This Agreement sets forth the terms and conditions governing your Account at AmerexFx, Inc. (herein referred to as “AmerexFx”) and all Contracts and other transactions in this Account with AmerexFx. In this Agreement, the undersigned customer is referred to as “Customer” or “You.”
1. DEFINITIONS. Terms capitalized in this Agreement are defined in the Glossary as found on AmerexFx’s corporate website www.AmerexFx.com/glossary.
2. SERVICES PROVIDED. Subject to the terms and conditions of this Agreement and acceptance of Customer’s application to open an Account with AmerexFx, AmerexFx will maintain one or more Accounts in Customer’s name and will effect cash settled and physically settled transactions with and for Customer in the international Over-the-Counter Foreign Currency (foreign exchange) markets on a spot basis, and provide such other services and products as AmerexFx may, in its sole discretion, determine from time to time in the future. Unless expressly stated otherwise in writing, all Contracts and other transactions entered into between AmerexFx and Customer shall be governed by the terms of this Customer Agreement, as amended from time to time (including, without limitation, AmerexFx’s Trading Policies and Procedures).
3. REPRESENTATIONS AND WARRANTIES. As of the date hereof, the date of each Contract and other transaction in Customer’s Account and any date on which AmerexFx’s Risk Disclosure Statement or Trading Policies and Procedures are revised, updated or amended, Customer represents and warrants to AmerexFx and agrees for the benefit of AmerexFx that:
3.1. if Customer is a natural person, Customer is of sound mind, legal age (18 years old in the United States) and legal competence.
3.2. if Customer is not a natural person, (i) Customer is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; (ii) execution and delivery of this Agreement and all Contracts and other transactions contemplated hereunder and performance of all obligations contemplated under this Agreement and all Contracts and other transactions contemplated hereunder have been duly authorized by Customer; and (iii) each person executing and delivering this Agreement and all Contracts and other transactions contemplated hereunder on behalf of Customer performing the obligations contemplated under this Agreement and any Contract and other transaction contemplated hereunder on behalf of Customer, has been duly authorized by Customer to do so.
3.3. execution and delivery by Customer of this Agreement and all Contracts and other transactions contemplated hereunder, and performance of all of Customer’s obligations contemplated under this Agreement and any Contract and other transaction contemplated hereunder, will not violate any statute, rule, regulation, ordinance, charter, by-law or policy applicable to Customer.
3.4. Customer has full beneficial ownership of Customer’s Account. Customer has not granted and will not grant a security interest in Customer’s Account with AmerexFx (other than the security interest granted to AmerexFx hereunder) to any person without AmerexFx’s prior written consent. Customer has full beneficial ownership of all collateral and will not grant any security interest in any Collateral to any person (other than the security interest granted to AmerexFx hereunder) without AmerexFx’s prior written consent.
3.5. Customer will execute and deliver all documents, give all notices, make all filings and take such other actions as AmerexFx, in its sole discretion, deems necessary or desirable to evidence or perfect any security interest in favor of AmerexFx or to protect AmerexFx’s interests with respect to any Collateral.
3.6. Customer has read and understands the risk disclosures contained in this Agreement, including, without limitation, AmerexFx’s Risk Disclosure Statements and Trading Policies and Procedures, Customer will review the agreement each time it is ammended. Customer will not effect any Opening Transaction in Customer’s Account unless Customer understands AmerexFx’s revised Agreement, and Customer agrees that in effecting any Opening Transaction it is deemed to represent that it has read and understands AmerexFx’s revised Agreement as in effect at the time of such Opening Transaction.
3.7. Customer has either: (x) effected foreign currency transactions with AmerexFx or with other foreign currency dealers for at least six months; or (y) Customer agrees to trade on Demo Trading System available to him/her on the Website, and acknowledges that AmerexFx may, in its sole discretion, decline to permit any real trades to be effected in Customer’s Account until Customer has, in AmerexFx’s sole judgment, satisfactorily traded on the Demo Trading System.
3.8. Customer agrees to comply with all applicable law. You may not use your personal account with AmerexFx for any illegal activity.
3.9. All information provided by Customer to AmerexFx, including information regarding Customer’s trading experience and investment sophistication, is true, correct and complete, and Customer will notify AmerexFx promptly of any changes in such information.
4. TRADING. Customer authorizes AmerexFx to purchase and sell physically settled and cash settled Foreign Exchange Contracts and Cross Currency Contracts on a spot basis for Customer’s Account in accordance with Customer’s instructions received through the AmerexFx Online Trading System, or via telephone to the AmerexFx Trading Desk, subject to the terms of this Agreement, including the Annexes hereto and the Customer Account Application, including any applicable addenda thereto. Customer agrees to be conclusively responsible for any instruction received electronically that is identified with Customer’s password and Account number and for any electronic, oral and written instruction (including, but limited to, any Order) to AmerexFx from persons AmerexFx, in its sole judgment, believes are apparently authorized by Customer. If Customer’s Account is titled as a joint account, AmerexFx is authorized to act on the instructions of any one owner, without further inquiry, with regard to trading in the Account and the disposition of any and all assets in the Account. AmerexFx shall have no responsibility for further inquiry into such apparent authority and no liability for the consequences of any actions taken or failed to be taken by AmerexFx in reliance on any such instructions or on the apparent authority of any such persons.
4.1. Pricing Information. AmerexFx will make available, by posting on the AmerexFx Online Trading System or by telephoning the AmerexFx Trading Desk, Bid Prices and Ask Prices at which AmerexFx is prepared to enter Foreign Currency Contracts or Cross Currency Contracts with Customer. Each Bid Price or Ask Price shall be for a Spot Contract with a specified Value Date and shall specify each Eligible Foreign Currency or tradable U.S. dollar-based currency pairs involved. AmerexFx expects that these prices will be reasonably related to the bid prices and ask prices available in the market at that time for similar transactions, but a number of factors, such as communication system delays, high volume or volatility can result in deviations between prices quoted by AmerexFx and other sources. AmerexFx makes no warranty, express or implied, that Bid Prices and Ask Prices represent prevailing bid prices and ask prices. In addition, these Bid and/or Ask Prices may reflect, at the direction of the Introducing Broker named above, additional pips added to the BID and/or ASK price that may result in an increase of the dealable spread available for the Customer’s account as well as a per trade or per lot commission and/or fees. See Section 11-Charges.
4.2. Order Execution. AmerexFx will attempt to execute all Orders that it may, in its sole discretion, accept from Customer in accordance with Customer’s instructions received through the AmerexFx Online Trading System, or via telephone to the AmerexFx Trading Desk. In cases where the prevailing market represents prices different from the prices AmerexFx has posted on our screen, AmerexFx will attempt, on a best efforts basis, to execute trades on or close to the prevailing market prices. These prevailing market prices will be the prices, which are ultimately reflected on the Customer Statements. This may or may not adversely affect customer realized and unrealized gains and losses. All Contracts made and entered into by AmerexFx hereunder will be entered into by AmerexFx as principal. Customer acknowledges, understands and agrees that AmerexFx is not acting as a broker, intermediary, agent, and advisor or in any fiduciary capacity. Notwithstanding the provisions of this Paragraph, Customer acknowledges, understands and agrees that all non-market orders such as Limit Orders, Stop/Loss Orders, One Cancels the Other Orders, Day Only Orders, and Good till Cancelled Orders, are accepted by AmerexFx and undertaken on an “best-efforts basis” in accordance with the relevant provisions of the Trading Policies and Procedures, as amended from time to time.
4.3. Trade Matching. AmerexFx or its affiliates may, at a future date, establish a trade matching system or determine to route Customer’s orders to a trade matching system operated by third parties. In that event, AmerexFx, and/or any one or more of its affiliates, shall have the right (but not the obligation), in the sole discretion of AmerexFx or any such affiliate, to act for its own account, and as a counter party or as a broker to AmerexFx customers, in the making of markets and the purchase and sale of Foreign Exchange Contracts and Cross Currency Contracts via any medium, including without limitation, over any trade matching network in use by AmerexFx customers and/or the general public.
4.4. Transmission. AmerexFx shall have no responsibility for delays in the transmission of orders due to disruption, failure or malfunction of communications facilities and shall not be liable for any claims, losses, damages, costs or expenses, including attorneys’ fees, to any person or entity arising other than as a direct result of AmerexFx’s gross negligence.
4.5. Position and Trading Limits. AmerexFx reserves the right to limit the number of Open Positions that Customer may enter or maintain in Customer’s Account. AmerexFx reserves the right, in its sole discretion, to refuse to accept any Order opening a new position or increasing an Open Position.
5. MARGIN REQUIREMENTS. Customer shall provide to and maintain with AmerexFx Margin in such amounts, in cash or other such forms, and within such limits as AmerexFx, in its sole discretion, may from time to time require. Customer’s Account will be under the control of AmerexFx. AmerexFx may change Margin requirements at any time, without prior notice to Customer, and may call for additional Margin (“Margin Call”) at (x) any time Customer’s Margin Balance falls below AmerexFx’s Initial Margin Requirements or Maintenance Margin Requirements as applied to that Account; and (y) any time AmerexFx, in its sole discretion, believes that it is prudent to do so. AmerexFx may at any time liquidate Customer’s Account in accordance with Paragraph 9. AmerexFx may withdraw funds from the Customer’s account without notice:(x) to ensure that Posted Margin equals or exceeds Required Margin; and (y) to satisfy any payment obligation to AmerexFx, including commissions, fees and charges in respect of Customer’s Account. In the event that Customer directs AmerexFx to sell any Margin, Collateral, Contract or other property and AmerexFx is unable to deliver such Margin, Collateral, Contract or other property to a purchaser because Customer fails to deliver it to AmerexFx, AmerexFx may borrow or purchase any Margin, Collateral, Contract or property necessary to make such delivery, and Customer hereby agrees to guarantee and hold AmerexFx harmless against any liability, claim, loss, damage, cost or expense, including attorneys’ fees that AmerexFx may sustain.
6. SECURITY AGREEMENT. In order to secure any indebtedness or other obligations at any time owing from Customer to AmerexFx, including, without limitation,
-
(i) indebtedness or other obligations under any Account, Contract or other transaction with AmerexFx; or
(ii) any indebtedness or other obligations resulting from any guarantee by Customer of any Account, Contract or other transaction with AmerexFx, Customer hereby assigns, pledges and grants to AmerexFx a security interest in and right of setoff against:
-
(i) all of Customer’s Accounts with AmerexFx;
(ii) all Contracts, cash, securities and other property in Customer’s Account at AmerexFx or delivered or otherwise provided by Customer to secure its indebtedness or other obligations to AmerexFx or in AmerexFx’s possession or control for any purpose (including safekeeping); and
(iii) all products and proceeds of the foregoing (collectively,
(i), (ii) and (iii) are referred to as “Collateral”).
7. NOVATION OF OPPOSING CONTRACTS. Whenever there may exist in any Customer Account two (2) or more open and opposite Contracts providing in whole or in part for the purchase and sale of the same Foreign Currency or Cross Currency Pairs on the same Value Date, such Contracts shall automatically be canceled and replaced by an obligation to settle only the net difference between amounts payable in respect of the relevant currencies under the relevant Contracts, and/or the net difference between the quantities of the relevant currency deliverable there under.
8. SETTLEMENT DATE; ROLLOVERS; DELIVERY. In cases where transactions are executed for physical delivery, instructions on the settlement of Open Positions must be given to AmerexFx at least two (2) Business Days prior to the Value Date. In the absence of instructions from Customer directing AmerexFx to deliver, offset, or roll over Open Positions, AmerexFx is authorized, in AmerexFx’s sole discretion, to deliver, roll over or offset all or any portion of the Open Positions in Customer’s Account at Customer’s risk. Delivery of Foreign Currency shall be made to the bank specified by the purchaser in a major city in the country in which the Foreign Currency is the legal tender. Unless otherwise agreed by AmerexFx and Customer in writing, the Foreign Currency shall be deliverable by wire transfer. AmerexFx may require payment of amounts due from Customer to AmerexFx prior to 16:30 EST on any day prior to payment of amounts due and payable by AmerexFx to Customer on that day. AmerexFx and Customer shall exchange, make use of, and periodically update and confirm any standing payment instructions. Sufficient funds to take delivery or the necessary delivery documents must be in the possession of AmerexFx. If instructions, funds and documents are not received by AmerexFx by the specified time, AmerexFx may, in its sole discretion and without notice to Customer, offset Customer’s Open Positions, roll over Customer’s Open Positions into the next settlement time period, or make or receive delivery on behalf of Customer upon any terms and by any methods deemed reasonable by AmerexFx, in its sole discretion. Terms and/or methods for delivering, offsetting, or rolling over Customers’ Open Positions may differ on a Customer-by-Customer basis relative to the current balance in the Customer’s Account.
9. LIQUIDATION OF ACCOUNTS AND DEFICIT BALANCES.
In the event of:
-
(a) an Event of Default;
(b) insufficient Margin, or AmerexFx’s determination that any Collateral deposited to protect Customer’s Account is inadequate, regardless of current market quotations, to secure Customer’s Account; or
(c) any other circumstances or developments that AmerexFx, in its sole discretion, deems appropriate for its protection, AmerexFx may, in its sole discretion, take one or more, or any portion, of the following actions:
-
(1) satisfy any obligation Customer may have to AmerexFx (either directly or by way of guarantee or suretyship) out of any of Customer’s funds or property in the custody or control of AmerexFx;
(2) sell or purchase any or all Contracts and any securities or other property held or carried for Customer; and
(3) cancel any or all outstanding Orders or Contracts or other transactions or commitments made by or on behalf of Customer. Any of the above actions may be taken without demand for Margin or additional Margin, without prior notice of sale or purchase or other notice to Customer, Customer’s legal representatives, heirs, executor, administrator, trustee, legatee, successors or assigns and regardless of whether the ownership interest is held individually or jointly with others. Any prior demand or notice of sale or purchase shall not be considered a waiver of AmerexFx’s right to sell or buy at any time in the future without demand or notice as provided above. In liquidation of Customer’s Long Positions and Short Positions, AmerexFx may, in its sole discretion, offset in the same settlement or it may initiate new Long Positions or Short Positions in order to establish a spread or straddle that in AmerexFx’s sole judgment may be advisable to protect or reduce existing positions in Customer’s Account. Any sales or purchases may be made according to AmerexFx’s judgment and in its sole discretion in any interbank, Over-the-Counter or other exchange market where such business is then usually transacted or at a public auction or private sale, and AmerexFx may purchase the whole or any part thereof free from any right of redemption. Customer shall at all times be liable for the payment of any deficit balance in Customer’s Account upon demand by AmerexFx and in all cases, Customer shall be liable for any deficiency remaining in Customer’s Account in the event of the liquidation thereof in whole or in part by AmerexFx or by Customer. In the event the proceeds realized pursuant to liquidation are insufficient for the payment of all liabilities of Customer due to AmerexFx, Customer shall promptly pay upon demand the entire amount of any such deficit, together with all other deficits and all unpaid liabilities of Customer, including, but not limited to, all costs of enforcement and collection, such as, but not limited to, attorneys’ fees, witness fees and travel expenses, interest on any such deficit and liabilities at a rate equal to three (3%) percentage points above the then prevailing prime rate at AmerexFx’s principal bank or the maximum interest rate allowed by law, whichever is lower. In the event AmerexFx incurs expenses other than for the collection of deficits, with respect to Customer’s Account, Customer agrees to pay such expenses.
10. CHARGES. Commissions and fees are as specified on the AmerexFx website, www.AmerexFx.com, unless otherwise agreed in writing between Customer and AmerexFx as part of this Agreement. Changes to commissions and/or fees are effective immediately upon either
-
a) AmerexFx posts these changes on the website or
b) provides written notice to Customer in the form of an e-mail or other means.
Customer acknowledges and agrees that AmerexFx will deduct commissions/fees from Customer’s trading account(s) which will reduce account value. AmerexFx reserves the right to liquidate positions if commissions or other charges cause a margin deficiency (See Section 9). Customer funds will not be disbursed until after transactions are settled. The commissions and fees applied to your Account are at rates which you have explicitly agreed upon as part of this Agreement. Before you begin trading with AmerexFx, you should obtain a clear explanation of all charges (i.e. commissions, fees, spreads, markups and markdowns, etc.) for which you will be held legally responsible to pay. These charges will have a direct affect on the net results of your trading strategy. Frequent trading will result in increased charges that will have an overall affect on your trading performance. AmerexFx may charge for incidental banking related fees such as wire transfers, returned checks, currency conversion, etc. Fees do not currently, but may in the future, include such things as statement charges, account transfer charges, telephone order charges or fees imposed by any interbank agency, bank, or other regulatory or self-regulatory organization arising out of AmerexFx’s provision of services hereunder. Customer may incur additional fees for the purchase of optional, value added services by AmerexFx.
11. INTRODUCING BROKERS. If Customer’s account has been introduced to AmerexFx by an Introducing Broker (“IB”), Customer understands and acknowledges that AmerexFx may compensate Introducing Broker for introducing Customer and that such compensation may be on a per trade or other basis. The following is an allocation of responsibilities for each entity. It is intended to be a general disclosure and not a definitive enumeration of each and every responsibility. The Introducing Broker shall have the following responsibilities with respect to Customer’s account:
Contacting, soliciting and/or communicating with Customer regarding investment opportunities and objectives.
Complying with all laws, rules and regulations applicable to any arrangement or understanding that IB and Customer may have.
Determining any commissions and fees, whether on a per trade basis or other basis, to be charged for Customer’s transactions, in addition to AmerexFx’s standard commissions and fees.
As the clearing firm for Customer’s account, AmerexFx shall have responsibility for performing the following services:
Opening, approving, servicing and monitoring Customer’s account(s), including obtaining and verifying new account information as required by law and regulation.
Maintaining account records on Customer’s behalf.
Accepting and executing transactions in Customer’s account(s).
Determining margin, paying and charging interest, rolling over of open positions, liquidating under-margin positions, and supervising rehypothecation of any funds in Customer’s Account(s).
Debiting from Customer’s account any commissions or fees owed to IB or other third party.
Preparing and transmitting to Customer monthly or, if appropriate, quarterly account statements, by mail or electronically.
Responding to inquiries or complaints regarding Customer’s account.
12. FOREIGN ACCOUNTS. Customers not residing in the United States (”Foreign Accounts”) may be asked to comply with requests for special information by AmerexFx as required by any governmental unit or regulatory agency. This includes, but is not limited to, special calls for information. In the event of a special call for information, AmerexFx or its agent shall be required to obtain the information set forth by any governmental unit or regulatory agency requesting information. In addition, failure to respond to a special call may cause transactions to be prohibited (other than offsetting trades) for Customer. Foreign Accounts are required to provide a copy of a valid government issued photo ID.
The ID must include:
-
1.) Name;
2.) ID number;
3.) Date of birth; and
4.) address. This will be accepted as a single form of identification for account opening purposes. If the government issued photo ID does not contain an address or other required criteria, separate documents will be required.
13. TRADE CONFIRMATIONS. Trades executed online will be confirmed online at the time of the trade and trades entered into by telephone will be confirmed verbally and online by 17:30 EST on the day of execution. Reports of the confirmation of orders and statements of Accounts for Customer shall be deemed correct and shall be conclusive and binding upon Customer the sooner of: (x) three (3) Business Days after transmittal to Customer by posted mail; or (y) immediately with respect to Orders confirmed via the AmerexFx Online Trading System. Customer may object to confirmations and statements by telephone within the time frames identified above, but any such objection must be confirmed by e-mail to clientservices@AmerexFx.com Failure to object shall be deemed ratification by Customer of all actions taken by AmerexFx or AmerexFx’s agents prior to Customer’s receipt of such reports. Customer’s failure to receive a trade confirmation shall not relieve Customer of the obligation to object as set out herein. Customer agrees to immediately call to AmerexFx’s attention any oral information that Customer has reason to believe is inconsistent with Customer’s own information. Customer understands, acknowledges and agrees that errors, whether resulting in a profit or loss to Customer, shall be corrected, and Customer’s Account will be credited or debited in such manner and extent as to place Customer’s Account in the same position in which it would have been had the error not occurred.
14. COMMUNICATIONS. Reports, statements, notices and any other communications from AmerexFx may be transmitted to Customer by (x) placement on AmerexFx’s Website; or (y) United States mail or other delivery service to Customer’s current address as reflected on AmerexFx’s records. Customer shall notify AmerexFx immediately of any change in Customer’s address by e-mail to clientservices@AmerexFx.com. All communications sent by AmerexFx shall be deemed effective when deposited by AmerexFx in the United States mail or with another delivery service, or when received by a transmitting agent (such as an Internet service provider) for transmission to Customer, whether actually received by Customer or not. All communications sent by Customer shall not be deemed effective until accepted by AmerexFx.
15. AmerexFx RESPONSIBILITIES. AmerexFx shall not be liable to Customer for any claims, losses, damages, costs or expenses, including attorneys’ fees, caused, directly or indirectly, by any events, actions or omissions, including, without limitation, claims, losses, damages, costs or expenses, including attorneys’ fees, resulting from civil unrest, war, insurrection, international intervention, governmental action (including, without limitation, exchange controls, forfeitures, nationalizations, devaluations), natural disasters, acts of God, market conditions, inability to communicate with any relevant person or any delay, disruption, failure or malfunction of any transmission or communication system or computer facility, whether belonging to AmerexFx, Customer, any market, or any settlement or clearing system.
16. INTELLECTUAL PROPERTY AND CONFIDENTIALITY. All copyright, trademark, trade secrets and other intellectual property rights in the AmerexFx Online Trading System shall remain at all times the sole and exclusive property of AmerexFx and/or its 3rd party service providers and Customers shall have no right or interest in the Trading System(s) except for the right to access and use the Trading System(s) as specified herein. Customer acknowledges that the Trading System(s) are confidential to AmerexFx and/or its 3rd party service providers and have been developed through the expenditure of substantial skill, time, effort and money. The Customer will protect the confidentiality of AmerexFx and/or its 3rd party service providers by allowing access to the Trading System(s) only by its employees and agents on a need to access basis. Customer will not publish, distribute, or otherwise make information available to third parties any information derived from or relating to the Trading System(s). Customer will not copy, modify, de-compile, reverse engineer, and make derivative works of the Trading System(s) or in the manner in which it operates.
17. INDEMNIFICATION. Customer agrees to indemnify and hold AmerexFx, its affiliates, employees, agents, successors and assigns harmless from and against any and all liabilities, claims, losses, damages, costs and expenses, including attorneys’ fees, incurred by AmerexFx arising out of:
(i) Customer’s failure to fully and timely perform its obligations hereunder;
(ii) any of Customer’s representations and warranties made that may at any time be untrue or incorrect and
(iii) any failure or omission Online Trading System.
Customer also agrees to pay promptly to AmerexFx any and all claims, losses, damages, costs and expenses, including attorneys’ fees, incurred by AmerexFx in the enforcement of any of the provisions of this Agreement, any Contracts and other transactions hereunder, and any other agreements between AmerexFx and Customer and the collection of any amounts due hereunder and there under.
18. DISCLOSURE OF CUSTOMER INFORMATION. AmerexFx will not share or sell information regarding its customers and/or prospective customers, except to its employees, agents, partners, and associates as required in the ordinary course of AmerexFx’s business conducted on behalf of customers, including, but not limited to, AmerexFx’s banking or credit relationships. AmerexFx may also disclose to federal or state regulatory agencies and law enforcement authorities information regarding Customer and Customer’s transactions in response to a request for such information and may disclose information regarding Customer and Customer’s transactions in response to a court order or subpoena.
19. JOINT ACCOUNTS AND/OR TRUST ACCOUNTS. If more than one natural person executes this Agreement as Customer, all such natural persons agree to be jointly and severally liable for the obligations assumed in this Agreement. If this Agreement is executed by a trust, unincorporated association, partnership, custodian or other fiduciary, such Customer hereby agrees to indemnify, defend, save and hold free and harmless AmerexFx for any liabilities, claims, losses, damages costs and expenses, including attorneys’ fees, resulting directly or indirectly from breach of any fiduciary or similar duty or obligation or any allegation thereof, including attorneys’ fees.
20. AMENDMENTS. Customer understands, acknowledges and agrees that AmerexFx may amend or change this Agreement at any time. AmerexFx will provide notice to Customer of any such amendment or change by posting the amendment or change to the Website or by sending an e-mail message to Customer. Customer agrees to be bound by the terms of such amendment or change on the earlier of: (x) ten (10) days after AmerexFx has posted notice of such amendment or change to the Corporate Website; or (y) on the date of the entry of any Order other than a Liquidating Order. In the event that Customer objects to any such change or amendment, Customer agrees to liquidate Customer’s Open Positions and instruct AmerexFx regarding the disposition of all assets in Customer’s Account within ten (10) Business Days after notice of the amendment or change has been posted to the Corporate Website. No waiver or amendment of this Agreement may be implied from any course of dealing between the parties or from any failure by AmerexFx or its agents to assert its rights under this Agreement on any occasion or series of occasions. No oral agreements or instructions to the contrary shall be recognized or enforceable.
21. TERMINATION. This Agreement shall continue and be in effect until termination by Customer or AmerexFx.
Customer may terminate this Agreement if:
(i) Customer has no open Foreign Currency positions and no liabilities held by or owed to AmerexFx; and
(ii) Customer has provided three (3) days’ written notice to AmerexFx by
e-mail to “clientservices@AmerexFx.com” and
(iii) AmerexFx has accepted the notice as provided in Section 16 hereof.
AmerexFx may, in its sole discretion, terminate this Agreement at any time, effective as of the close of business on the day notice is sent to Customer. Termination by either party shall not affect any Contracts or other transactions previously entered into and shall not relieve either party of any obligations set out in this Agreement, nor shall it relieve Customer of any obligations arising out of any deficit balance.
22. ENTIRE AGREEMENT. This Agreement together with the Customer Account Application embodies the entire agreement between AmerexFx and the Customer, superseding any and all prior written and oral agreements.
23. RECORDINGS. Customer acknowledges and agrees that any and all conversations between Customer and AmerexFx principals, agents, employees or associates, including the AmerexFx Trading Desk and customer service and operations desks may, at the option and in the sole discretion of AmerexFx, be recorded electronically with or without the use of an automatic tone warning device. Customer further agrees to the use of such recordings and transcripts thereof as evidence by either party in connection with any dispute or proceeding that may arise involving Customer or AmerexFx.
24. BINDING EFFECT. This Agreement shall be continuous and shall cover, individually and collectively, all Accounts of Customer at any time opened or reopened with AmerexFx, irrespective of any change or changes at any time in the personnel of AmerexFx or its successors, assigns, or affiliates. This Agreement, including all authorizations, shall inure to the benefit of AmerexFx and its successors and assigns, whether by merger, consolidation, or otherwise and shall be binding upon Customer and/or the personal representatives, heirs, executor, administrator, trustee, legatees, legal representative, successors and assigns of Customer.
25. LAW AND JURISDICTION; SEVERABILITY. This Agreement is governed by, and shall be construed in accordance with the laws of the State of New York, United States of America without giving effect to any conflict of laws doctrine that would interfere with or prevent the application of this provision. With respect to any suit, action or proceeding (“Proceeding”) relating to this Agreement, Customer irrevocably
-
(i) submits to the exclusive jurisdiction of the State and federal courts located in the Borough of Manhattan, State of New York;
(ii) agrees to service of process in any legal proceeding by sending copies thereof by registered or certified mail, if practicable (postage prepaid) to the other party at the address set forth in this Agreement or updated as provided in Paragraph 15 hereof (where service of process is being made by AmerexFx);
(iii) waives any objection which it may have at any time to the laying of venue of any Proceeding brought in any such court, waives any claim that such Proceeding have been brought in an inconvenient forum; and
(iv) further waives the right to object, with respect to such Proceeding, that such court does not have jurisdiction over such party.
Alternatively, at the option of either AmerexFx or Customer any proceeding hereunder may be submitted for arbitration before the Hong Kong Arbitration Association at either the Association’s Hong Kong Office. The arbitration shall be conducted according to the rules then in effect of the American Arbitration Association. Any award of the arbitrator(s) will be final and binding. If any clause of this Agreement is determined void or invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect.
26. ACCEPTANCE. This Agreement shall not be deemed to be accepted by AmerexFx or become a binding contract between Customer and AmerexFx until the signed Customer Account Application has been received and approved by AmerexFx. In the event that there are any unauthorized alterations or deletions to this Agreement or related documents such alteration and deletions shall not be binding on AmerexFx and said original forms shall govern Account.
Consent to Electronic Transmission of Account Statements
Customer hereby consents to receive account statements (monthly and daily statements) online. AmerexFx will provide Customer with password-protected access to online reports. Customer will be able to generate daily, monthly and annual account statements detailing transaction activity, profit and loss statements, open positions, margin balances, account credits and debits, etc. Hard copies of monthly customer statements are available upon request only and may incur an additional charge. Statements are deemed received when made available to Customer by AmerexFx, regardless of whether Customer actually accessed the statement. Customer is responsible for alerting AmerexFx to any change in his/her e-mail address. This consent shall be effective until revoked by Customer in writing and received by AmerexFx according to paragraph 15 of this Customer Agreement.
Authorization To Transfer Funds
Customer hereby agrees that AmerexFx may at any time and from time to time, in the sole discretion of AmerexFx, apply and transfer from any of Customer’s Accounts with AmerexFx to any of Customer’s other accounts, whether held at AmerexFx or other approved financial institutions, any of the Contracts, currencies, securities or other property of Customer held either individually or jointly with others to another account.
Agreement To Use Collateral
Customer authorizes AmerexFx to sell, pledge, rehypothecate, assign, invest, commingle and otherwise use any Collateral held by AmerexFx, including, but not limited to, using the Contracts as collateral for a loan to AmerexFx, and, further dealing with the Collateral, as provided in the Customer Agreement (including, but not limited to Paragraph 6 thereof). Where Customer’s Account consists of more than one Account, this authorization shall apply to all of Customer’s Accounts with AmerexFx. This Agreement to Use Collateral shall remain in effect so long as Customer’s Account with AmerexFx remains open or Customer has any obligations of any kind to AmerexFx, under the Customer Agreement.
Social Security / Tax ID Certification (for USA Client)
Customer hereby certifies, under penalty of perjury, that
(1) the number provided on the Customer Application is Customer’s valid Social Security or Taxpayer Identification Number and
(2) the ownership, or beneficiary, of Customer’s Account is not subject to backup withholding under Section 3406(a)(1)(C) of the Internal Revenue Code.
RISK DISCLOSURE STATEMENT
In consideration of AmerexFx Group, Limited (“AmerexFx”) agreeing to enter into Over-the-Counter (“OTC”) Foreign Exchange Contracts with the undersigned (hereinafter referred to as the “Customer”), Customer acknowledges, understands and agrees that:
1. Trading Is Very Speculative and Risky.
Foreign Exchange Trading is highly speculative and is suitable only for those customers who (a) understand and are willing to assume the economic, legal and other risks involved, and (b) are financially able to assume losses significantly in excess of Margin or deposits. Foreign Exchange is not an appropriate investment for retirement funds. Customer represents, warrants and agrees that Customer understands these risks; that Customer is willing and able, financially and otherwise, to assume the risks of Foreign Exchange Trading and that loss of Customer’s entire Account Balance will not change Customer’s life style.
2. High Leverage And Low Margin Can Lead To Quick Losses.
The high leverage and low Margin associated with Foreign Exchange Trading can result in significant losses due to price changes in Foreign Exchange Contracts and Cross Currency Contracts. AmerexFx’s Margin policies may require that additional funds be provided to properly margin Customer’s Account and that Customer must immediately meet such Margin requirements. Failure to maintain the required Margin Balance may result in the liquidation of any Open Positions with a resultant loss to Customer. Increasing leverage increases risk.
3. Prices, Margin And Valuations Are Set By AmerexFx And May Be Different From Prices Reported Elsewhere.
AmerexFx will provide prices to be used in trading, valuation of Customer positions and determination of Margin requirements. Although AmerexFx expects that these prices will be reasonably related to prices available in the interbank market, prices reported by AmerexFx may vary from prices available to banks and other participants in what is known as the interbank market. AmerexFx will exercise considerable discretion in setting and collecting Margin. AmerexFx is authorized to convert funds in Customer’s Account for Margin into and from such Foreign Currency at a rate of exchange determined by AmerexFx in its sole discretion on the basis of then-prevailing money market rates.
4. One Click Trading And Immediate Execution.
AmerexFx’s automated order entry systems provide immediate transmission of Customer’s order once Customer enters the notional amount and clicks “Buy/Sell.” There is no “second look” before transmission, and Market Orders cannot be cancelled. This feature may be different from other trading systems. Customer should utilize the Demo Trading Systems to become familiar with the order entry process before trading online with AmerexFx. Customer agrees that by using AmerexFx’s order-entry system, Customer agrees to the one-click system and accepts the risk of this immediate transmission feature.
5. Telephone Orders And Immediate Execution.
Market Orders executed through the AmerexFx Trading Desk are completed when AmerexFx says “deal” or “done.” At that point Customer has bought or sold and cannot cancel the Market Order. By placing Market Orders through the AmerexFx Trading Desk, Customer agrees to such immediate execution and accepts the risk of this immediate execution feature.
6. Market Recommendations Are Informational, Customer Makes Independent Decisions, And AmerexFx Is Not An Adviser Or A Fiduciary To Customer.
The market recommendations provided by AmerexFx do not constitute an offer to buy or sell, or the solicitation of an offer to buy or sell, any Foreign Exchange Contracts or Cross Currency Contracts. Each decision by Customer to enter into a Contract or other transaction with AmerexFx and each decision whether a Contract or other transaction is appropriate or proper for Customer is an independent decision by Customer. AmerexFx is not acting as an advisor or serving as a fiduciary to Customer. Customer agrees that AmerexFx has no fiduciary duty to Customer and no liability in connection with and is not responsible for any liabilities, claims, damages, costs and expenses, including attorneys’ fees, incurred in connection with Customer following AmerexFx’s trading recommendations or taking or not taking any action based upon any recommendation or information provided by AmerexFx.
7. Recommendations Are Based On Personal Judgments And Are Not Guaranteed.
The market recommendations of AmerexFx are based solely on the judgment of AmerexFx’s personnel. These market recommendations may or may not be consistent with the market positions or intentions of AmerexFx, its affiliates and employees. The market recommendations of AmerexFx are based upon information believed to be reliable, but AmerexFx cannot and does not guarantee the accuracy or completeness thereof or represent that following such recommendations will reduce or eliminate the risk inherent in Foreign Exchange Trading.
8. There is no Central Market or Clearinghouse Guarantee of Payment.
Foreign exchange trading with AmerexFx is not conducted on a regulated market or exchange. Each Contract is a contract directly between AmerexFx and the Customer. There is no clearinghouse and no guarantee by any other party of AmerexFx’s payment obligations to the customer. Customer must look only to AmerexFx for performance on all Contracts in Customer’s Account and for return of any Margin or Collateral. The insolvency of AmerexFx or a default by AmerexFx could cause Customer to lose the value of its Account and to suffer additional losses from Open Positions.
9. No Guarantees Of Profit.
There are no guarantees of profit or freedom from loss in Foreign Exchange Trading. Customer has received no such guarantees from AmerexFx or from any of its representatives. Customer is aware of the risks inherent in Foreign Exchange Trading and is financially able to bear such risks and withstand any losses incurred.
10. Customer May Not Be Able To Close Open Positions.
Due to market conditions or other circumstances AmerexFx may be unable to close out Customer’s position at the level specified by Customer, and Customer agrees AmerexFx will bear no liability for failure to do so.
11. Trading Ahead And Along.
AmerexFx, its personnel and affiliates and various other parties may execute orders at the same or better prices ahead of a Customer Order.
12. Third Party Agents.
In the event that Customer grants trading authority or control over Customer’s Account to a third party (the “Trading Agent”), whether on a discretionary or non-discretionary basis, AmerexFx shall in no way be responsible for reviewing Customer’s choice of such Trading Agent or for making any recommendations with respect thereto. AmerexFx makes no representations or warranties concerning any Trading Agent; AmerexFx shall not be responsible for any loss to Customer occasioned by the actions of the Trading Agent; and AmerexFx does not, by implication or otherwise, endorses or approve of the operating methods of the Trading Agent. If Customer gives the Trading Agent authority to exercise any of its rights over its Account, Customer does so at Customer’s risk. Even though the undersigned grants authority to Trading Agent, client should be deligent and closely scrutinize all account activity. AmerexFx provides online Account access at www.AmerexFx.com/reports, whereby Client may view their Account Value and Account Activity.
13. Internet Trading.
Since AmerexFx does not control signal power, its reception or routing via Internet, configuration of Customer’s equipment or reliability of its connection, AmerexFx shall not be liable for any claims, losses, damages, costs or expenses, including attorneys’ fees, caused, directly or indirectly, by any breakdown or failure of any transmission or communication system or computer facility or trading software, whether belonging to AmerexFx, Customer, any market, or any settlement or clearing system when Customer trades online (via the Internet).
14. Telephone Orders.
AmerexFx is not responsible for disruption, failure or malfunction of telephone lines.
15. Quoting Errors.
Should a quoting error occur due to a mistype of a quote or a misquote given by telephone and/or electronic means (including responses to Customer requests), AmerexFx is not liable for any resulting errors in Account Balances and reserves the right to make necessary corrections or adjustments on the Account involved. Any dispute arising from such quoting errors will be resolved on the basis of the fair market value, as determined by AmerexFx, in its sole discretion, of the relevant Currency at the time such an error occurred. In cases where the prevailing market represents prices different from the prices AmerexFx has posted on our screen, AmerexFx will attempt, on a best efforts basis, to execute trades on or close to the prevailing market prices. These prevailing market prices will be the prices, which are ultimately reflected on the Customer Statements. This may or may not adversely affect customer realized and unrealized gains and losses.
16. Creditor Priority in Bankruptcy.
The transactions you are entering into with AmerexFx are not traded on an exchange. Therefore, under the U.S. Bankruptcy Code, your funds may not receive the same protections as funds used to margin or guarantee exchange-traded futures and options contracts, which receive a priority in bankruptcy. Since the same priority has not been given to funds used for off-exchange forex trading, if AmerexFx becomes insolvent and you have a claim for amounts deposited or profits earned on transactions with AmerexFx, your claim may not receive a priority. Without a priority, you are a general creditor and your claim will be paid, along with the claims of other general creditors, from any monies still available after priority claims are paid. Even customer funds that AmerexFx keeps separate from its own operating funds may not be safe from the claims of other general and priority creditors.
TRADING POLICIES AND PROCEDURES
1. INTRODUCTION.
AmerexFx’s Trading Policies and Procedures are an integral part of your Customer Agreement. It is your responsibility as Customer to carefully read these Trading Policies and Procedures and to inform AmerexFx of any questions or objections that you may have regarding them before entering each and every trading Order. In entering your trading Orders with AmerexFx, you agree, represent, warrant and certify that you understand and accept these Trading Policies and Procedures, as they are set forth here and as may be amended from time to time by AmerexFx, in its sole discretion, and you agree to comply with these Trading Policies and Procedures as currently in effect at any time. Terms capitalized in these Trading Policies and Procedures are defined in the Glossary as found on www.AmerexFx.com/glossary
2. TRADING HOURS.
All references to AmerexFx hours of trading are in U.S. Eastern Time (“ET”) using a 24-hour format. AmerexFx’s normal trading hours are 24 hours a day from 17:00 ET on Sunday to 16:30 ET on Friday. AmerexFx reserves the right to modify its trading hours at any time and on such an event will inform clients in advance on a best efforts basis of any changes in its operating hours. Following submission of an Order to trade, it is the sole responsibility of Customer to remain available for Order and Fill confirmations, and other communications regarding Customer’s AmerexFx Account until all open Orders are completed. Thereafter, Customer must monitor Customer’s Account frequently when Customer has Open Positions in the Account.
3. TRADING ORDERS.
3.1 Order Entry.
All Orders must be placed through the AmerexFx Online Trading System or by telephone to the AmerexFx Trading Desk. Telephone orders are accepted in the sole discretion of AmerexFx.
3.2. Types of Orders Accepted.
Some of the types of Orders AmerexFx accepts include, but are not limited to:
a) Day Only Order
An order (other than a Market Order) that is effective until 17:00 EST on the day that it was requested.
b) Good till Canceled Order (“GTC”)
An Order (other than a Market Order), that by its terms is effective until the earlier of thirty calendar days or until canceled by Customer. If the thirtieth calendar day is not a Business Day, the order will expire on the last Business Day within the thirty-day period. GTC orders do not automatically cancel at the end of the Business Day.
c) Limit Order
An Order (other than a Market Order) to buy or sell the identified Currency, or pair of Currencies, at a specified Foreign Exchange Rate. A Limit Order to buy generally will be executed when the Ask Price equals or falls below the Foreign Exchange Rate as specified in the Limit Order. A Limit Order to sell generally will be executed when the Bid Price equals or exceeds the Foreign Exchange Rate specified in the Limit Order.
d) Market Order
An Order to buy or sell the identified Currency, or pairs of Currencies, at the current market Foreign Exchange Rate. An Order to buy is executed at the Ask Price, and an Order to sell is executed at the Bid Price.
e) One Cancels the Other Order (“OCO”)
An order that is linked to another order. If one of the orders is executed, the other will be automatically cancelled.
f) Stop/Loss Order
An order to buy or sell at a specified Foreign Exchange Rate away from the current market for the purpose of liquidating an Open Position during market conditions in which there has been an adverse movement in Foreign Exchange Rates. Execution of such an order can occur at a rate adverse to the Stop/Loss order rate as specified by the Customer. A Stop/Loss Order to buy generally will be executed when the Ask Price equals or exceeds the Foreign Exchange Rate as specified in the Stop/Loss Order. A Stop/Loss Order to sell generally will be executed when the Bid Price equals or falls below the Foreign Exchange Rate specified in the Stop/Loss Order.
3.3. One Click Order Entry/One Click Execution of Market Orders.
3.3.1. Electronic Order entry for Market Orders equals Order execution.
To enter an online Order, Customer must access the deal entry screen, enter the notional amount, i.e., the size of the trade, and select the Eligible Foreign Currencies or Cross Currency Pairs. When prepared to trade, Customer must then click on “BUY/SELL.” The Order is filled shortly after the Customer hits “BUY/SELL”, if the Customer has sufficient funds in his or her Account and a “deal failed” message is not received. Deals may fail for several reasons including changing dealer prices, insufficient margin, unspecified lot size or unanticipated technical difficulties.
3.3.2. Immediate Execution of Market Orders Through the AmerexFx Trading Desk.
Market Orders executed over the telephone with the AmerexFx Trading Desk are completed when AmerexFx says “deal” or “done.” At that point Customer has bought or sold and cannot cancel the Market Order. Customer agrees by placing Market Orders through the AmerexFx Trading Desk to such immediate execution and accepts the risk of this immediate execution feature.
3.3.3. Order Cancellation. Non-market Orders may be cancelled via the AmerexFx Online Trading System.
Rapid changes in Bid Prices and Ask Prices, however, may cause Customer’s Order to be executed before Customer can cancel it and AmerexFx shall have no liability for any claims, losses, damages, costs or expenses, including attorneys’ fees, arising directly or indirectly out of the failure of such Order to be cancelled.
3.4. Capacity.
AmerexFx acts as a principal and is the counter party in each Contract or transaction with its Customers.
3.5. Terms of Acceptance for Orders.
It is Customer’s sole responsibility to clearly indicate the terms of an Order when entered, whether Market Order, Limit Order, Stop/Loss Order, Day-Only Order, OCO Order or GTC Order, including the Order’s Value Date and specified Spot Rate limits, where applicable. Although a Spot Rate is specified upon entry of Stop/Loss Orders, Limit Orders and other non-market Orders, market conditions may often prevent the execution of an individual Customer’s non-market Orders despite other dealing activity at that price level, or may often require non-market Orders to be Filled at a substantially different Spot Rate, and Customer agrees to accept the best rate which AmerexFx, in its discretion, may assign to the Fill. Customer acknowledges that AmerexFx shall accept all non-market Orders only on a best-efforts basis. AmerexFx shall have no liability for failure to Fill Orders, and makes no guarantee of an Order’s priority over the Orders of AmerexFx, its other customers, associated principals, officers, directors, affiliates, associates, employees, banks, bank employees or other dealers. AmerexFx shall have the right, but not the obligation, to reject any Order in whole or in part before or after confirmation, or to cancel and rescind any Fill, where Customer’s Account contains Margin that is insufficient TO SUPPORT THE ENTIRE ORDER at the time that market levels reach the order levels as specified by the client, or where, in the opinion and sole discretion of AmerexFx, the execution of such Order may place Customer’s Account in an insufficient Margin condition, or where such Order or Fill is illegal or otherwise improper.
3.6. Confirmation of Fills.
Trades executed online will be confirmed online in the Activity Log, Deal Blotter and on the Execution Screen, and the Position Management Screen is updated online as each trade is executed. Telephone orders are verbally confirmed and confirmed online in the Deal Blotter and Position Management Screen by 17:30 EST on the day the order is placed. Confirmation of Fills, and statements of Accounts for Customer shall be deemed correct and shall be conclusive and binding upon Customer if not objected to immediately by phone or email if placed through AmerexFx’s Online Trading System or by telephone to the AmerexFx Trading Desk, and such objection is confirmed in writing within three (3) days after transmittal to Customer by mail or otherwise. AmerexFx reserves the right to be the final arbiter with respect to disputed Orders. In cases where the prevailing market represents prices different from the prices AmerexFx has posted on our screen, AmerexFx will attempt, on a best efforts basis, to execute trades on or close to the prevailing market prices. These prevailing market prices will be the prices, which are ultimately reflected on the Customer Statements. This may or may not adversely affect customer realized and unrealized gains and losses.
4. CUSTOMER ACCOUNTS; INITIAL DEPOSITS; DEMO TRADING SYSTEMS.
4.1. Documents.
Before you can place an Order with AmerexFx, you must complete the Customer Account Application and read, complete and sign the Customer Agreement, including the Risk Disclosure Statement, Secondary Risk Disclosure Statement and these Trading Policies and Procedures and all applicable addenda. You must deposit sufficient funds in your Account, your Customer Account Application must be approved by AmerexFx, your deposited funds must have cleared the banking system, and you must have completed the Demo Trading Systems, if required to do so by AmerexFx. Also, AmerexFx must accept your Customer Account Application before AmerexFx will permit you to trade in your Account. You will be notified by e-mail when your Customer Account Application has been approved. If a Customer applies online, Customer will be permitted to trade only after AmerexFx has received a completed and signed Customer Account Application and Customer Agreement. AmerexFx may, in its sole discretion, initially accept a fax copy of the signed Customer Account Application and may permit one or more trades if Customer has deposited sufficient funds into the Account. In this case, AmerexFx must receive an original signed copy of the entire Customer Account Application and Customer within seven (7) days of completion of the online Customer Account Application. If AmerexFx does not receive the Customer Account Application and Customer Agreement with original signatures, AmerexFx reserves the right to liquidate any Open Positions in the Account and to close the Account.
4.2. Currency for Rendering Accounts.
All Account Balances will be computed and reported only in U.S. Dollars. Other currencies are accepted for account funding via wire transfer only; review http://www.AmerexFx.com/support_forms.html for further information and instructions.
4.3. Recognition of Deposits.
No deposit shall be recognized until the wire or check has been fully cleared and collected by AmerexFx’s bank or depository institution. You will be notified via e-mail once your funds have been received by AmerexFx and are available for trading.
4.4. Fees.
All banking fees shall be charged to Customer’s Account at AmerexFx’s discretion, including a $25.00 AmerexFx fee, over and above any bank fees, for each returned check.
5. MARGIN REQUIREMENTS.
Customer shall provide and maintain with AmerexFx margin in such amounts and in such form that AmerexFx, in it is sole discretion may require. AmerexFx does not require Customers to pay the full price of Foreign Currencies Customer may buy and sell. Instead, Customer is required to post a small percentage of the full amount which Customer is obligated to pay to AmerexFx under the Contract, to secure Customer’s obligations to AmerexFx. Margin includes Required Margin for Open Positions, which is based on (i) the Opening Margin Requirement; (ii) the Minimum Margin Requirement; (iii) the market value of Open Positions; and (iv) any additional amount as AmerexFx, in its sole discretion, believes is prudent to require. Customer must maintain the Minimum Margin Requirement on their Open Positions at all times. AmerexFx has the right to liquidate any or all Open Positions whenever the Minimum Margin Requirement is not maintained, according to paragraph 9 hereof. Margin requirements are subject to change at any time in AmerexFx’s sole discretion and without prior notice. No previous margin requirement shall preclude AmerexFx from increasing that requirement without prior notice. AmerexFx may, in its sole discretion, elect to impose on a disclosed on undisclosed basis limitations on the maximum number of Open Positions allowed at any time.
6. LIQUIDATION LEVEL.
Subject to all additional rights of AmerexFx under the Customer Agreement, in the event that, in the opinion of AmerexFx and in accordance with AmerexFx’s reasonable best estimate of then prevailing obtainable market Spot Rates, and regardless of whether or not prior Margin Calls have been issued or met, if the Margin Balance should at any time equal or fall below the Required Margin for Customer’s Account in the aggregate, AmerexFx will have the right but not the obligation to liquidate any part of or all Open Positions in Customer’s Account. Any failure by AmerexFx to enforce its rights hereunder shall not be deemed a future waiver of such rights by AmerexFx.
7. WITHDRAWALS.
Withdrawals from a Customer Account require a withdrawal request form signed by all required account holders and submitted to AmerexFx. The Withdrawal Request Form requires a minimum of two (2) Business Days from receipt of the withdrawal request for issuance of funds.
8. MARGIN CALLS.
AmerexFx does not make margin calls in the ordinary course of business. AmerexFx maintains the right to liquidate Customer positions as described in the Section 9 titled “Liquidation of Accounts and Deficit Balances”. However, AmerexFx may from time to time and in its sole discretion, call Customer and request that Customer deposit additional Collateral to secure Customer’s obligations to AmerexFx, over and above the balance in Customer’s Account. Any call for additional margin without exercising the rights to liquidate Customer positions shall not be deemed precedent for future calls nor future waiver of such liquidation rights by AmerexFx.
Secondary Risk Disclosure: High Risk Investment
Trading Is very speculative and risky. Foreign Exchange Trading is highly speculative and is suitable only for those customers who
-
(a) understand and are willing to assume the economic, legal and other risks involved, and
(b) are financially able to assume losses significantly in excess of margin or deposits. Customer represents, warrants and agrees that Customer understands these risks; that Customer is willing and able, financially and otherwise, to assume the risks of Foreign Exchange Trading and that loss of Customer’s entire Account Balance will not change Customer’s life style.
The high leverage and low margin associated with Foreign Exchange Trading can result in significant losses due to price changes in Foreign Exchange Contracts and Cross Currency Contracts. Company’s margin policies may require that additional funds be provided to properly margin Customer’s Account and that Customer must immediately meet such margin requirements. Failure to maintain Margin Balance in an amount equal to or exceeding 25% of initial margin requirement may result in the liquidation of any open positions with resultant loss to Customer