BINARIUM LIMITED Cyprus (registered at 20 Ionos, 401, Egkomi, 2406, Nicosia, Cyprus, registration number HE321566) and BINARIUM LIMITED St. Vincent and the Grenadines (registered at Suite 305, Griffin Corporate Centre, P.O. Box1510, Beachmont, Kingstown, St. Vincent and the Grenadines, Reg.Nr.: 1599 СTD 2016) must be viewed as one legal entity and hereinafter referred to as the Company, offers access to its web page and use of related services by any individual or corporate entity (hereinafter referred to as the Client) according to the procedure and on the terms and conditions described in this Agreement. The Agreement becomes effective as of the date when the client opened a trading account and transferred funds to the Company’s account(s) ensuring the minimum trading deposit.
Trade — the purchase of a binary option.
Binary option — object of trade based on a change in the price of an asset in a specified period of time.
Financial instruments — available for trading with binary options types as: currencies, indexes, stocks, commodities.
Opened position — purchased binary options.
DueDiligence — set of procedures to identify the client and verify his personal information.
Equity — current account state, calculated by the formula: balance + floating profit — floating loss.
Balance — amount of funds on the clients or brokers trading account after the last trade was made in any period of time.
SpotoptionPlatform — licensed software that implements realization of a trade.
1.1. Client shall fund his trading account within 90 calendar
days from the date of its opening in an amount not less than defined
in the terms and conditions for the selected type of account
(minimum initial deposit).
1.2. The Company has the right to close/cancel an account with the balance less than 1 cent (one-hundredth of a US dollar), if the above account balance existed for more than 90 calendar days.
1.3. Client may withdraw funds from his trading account at the amount not used to cover the margin, but not more than the current account balance.
1.4. Client places a cash withdrawal order using the Company website's interface. All orders have to be confirmed by a unique confirmation code sent to the Client's registered email address. Company is not responsible for any third party access to the Client`s personal information and withdrawal orders. Once an order has been received, the withdrawal amount is deducted from the Client's trading account or safe box. All payments are final and are not to be returned.
1.5. The money will be transferred within five banking days after receiving a Client's order. The security service of the company has the right to hold the order up to 10 business days, previously having notified the client.
1.6. The Client will be given the Company's banking details to transfer funds to replenish his trading account via the Company's website, or may place an account replenishment order in electronic (placed using the Company website's interface) or written form.
1.7. When replenishing his account, the Client shall use the Company's current banking details received at the Company's website only and in force on the payment date. Current banking details mean details received within 24 (twenty four) hours prior to payment. The Company cannot be held responsible for the funds which the Client transferred to accounts using banking details different from the current ones, and does not offer search and refund of Client's payment and cannot credit these funds to Client's trading balance. Trading deposit replenishment orders may be issued, and current banking details may be received in the appropriate section of trader's office on the payment day.
1.8. Deposit/withdrawal fees are payable by the Client if such incur.
1.9. When the trading account balance is replenished using online payment systems (Webmoney, Cashu, MoneyBookers and others), Client may order withdrawal only to the same payment system which he has used to replenished his trading account in the corresponding currency or it`s equivalent. Trading profit may be withdrawn to any of the payment systems (by the Client`s wish), but only after all deposit amount withdrawal.
1.10. When the trading account balance is replenished using direct bank transfer, funds will be credited within 2-5 days (after the transfer was actually credited to our account). The minimum replenishment amount is $100. Clients who replenish their account using direct bank transfer may order withdrawal only to the account from which the payment was made. A bank transfer fee may apply (for international bank transfer).
1.11. Company reserves the right to reject a request for withdrawal in case of an explicit intention to exchange customer funds from one payment system to another.
1.12. Replenishing account balance using credit cards of third parties is prohibited.
2.1. Client is notified and agrees that the company cannot be held liable for client's actions or inactions during conversion operations. Responsibility for trade account standing is borne by the client.
2.2. Company reserves the right to amend this Agreement by notifying the client about it at least 2 business days prior to the effective date of these amendments. Posting the relevant information on the main page of the www.binarium.com website for the period of at least 3 days is also considered a notification.
2.3. All powers and obligations of the company and the client represent a long-term commitment, which remains in force up until the company receives a client's notice of termination of this agreement or closing his trading account.
2.4. Company cannot be held responsible for non-fulfillment of any obligations involving quality of online communication of information to the client terminal or use of information, software, and interfaces of websites which do not belong to the company.
2.5. Client realizes that any market recommendations and information communicated to the client by the company, its representatives, or third parties do not constitute an offer to make an operation/transaction.
2.6. Client realizes that any payments which client makes using the banking details received earlier than 24 hours prior to the payment time or not at the appropriate sections of the company website, which differ from the company's current banking details do not entail the company's liability or obligations concerning the search, refund or credit of this payment to the client's trading balance.
2.7. Client realizes that any actions committed by the client or third parties (through client's fault or with client's participation), which destabilize the company's business or performance of the company's services, equipment, or software may result in the company's denial (on the basis of private law) of servicing the client's current trading account and cancellation of all orders, with full refund of the initial deposit. Company must notify the client about the reasons for the above mentioned decision. Company also may deny this client a registration and servicing of a new trading account in the future.
2.8. The Client declares and guarantees that:
2.9. In under any circumstances, a person under 18 years of age or under the age of majority, which is legally allowed to participate in options trading, cannot use the services of the Website.
2.10. Company may request from client a confirmation of accuracy of the personal account data due diligence and in the event of cash withdrawals. Company may require a notarized copy of the client's ID and the document proving his place of residence.
2.11. Client agrees to provide all documents and notices, procure registration of documents, and take all other actions which the company may deem necessary or desirable at own discretion in accordance with the Anti Money Laundering Policy.
2.12. In case double registrations of the same client with different email addresses are revealed, the company has the right to cancel such additional registrations.
3.1. Client understands that the risk of suffering trading losses may be quite significant. Client should analyze his financial capabilities before engaging in trading operations.
3.2. Client realizes that he may completely lose his all initial funds and any additional funds used when trading on the market.
3.3. Client agrees that the company cannot be held responsible for client's losses caused, directly or indirectly, by the government restrictions, restrictions of foreign exchange or market rules, suspension of trading, military operations, or other conditions usually called „force majeure circumstances”' which lie beyond the company's control.
3.4. Client was informed about additional risks associated with the specifics of functioning of the e-trade systems and the problems of Internet communication nodes.
3.5. Client bears full responsibility for the risks associated with the storage of trading account access data, and must ensure that third parties cannot access the trade terminals. Client's losses and risks associated with the restoration of access to the trading account place no obligations on the Company, other than to provide new access data to the client upon sufficient and unambiguous identification of the Client as the holder of this account.
4.1. The Client may issue only the following trading instructions using electronic access:
The Company cannot accept and will automatically deny any other requests.
4.2. A confirmed request to purchase a binary option cannot be cancelled, changed, or withdrawn.
4.3. Trade is executed at prices offered to the Client, which are shown in the window of client`s SpotOption trading terminal.
4.4. Company may decline the Client`s request to open a new position, if the balance on his trading account is not sufficient to place a minimum possible investment.
4.5. Company may suspend its operations or revise Client's trades for the following reasons: failures on part of Internet access providers, failures in information flows, hacker attacks, and other illegal actions against the Company's servers and equipment, “force majeure circumstances”, and suspension of trading on financial markets which concerns financial instruments used by the Company.
4.6. Company may revise (change) a trading operation upon discovery of software malfunction within 5 trading sessions after malfunction was discovered. In this case, client will be provided data concerning history of at least 2 independent quotation sources.
4.7. The company has the right to cancel client`s pending orders and reject service provision, if attempts of fraud have been suspected in order to make profit
5.1. The parties will try to settle all disputes by negotiation and correspondence. The Company may accept Client's complaints for review, if these complaints were stated in writing and received within three calendar days after the dispute occurrence date.
5.2. All Client's all will be considered official and regarded as written inquiries, if these inquiries were placed via the Company's website interface, by e-mail sent to the addresses of the Company's services concerned, or by regular mail. Inquiries placed using online communication programs, such as ICQ or similar, cannot be considered written inquiries.
5.3.The company will review Client's complaints within ten business days after receiving from the Client all necessary and sufficient information which concerns this complaint and is indispensable to settle it. The complaint must have Client`s name and surname, e-mail, account number, date and time of occurred situation to which a complaint is connected and a description of the situation and the complaint itself.
5.4. In the event of disagreements concerning Client's operations or the state of his trading account, the parties will review the protocols of Client's operations using Company's data.
5.5. If the client will breach any of the above paragraphs, the company reserves the right to deny the Client its services and make a refund of the client's deposit. Termination of service and refund of the deposit will come into effect upon expiration of 5 banking days after the Client was sent a notice by e-mail provided at the time of registration of trading account.
5.6. In case of failure to reach an agreement through negotiations and correspondence within 3 (three) months from the date of the emergence of a dispute its further consideration will be directed towards the justifiability in accordance with the laws of the Republic of Cyprus.
6.1. The company has the right to request the customer to confirm his identity and information provided upon registration. At any time the Client can be asked to provide an electronic copy, certified copy or notarized copy of his passport (at the discretion of the Company).
6.2. If the client has not received a request to provide the documents, the procedure of verification is not mandatory, but the Client can voluntarily send a copy of the passport or other proof of identity.
6.3. In the case Client registration data (name, address or telephone number) have changed, the Client shall immediately notify the Company's customer service asking to change the data.
6.4. Client acknowledges that the registration data, referred to them for opening an account can be used by the Company in the fight against money laundering.
6.5. Client is responsible for the authenticity of submitted documents (copies) and recognizes the right of the Company, in case of doubt about their authenticity, contact the law enforcement agencies of the issuer of the document to verify its authenticity and if it detects a falsification of the document, Company has the right to place a hold on the account and conduct an investigation.
7.1. The Company can use the following methods to communicate with the Client:
The Company will use the details specified by the client provided upon registration. Client must notify the Company of any changes in contact information within 3 business days.
7.2. Any correspondence (documents, announcements, notifications, confirmations, reports, etc.) will be considered as received by the Client:
8.1. Following agreement becomes effective as of its acceptance by the Client.
8.2. This agreement will be terminated if following occurs:
8.3. If the Company terminates the activities regulated by the Agreement:
8.4. In case of death of the Client:
8.5. Client agrees that the Company reserves the right at its sole discretion, suspend or discontinue all or part of the client's access the services of a subsequent notice by means of communication. In this case, this Agreement shall be terminated and Company released from providing services to the Client.