OF THE PARTIES
8.1. SERVICE is not liable for violations committed by CLIENT on its account in SERVICE.
8.2. SERVICE is not liable for the results of CLIENT’S trade activity on trade accounts opened by company-broker.