Customer Account Letter
This is a legal contract between MMA Financial
Limited, a company registered in the British Virgin Islands, herein after known
as ("MMA ", "us" or "we") its successors and assigns, and the party/parties (the
"Customer", "client" or "you") executing this document. This document, together
with our risk disclosure statement and privacy statement, represents the terms
with which MMA will do business with Customer. This document sets out the
respective rights and obligations of both parties in connection with this
service and both parties will accept and be bound by these terms on acceptance
of the terms contained herein and on completion of the application form by
Customer. This document, together with the attached Agreement, our risk
disclosure statement and privacy statement, represents the terms with which MMA
will do business with Customer. In connection with opening an account with MMA
to speculate and/or purchase and/or sell in foreign exchange contacts in the
international over the counter (OTC) markets and/or contracts for differences in
commodities, metals, currencies and indices (hereinafter referred together as
"FX/CFDs"), and the receipt of such other services and products as MMA may, in
its sole discretion, determine to offer from time to time in the future,
Customer acknowledges that it has been advised and understands the following
factors concerning trading in OTC, in addition to those contained in the Risk
Disclosure Statement which is posted on MMA"s website.
IMPORTANT NOTICES
1. OTC is not traded on a regulated exchange.
There are no guarantees to the credit worthiness of the counter party of your
FX/CFD position. Also, there may be certain cases in which trading liquidity
decreases, causing FX/CFD's in commodities, currencies metals and indices to
cease, thereby preventing the liquidation of an adverse position which may
result in a substantial financial loss.
2. Trading in OTC is suitable only
for those sophisticated institutions or sophisticated participants financially
able to withstand losses which may equal the value of margins or deposits.
3. MMA does not provide investment advice. The market recommendations,
signals, information provided by and/or distributed by MMA are general in nature
and based solely on the judgment of MMA's personnel or from third party
information providers. These market recommendations may or may not be consistent
with the market position or intentions of MMA, its affiliates, and/or employees.
Market information provided by MMA is based upon information believed to be
reliable, but MMA cannot and does not guarantee the accuracy or completeness of
professional information distributed by it to Customer or posted on its website,
and does not represent that reliance on such information will eliminate the risk
inherent in trading FX/CFD's. Any information provided by MMA and/or its
subsidiaries, affiliates or agents, or third party information providers, does
not constitute an offer to buy or sell, or the solicitation of an offer to buy
or sell, any OTC transaction. Customer understands and hereby agrees that
Customer is capable of, and solely responsible for, assessing the merits and
risks of any trade it may enter into with MMA.
4. Customer understands that
MMA does not permit its personnel to either exercise discretion or manage an OTC
account. If Customer's account is not being traded with Customer's
authorization, Customer must notify MMA immediately.
5. MMA's margin
policies and/or the policies of those banks/clearing houses through which trades
are executed may require that additional funds be provided to properly margin
Customer's account and Customer is obligated to immediately meet such margin
requirements. Failure to meet margin calls may result in the liquidation of any
open positions with a resultant loss. MMA reserves the right to refuse to accept
any order.
6. Customer understands that all accounts that it has with MMA
are non-segregated and that MMA will treat these accounts as such.
7.
Customer understands that it must carefully review the reports relating to
Customer's trading posted online by MMA. Pursuant to the Customer Agreement, all
reports of execution and statements of accounts will be deemed final unless
customer objects within two business days of being posted. Objections may be
made initially by email or by telephone, but must be confirmed thereafter in
writing.
8. Customer understands that MMA may establish rules and provisions
for client accounts, including and not limited to minimum account size,
investment time period, commissions and fees, leverage size per instrument, mark
ups, rules relating to stop losses and limits, rules relating to rollovers,
rules relating to margin calls, or any other financial arrangement, and that
such rules and provisions may be changed by MMA from time to time.
9.
Customer has read and understands the Customer's obligations and rights under
this Customer Account Letter and the following Customer Agreement and agrees and
acknowledges that this Customer Account Letter, the Customer Agreement (below),
the risk disclosure statement and the privacy statement will control the
Customer's relationship with MMA. Customer agrees that Customer is fully
responsible for making all final decisions as to transactions effected for
Customer's account. Customer has considered the foregoing factors and in view of
Customer's present and anticipated financial resources, Customer is willing and
able to assume the substantial financial risks of OTC trading.
IT IS THE CUSTOMER'S RESPONSIBILITY TO FIND OUT ALL NECESSARY
INFORMATION ABOUT TRADING IN FX/CFD's AND MMA TERMS AND CONDITIONS AND MAKE SURE
THAT ALL RISKS AND ARRANGEMENTS ARE DISCUSSED AND CLEARLY UNDERSTOOD PRIOR TO
ANY TRADING ACTIVITY. PLEASE NOTE: BY USING MMA"S TRADING PLATFORM, YOU INDICATE
YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY
AND COMPLY WITH ITS TERMS. ADDITIONAL APPROVAL IS NOT REQUIRED FOR THE VALIDITY
OR ENFORCEABILITY OF THIS AGREEMENT. YOU SHOULD READ THIS AGREEMENT CAREFULLY,
INCLUDING ALL ANCILLARY DOCUMENTS AND ANY FURTHER TERMS AND CONDITIONS AND
PRIVACY POLICIES POSTED ON MMA"S SITE, WHICH ARE INCORPORATED HEREIN BY
REFERENCE, AND ANY OTHER DOCUMENTS THAT WE HAVE SUPPLIED OR IN THE FUTURE MAY
SUPPLY TO YOU. IF YOU DO NOT AGREE YOU MUST NOT USE MMA"S TRADING PLATFORM.
CUSTOMER AGREEMENT
In consideration of MMA agreeing to carry one or more accounts
of the undersigned ("Customer") and providing services to Customer in connection
with the purchase and sale of currency in Over-the-Counter Foreign Currency
markets (hereinafter referred to as "OTC"), and the receipt of such other
services and products as MMA may, in its sole discretion, determine to offer
from time to time in the future and which may be purchased or sold by or through
MMA for Customer's accounts(s), Customer agrees as follows:
1. TERMS AND HEADINGS
The term "MMA" or "we" or "us" shall be deemed to mean MMA
Financial Ltd., its successors and assigns; the term "Customer" or "you" shall
mean the party (or parties) whom agreed to be bound by the terms of this
Agreement as indicated by their acknowledgment or use of MMA"s trading platform;
and the term "Agreement" shall include this agreement and all other agreements
and authorizations that apply to Customer in connection with the maintenance of
Customer's account with MMA. The paragraph headings in this Agreement are
inserted for convenience of reference only and are not deemed to limit the
applicability or affect the meaning of any of its provisions.
2. INFORMATION ABOUT MMA
MMA Financial Ltd. is an unregulated company resident in the
British Virgin Islands. Should you wish at any stage to contact us our number is
+971-800MMAGT(66248), and our email address is info@mmaforex.net . All notices to MMA
should be sent to this address. You may also visit our website at
www.mmaforex.net.
3. AUTHORISATION
MMA is authorised to purchase and sell FX/CFD's on an
over-the-counter basis for Customer's account(s) in accordance with Customer's
oral or written or computer instructions, subject to the terms of this Agreement
and all annexes hereto. On completion of the application form by Customer, MMA
will issue Customer with a secure password which is to be used with the chosen
user-name of the Customer. MMA's security systems are designed to ensure that
any information provided to and from Customer is securely transmitted. Customer
is obligated to keep passwords secret and solely responsible to ensure that
third parties do not obtain access to the password or MMA"s trading facilities.
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 to MMA from persons MMA in
its sole judgment, believes are apparently authorized by Customer. If Customer's
account is titled as a joint account, MMA is authorised 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. MMA
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 MMA in reliance on any such instructions or on the apparent authority of any
such persons. MMA has the authority to require joint action by the owners of the
account in matters of the account. MMA may send all correspondences and
documents in respect of the account to any one owner of a joint account. MMA has
possession over the security of the account individually or jointly. If a death
occurs to one or more of the owners of a joint account, MMA shall be notified in
writing and shown proof of a death certificate. All expenses due at the date of
notification shall be charged to the account. Up to the time valid written
notification is provided to MMA, each owner of a joint account is presumed to
have equal share in the joint account.
4. EXECUTION-ONLY SERVICE
MMA offers an execution-only service to its customers in
respect of all contracts offered by MMA. Although MMA issues general market
information to Customer, such information should not be construed as personal
recommendations or advice to trade with MMA. As such we are under no obligation
to assess the suitability or otherwise to the customer trading FX/CFD's with
MMA. All trades entered into by Customer represent an independent decision by
the customer to trade with MMA
5. GOVERNMENTAL COUNTER PARTY INSTITUTION AND
INTERBANKING SYSTEM RULES
All transactions under this Agreement shall be made in
accordance with usage, rulings and interpretations of the counter party
institution or other interbank market (and its clearing organization, if any)
and with all applicable laws and regulations. If any statute shall hereafter be
enacted or any rule or regulation shall hereafter be adopted by any governmental
authority, or a contract market or clearing organization which shall be binding
upon MMA and shall affect in any manner or be inconsistent with any of the
provisions hereof, the affected provisions of this Agreement shall be deemed
modified or superseded, as the case may be by the applicable provisions of such
statute, rule or regulation, and all other provisions of this Agreement and
provisions so modified shall in all respects continue in full force and effect.
Customer acknowledges that all transactions under this Agreement are subject to
the aforementioned regulatory requirements and Customer shall not thereby be
given any independent legal or contractual rights with respect to such
requirements.
6. MARGINS AND DEPOSIT REQUIREMENTS
Customer shall provide and maintain with MMA margin in such
amounts and in such forms as MMA, in its sole discretion, may require. Such
margin requirements may be greater or less than margins required by those banks
or brokers which trades are executed. MMA may change margin requirements at any
time. Customer agrees to deposit by immediate wire transfer, or other payment
method acceptable to MMA, such additional margin when and as required by MMA and
will promptly meet all margin calls in such mode of transmission as MMA in its
sole discretion designates. MMA may at any time proceed to liquidate Customer's
account and any failure by MMA to enforce its rights hereunder shall not be
deemed a waiver by MMA to enforce its rights thereafter. MMA retains the right
to limit the amount and/or total number of open positions which Customer may
acquire or maintain at MMA, and to increase margin requirements in advance of
earnings or other news or events, with or without notice, either before such
events or retroactively or at any other time that it deems at its sole
discretion.Orders must be placed allowing sufficient time to execute and to
calculate margin requirements. Profits deriving from a transaction shall be
added to Customer"s account as additional margin, as long as the transaction is
open, and upon the closing of the transaction, as an addition to the MMAilable
balance for withdrawal. Losses deriving from a transaction shall be deducted
from Customer"s account.
7. BONUSES
MMA may elect to grant a benefit to Customer by depositing
bonus amounts in Customer"s trading account, subject to certain terms and
conditions as shall be determined by MMA, at its sole discretion. Such bonus
amounts may not be withdrawn by Customer, unless Customer complies with the
applicable trading requirements posted on MMA "s website as may be amended from
time to time.
8. ROLLOVERS, PREMIUMS
A daily financing charge may apply to each FX/CFD open position
at the closing of MMA's trading day as regard to that FX/CFD. If such financing
charge is applicable, it will either be requested to be paid by Customer
directly to MMA or it will be paid by MMA to Customer, depending on the type of
FX/CFD and the nature of the position Customer holds. The method of calculation
of the financing charge varies according to the type of FX/CFD to which it
applies. Moreover, the amount of the financing charge will vary as it is linked
to current interest rates (such as LIBOR). The financing charge will be credited
or debited (as appropriate) to Customer"s account on the next trading day
following the day to which it relates.
MMA reserves the right to change the method of calculating the
financing charge, the financing rates and/or the types of FX/CFDs to which the
financing charge applies. For certain types of FX/CFDs, a commission is payable
by Customer to open and close FX/CFD positions. Such commission payable will be
debited from Customer"s account at the same time as MMA opens or closes the
relevant FX/CFD. Trades in FX/CFD are linked to the market price of a certain
base asset, including the market price of future contracts. A few days prior to
the expiration date of the base asset to which the FX/CFD is linked, the base
asset shall be replaced with another asset, and the quotation of the FX/CFD
shall change accordingly. The FX/CFD does not have an expiration date. Trades in
FX/CFD are continuous and the base assets to which it is linked vary from time
to time. MMA reserves the right to determine the base asset to which the FX/CFD
is linked, the date of replacement of the base asset, and the replacement
con
ditions. Following the replacement of the base asset, the
quotation of the FX/CFD shall be adjusted, and the Customer"s account shall be
credited or debited, as applicable, in accordance with the difference in
quotations created due to the replacement of the base asset. The difference in
quotations between the base assets is affected by the difference in rates
between selling and buying of such assets in the market, and therefore the
revaluation of selling and buying transactions shall be in different values. In
most cases, the debits shall be higher than credits.
Any open transaction held by Customer at the end of the trading
day as determined by MMA or over the weekend, shall automatically be rolled over
to the next business day so as to avoid an automatic close and physical
settlement of the transaction. Customer acknowledges that when rolling over such
transactions to the next business day, a premium may be either added or
subtracted from Customer"s account with respect to such transaction. The premium
amount shall be determined by MMA from time to time, in MMA"s absolute
discretion. Customer hereby authorizes MMA to add or subtract the premium to or
from Customer"s account for any open transaction that have accrued a premium, in
accordance with the applicable rate thereto, each day at the time of collection
specified on the trading platform for each individual instrument, as
applicable.
9. CUSTOMER ASSETS
Interest is not payable by MMA on funds deposited by Customer.
All funds, securities, currencies, and other property of Customer which MMA or
its subsidiaries, affiliates or agents may at any time be carrying for Customer
(either individually, jointly with other, or as a guarantor of the account of
any other person) or which may at any time be in the possession or control of
MMA, its subsidiaries or affiliate, or carried on their books for any purpose,
including safekeeping, are to be held by MMA as security and subject to a
general lien and right of set-off for liabilities of Customer to MMA whether or
not MMA has made advances in connection with such securities, commodities,
currencies or other property, and irrespective of the number of accounts
Customer may have with MMA. MMA may in its discretion, at any time and from time
to time, without notice to Customer, apply and/or transfer any or all funds or
other property of Customer between any of Customer's accounts. Customer hereby
also grants to MMA the right to pledge, re-pledge, hypothecate, invest or loan,
either separately or with the property of other Customers, to itself as broker
or to others, any securities or other property of Customer held by MMA as margin
or security. MMA shall at no time be required to deliver to Customer the
identical property delivered to or purchased by MMA for any account of Customer.
This authorization shall apply to all accounts carried by MMA for Customer and
shall remain in full force until all accounts are fully paid for by Customer or
notice of revocation is sent by MMA . Any failure by MMA to enforce its rights
hereunder shall not be deemed a future waiver of such rights by MMA. MMA is
irrevocably appointed as attorney in-fact for Customer and is authorized,
without notice to Customer, to execute and deliver any documents, give any
notice and to take any actions on behalf of Customer, including the execution,
delivery and filing of financing statements, that MMA deems necessary or
desirable to evidence or to protect MMA's interest with respect to any
collateral. In the event that the collateral deemed acceptable to MMA is at any
time insufficient to satisfy Customer's indebtedness or other obligations to
MMA, including obligations to provide margin in accordance with section 11
below, Customer shall promptly pay upon demand the entire amount of such
deficit.
10. DEFAULT OF CREDIT INSTITUTION AND MONITORING
In the event of default of one of our appointed credit
institutions, MMA does not accept responsibility and is not subject to any
liability arising from losses to clients arising from such a default. However,
we conduct appropriate and continuing risk assessment of our appointed credit
institutions in order to ensure that our appointed credit institutions are safe
repositories. We will supply the details of our appointed credit institutions on
request to retail clients, including the names of those institutions and the
client account details. Where Customer does not wish MMA to deposit funds with a
particular credit institution we will return such funds to Customer as soon as
possible, or deposit such funds with a different institution designated by
Customer.
11. LIQUIDATION OF ACCOUNTS AND PAYMENT OF DEFICIT
BALANCES
In the event of (a) the death or judicial declaration of
incompetence of Customer; (b) the filing of a petition in bankruptcy, or a
petition for the appointment of a receiver, or the institution of any insolvency
or similar proceeding by or against Customer; (c) the filing of an attachment
against any of Customer's accounts carried by MMA , (d) insufficient margin, or
MMA "s determination that any collateral deposited to protect one or more
accounts of Customer is inadequate, regardless of current market quotations, to
secure the account; (e) Customer's failure to provide us with any information
requested pursuant to this Agreement or any applicable law; or (f) any abuse of
trading practices, manipulations and/or fraud by Customer or any other person
authorized to use the account; or (g) any other circumstances or developments
that we deem appropriate for its protection, and in MMA"s sole discretion, it
may take one or more, or any portion of, the following actions: (a) satisfy any
obligation Customer may have to us, either directly or by way of guaranty of
suretyship, out of any of Customer's funds or property in MMA "s custody or
control; (b) sell any or purchase any or all Currency contracts and/or
securities held or carried for Customer; and (c) cancel any or all outstanding
orders or contracts, or any other commitments made 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
personal representatives, heirs, executors, administrators, trustees, legatees
or assigns and regardless of whether the ownership interest shall be solely
Customer's or held jointly with others. Prior demand or notice of sale or
purchase shall not be considered a waiver of MMA"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 or short positions, MMA may, in its sole discretion, offset in
the same settlement or it may initiate new long or short positions in order to
establish a hedge which in MMA's sole judgment may be advisable to protect or
reduce existing positions in Customer's account. Any sales or purchases
hereunder may be made according to MMA's judgment and at its discretion with any
interbank or other exchange market where such business is then usually
transacted or at a public auction or private sale, and MMA may purchase the
whole or any part thereof free from any right of redemption. For Customer"s
protection, if the prices quoted on the trading platform change such that the
amount in Customer"s trading account is equal to or less than 10% of the total
amount required to be held in Customer"s trading account in order to keep all
transactions open on the trading platform, all of Customer"s open transactions
shall be automatically closed, whether at a loss or a profit. If the amount in
Customer"s trading account is less than zero, Customer shall promptly notify MMA
and MMA shall nullify the account. Neither MMA nor any of its subsidiaries,
affiliates or agents shall be responsible for any loss or damage caused due to
closing of positions in accordance with this paragraph. In the event the
proceeds realized pursuant to this authorisation are insufficient for the
payment of all liabilities of Customer due to MMA, Customer shall promptly pay
upon demand, the deficit and all unpaid liabilities, together with interest
thereon equal to three (3) percentage points above the then prevailing prime
rate at MMA's principal bank or the maximum interest rate allowed by law,
whichever is lower, and all costs of collection, including attorney's fees,
witness fees, travel expenses and the like. In the event MMA incurs expenses
other than for the collection of deficits, with respect to any of the account(s)
of Customer, Customer agrees to pay such expenses.
12. CHARGES
Customer shall pay such brokerage fees, commissions, interest
payments and special service and all other fees arising out of MMA providing
services. We may charge for incidental banking-related fees such as wire charges
for deposits/withdrawals and returned check fees. MMA reserves the right to
change its fee structure at any time. Where we increase or introduce any new
charges, we will post the changes on its website least 7 days before they take
effect. For certain types of FX/FX/CFDs, a commission is payable by Customer to
open and close FX/CFD positions. Such commission payable will be debited from
Customer"s account at the same time as MMA opens or closes the relevant FX/CFD.
Fees may include such things as statement charges, order cancellation charges,
account transfer charges, telephone order charges or fees imposed by any
interbank agency, bank, contract, market or other regulatory or self-regulatory
organization arising out of MMA"s provision of services hereunder. Customer may
incur additional fees for the purchase of optional or value added services
offered by MMA or any of its subsidiaries, affiliates or agents.
13. COMMUNICATIONS, STATEMENTS AND CONFIRMATIONS
In the course of our dealings with you, you may place orders
with us via our on-line trading platform in the languages which are MMAilable
from time to time. Our platform is updated with additional languages from time
to time. Customer may also place orders via the phone with our dealing room.
Where orders are placed by phone via the dealing room you may communicate with
us in English or if there are dealers with additional languages in languages
which are MMAilable at that specific time. The principal method of communication
between MMA and Customer will be electronically via MMA's website and on-line
trading platforms. Information regarding orders placed and executed will be
addressed personally to Customer through a customer specific account. Reports,
statements, notices trade confirmations, and any other communications will be
posted online and may be transmitted to such address as Customer may from time
to time designate in a written or electronic communication to MMA. Customer is
responsible for alerting MMA to any change in its e-mail address. Communications
are deemed received when made MMAilable to Customer by MMA, regardless of
whether Customer actually accessed the statement. 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. Hard copies of monthly Customer statements are MMAilable
upon request only and may incur an additional charge. Customer understands that
it must carefully review the reports relating to Customer's trading posted
online by MMA. Reports of the confirmation of orders and statements of accounts
for Customer posted online by MMA shall be deemed correct and shall be
conclusive and binding upon Customer if not objected to within two business days
of the posting online. Objections may be made initially by email or by
telephone, but must be confirmed thereafter in writing. If Customer becomes
aware of an error with respect to any report or statement, such as amounts
erroneously credited to Customer, Customer shall immediately inform MMA and is
responsible to return such amount to MMA, and if MMA becomes aware of such
occurrence, MMA is expressly authorized to correct such error by correcting such
report or statement, and, if applicable, treating this as a Deficit Balance.
Customer declares that by providing its registration data to MMA it hereby
consents to, MMA, its subsidiaries, affiliates and agents sending, and Customer
receiving, by means of telephone, facsimile, SMS or e-mail, communications
containing content of a commercial nature relating to Customer"s use of the
trading platform, including information and offers from MMA or third parties
that MMA believes Customer may find useful or interesting, such as newsletters,
marketing or promotional materials. Customer acknowledges that MMA does not have
to separately obtain Customer"s prior consent (whether written or oral) before
distributing such communications to Customer, provided that MMA shall cease to
distribute such communications should Customer notify MMA in writing that
Customer no longer desires to receive such commercial communication. Customer
statements can be generated by Customer at any time on the on-line trading
platform. These statements will record the time the order was executed and the
balance of their account. Our internal records will state the time the order was
requested from Customer.
14. DISCLAIMER OF WARRANTIES / LIMITATION OF
LIABILITY
MMA and/or any of its subsidiaries, affiliates or agents shall
not be responsible for any loss or damage caused, directly or indirectly, by any
events, actions or omissions beyond the control of MMA, including, without
limitation, loss or damage resulting, directly or indirectly, from any delays or
inaccuracies in the transmission of orders and/or information due to breakdown
or failure of transmission or communication facilities, or electrical power
outage. Neither MMA nor any of its subsidiaries, affiliates or agents warrants
that the trading platform or any services provided will be available without
interruption or will be error free and such trading platform and services are
being provided "AS IS" without any representation or warranty of any kind
whatsoever except as otherwise set forth herein. Under no circumstances shall
MMA or any of its subsidiaries, affiliates or agents be liable for any direct,
indirect, punitive, incidental, special, or consequential damages that result
from the use of, or inability to use, MMA s trading platform or services
including but not limited to lost profits, loss of business, trading loss, loss
of data or use of data, any unauthorized access to, alteration, theft or
destruction of Customer"s computers, computer systems, data files, programs or
information, or costs of procurement of substitute goods or services. Customer
agrees that this section represents a reasonable allocation of risk, that this
section is an essential element of this Agreement and that in its absence; the
economic terms of this Agreement would be substantially different. This
limitation applies whether the alleged liability is based on contract, tort,
negligence, strict liability, or any other basis, even if MMA or any of its
subsidiaries, affiliates or agents has been advised of the possibility of such
damage. Neither MMA nor any of its subsidiaries, affiliates or agents has
liability or duty of indemnification related to unusable data, lost or corrupt
Customer transactions or data, by whatever means, in whatever form. This
limitation of liability additionally eliminates any duty or liability on the
part of MMA or any of its subsidiaries, affiliates or agents related to unusable
date, lost or corrupt Customer transactions or data, resulting in part or in
whole from third-party software or networking goods or services or from internet
related problems or from actions or events outside of MMA"s control. MMA and its
subsidiaries, affiliates or agents disclaim any and all liability resulting from
or related to any breach of Internet security or disruption, distortions or
delays of Customer"s connections to the internet, due to any reason. As OTC is
not an exchange traded market, prices at which MMA deals at or quotes may or may
not be similar to prices at which other OTC market makers deal at or quote.
Should a quoting or execution error occur, which may include, but are not
limited to, a mistype of a quote, a quote that is not representative of fair
market prices, an erroneous price quote from a dealer or erroneous price quote
due to failure of hardware, software or communication lines or systems or
inaccurate external data feeds provided by third-party vendors ("Erroneous
Quote"), MMA will not be liable for the resulting errors in account balances.
Without derogating from the above, in the event that transactions shall be
closed or opened based on the Erroneous Quote, MMA"s trading room attempts to
recognize such event and to act promptly to reset such event. Customer
acknowledges that the reset process may take time, during which Customer may not
be able to use its trading account, and outstanding orders may not be executed.
Customer further acknowledges that MMA, its subsidiaries, affiliates and agents
shall not be liable for any loss or damage caused due to or in connection with
such reset process.
15. . FX/CFD FLUCTUATION RISK
If Customer directs MMA to enter into any FX/CFD transaction:
(a) any profit or loss arising as a result of a fluctuation in FX/CFD will be
entirely for Customer's account and risk; (b) all initial and subsequent
deposits for margin purposes shall be made in U.S. dollars or EUROs in such
amounts as MMA may in its sole discretion require; and (c) MMA is authorized to
convert funds in Customer's account for margin into and from such foreign
currency at a rate of exchange determined by MMA in its sole discretion on the
basis of the then prevailing money market rates.
16.INDEMNIFICATION
Customer agrees to indemnify and hold MMA, its subsidiaries,
affiliates, agents, employees, agents, successors and assigns ("MMA
Indemnities") harmless from and against any and all liabilities, losses,
damages, costs and expenses, including attorney's fees, incurred by any of MMA
Indemnities arising out of Customer's failure to fully and timely perform
Customer's obligations herein or should any of Customer"s representations and
warranties fail to be true and correct. Customer also agrees to pay MMA
Indemnities promptly all damages, costs and expenses, including attorney's fees,
incurred in the enforcement of any of the provisions of this Agreement and any
other agreements between MMA and Customer. In addition to any limitations of
liability specified elsewhere in this Agreement, MMA Indemnities shall not be
held liable and are released from all claims and losses incurred in such regard
if the claim or loss was caused or contributed to by (a) the actions or omission
to act on the part of Customer, (b) any act or omission by any person obtaining
access to Customer"s account, whether or not Customer has authorized such access
or not, (c) system malfunction, equipment failure (whether Customer"s equipment
or MMA"s equipment), system interruption or system unavailability, (d) delays,
failure or errors in implementing any instruction, (e) inaccurate or incomplete
instructions received by MMA from Customer, or (f) any reliance or use by
Customer or any other third party with access to Customer"s account of any
financial and market data, quotes, news, analyst opinions, research reports,
graphs or any other data or information whatsoever available through the trading
platform, whether to complete a transaction on the trading platform or for any
other purpose whatsoever. MMA shall be entitled to setoff Customer"s liabilities
under this section from Customer"s account.
17.PROHIBITION ON ARBITRAGE AND MANIPULATION
Internet, connectivity delays, and price feed errors sometimes
create a situation where the prices displayed do not accurately reflect market
rates. The concept of arbitrage and "scalping", or taking advantage of these
Internet delays, cannot exist in an OTC market where the client is buying or
selling directly from the market maker. MMA does not permit these practices on
MMA"s platform. MMA strictly forbids any form of manipulation of its prices,
execution, and platform or making transactions based on errors, omissions or
misquotes on the MMA platform. MMA reserves the right to investigate and review
any account MMA suspects of manipulation and withhold funds suspected of being
derived from such activity. MMA reserves the right to void any transaction which
it has determined to be a result of any of these practices and will have no
liability to the customer whatsoever for any losses incurred.
18.EXECUTION OF ORDERS, STOP AND LIMITS
MMA will use commercially reasonable efforts to execute all
orders which it may, in its sole discretion, choose to accept in accordance with
the oral or written or computer instructions of Customer. MMA reserves the right
to refuse to accept any order. MMA may, at its sole discretion, allow Customer
to specify a closing price for a transaction at the trading platform through a
"Close at Loss" and "Close at Profit" order, subject always to the terms of this
Agreement and any other terms and conditions MMA may implement from time to
time. "Close at Loss" means an offer to close a transaction at a price
determined in advance by Customer which, in the case of a transaction that is
opened by offering to buy a specific number of a certain instrument, is lower
than the opening transaction price, and in the case of a transaction that is
opened by offering to sell a specific number of a certain instrument, is higher
than the opening transaction price. "Close at Profit" means an offer to close a
transaction at a price determined in advance by Customer which, in the case of a
transaction that is opened by offering to buy a specific number of a certain
instrument, is higher than the opening transaction price, and in the case of a
transaction that is opened by offering to sell a specific number of a certain
instrument, is lower than the opening transaction price. Upon Customer"s offer
and MMA"s acceptance of an order, Customer hereby authorizes MMA to close the
transaction at the Close at Loss price or Close at Profit price, as applicable,
and as agreed upon in the order, without further instruction from or
notification to Customer. MMA may, in its sole discretion, close the transaction
when the price quoted by MMA on the trading platform equals the price accepted
by MMA for such an order. Customer acknowledges and agrees that MMA shall not be
obligated to close a transaction which does not otherwise comply with any other
limitations agreed upon with respect to such transaction. Customer acknowledges
and agrees that due to market volatility and factors beyond MMA"s control, MMA
cannot guarantee that an order will be executed at the level specified in
Customer"s order. In such an event, MMA will close the transaction at the next
best price. If, before Customer"s offer to open or close a transaction is
accepted by MMA , MMA"s quote moves to Customer"s advantage (for example, if the
price goes down as Customer buys or the price goes up as Customer sells)
Customer agrees that MMA can retain such price improvement for its own
account.
19. RISK ACKNOWLEDGMENT
Customer acknowledges that investment in leveraged and
non-leveraged transactions is speculative, involves a high degree of risk, and
is appropriate only for persons who can assume risk of loss of their entire
margin deposit. Customer understands that because of the low margin normally
required in OTC trading, price changes in OTC may result in significant losses.
Customer warrants that Customer is willing and able, financially and otherwise,
to assume the risk of OTC trading, and in consideration of MMA's carrying
Customer"s account(s), Customer agrees not to hold MMA and any of its
subsidiaries, affiliates or agents responsible for any losses incurred by
Customer. Customer recognizes that guarantees of profit or freedom from loss are
impossible of performance in OTC trading. Customer acknowledges that Customer
has received no such guarantees from MMA or from any of its representatives or
any introducing agent or other entity with whom Customer is conducting its MMA
account and has not entered into this Agreement in consideration of or in
reliance upon any such guarantees or similar representations. The high degree of
leverage that is obtainable in the trading of FX/CFD transactions can work
against you as well as for you. Leverage can lead to large losses as well as
gains. During times of extreme volatility it can be difficult or impossible to
execute orders.
20. TRADING INFORMATION
Customer acknowledges that MMA, its subsidiaries, affiliates
and agents do not provide consulting services or advice in connection with any
transaction. Customer further acknowledges that (i) any market information
communicated by any method of communication to Customer by MMA and any of it's
subsidiaries, affiliates ,agents or by any person within the company or any
third party information providers, does not constitute an offer to sell or the
solicitation of an offer to buy any OTC contract, and that MMA does not provide
investment advice, (ii) such information, although generally based on
information obtained from sources believed by MMA to be reliable, may be
incomplete and/or unverified, and (iii) MMA and/or any of its subsidiaries,
affiliates or agents make no representation, warranty or guarantee as to, and
shall not be responsible for, the accuracy or completeness of any information
furnished to Customer and shall not be responsible for any loss or damage
including without limitation any loss of margin or profits which may arise
directly or indirectly from use or reliance on such information. Customer
acknowledges that MMA and/or its officers, directors, affiliates, associates,
stockholders or representatives may have a position in or may intend to buy or
sell FX/CFDs, which are the subject of market information furnished to Customer,
and that the market position of MMA or any such officer, director, affiliate,
associate, stockholder or representative may not be consistent with the
information furnished to Customer by MMA. Customer acknowledges that MMA makes
no representations concerning the tax implications or treatment of any trading
activity.
21. TRADING AGENTS
Customer acknowledges that should Customer grant trading
authority or control over Customer's account to a third party ("Trading Agent"),
whether on a discretionary or non-discretionary basis, neither MMA nor any of
its subsidiaries, affiliates or agents shall be responsible for reviewing
Customer's choice of such Trading Agent or for making any recommendations with
respect thereto. Customer understands that MMA makes no warranties nor
representations concerning the Trading Agent, that MMA its subsidiaries,
affiliates or agents shall not be responsible for any loss to Customer
occasioned by the actions of the Trading Agent and that MMA does not, by
implication or otherwise, endorse or approve the operating methods of the
Trading Agent. If Customer gives Trading Agent authority to exercise any of its
rights over Customer's account(s), Customer understands that Customer does so at
Customer's own risk.
22. CUSTOMER REPRESENTATIONS AND WARRANTIES
Customer represents and warrants that: (a) if Customer is a
natural person, Customer is of sound mind, legal age and legal competence; (b)
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 other transactions contemplated
hereunder have been duly authorized by Customer; and (iii) each person executing
and delivering this Agreement and all other transactions contemplated hereunder
on behalf of the Customer, has been duly authorized by Customer to do so; (c) No
person other than Customer has or will have an interest in Customer's account(s)
and Customer has not granted and will not grant a security interest in
Customer's account with MMA (other than the security interest granted to MMA
hereunder) to any person without MMA'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 MMA
hereunder) without MMA 's prior written consent; (d) Customer hereby warrants
that regardless of any subsequent determination to the contrary, Customer is
suitable to trade OTC; (e) Customer is not now an employee of any exchange, any
corporation in which any exchange owns a majority of the capital stock, any
member of any exchange and/or firm registered on any exchange, or any bank,
trust, or insurance company, and in the event that Customer becomes so employed,
Customer will promptly notify us in writing, of such employment; (f) Customer
will execute and deliver all documents, give all notices, make all filings and
take such other actions as MMA , in its sole discretion, deems necessary or
desirable to evidence or perfect any security interest in favor of MMA or to
protect MMA 's interests with respect to any Collateral; (g) Customer has read
and understands the provisions contained in this Agreement, including, without
limitation, MMA's Risk Disclosure Statement and Privacy Statement; (h) Customer
will review this Agreement; (i) Customer will not affect any transaction in
Customer's account unless Customer understands this Agreement, and Customer
agrees that in effecting any transaction it is deemed to represent that it has
read and understands this Agreement as in effect at the time of such
transaction; (j) Customer agrees to, and shall at all times comply with all
applicable laws, statutes and regulations; and, (k) Customer hereby declares
that the execution and delivery by Customer of this Agreement and all other
transactions contemplated hereunder, and performance of all of Customer's
obligations contemplated under this Agreement and any other transaction
contemplated hereunder, will not violate any statute, rule, regulation,
ordinance, charter, by-law or policy applicable to Customer. You may not use
your personal account with us for any illegal activity.
23.ISLAMIC ACCOUNTS
In the event that Customer due to its observance of Islamic
religious beliefs cannot receive or pay interest, Customer may elect to
designate, in the manner provided by MMA, its trading account to be an Islamic
Account, which is not charged with, or entitled to, premiums and/or rollovers
and/or interest. In the event that Customer designates its account as an Islamic
account, Customer may not keep transactions in such account open for more than 5
days and may not otherwise abuse such benefit. MMA reserves the right to cancel
the aforesaid benefit at any time and take any action necessary in MMA"s
absolute discretion due to abuse of this benefit. Such actions may include,
without limitation, the designation of the Islamic Account as a regular account
and retroactively effecting required adjustments (e.g., setting off amounts from
the account equal to amounts paid by MMA as interest), cancellation of
transactions, and adjustment of account balances.
24. DISCLOSURE OF FINANCIAL INFORMATION
Customer represents and warrants that the financial information
disclosed to us in its Application is an accurate representation of Customer's
current financial condition. Customer represents and warrants that Customer has
very carefully considered the portion of Customer's assets which Customer
considers to be risk capital. Customer recognizes that risk capital is the
amount of money Customer is willing to put at risk and the lost of it would not,
in any way, change Customer's lifestyle. Customer agrees to immediately inform
us if Customer's financial condition changes in such a way which reduces
Customer's net worth, liquid assets and/or risk capital.
25. NO GUARANTEES
Customer acknowledges that Customer has no separate agreement
with any MMA employee or agent regarding the trading in Customer's account,
including any agreement to guarantee profits or limit losses in Customer's
account. Customer understands that Customer must authorize every transaction
prior to its execution unless Customer has delegated discretion to another party
by signing MMA's limited trading authorization or as otherwise agreed in writing
with MMA, and any disputed transactions must be brought to the attention of MMA
's Compliance Officer pursuant to the notice requirements of this Agreement.
Customer agrees to indemnify and hold MMA and it's subsidiaries, affiliates and
agents harmless from all damages or liability resulting from Customer's failure
to immediately notify MMA's Compliance Officer of any of the occurrences
referred to herein. All notices required under this section shall be sent to MMA
at its home office.
26.INTRODUCING BROKERS
If Customer's account has been introduced to MMA by an
Introducing Broker, Customer understands and acknowledges that MMA may
compensate the Introducing Broker for introducing Customer to MMA and that such
compensation may be on a per trade or other basis.
27.DISCLOSURE OF CUSTOMER INFORMATION
MMA will not share or sell information regarding customers
and/or prospective customers, except to its employees, agents, partners, and
associates as required in the ordinary course of business, including, but not
limited to, MMA"s banking or credit relationships, or to other persons as
disclosed in MMA"s Privacy Statement. MMA 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 or in response to a court order or subpoena. MMA will share or sell
statistical information without disclosing Customer"s identity.
28.TERMINATION
This Agreement shall continue in effect until termination, and
may be terminated by Customer at any time upon three days prior written notice
when Customer has no FX/CFD position(s) and no liabilities held by or owed to
MMA upon the actual receipt by MMA at its home office of written notice of
termination, or at any time whatsoever by MMA upon the transmittal of written
notice of termination to Customer; provided, that such termination shall not
affect any 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. Sections 5, 9, 11, 13,
14, 16, 19, 21, 22, 25, 27, 29, 30, 31, 33, 35 and 41 shall survive termination
of this Agreement for any reason.
29.INTELLECTUAL PROPERTY AND CONFIDENTIALITY
All copyright, trademark, trade secret and other intellectual
property rights and proprietary rights to the MMA website in its totality, its
contents and any related materials ("MMA IP") shall remain at all times the sole
and exclusive property of the MMA and it's licensors and in the case of third
party materials available on the MMA web site to such third party and Customer
shall have no right or interest in the MMA IP except for the right to access and
use the MMA IP as specified herein. Customer acknowledges that the MMA IP is
confidential and has been developed through the expenditure of substantial
skill, time, effort and money. The Customer will protect the confidentiality of
the MMA IP and not allow website access to any third party. Customer will not
publish, distribute, or otherwise make available to third parties any
information derived from or relating to the MMA IP. Customer will not copy,
modify, de-compile, reverse engineer, or make derivative works of the MMA IP or
in the manner in which it operates. If Customer has comments on MMA"s services
or ideas on how to improve them, Customer is welcome to contact MMA. By doing
so, Customer grants MMA a perpetual, royalty-free, irrevocable, transferable
license, with right of sublicense, to use and incorporate Customer"s ideas or
comments into the MMA "s services, and to otherwise exploit Customer"s ideas and
comments, in each case without payment of any compensation.
30.RECORDINGS
Customer agrees and acknowledges that all conversations
regarding Customer's account(s) between Customer and MMA personnel may be
electronically recorded with or without the use of an automatic tone warning
device. Customer further agrees to the use by MMA, its subsidiaries, affiliates
and agents of such recordings and transcripts as it deems fit including in
connection with any dispute or legal proceeding that may arise. Customer
understands that MMA destroys such recordings at regular intervals in accordance
with MMA's established business procedures and Customer hereby consents to such
destruction and acknowledges that MMA is under no obligation to preserve such
recordings.
31.LEGAL RESTRICTIONS
Notwithstanding anything to the contrary in this Agreement,
Customer understands that laws regarding financial contracts vary throughout the
world, and it is Customer"s obligation alone to ensure that Customer fully
complies with any law, regulation or directive, relevant to Customer"s country
of residency with regards to the use of MMA"s web site. For avoidance of doubt,
the ability to access to MMA"s web site does not necessarily mean that MMA"s
services, and/or Customer"s activities through it, are legal under the laws,
regulations or directives relevant to Customer"s country of residency. MMA"s web
site does not constitute, and may not be used for the purposes of, an offer or
solicitation to anyone in any jurisdiction in which such offer or solicitation
is not authorized, or to any person to whom it is unlawful to make such an offer
or solicitation. Access to MMA"s web site, and the offering of financial
contracts via this site, may be restricted in certain jurisdictions, and,
accordingly, users accessing MMA"s website are required to inform themselves of,
and to observe, such restrictions.
32. DECLARATION
By acceptance of this Agreement, Customer hereby declares that
the moneys invested in Customer"s account with MMA do not originate from drug
trafficking, abduction, or any other criminal activity.
33.TAX COLLECTION
Customer knows, understands and agrees that, in general, MMA
does not collect tax for any authority in any form or manner. Without limiting
the foregoing, it is Customer"s obligation alone to calculate and pay all taxes
applicable to you in Customer"s country of residence, or otherwise arising as a
result of Customer"s trading activity from the use of MMA"s services. Without
derogating from Customer"s sole and entire responsibility to perform tax
payments, Customer agrees that MMA may deduct tax, as may be required by the
applicable law, but is not obligated to do so, from the results of the activity
with MMA. Customer is aware that amounts that may be withdrawn by Customer from
Customer"s account are "gross amounts", from which MMA may deduct such taxes,
and that Customer shall have no claim towards MMA with regard to such
deductions.
34. ACCOUNT PROCEDURES - IDENTIFICATION
Customer acknowledges that applicable laws require financial
institutions to obtain, verify, and record information identifying each person
who opens an account. Customer further acknowledges that MMA makes efforts to
prevent fraud and to confirm Customer"s identity. Accordingly, Customer has
provided MMA, or shall provide MMA promptly following the opening of the trading
account, with certain identifying information and documents as shall be
requested by MMA, including a copy of Customer"s ID, a copy of Customer"s
utility bill (e.g., phone bill, property tax bill), and copies of both sides of
Customer"s credit card (in the event deposit has been made through credit card).
Customer confirms that Customer has provided true, accurate, current and
complete information during the registration process, and that Customer has not
impersonated any person or entity, or misrepresented any affiliation with
another person, entity or association, used false headers or otherwise concealed
Customer"s identity from MMA for any purpose. Customer further certifies that
the ownership, or beneficiary, of Customer's account is not subject to backup
withholding under section 3406(a)(1)(c) of the U.S. Internal Revenue Code.
35.WITHDRAWAL AND DEPOSIT PROCEDURES
Customer further acknowledges and accepts MMA"s procedures with
respect to withdrawals and deposits to accounts as set forth below:
•Withdrawal orders: The provision of documentation as may be required
from time to time by Anti Money Laundering regulations, credit card companies
and MMA , is a prerequisite, prior to the execution of a withdrawal order.
•Customer acknowledges that withdrawals may take longer than expected for
numerous reasons some in MMA's control and some not.
•Credit card deposits
may be, according to credit card companies" regulations, returned to the same
credit card when a withdrawal is performed. A withdrawal to a bank account where
initial deposits have been performed by credit cards will be executed back to
credit card or to the bank account at MMA"s discretion. Withdrawals to a bank
account may take a longer time period, due to additional security procedures.
• Credit Card Deposits Variance: When choosing an account base currency
other than USD, Customer"s credit card may be debited sums which due to exchange
rates and credit card companies' fees, may slightly vary from the initial sum
that has been deposited by Customer in the account base currency. Customer
hereby accepts that such variations may occur and hereby affirms that Customer
shall not seek to object or charge this back.
• When depositing by a Bank
Transfer, as required by anti money-laundering regulations, Customer is required
to use only one bank account, which is in Customer"s country of residence and in
Customer"s name. An authentic SWIFT confirmation, showing the origin of the
funds, must be sent to MMA. Failure to submit such SWIFT may result in the
return of the deposited amount, hence preventing the deposit of such pending
amounts to Customer"s account. Any withdrawal of funds, from Customer"s MMA
account to a bank account, can only be refunded to the same bank account that
the funds were originally received from.
• Alternative payment methods
(internet payment vendors; money transfer services; etc.): when depositing funds
using a facility other than credit cards and/or banks, you agree to, and
acknowledge being bound by, the regulations and rules of such service,
including, but not limited to, fees and other restrictions. MMA, at its sole
discretion, may execute withdrawals to a facility other than the facility used
for the original deposit, in accordance with anti money-laundering
regulations.
36. ACKNOWLEDGEMENT OF RECEIPT AND CONSENT
Customer acknowledges receipt of this Agreement, the customer
account letter, and other documents contained as part of MMA"s electronic
account package and Customer agrees to be bound by their terms and conditions.
In addition, Customer is consenting to MMA maintaining and Customer receiving
electronic records of Customer"s trades and accounts.
37.CONSENT TO EXECUTION OF ORDERS OUTSIDE A REGULATED MARKET
OR MTF
Customer hereby acknowledges and consents to MMA executing
orders over–the-counter and outside a regulated market or Multi Lateral Trading
Facility.
38.WAIVER AND AMENDMENT
Customer understands, acknowledges and agrees that MMA may
amend or change this Agreement at any time. MMA will provide notice to Customer
of any such amendment or change by posting the amendment or change on MMA"s
website or by sending an e-mail message to Customer at least 7 days before it
takes effect. Customer agrees to be bound by the terms of such amendment or
change on that date. In the event that Customer objects to any such change or
amendment, Customer agrees to liquidate Customer's open positions and instruct
MMA regarding the disposition of all assets in Customer's account within seven
(7) business days after notice of the amendment or change has been posted on
MMA"s website or otherwise notified Customer. No waiver or amendment of this
Agreement may be implied from any course of dealing between the parties or from
any failure by MMA or failure of MMA"s 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.
39. ENTIRE AGREEMENT
This Agreement together with all references to MMA policies and
procedures made in this Agreement, and together with the Customer Account
Application embodies the entire agreement between MMA and the Customer,
superseding any and all prior written and oral agreements.
40. ASSIGNMENT
Customer may not assign or transfer any of its rights or
obligations under this Agreement to a third party without the prior written
consent of MMA. MMA may freely assign this Agreement. Any attempted assignment
or transfer in violation of the foregoing will be void.
41.GOVERNING LAW AND JURISDICTION
This Agreement, the rights and obligations of the parties
hereto, and any judicial or administrative action or proceeding arising directly
or indirectly hereunder or in connection with the transactions contemplated
hereby shall be governed by, construed and enforced in all respects by the laws
of England and shall be held within the venue determined by MMA, at its sole
discretion. Customer consents and submits to, and waives any objection that it
may have to such venue, and further agrees to waive any right that it may have
to transfer or change the venue or any such action or proceeding. Customer
further consents that any claim arising directly or indirectly hereunder or in
connection with the transactions contemplated hereby if initiated by Customer
(including claims against MMA"s subsidiaries, affiliates and agents) will be
brought by it and resolved exclusively in the competent courts located within
UK. Customer understands that this section is an essential part of this
Agreement and is reasonable in light of the international scope of the
operations of MMA, its subsidiaries, affiliates and agents.
42.BINDING EFFECT
This Agreement shall be continuous and shall cover,
individually and collectively, all accounts of Customer at any time opened or
reopened with MMA irrespective of any change or changes at any time in the
personnel of MMA or its successors, assigns, subsidiaries, affiliates or agents.
This Agreement including all authorizations, shall inure to the benefit of MMA
and its subsidiaries, affiliates, agents, successors and assigns, whether by
merger, consolidation or otherwise, and shall be binding upon Customer and/or
the estate, executor, trustees, administrators, legal representatives,
successors and assigns of Customer. Customer hereby ratifies all transactions
with MMA effected prior to the date of this Agreement, and agrees that the
rights and obligations of Customer in respect thereto shall be governed by the
terms of this Agreement.
CUSTOMER ACKNOWLEDGES HAVING RECEIVED,
READ AND UNDERSTOOD THE FOREGOING CUSTOMER ACCOUNT LETTER AND CUSTOMER AGREEMENT
AND HEREBY AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREOF.
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