These Terms and Conditions, denoted as the "Terms," constitute the agreement extended to our clients (referred to as "you," "yourself," "customer," as applicable) by Optima Broker (referred to as "we," "us," optimabroker.com," "the company," as appropriate).
By choosing to utilize or access our services, you are explicitly expressing your consent to adhere to these terms. It is crucial to acknowledge that your continued use of our services implies your acceptance of these terms. However, if you do not align with these terms, it is imperative that you refrain from using or accessing our services. Your compliance with these terms is essential for a mutually beneficial and secure engagement with Personal Stock Broker.
The agreement takes effect when we notify you that your account has been activated, which indicates that the "know-your-customer" or other procedural criteria have been satisfied and that due diligence has been successfully completed.
1. The Service
i. As a primary, Optima Broker has always provided clients with execution-only access to a wide range of financial instruments. You can easily see the comprehensive contract specifications on our website. Additionally, we offer a foreign exchange ancillary service that is closely related to order execution and investment service delivery. We invite you to visit our website, where comprehensive details of our services are offered, for a comprehensive overview.
ii. Transactions shall be conducted on a periodic basis between the company and the client under these terms and conditions. As approved by the company, this cooperative endeavor shall be carried out in compliance with the clear and written directives of the client or an authorized representative. The client's or an authorized person's verbal instructions may also be accepted by the company as a valid means of starting transactions, at its sole discretion.
iii. Given that the foreign exchange market is dynamic, the company may, at its discretion, provide the client with insightful information on the real-world ramifications of engaging in foreign exchange activities. The client must comprehend that every transaction is a free choice made at the client's own risk and discretion. The client is specifically cautioned not to depend on the company for advice regarding the timing or terms of any transaction or on the company for information regarding the foreign currency market or other market conditions at the moment. Regarding the course of exchange rate movements in the future, the company offers no advice.
iv. Each transaction will be officially confirmed by the company with a detailed written confirmation. The client will get this confirmation by mail, fax, or electronic transfer. The confirmation, which summarizes the particulars of the completed transaction, functions as formal documentation. It is a crucial document that will be used by the client and the company to monitor and confirm the terms and conditions set forth during the transactional process.
v. Please be advised that since CFDs are derivative products, you do not really own any of the underlying instruments. There won't be any actual physical delivery of any underlying assets.
vi. For any trading activity covered by this agreement, Optima Broker is your exclusive option for execution. As per our agreement, we are the only counterparty to your transactions, even though we can electronically communicate your orders to third-party liquidity providers for execution. We execute orders in our name only.
2. Customer Classification
i. We recognize the significance of categorizing customers in compliance with the relevant laws. By default, you will be regarded as a retail client, unless we specifically state otherwise. It is important to note that if you are categorized as a professional client or an eligible counterparty, you will not be eligible to file a claim with the Investor Compensation Fund in the event that Optima Broker fails to fulfill its obligations to you in connection with the provision of investment and ancillary services. If you would rather be classified as a different type of client, please use our live chat feature for assistance.
ii. You enjoy more regulatory protection as a retail client, which includes having access to the Investor Compensation Fund in the event that Optima Broker defaults on its obligations. In the event that the company becomes insolvent or is unable to meet its financial obligations, this fund serves as a safety net by paying qualifying retail clients.
iii. Professional clients and eligible counterparties, due to their presumed higher level of financial knowledge and experience, are subject to different regulatory standards. However, they do not enjoy the same level of protection as retail clients. It is imperative for professional clients and eligible counterparties to assess the associated risks carefully and make informed decisions, as they have knowingly waived certain protections afforded to retail clients.
iv. Personal Stock Broker retains the right to review and update its client categorization procedures to comply with relevant regulations. Any changes affecting your categorization status and, consequently, your rights or level of protection will be communicated to you promptly. We are committed to ensuring transparency and keeping you informed of any developments impacting your relationship with Optima Broker.
v. It is imperative for all clients to routinely review the terms and conditions, including client categorization policies, to stay informed about their rights and obligations. Should you have any questions or concerns regarding your client categorization, please do not hesitate to contact our customer support team for assistance.
3. Instructions for Clients
i. Transaction Commitment: Subject to these terms and conditions, the client or an authorized person may use the secure website, send an email, or give the company written or verbal instructions for the purchase, sale, and delivery of foreign currency. Such instructions represent a legally enforceable and irreversible promise from the client.
ii. Confirmation Procedure: For every transaction, the company will provide the client with a confirmation via email as soon as possible. The transaction details are formally documented in this confirmation.
iii. Notification of Discrepancies: The client should report any inconsistencies, mistakes, or omissions in a confirmation to the company via email or phone as soon as possible, but no later than three working days after the date of the transaction. The client understands that they might not be able to correct or omit any such discrepancies, errors, or omissions in the future if they don't contact the company right away.
iv. Modification of Instructions: Without the company's explicit approval, instructions given by the client or another authorized individual may not be changed, canceled, or amended. In the event that the business has already followed the directions for its damage, such consent will not be given.
v. Authorization and Security Measures: Acknowledging the significance of privacy and security, the client consents to quickly notify the company in writing of any modifications to the authorized persons. On its secure website, the company uses strict security procedures to safeguard customer data.
vi. Recognition of Market Risk: The client recognizes that foreign exchange transactions have certain inherent market risks. The company cautions the client to thoroughly consider and comprehend the risks prior to committing to a transaction, as it cannot guarantee profits.
vii. Documentation and Recordkeeping: The client undertakes to preserve correct records of all correspondence, instructions, and affirmations. Both parties shall maintain records in accordance with all applicable laws, and the company shall have the right, at its discretion, to require further documentation from the client.
viii. Agreement Termination: This agreement may be terminated by either party by giving the other written notice. Any pending transactions will be finished in the event of termination, and the client consents to meet any obligations resulting from those transactions.
4. Monetary Responsibilities
i. Transactional Payment Commitment: The client agrees to send cleared funds in an amount equal to the sum stated in the confirmation for each transaction. In addition, any applicable transfer fees or commissions need to be paid into the bank account that we designate.
ii. Funds Disbursement: The company will swiftly release the agreed-upon amount to the client or in accordance with the client's requested instructions, as defined in the relevant confirmation, following confirmed receipt of cleared funds.
iii. Payment Timing and Client Responsibilities: Until cleared funds are received, the company will not make any payments on the client's behalf. The corporation holds no liability for any further payment delays resulting from the delayed arrival of said cash.
iv. Prohibition of Set-offs and Deductions: All payments made to the company under these Terms and Conditions and for foreign exchange transactions must be made in whole, without the possibility of any kind of set-off or deduction.
v. Company’s Deductions: The company guarantees to pay the client in full for a transaction unless (a) it is legally compelled to deduct amounts for taxes, (b) there are amounts owed because of possible transfer charges, or (c) there are other legitimate and stated deductions that apply.
vi. Exchange Rate Variability: The client understands and accepts that there can be swings in exchange rates. The client is liable for any differences in amounts that result from fluctuations in currency rates between the time of the transaction and the receipt of cleared monies. Exchange rate fluctuations during this period may result in differences in the payment amount; nevertheless, the company shall not be accountable for such variations.
vii. Imposition of Interest Charges: The Company retains the right to charge interest on the outstanding amount at the rate mentioned in these Terms and Conditions or as allowed by law in the event that the client delays payment. Any interest charges will be duly notified to the client.
viii. Currency Conversion Fees: If the payment is made in a currency other than the one indicated in the confirmation, the client bears all associated currency conversion fees. The company disclaims all liability for any further costs or losses resulting from currency conversion.
ix. Recordkeeping and Compliance with Audits: The client and the company agree to keep correct records of all financial transactions. When considered essential for compliance, the company retains the right to carry out audits and ask for more information on payments and transactions.
5. Recognizance of Clients
i. Fund handling and segregated client accounts: The client understands that their funds will be combined with those of other clients in an account or accounts held at our major bank unless they specifically request separate and individual segregated client accounts in writing. Terms and conditions pertaining to these segregated client accounts will be decided upon by the client and the company in concert.
ii. Lack of Fiduciary Rights Against the Bank: The client expressly agrees that there are no fiduciary rights or claims against the bank with respect to any money kept in the account or accounts in question. The client and the bank have a different connection than the client and the company.
iii. Governance of Bank Mandate: The account or accounts with the bank are governed by a bank mandate, which can only be handled by the business in compliance with its conditions. The bank shall get a safe receipt and discharge upon compliance with duly approved instructions. Additionally, the bank is under no need to find out why those funds are being used, and it won't be penalized for following these mandated instructions.
iv. No Duty to Pay Interest: The client understands that the business is under no duty to pay interest on any money kept in any account on their behalf. This includes the knowledge that these accounts are primarily meant to serve as transactional tools rather than to produce interest.
6. Fees and Charge-backs
ii. Understanding and Interpreting Fees: It is essential to make sure you fully comprehend all applicable fees, such as spreads, commissions, and swaps, before beginning any transactions with us. You may view all of the information regarding these costs on our website. It is your responsibility to get further information if needed. Your account(s) are instantly credited with these fees.
iii. Charges Subject to Change Without Notice:
We maintain the right to modify the charges applicable to your transactions with us. Except in cases of unanticipated market conditions, you will be notified in writing in advance if there is a significant alteration to any applicable charges. It is crucial to stay informed, and our website provides the most up-to-date details on our swap rates, spreads, and commissions. In the event you object to any modifications, you have the option, without incurring penalties, to terminate this Agreement under the 'Termination' provision. Your understanding and compliance are appreciated as we aim to provide transparent and fair terms for our mutual benefit.
iv. Dissatisfaction with Changes: If you are unhappy with any modifications to our fees, you can contact our customer support department or end the Agreement according to these terms, without incurring any penalties other than any outstanding payments.
v. Transaction Fees for Some Payment Methods: Certain payment methods may incur transaction fees. Engaging in deposit and withdrawal activities without conducting any trades with us may lead to fees or charges, depending on the specific payment methods used. Details of these fees are available on our Website.
7. Data Security and Proprietary Information
i. Compliance with Data Protection Laws: As the data controller for your personal information, we pledge to process your data strictly in accordance with the Data Protection Act of Mauritius both during and after your relationship with us. This includes adhering to any applicable data protection laws that may change over time, as well as the rules controlling the processing of personal data and the free flow of such data.
ii. Consent for Data Processing: By signing this Agreement, you expressly consent to us processing your personal information, including special categories of personal information, provided you provide us with your written approval. We receive this information from you when you register for an account and/or as our business relationship develops.
- Providing our services to you.
- Fulfilling legal, regulatory, or authoritative requirements, including adherence to applicable professional body standards pertinent to our operations.
- Offering information about our organization and services, and consistently enhancing the quality of our services.
- Maintaining the integrity and functionality of our IT systems, which include administrative and client management systems.
iv. Justifications for Processing Data: The following legal precepts serve as the foundation for processing your personal data:
- Your approval, (if any).
- The necessity of carrying out our end of the bargain and making the required preparations at your request prior to signing a contract.
- the essential requirement that we abide by the laws that bind us.
- The essential condition necessary to further our justifiable interests (respecting the parties' fundamental rights and freedoms).
v. Rights of Data Subjects: You have the right to ask for access to, and the correction or erasure of, personal data, as well as the ability to request that processing be restricted or objected to. Furthermore, you have the option to revoke your consent (if applicable) at any moment by writing to us. Additionally, you are entitled to data portability.
vi. Data Archiving Duration: You understand that we will keep your personal information (including correspondence with us) for as long as your account is valid and registered with us, or as long as necessary to comply with applicable legal requirements.
vii. Data Sharing: We might give your personal information to other financial institutions, such as banks, payment service providers, and applicable third-party introducers, as well as other associated businesses in the group, marketing organizations, commercial partners, and IT service providers. The objectives mentioned in the previous paragraph, iii, are the reason for this sharing. In all such cases, the privacy and security of your data come first.
vii. Detailed Information on Personal Data Processing: Please consult our Privacy Policy for comprehensive details on how we process personal data, including information on our legal justifications, data subject rights, and the rules governing data transfers. You may easily find this extensive document on our website, which gives you a clear idea of our dedication to protecting your privacy.
viii. Maintaining Current Information: Throughout our business partnership, you must promptly update any changes to your personal information. It is your obligation to ensure that this information is accurate. By contacting us using the formal channels listed on our website, you can quickly start updates.
ix. Dedication to Data Security Measures: We are steadfast in our dedication to putting in place appropriate organizational and technical safeguards meant to preserve a degree of security commensurate with related risks. Although we work hard to maintain strong security, it's crucial to remember that sending personal data across the internet or other networks may not always provide the best level of protection. As a result, it is still your duty to make sure that data is transmitted to us securely. Maintaining data security standards is a joint endeavor, and your diligence in this area helps.
8. Communication Procedures and Language Choices
i. Communication Channels: We will utilize various channels, including your registered email, the software, and telephone, for notifications, instructions, requests, and other communications. In specific instances, formal written communications may be dispatched via postal mail to your registered address. All our contact details are accessible on our Website. Any communication you initiate will be deemed received on the date and time we receive it. It is incumbent upon you to regularly check and read any communications sent through any approved method.
ii. Language Agreement: Prior to and following the start of our commercial partnership, you agree that Optima Broker's official language is English. Information is provided solely for your convenience, including promotional materials, translations of the Agreement, and other communications in languages other than English. The English version will take precedence in case of a disagreement.
iii. Multilingual Information: Before and after our commercial connection is established, you agree to receive information in both English and your preferred language. Should you access and use our website, it is assumed that you desire information to be presented in a language other than English.
iv. Electronic Information Delivery: You will not receive personalized information from us via our website or other comparable electronic channels. But you do agree, by keeping or creating an account and making trades with us, to receive information in this electronic format—which is regarded as a lasting medium.
v. commercial and Marketing Outreach: We may periodically get in touch with you for marketing, commercial, and promotional objectives as long as we adhere to all applicable regulations on client communications.
9. Assurance and Compliance
i. Overview of the Warranty: A 'warranty', also called a 'commitment', is a pledge or assurance that you have given us that the data you have supplied is correct and that the statements you have made are true. This gives us the right to end our connection and take any other appropriate action if the information is shown to be inaccurate.
ii. Voluntary Agreement and Decision-Making: You warrant and affirm that you have freely chosen to engage into this Agreement and that you have not been forced or unfairly influenced. You have decided to enter into this Agreement only on the basis of the statements made in this document.
iii. Compliance with Legal Age Requirements and Entities: If you are an individual or a natural person, you certify that you were at least eighteen years old when you signed this agreement. If this agreement is being entered into by a legally recognized entity (i.e., a legal person), you warrant that it complies fully with the laws of the jurisdiction in which you are incorporated as well as your constitutional documents.
iv. Knowledge of Prerequisites and Ramifications: In addition, you also declare that you are aware of any prerequisites and ramifications that this Agreement may have, including, but not limited to, any limitations or reporting requirements that may have been placed on you as a result of coming into your local jurisdiction. Any duties that your local government impose on you are not Optima Broker's responsibility. Therefore, you promise to follow any applicable requirements.
v. Risk Acknowledgment: You acknowledge that there is a significant risk of loss when trading sophisticated leveraged products, and you certify that you have received a cautionary advise. You understand that trading is speculative and that you shouldn't invest more than you can afford to lose.
vi. Accuracy of Registration Information: In addition, you attest to the truthfulness of the details you submitted when registering to open an account, which accurately reflect your individual situation. You haven't provided any inaccurate or misleading information. Additionally, you guarantee that you will quickly tell us in writing of any changes to your circumstances if any information provided during the registration procedure becomes outdated.
vii. Confidentiality Promise: Additionally, you promise not to divulge to any third party for commercial use any information regarding financial instruments, including pricing details and chart data from Optima Broker.
viii. Fund Source and Legal Compliance: By using our funds for trading, you guarantee that they are your own and are free from any liens, charges, pledges, or other encumbrances. These funds are not the product of any criminal activity that comes within the purview of predicate offenses specified in applicable anti-money laundering and counter-terrorism financing laws and regulations, which are subject to periodic amendment or replacement. Nor are they derived from any unlawful act or omission. You will be acting in your individual capacity and not acting as a third party's representative or trustee if you enter into the Agreement in that capacity and provide us with the required documentation to satisfy our regulatory requirements.
ix. Document Validity and Authenticity: During the Account opening procedure and for the term of the Agreement, you guarantee the validity and authenticity of any papers that you submit to us. We have the right to request more proof if, in our sole discretion, we find that any document is false or inaccurate. We may take required measures if you fail to produce such documentation.
10. Risk Acknowledgment and Liability Exclusions
i. Unforeseeable Events and Agreement Commencement: Basically, this means that neither party will be held accountable for losses that result from unforeseen circumstances at the beginning of the Agreement or from losses that have nothing to do with violations of the terms stated herein.
ii. Unforeseen occurrences and Agreement Commencement: Basically, this means that neither party will be held accountable for losses that result from occurrences that were not anticipated when the agreement was made, or for losses that have nothing to do with breaking the provisions of this agreement.
iii. Third-Party Engagement: We will take reasonable steps to screen any third parties we may work with in order to provide you with the services described in this Agreement. It's crucial to recognize that we have no complete control over the behavior and activities of these other parties. We pledge to do every possible means to lessen any losses you may sustain as a result of the deeds or mistakes of other service providers. But unless we are proven to have acted carelessly, we cannot be held accountable for any losses brought on by such third-party acts or inactions.
iv. Client's Own Risk: Unless there is an instance of our own negligence, you accept, admit, and agree that you are conducting all transactions with us at your own risk and that we will not be responsible for any losses resulting from your trading activities with us. This clause does not reduce our responsibility for fatalities or serious injuries.
v. Situations in Which We Are Not Liable: Except in cases where we are negligent, commit fraud, violate the law, violate the Agreement, or you engage in any other act or omission, we will not be responsible to you under the Agreement for any loss or damage that we, our employees, or agents cause. Under the following conditions, this liability exception is applicable:
- Absence of the Software and/or our systems, unless we have committed a mistake.
- inability to use our website, or any other system; any wait you have while contacting a member of our staff, unless it is our fault.
- We're taking action to make sure we're abiding by all applicable laws and regulations, even if it means processing instructions from you that might put us in violation of the law.
- Such loss or harm that any such breach would not have been reasonably expected to cause.
- everything else that happens that isn't under our control.
vi. Non-Liability for System Access: In the event that you are unable to access the Personal Stock Broker website, we shall not be responsible. We disclaim all liability for any delays, unsuccessful deliveries, or loss or damage arising from the transfer of information through any network, including the internet.
vii. Wide Range of limits: This Agreement's limits and exclusions will apply whether or not we, our workers, or affiliates are aware of any losses you could incur or any claims you might make against Personal Stock Broker.
viii. Dependency on Third Parties: We disclaim all liability in the event that you have relied on third parties and/or followed their directions, advice, or trading signals and/or duplicate trading tactics, all of which resulted in losses. Please be aware that we only offer our services on an execution-only basis, and as a result, we disclaim all liability for any losses that may arise from such situations.
11. Indemnity
i. Client's Commitment to Indemnify: By signing this Agreement, you agree to hold us harmless from any and all expenses, liabilities, losses, and damages—direct, indirect, and consequential—including losses that affect our reputation. This indemnity also includes professional fees (calculated on a full indemnity basis) and any associated interest that we may incur for the following reasons:
- your inability to carry out the responsibilities outlined in the Agreement.
- giving us inaccurate or deceptive information.
- implementing the Agreement as a result of the above described activities.
12. Modifications and Additions to the Contract
i. Modification Authority: We maintain the right to amend the Agreement on a regular basis in different sections, with an emphasis on adhering to regulatory requirements. We can remain compliant and adjust to changing legal requirements thanks to this flexibility. Unless there are special circumstances, notices of such modifications will be sent by letter or on our website.
ii. Prior notification of Material Changes: If modifications are considered significant or have an impact on your or our interests, they will take effect on the date that is indicated in our notification. By taking the initiative, you may be confident that you will be given enough notice to cancel the Agreement without facing any consequences.
iii. Termination Rights: Should you object to any changes made by Optima Broker, you are still free to end the Agreement. In a same vein, should disputes continue, we reserve the right to end the Agreement.
iv. Application to Ongoing Transactions: Unless specifically indicated differently in our notice, such modifications will apply to all ongoing transactions that you and we are involved in.
v. Error Correction: We have the right to correct any mistakes or omissions in the data or documents we supply, guaranteeing correctness and comprehensiveness while minimizing the Agreement's penalties.
vi. Duty to Keep Informed: You shall keep yourself updated on any modifications to this Agreement. At any given time, the most recent version that is accessible on our website shall be deemed applicable. It is important for both parties to regularly evaluate as the version that is available at the time of the disagreement will be given priority in the event of a dispute.
13. Regulation of Law and Authority
This agreement shall be governed by and interpreted in accordance with the laws of [country], disregarding any conflicts of law principles. Any disputes arising from or related to this agreement shall exclusively fall under the jurisdiction of the courts located in [country].
14. Contact Details
Please email us at [email protected] if you have any questions or concerns regarding these Terms.
