Terms of business

 

Trading Agreement

 

This agreement and any relevant documents (“Term and Conditions of Business", Beneficial Owner Declaration, Risk Disclosure, Introducer Agreement) shall constitute the entire Trading Agreement (collectively referred to as the “Agreement”) BETWEEN New Win Limited (hereinafter the “Company”), a company formed, registered in Suite 305 Griffith Corporate Centre Beachmont, Kingstown Saint Vincent and the Grenadines, operating under the brand name New-Win (hereinafter “New-Win" or “we” or “us” or “our”) AND Any User (“Client” or “you” ) Each a "Party" and together, the "Parties" By entering into the Agreement, the Client has read, understood and accepted the information under the title “Term and Conditions of Business", that form part of this Agreement, as this information is provided on the website (hereinafter the “Website”) and via email (hereinafter the “Email”) . WHEREAS New-Win provides investment services through a trading platform (the “Trading Platform”) including Contracts for Difference (CFDs), and such other transactions as New-Win may from time to time make available (the “Services”). WHEREAS The Client wishes to open an account with New-Win in order to use the Trading Platform and to enter into investment services transactions with New-Win.

 

 

 

 

Terms and Conditions 

 

1.General Provisions

 

 

1.1. Platform: The Platform is provided by third parties, New-Win doesn’t control, endorse, or vouch for the accuracy or completeness of the Platform. It’s provided to the Client on without any express or implied warranty or guarantee from us and we don’t promise that it’s fit for a particular purpose.

 

 

1.2. The Services may involve margined transactions, requiring the Client to deposit cash to secure its obligations under this Agreement (“Security Margin”).

 

 

1.3. Direct Relationship: Unless otherwise agreed in writing, New-Win and Client each enter into this Agreement as principal and New-Win will not accept an undisclosed/unapproved principal acting through Client. With regard to such a principal, the Client agrees to provide us with its identity, and personal information.

 

 

1.4. Information Services: New-Win may provide the Client with access to various information and content via Email or Trading Platform.

 

 

1.5. No Investment Advice: Client hereby acknowledges that the Services do not include the provision of investment advice and/or the provision of personal recommendations in respect of one or more transactions relating to one or more instruments. Any information that may be provided aims merely to assist the Client’s investment decision-making and does not constitute investment advice.

 

 

1.6. Errors: Quotations provided by New-Win, via third parties or otherwise, may be incorrect for whatever reason. Following a transaction involving such quotation errors, New-Win in reserves the right to correct the affected account balance.

 

 

1.7. Market Fluctuations: Client understands and acknowledges that the market is subject to sudden changes due to news events (economic news) and other announcements, acts of war or terrorism, pandemics, power failures, strikes or civil commotions, business trends, political developments, fluctuations in other financial and commodity markets, and other factors beyond New-Win's control. We may determine in its sole discretion that an emergency or exceptional market condition exists, in which case it reserves the right to impose trading limits or special terms, cancel or suspend any transaction, or close an account.

 

 

1.8. Risk Disclosure: The Client understands that the Services offered by New-Win include trading products that involve substantial risk that is not suitable for everyone. The Client acknowledges that he fully understands the nature and risks of the Services and related trading products and the Client accepts that under no circumstances will any losses incurred as a result of the use of the Services be recoverable.

 

 

2. Client Instructions and Order Execution

 

 

2.1. Deposit / Withdrawal Instructions: Deposit and Withdrawal by means of Bank Transfer are limited to a minimum amount of 15 USD and for other channels client can see them on the Website or Trading Platform.

 

 

2.2. New-Win shall execute the Client’s withdrawal within 72 working hours once all the above conditions are met and upon approval of such by the New-Win Payment Department. The Client acknowledges that fund transfer times may vary according to his account type, issuing bank, intermediary bank, receiving bank, destination country, or any other 3rd party involved in the transfer of funds. Withdrawal of funds may also be subject to restrictions imposed by or in connection with the receiving Bank. New-Win shall not be liable for any fund transfer delay caused by such 3rd party and/or wrong banking information details provided by the Client.

 

 

2.3. Deposit funds by another person and/or a different company name that does not belong to the client, the account will be terminated.

 

 

2.4 The Client acknowledges that Anti Money Laundering Regulations do not allow the transfer of funds to any 3rd party other than the beneficial owner of the New-Win trading account. In addition, New-Win may require further documentation regarding the origin of funds and/or the beneficial owner in accordance with the applicable Anti-Money Laundering, if the Client fails to provide a necessary document your account will be terminated.

 

 

2.5. New-Win reserves the right and the Client understands, acknowledges, and agrees that in case the Client performs a withdrawal, New-Win can remove and/or adjust any allocated trading benefit.

 

 

2.6. The Client further acknowledges and agrees that the costs, fees (e.g. rollover, inactivity), charges, commissions, leverage limits, execution rules, trading times, and trading conditions are found on the Website and/or Trading Platform. New-Win reserves the right to review or change any of its costs, fees, charges, commissions, leverage limits, execution rules, trading times, and trading conditions from time to time.

 

 

2.7. Orders: Stop Loss, Take Profit, Buy Limit, Buy Stop, Sell Limit, Sell Stop on Financial Instruments are executed at the declared by the Client price on the first current price touch. New-Win reserves the right not to execute the Order, or to change or to revert the opening (closing) price of the transaction in case of the technical failure of the Trading Platform.

 

 

3. Client Representations the Client hereby declares that:

 

 

3.1. The Client has read, understood, and agrees to the terms and conditions of this Agreement.

 

 

3.2. Client does not have any legal disability concerning, and is not subject to any law or regulation which prevents its performance of, this Agreement or any contract contemplated by this Agreement.

 

 

3.3. Subject to this Agreement, all sums remitted to satisfy the Security Margin are and shall at all times remain free from any charge, lien, pledge, or encumbrance.

 

 

3.4. Client complies with all laws to which he is subject including, without limitation, all tax laws and regulations, exchange control requirements, and registration requirements.

 

 

4. Margin Requirements

 

 

4.1. The Client shall remit to New-Win such amounts of money as required by New-Win, in a currency acceptable to New-Win, to cover the Security Margin and any account debit balance. New-Win will have no obligation to ensure Security Margin requirements have been satisfied by the Client before effecting an order and the Client’s payment obligations will not be diminished by any failure by New-Win to enforce payment of outstanding Security Margins prior to entering into the transaction.

 

 

4.2. New-Win may use any money received from the Client in order to satisfy New-Win obligations related to such Client to any third party and New-Win shall not be obliged to account to the Client for any resulting income received by New-Win.

 

 

4.3. The Client shall deposit any money payable by it under a third-party contract in accordance with both the terms of that contract and with any instructions given by New-Win.

 

 

4.4. If the Client fails to keep a required Security Margin under this Agreement, New-Win may close out any or all open positions without prior notice and apply any proceeds thereof to payment of any amounts.

 

 

5. Spread rates, Margin and Leverage

 

 

5.1. New-Win reserves the right to modify Security Margin requirements in line with the size of the Client's deposit, size of transactions, market conditions characterized by particular volatility or lack of liquidity, or other factors determined by New-Win. New-Win reserves the right to offer different spread rates by the size of the Client's Security Margin and/or positions.

 

 

5.2. Client is responsible for verifying the activity of its accounts, as well as its Security Margin requirement. Such requirements are available on the New-Win’s Call Margin alert via email.

 

 

5.3. The one (1) standard lot size is the measurement unit specified for each Instrument traded in the Trading Platform. New-Win reserves the right to change the Contract Specifications at any time depending on the market situation. The Client agrees to check the full specification of the Instrument before placing any order. A possible choice of a maximum leverage rate, according always to the account type, ranges from 1:10 up to 1:1000 depending on the type of the account and at the discretion of the Company, the default of leverage is 1:500 Client may request for a lower or higher the leverage to be applied to their trading account by contacting the Company.

 

 

5.4. The Company reserves the right to change the Client‘s trading account leverage at any time.

 

 

5.5. In case of absence of trading activity for a period over three (3) months, the Company reserves the right to apply an administrative fee to maintain the account assuming that the Client Account has the available funds. The fee shall be announced in the Trading Conditions via email from New-Win to the Client when the fee is started. If the Client account is funded by a lesser amount and has been inactive for three (3) months, the Company reserves the right to charge a lower amount to cover administrative expenses and close down the account.

 

 

5.6. In case of absence of trading activity for a period over twelve (12) months, the Company reserves the right to apply a credit-out rule and remove any trading credit available in the Client’s trading account and close down the account.

 

 

5.7. In case of a small balance of funds in the Trading account and absence of trading activity for a period over thirty (30) days, the Company reserves the right to apply an administrative fee to maintain the account assuming that the Client Account has the available funds or close down the account.

 

 

6. Right of Pledge, Lien, Set-Off and Retention

 

 

6.1. New-Win shall, at any time and without prejudice to any other rights New-Win may have, be entitled to delete, combine, or consolidate separate Client accounts. For any claims arising from Services relating to Client, irrespective of the maturity dates of such claims, New-Win shall have a right of lien and pledge, and a right of retention, on all assets or security held in Client’s name or otherwise deposited with New-Win, or any guarantee or indemnity given to or owed New-Win by Client.

 

 

7. Prohibition / Default / Company rights

 

 

7.1. Without prior notice to, or receipt of further authority from the Client, New-Win shall have the right to close out all or any part of any position or terminate an account of Client, upon or at any time after the occurrence of any of the following events (each of which shall constitute an “Event of Default”):

 

7.1.1. The Client fails to make any payment due under this Agreement promptly.

 

 

7.1.2. The Client fails to observe or perform in whole or in part any of the provisions of this Agreement or commits a breach of this Agreement.

 

 

7.1.3. The Client maintains parallel accounts to arbitrage New-Win promotions or policies.

 

 

7.1.4. The Client dies, is declared absent, or becomes of unsound mind.

 

 

7.1.5. The Client performs a credit card chargeback. In this case, any Client accounts will be frozen and all positions will be closed at the end of the trading day.

 

 

7.1.6. The Client who engages or is suspected in what is deemed, illegitimate, unlawful, unethical, system abuse, system arbitrage, quotation arbitrage, system scalping, scalping order, toxic flow of orders, or another as a violation of trading standards.

 

 

7.1.7. The Client who engages or is suspected of News Event abuse, opens an order when the market has high volatility after or before a News Event announcement, the order trades with a duration of five (5) minutes or less.

 

 

7.1.8. In general, any breach of the Agreement including any call for Margin, if there is a change in Client’s creditworthiness, if necessary to prevent a prohibition of any applicable law or good practice, or if you fail to provide any documentation that we may require for AML/KYC.

 

 

7.2. If an Event of Default occurs then New-Win without notification to Client and in its absolute discretion can take such action as may be necessary to protect its position including but not limited to:

 

 

7.2.1. Closing one or more of Client’s trades;

 

7.2.2. Voiding or cancelling any of Client's trades;

 

7.2.3. Cancelling any trades, orders or contracts or other commitments made with the Client;

 

7.2.4. Closing or suspending Client’s account; and/or Limiting Client’s access to the Trading Platform.

 

7.3. In addition to any other rights we have under the Agreements, we can do these things, with or without letting the Client know:

 

7.3.1. Close-Out all or part of your Contracts in our absolute discretion;

 

7.3.2 Reduce your position limit;

 

7.3.3 Refuse your Orders;

 

7.3.4. Adjust the price, size or value of your Contract;

 

7.3.5 Trigger a password reset on your Account;

 

7.3.6 Adjust the Margin requirements;

 

 

8. Force Majeure

 

 

8.1. Acts beyond our Control: New-Win is not liable for any loss or damage that the Client may suffer because of any: act of God; pandemics; power cut; trade or labor dispute, act, failure, or omission of any government or authority; obstruction or failure of telecommunication services; or any other delay or failure caused by a third party or Company Bankruptcy and otherwise outside of New-Win control. In such an event, New-Win reserves the right to cancel or suspend New-Win services without incurring any liability.

 

 

8.2. Failure of Equipment: New-Win are not liable for the failure of any equipment or software howsoever caused, wherever located or administered, or whether under New-Win direct control or not, that may prevent the operation of the Services, impede the placing, amending or cancellation of trades or that prevent the Client from being able to contact New-Win or use the Trading Platform. the Client acknowledges that there may be delays in processing an order or instruction to amend or cancel a trade and that the Client remains liable for the original Trade until any relevant amendment or cancellation is received and processed.

 

 

9. Amendments

 

 

9.1. New-Win reserves the right to make changes to the Trading Platform, website, costs, fees, charges, commissions and Trading Conditions (i.e. leverage limits, execution rules, trading times) and to all guides and policies included on the Trading Platform or the Website, including this Agreement at any time. The Client will be subject to the guides, policies, conditions, trading conditions, fees, and agreements in force at the time that the Client accesses the Trading Platform, places an order, and/or enters into a trade. It is the Client’s responsibility to check the guides, policies, Website, Trading Platform, and this Agreement on a regular basis to ensure that the Client agrees with them. The Client’s continued use of the Services will be deemed to be the Client’s acceptance of any changes New-Win may make in accordance with this Clause.

 

 

10. Termination

 

 

10.1. We may Close any of your Contracts, terminate the Agreements, and close your account, including these Terms and your rights associated with the use of our Platform, either by giving you 7 days’ notice or immediately and without notice in case with clause 2.3 or 2.4 or one of 7.1.1. to 7.1.8.

 

 

10.2. In case of 7 days’ notice termination, it is noted that the Client shall need to proceed with the closing of any open trades prior to the termination date. In such a case that the Client fails or omits to do so until the termination date in question, the Company will proceed with the closing of any open positions.

 

 

10.3. The Company reserves the right to keep Client’s funds, if necessary, to close any further positions that already have been opened and/or pay any pending obligations of the Client under the Agreement.

 

 

11. Partner / IB / Introducer Agreement 

 

 

11.1 Partner / IB / Introducer should request to become Partner / IB / Introducer on our Website, Platform, or Partner Room.

 

 

11.2. The Agreement, Terms and Conditions of Partner / IB / Introducer upon request from the introducer, New-Win will be sent to the introducer via email within 48 hours.

 

 

12. Jurisdiction

 

 

12.1. The Agreement will be interpreted in accordance with the Laws of Saint Vincent and the Grenadines. For any disputes arising under this Agreement, the Parties hereby submit to the exclusive jurisdiction of the courts sitting in Saint Vincent and the Grenadines. The group of New-Win consists of New Win Ltd. registered in Suite 305 Griffith Corporate Centre Beachmont, Kingstown Saint Vincent and the Grenadines with registration number 26233BC2021 // email: support@newwinfx.com