User’s Acknowledgment and Acceptance of Terms and Conditions
The congent-trading.com website and its associated services and content (collectively, the “Website”) is owned and operated by Congent Trading, Inc. (“Congent Trading,” “our,” “we,” or “us”). By using, trading crypto assets through the Website, you agree to the terms and conditions set forth below in this Terms and Conditions Agreement (“Agreement”). This Agreement is made by and between Congent Trading and you, personally and, if applicable, on behalf of the entity for whom you are using the Website (“you” or “your”). This Agreement governs your use of the Website and the products and services we offer on the Website, including making an investment plan on Congent Trading. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must immediately discontinue your use of the Website.
THIS AGREEMENT APPLIES TO ALL ORDERS, PURCHASES, AND SALES, WHETHER MADE VIA THE WEBSITE, BY TELEPHONE OR OTHERWISE. BY USING THE WEBSITE, YOU REPRESENT AND WARRANT, WITHOUT LIMITATION, THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY OTHER SUPPLEMENTAL TERMS, DISCLOSURES, AND DISCLAIMERS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. CONGENT TRADING STRONGLY ENCOURAGES YOU TO PRINT A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE.
WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT AT ANY TIME AND YOU AGREE THAT WE MAY CHANGE THE TERMS AND CONDITIONS AT ANY TIME. YOU AGREE FURTHER THAT WE MAY MAKE CHANGES TO THE WEBSITE AT ANY TIME IN OUR SOLE DISCRETION, FOR ANY REASON OR NO REASON AND WITHOUT PRIOR NOTICE TO YOU. YOU AGREE IF YOU CONTINUE TO USE THE WEBSITE AFTER WE HAVE POSTED A CHANGE TO THIS AGREEMENT, THEN YOU ARE BOUND BY THE MOST RECENT VERSION OF THIS AGREEMENT.
Please direct any legal questions regarding this Agreement to:
Congent Trading, Inc.
Attn: Legal Department
100 Montgomery Street-Suit 1400
San Francisco, CA94104
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING THE “CREATE ACCOUNT” BUTTON OR BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.
Terms and Conditions
In consideration of Congent Trading’s agreement to carry out trade on one or more Accounts of Customer and provide services to Customer in connection with the purchase of crypto assets to commence trading contracts, Customer agrees as follows:
1.1 AUTHORIZATION TO TRADE.
1. Subject to the terms and conditions of this Agreement and acceptance of Customer’s application to open an Account with Congent Trading, Customer hereby authorizes Congent Trading to maintain one or more Accounts in Customer’s name and engage in transactions for Customer’s Account in accordance with written or electronic instructions by Customer and its officers, partners, principals, employees or other agents (“Representatives”).
2. Customer will bear the risk of all unauthorized instructions by its Representatives and will indemnify and hold Congent Trading harmless from all claims, liabilities, losses, damages, fees, costs and expenses relating to or arising from Congent Trading’s reliance on such instructions, including any improper, unauthorized or fraudulent instructions by the Representatives, except in cases of gross negligence or willful misconduct by Congent Trading.
3. Unless expressly stated otherwise in writing, all transactions entered into between Congent Trading and Customer shall be governed by the terms of this Agreement, as amended from time to time (including, without limitation, Congent Trading’s Risk Disclosures and Trading Policies and Procedures).
2.1 ACCOUNT APPROVALS AND MAINTENANCE.
1. Congent Trading may reject Customer’s application or close Customer’s Account for any reason, at Congent Trading’s sole and absolute discretion. Congent Trading may require Customer to provide Congent Trading with additional information or documentation in order for Congent Trading to continue carrying Customer’s Account.
2. Customer acknowledges that Congent Trading may, at any time in its sole and absolute discretion, restrict trading, disbursements or withdrawals. Congent Trading may amend, change, revise, add or modify the Agreement at any time. The most current Agreement will be posted to Congent Trading Website. Customer understands that this Agreement cannot be modified by any verbal statements or written amendments that Customer seeks to make to the Agreement without written acceptance from the General Counsel of Congent Trading.
3. Restricted Territory: We restrict and reserve the right to restrict future access to all or some parts of the Website and/or Services in respect of certain jurisdictions. You fully understand and agree that we are not liable if the country of your location or residence becomes restricted or blocked.
4. Customer acknowledges and agrees that Accounts are segregated in the Congent Trading’s books and records only, and Customer’s funds are deposited to the acceptable linked wallets with a liquidity provider selected by Congent Trading in its sole discretion.
2.2 JOINT ACCOUNT OWNERS.
1. If this Account is held by more than one (1) person, all of the joint holders agree to be jointly and severally liable for the obligations assumed in this Agreement.
2. If this Account is held in trust, joint ownership, or partnership, the undersigned hereby agrees to indemnify, defend and hold harmless Congent Trading for any losses resulting from a breach of any fiduciary duty of the undersigned to the other holders and beneficiaries of this Account.
3. Further, any one or more of the joint owners shall have full authority for the Account and risk of the Account owners, to buy, sell, and trade in transactions of off-exchange products, to deposit with and withdraw from Congent Trading, currencies, securities, negotiable instruments, and other property, including withdrawals to or for the individual use or Account of the party directing the sale or of any other party, to receive and acquiesce in the correctness of notices, confirmations, requests, demands and all other forms of communications, and to settle, compromise, adjust, and give releases with respect to any and all claims, demands, disputes, and controversies.
4. Upon death or legal incapacity of any of the undersigned, Congent Trading is authorized to take such action in regard to the Account, as Congent Trading may deem advisable to protect itself against any liability, penalty or loss.
5. Customer agrees to notify Congent Trading immediately upon the death or legal incapacity of any joint owner. Congent Trading may terminate this Agreement by written notice to any one of the joint owners.
2.3 DEPOSIT REQUIREMENTS
1. Customer unable to deposit via crypto assets agrees to deposit by immediate wire transfer to any referred agent for immediate purchase as Congent Trading shall, in its sole discretion, designate.
1. Congent Trading may, in its sole discretion and without notice to Customer, offset Customer’s open positions, roll over Customer’s open positions into the next settlement time period, or make or receive delivery on behalf of Customer upon any terms and by any methods deemed reasonable by Congent Trading, in its sole discretion.
2. Terms and/or methods for delivering, offsetting, or rolling over Customer’s open positions may differ on a customer-by-customer basis, at Congent Trading sole discretion.
3. Any positions held in Customer’s Account at 5 PM EST may be rolled over to the next settlement date and the Account may be debited or credited for the interest differential for the rollover period.
2.5 SETTLEMENT DATE OFFSET INSTRUCTIONS.
1. Offset instructions on positions open prior to settlement arriving at the settlement date must be given to Congent Trading at least one to three business days prior to the settlement or value day. Alternatively, sufficient funds to take delivery or the necessary delivery documents must be in the possession of Congent Trading within the same period described above.
2. If neither instructions, funds nor documents are received, Congent Trading may without notice, either offset Customer’s position or roll Customer’s positions into the next settlement time period or make or receive delivery on behalf of Customer upon such terms and by such methods deemed reasonable by Congent Trading in its sole discretion.
2.6 LIQUIDATION OF ACCOUNTS.
In the event of:
1. death or judicial declaration of incompetence of Customer or, in the case of a legal entity, its dissolution or liquidation;
2. 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;
3. filing of an attachment against any of Customer’s Accounts carried by Congent Trading;
2.7 MANAGED ACCOUNTS.
1. With regard to managed Accounts, an Account manager is a person or entity authorized to make decisions with respect to an Account on behalf of the Account’s beneficial owners, including a trustee, custodian, conservator, guardian, executor, administrator, attorney in fact, or investment advisor or other person to whom Customer has granted trading authority over an Account.
2. Customer understands and agrees that Congent Trading may, but is not required to, review any action or inaction by an Account Manager with respect to an Account and is not responsible for determining whether an Account Manager’s action or inaction satisfies the standard of care applicable to such Account Manager’s handling of the Account.
3. Customer further understands and agrees that Congent Trading is not responsible for determining the validity of a person’s or entity’s status or capacity to serve as an Account Manager.
4. Customer agrees to settle 5% maintenance fees and 15% commission trade charge after the end of your trading session according to Congent Trading directives.
3 CUSTOMER REPRESENTATIONS
3.1 GENERAL REPRESENTATIONS AND WARRANTIES.
Customer represents and warrants that:
1. Customer is of sound mind, legal age and legal competence;
2. Customer (if not a natural person) is duly organized and validly existing under the applicable laws of the jurisdiction of its organization;
3. Execution and delivery of this Agreement and all transactions contemplated hereunder have been duly authorized by Customer and will not violate any statute, rule, regulation, ordinance, charter, by-law or policy applicable to Customer;
4. Each person executing and delivering this Agreement has been duly authorized by Customer to do so;
5. No person other than the Customer has or will have an interest in Customer’s Account;
6. A customer has read and understands the Risk Disclosure Statement, Arbitration Agreement and Trading Policies contained in this Agreement;
7. The customer has conducted simulated trading using different demo trading platform for a period that has allowed the Customer to develop a full understanding of the trading platform;
8. All information provided by Customer to Congent Trading, including information regarding Customer’s trading experience and investment sophistication, is true, correct and complete, and Customer will notify Congent Trading promptly of any changes in such information.
9. Customer cannot engage in transactions for purposes of arbitrage or exploitation of temporary inaccuracies or technical discrepancies.
3.2 DISCLOSURE OF FINANCIAL INFORMATION.
1. Customer represents and warrants that the financial information disclosed to Congent Trading in the Application is an accurate representation of the Customer’s current financial condition.
2. Customer represents and warrants that in determining Customer’s Net Worth, Gross Income, Total Assets and Liabilities were carefully calculated.
3. Customer represents and warrants that in determining the value of Total Assets, the Customer included cash and/or cash equivalents, U.S. Government and Marketable securities, real estate owned (excluding primary residence), the cash value of life insurance and other valuable Assets.
4. Customer represents and warrants that in determining the value of Liabilities, Customer included notes payable to banks (secured and unsecured), notes payable to relatives, real estate mortgages payable (excluding primary residence), and other debts.
5. Customer represents and warrants that Customer has very carefully considered the portion of Customer’s Total Assets that Customer considers to be Risk Capital. The customer recognizes that Risk Capital is the amount of money the Customer is willing to put at risk and if lost would not, in any way, change the Customer’s lifestyle.
6. Customer agrees to immediately inform Congent Trading if the Customer’s financial condition changes in such a way as to reduce Customer’s Net Worth and/or Risk Capital.
1. Customer authorizes Congent Trading or agents acting on behalf of Congent Trading to investigate Customer’s credit standing and in connection therewith to contact such banks, financial institutions and credit agencies as Congent Trading shall deem appropriate to verify information regarding Customer.
2. Customer further authorizes Congent Trading to investigate Customer’s current and past investment activity, and in connection therewith, to contact such futures commission merchants, exchanges, broker/dealers, banks, compliance data centers, and any other financial and investment institution as Congent Trading shall deem appropriate.
3. Upon reasonable request made in writing by Customer to Congent Trading, Customer shall be allowed to review any records maintained by Congent Trading relating to Customer’s credit standing.
4. Customer shall also be allowed, at Customer’s sole cost and expense, to copy such records. The customer acknowledges that the Customer’s credit score may be impacted when Congent Trading accesses Customer’s credit file.
5. Customer also acknowledges that Congent Trading may provide information (e.g. negative Account information of unsecured debts) regarding Customer’s performance under this Agreement to these agencies.
4 ORDER MANAGEMENT
4.1 CANCELLATION AND MODIFICATION REQUESTS.
1. Customer acknowledges that it may not be possible to cancel or modify an order.
2. Customer understands and agrees that, if an order cannot be cancelled or modified, Customer is bound by any execution of the original order.
3. Congent Trading is not liable to Customer if Congent Trading is unable to cancel or modify an order.
4. Customer further acknowledges that attempts to modify or cancel and replace an order can result in an over the execution of the order or the execution of duplicate orders, that Congent Trading’s systems do not prevent over execution on duplicate orders from occurring, and that Customer shall be responsible for all such executions.
5. Customer agrees not to assume that any order has been executed or canceled until Customer has received confirmation from Congent Trading with regard to order execution.
6. Customer is responsible for knowing the status of the Customer‘s pending orders before entering additional orders.
7. Customer agrees to contact Congent Trading in the event Customer is unclear on the status of an order.
8. Customer agrees to regularly review Customer’s online Account Statement to confirm the status of Customer’s orders.
4.2 STATEMENTS AND CONFIRMATION.
1. Reports of the confirmation of orders and statements of Accounts for Customer shall be deemed correct and shall be conclusive and binding upon Customer if not objected to immediately upon receipt and confirmed in writing within one (1) business day after the execution of the Customer’s order.
2. Congent Trading will provide Customer access to view Customer’s Account at any time with an online login via the Internet. Congent Trading will not provide trade confirmation via postal mail.
3. Written objections on Customer’s part shall be directed to Congent Trading at its address located at: Congent Trading Inc, 100 Montgomery Street-Suit 1400 San Francisco, CA94104 and shall be deemed received only if actually sent via email or delivered or mailed by registered mail, return receipt requested.
4. Failure to object shall be deemed ratification of all actions taken by Congent Trading or its agents prior to Customer’s receipt of said reports.
5. Customer’s failure to receive a trade confirmation shall not relieve Customer of the obligation to object as set out herein.
1. Customer shall pay such charges (account maintenance charge, commission trade charge, account manager’s charge)
2. All such charges shall be paid by Customer as they are incurred, Congent Trading on no condition have access to withdraw the amount of any such charges from Customer’s Account(s).
4.4 DEPOSITS AND WITHDRAWALS.
1. Congent Trading shall neither receive nor disburse the Customer’s funds in cash currency or cash equivalents.
2. All withdrawal transactions between Customer and Congent Trading shall be processed to the successfully linked wallets or other methods in which the identities of both the sending and receiving parties can be verified by Congent Trading and which Congent Trading, in its sole discretion, shall deem appropriate.
3. Congent Trading shall perform deposit/withdrawal transactions only between Customer’s Congent Trading Account and another Account that is held in Customer’s name or of which Customer clearly demonstrates ownership to Congent Trading.
4. In order to prevent money laundering, fraud, and other unauthorized activity, Congent Trading may limit the Customer’s withdrawal options.
5. Congent Trading customers can withdraw their funds and benefits after every 56 days of trading sessions or closure of accounts. To request a complete withdrawal of funds from your account, click on “Withdrawal request” in your Congent Trading.
6. Please consider that we take 2-5 business days to process your withdrawal request. Once the withdrawal has been approved and sent to the provided wallet address, you simply need to wait for the standard Blockchain confirmations before the funds reflect in the destination wallet. This can take, on average, up to 6 hours. This is 3rd-party technology and is not operated nor in the control of Congent Trading.
7. Feel free to contact our Customer support specialist if you have any questions.
4.5 CONGENT TRADING’S RESPONSIBILITIES.
1. Congent Trading will not be responsible for delays in the transmission of orders due to a breakdown or failure of transmission or communication facilities, electrical power outage or any other cause beyond Congent Trading control or anticipation.
4.6 CURRENCY FLUCTUATION RISK.
If Customer directs Congent Trading to enter into any transaction:
1. any profit or loss arising as a result of a fluctuation in the rates affecting such a transaction will be entirely for Customer’s Account and risk;
2. all initial and subsequent deposits for trading purposes shall be made in USD, or another currency which Congent Trading may choose to accept, in such amounts as Congent Trading may in its sole discretion require, with subsequent deposits being in the same currency as the initial deposit; and Congent Trading is authorized to convert funds in Customer’s Account for margin into and from such foreign currency at a rate of exchange determined by Congent Trading in its sole discretion on the basis of then-prevailing money market rates.
5.1 GENERAL COMMUNICATIONS.
Reports, statements, notices and any other communications shall be transmitted to Customer electronically by posting to Customer’s online Account or via email to the email address on Customer’s application, or to such other email address as Customer may from time to time designate to Congent Trading.
5.2 EMAIL AND ELECTRONIC COMMUNICATIONS.
1. All emails sent to and from Congent Trading are subject to monitoring, review, or disclosure to someone other than Customer or Customer’s intended recipient. The customer acknowledges that there may be delays in the email being received by Customer’s intended recipient.
2. Customer agrees to hold Congent Trading harmless for any delay in email delivery regardless of whether the delay was caused by Congent Trading or a third party. Email sent to and from a Congent Trading address may be retained by Congent Trading corporate email system.
3. Customer agrees not to use email to transmit orders to purchase or sell over-the-counter products and further agrees that Congent Trading is not liable for any actions taken or any omissions to act as a result of any email message Customer sends to Congent Trading.
4. Electronic communications with Congent Trading via our Web site are also subject to monitoring, review by or disclosure to someone other than the recipient and such communications may be retained by Congent Trading.
6 THIRD PARTIES
6.1 NO SEPARATE AGREEMENTS.
1. Customer acknowledges that Customer has no separate agreement with Customer’s broker or any Congent Trading employee or agent regarding the trading in Customer’s Account, including any agreement to guarantee profits or limit losses in Customer’s Account.
2. Customer understands that Customer is under an obligation to notify Congent Trading Compliance Department immediately in writing as to any agreement of this type.
3. Further, Customer understands that any representations made by anyone concerning Customer’s Account that differs from any statements Customer receives from Congent Trading must be brought to the attention of Congent Trading’s Compliance Department immediately in writing.
4. Customer understands that Customer must authorize every transaction prior to its execution unless Customer has delegated discretion to another party by signing Congent Trading’s limited power of attorney (“LPOA”).
5. Any disputed transactions must be brought to the attention of Congent Trading’s Compliance Department pursuant to the notice requirements of this Agreement.
6. Customer agrees to indemnify and hold Congent Trading harmless from all damages or liability resulting from Customer’s failure to notify Congent Trading’s Compliance Department within one (1) business day of any of the occurrences referred to herein. All notices required under this section shall be sent to Congent Trading at its address.
7.1 ANTI-MONEY LAUNDERING PROCEDURES.
The customer agrees to and acknowledges that congent Trading may conduct the following procedures at the time of the opening and throughout the existence of the Account:
Congent Trading may monitor the trading activity in Accounts to investigate or identify potential money laundering.
7.3 SECURITY AND CONFIDENTIALITY.
1. Customer agrees and acknowledges that Customer is the exclusive owner and solely responsible, jointly and severally if applicable, for the confidentiality and protection of Customer’s Account number(s) and password(s) that allow Customer to place online orders/plans and access Congent Trading electronic trading systems.
2. Customer further agrees that Customer will be fully responsible for all activities including brokerage transactions that arise from the use of Customer’s Account number(s) and password(s).
3. Customer agrees to indemnify and hold Congent Trading harmless if any other person utilizing Customer’s confidential information provides instructions to Congent Trading that may be contrary to Customer’s instructions.
4. Customer will immediately notify Congent Trading in writing or by email of any loss, theft, or unauthorized use of Customer’s Account number and/or passwords.
7.4 INTELLECTUAL PROPERTY AND CONFIDENTIALITY .
1. All copyright, trademark, trade secret, and other intellectual property rights in the Congent Trading Platform (“Trading Platform”) shall remain at all times the sole and exclusive property of Congent Trading and/or its 3rd party service providers and Customers shall have no right or interest in the Trading Platform except for the right to access and use the Trading Platform as specified herein.
2. Customer acknowledges that the Trading Platform is confidential and has been developed through the expenditure of substantial skill, time, effort and money.
3. Customer will protect the confidentiality of Congent Trading and/or its 3rd party service providers by allowing access to the Trading Platform only by its employees and agents on a need-to-access basis.
4. Customer will not publish, distribute, or otherwise make information available to third parties any information derived from or relating to the Trading Platform.
5. Customer will not copy, modify, decompile, reverse engineer, and make derivative works of the Trading Platform or in the manner in which it operates.
1. Customer agrees and acknowledges that all conversations regarding Customer’s Account(s) between Customer and Congent Trading personnel may be electronically recorded with or without the use of an automatic tone warning device.
2. Customer further agrees to the use of such recordings and transcripts thereof as evidence by either party in connection with any dispute or proceeding that may arise involving Customer or Congent Trading.
3. Customer understands that Congent Trading destroys such recordings at regular intervals in accordance with Congent Trading established business procedures and Customer hereby consents to such destruction.
7.6 SECURITY AGREEMENT.
1. All monies, securities, negotiable instruments, contracts, and/or other property on deposit with Congent Trading or its affiliates, in Customer’s Account, for any purpose, including safekeeping, are hereby pledged with Congent Trading and shall be subject to a security interest in Congent Trading favor for the discharge of all Customer’s obligations to Congent Trading, irrespective of the number of Accounts Customer has with Congent Trading.
2. Customer also grants Congent Trading the right to use the above-described properties and any Account credit to offset against any of Customer’s obligations to Congent Trading including, but not limited to, transfers for the purpose of margining, or for application to negative balance Accounts not promptly paid, as well as delivery costs and charges.
7.7 USE OF MONIES.
Customer hereby also grants to Congent Trading the right to pledge, repledge, hypothecate, invest, or loan, either separately or with the property of other customers, to itself or to others, any funds, securities, currencies, and foreign currency or off-exchange transactions of Customer held by Congent Trading as margin or security. Congent Trading shall at no time be required to deliver to Customer the identical property delivered to or purchased by Congent Trading for any Account of Customer.
7.8 TECHNOLOGY AND COMMUNICATIONS ISSUES.
1. Congent Trading and/or its 3rd party service providers provide trading technology for Customer’s use in connection with transactions made by Customer with Congent Trading. Such trading technology includes, but is not limited to, the Trading Platform, web applications, application program interfaces, software, software code, programs, protocols, and displays (collectively “Technology”) for trading, analyzing trades and markets and constructing automated trading systems.
2. Congent Trading provides the Technology “as is,” without any warranties of merchantability, fitness for a particular purpose, or other express or implied warranties.
3. Congent Trading will be responsible for the operation or performance of any automated trading system developed with Technology or for any malfunctions of Technology or for any delays or interruptions in the transmission of orders due to breakdown, excessive call volume, or failure of transmission or communication equipment on the Internet or otherwise, including, but not limited to, communications problems, computer software or hardware breakdowns, malfunctioning errors, any and all problems or glitches associated with computer problems or any other technical cause or causes.
7.9 FOREIGN ACCOUNTS.
1. Customers not residing in the United States (”Foreign Accounts”) may be asked to comply with requests for special information by Congent Trading as required by any governmental unit or regulatory agency.
2. This includes, but is not limited to, special calls for information. In the event of a special call for information, Congent Trading or its agent shall be required to obtain the information set forth by any governmental unit or regulatory agency requesting information. In addition, failure to respond to a special call may cause transactions to be prohibited (other than offsetting trades) for the Customer.
3. Foreign Accounts must copy and forward an official form of picture identification and must provide a bank reference before the Customer is approved for trading.
8.1 BINDING EFFECT.
1. This Agreement shall be continuous and shall cover, individually and collectively, all Accounts of Customer at any time opened or reopened with Congent Trading irrespective of any change or changes at any time in the personnel of Congent Trading or its successors, assigns, or affiliates.
2. This Agreement including all authorizations shall inure to the benefit of Congent Trading and its 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.
3. Customer hereby ratifies all transactions with Congent Trading affected 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.
This Agreement shall continue in effect until termination, and may be terminated by Customer at any time when Customer has no open position(s) and no liabilities held by or owed to Congent Trading upon the actual receipt by Congent Trading of written notice of termination via email, or at any time whatsoever by Congent Trading upon the transmittal of written notice of termination to Customer; provided, that such termination shall not relieve either party of any obligations set out in this Agreement nor shall it relieve Customer of any obligations arising out of prior transactions entered into in connection with this Agreement.
This Agreement shall not be deemed to be accepted by Congent Trading nor become a binding contract between Customer and Congent Trading until Customer’s information is verified and approved by Congent Trading.
1. Customer agrees to indemnify and hold Congent Trading, its affiliates, employees, agents, successors and assigns harmless from and against any and all liabilities, losses, damages, costs, and expenses, including attorney’s fees, incurred by Congent Trading arising out of Customer’s failure to fully and timely perform Customer’s responsibilities herein or should any of the representations and warranties fail to be true and correct.
2. The customer also agrees to pay promptly to Congent Trading all damages, costs, and expenses, including attorney’s fees, incurred by Congent Trading in the enforcement of any of the provisions of this Agreement and any other agreements between Congent Trading and Customer.
8.5 FORCE MAJEURE.
Congent Trading shall not be liable to Customer for any claims, losses, damages, costs or expenses, including attorneys’ fees, caused, directly or indirectly, by any events, actions or omissions, including, without limitation, claims, losses, damages, costs or expenses, including attorneys’ fees, resulting from civil unrest, war, insurrection, international intervention, governmental action (including, without limitation, exchange controls, forfeitures, nationalizations, devaluations), natural disasters, acts of God, market conditions, inability to communicate with any relevant person or any delay, disruption, failure or malfunction of any transmission or communication system or computer facility, whether belonging to Congent Trading, Customer, any market, or any settlement or clearing system.
8.6 TERMS AND HEADINGS.
1. The term “Congent Trading” shall be deemed to include Congent Trading, its affiliates, divisions, successors and assigns; the term “Customer” shall mean the party (or parties) executing the Agreement; and the term “Agreement” shall include all other agreements and authorizations executed by Customer in connection with the maintenance of Customer’s Account with Congent Trading regardless of when executed.
2. 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.
8.7 GOVERNING LAW AND JURISDICTION.
This Agreement, and the rights and obligations of the parties hereto, shall be governed by, construed and enforced in all respects by the laws of the Financial Conduct Authority in the United States, without regard to choice of law principles.
8.8 MARKET DATA, NEWS, AND OTHER INFORMATION.
Customer agrees that the market data, news and other information available to Customer through our Web site is for Customer’s personal use and that Customer will not retransmit or republish this information in any form without the written consent of Congent Trading.
8.9 NO WAIVER OR AMENDMENT
.1. No provision of this Agreement may be waived or amended unless the waiver or amendment is in writing and signed by both Customer and an authorized officer of Congent Trading.
2. No waiver or amendment of this Agreement may be implied from any course of trading between the parties or from any failure by Congent Trading or its agents to assert its rights under this Agreement on any occasion or series of occasions.
3. No oral agreements or instructions to the contrary shall be recognized as enforceable.
4. This instrument and the attachments hereto embody the entire agreement of the parties, superseding any and all prior written and oral agreements and there are no other terms, conditions or obligations other than those contained herein.
1. This Agreement, any attachments thereto, and the terms and conditions contained in statements and confirmations contain the entire agreement between the parties with respect to the subject matter hereof.
2. If any provision or condition of this Agreement shall be held to be invalid or unenforceable by any court, or regulatory or self-regulating agency or body, such provision shall be deemed modified, or, if necessary, rescinded in order to comply with the relevant court, or regulatory or self-regulatory agency or body.
3. The validity of the remaining provisions and conditions shall not be affected thereby, and this Agreement shall be carried out as if such invalid or unenforceable provision or condition was not contained herein.
CONSENTS AND FURTHER AGREEMENTS
CONSENT TO ELECTRONIC TRANSMISSION OF CONFIRMATIONS & ACCOUNT STATEMENTS.
1. Customer hereby consents to have Customer’s Account information and trade confirmations available on the Internet, in lieu of having such information delivered to Customer via mail or email, as specified in paragraphs labeled “Statements and Confirmations” and “Communications” of the Customer Agreement. Authorization To Transfer Funds.
2. Customer hereby agrees that Congent Trading may, at any time and from time to time, in the sole discretion of Congent Trading apply and transfer from any of Customer’s Accounts with Congent Trading to any of Customer’s other accounts, whether held at Congent Trading or other approved financial institutions, any of the Contracts, currencies, securities or other property of Customer held either individually or jointly with others to another account.
3. Agreement To Use Collateral. Customer authorizes Congent Trading to sell, pledge, rehypothecate, assign, invest, commingle and otherwise use any Collateral held by Congent Trading, including, but not limited to, using the Contracts as collateral for a loan
4. Congent Trading, and, further trading with the Collateral, as provided in the Customer Agreement (including, but not limited to Paragraph 6 thereof).
5. Where Customer’s Account consists of more than one Account, this authorization shall apply to all of Customer’s Accounts with Congent Trading.
6. This Agreement to Use Collateral shall remain in effect so long as Customer’s Account with Congent Trading remains open or Customer has any obligations of any kind to Congent Trading, under the Customer Agreement. Social Security / Tax ID Certification.
7. Customer hereby certifies, under penalty of perjury, that (1) the number provided on the Customer Application is Customer’s correct Social Security or Taxpayer Identification Number and (2) the ownership, or beneficiary, of Customer’s Account, is not subject to backup withholding under Section 3406(a)(1)(C) of the Internal Revenue Code.
1. Any dispute, claim, or controversy between Customer, on one hand, and Congent Trading and/or its officers, directors, agents, or employees, on the other hand, arising out of or relating to the Customer Agreement, Customer’s Account with Congent Trading or any other trading between Customer and Congent Trading shall be resolved by binding arbitration. The forum of the arbitration may be American Arbitration Association (“AAA”), within the United States of America (“USA”), in accordance with the AAA arbitration rules in effect at the time such arbitration is commenced, or another appropriate arbitration forum within the United States.
2. If the forum of arbitration is outside of the USA, any dispute between the Customer and Bot Capitals shall be resolved in the international division of AAA, the International Centre for Dispute Resolution (“ICDR”), in accordance with the International Arbitration Rules in effect at the time such arbitration is commenced.
3. The award in such arbitration proceeding shall be final and binding and may be entered in any court having jurisdiction thereof. The arbitration shall be held unless the forum is not reasonably convenient for the Customer, at which time an alternate forum shall be determined by the arbitrator. Customer and Congent Trading agree to take all steps and execute all documents necessary for the implementation of arbitration proceedings.
4. All statutes of limitations applicable to any dispute apply to any arbitration between Customer and Congent Trading. The provisions of this Arbitration Agreement shall survive termination, amendment or expiration of Customer’s Account relationship or the governing Congent Trading Customer Agreement or any other relationship between Customer and Congent Trading. Either Customer or Congent Trading may require the submission of the dispute to binding arbitration at any reasonable time, notwithstanding that a lawsuit or other proceeding has been commenced.
5. Neither Customer nor Congent Trading shall be entitled to join or consolidate disputes by or against others in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or of a private attorney general.
6. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or result of any arbitration hereunder without the prior written consent of both parties.
TRADING RULES AND PROCEDURES
The following Trading Rules and Regulations will outline procedures and policies regarding trading and setting up an Account with Congent Trading. All Customers are required to read, understand and adhere to these rules and regulations. Congent Trading reserves the right to change any rules or regulations at its sole discretion and at any time.
1. The Congent Trading normal trading week begins at 19:00 (7:00 PM EST) on Sunday and ends at 16:00 (4:00 PM EST) on Saturday (time are subject to change.)
2. Congent Trading will announce and display on a best-efforts basis a holiday schedule when trading will not take place. In the event of a holiday, Congent Trading will on a best-efforts basis pre-announce the start-up time when trading will resume in advance.
3. Congent Trading reserves the right at its sole discretion to conduct special technical maintenance times when trading electronically may not be available.
Deposit and Account Information:
1. Deposits can be made via bitcoin, etheruem, USDT or a wire transfer to a respective agent in charge of crypto purchase as we also provide such services. Funds are not available for trading until they clear at the bank and are posted to the Customer’s trading Account.
2. All bank fees such as wire transfer fees into and out of the Account will be debited to the Customer’s trading Account as they occur.
3. All deposits are accepted in U.S. Dollars only unless otherwise agreed. Customers from foreign countries have the option to convert the foreign currency into US Dollars before wiring to Congent Trading, or wire foreign currencies to our clearing bank at which point our clearing bank will convert the balances into US Dollars at their current conversion rate for that currency.
4. A minimum deposit of $1000 is required to open an Account with Congent Trading.
5. Under NO CIRCUMSTANCES will Congent Trading accept payment or deposit into an Account by a person or entity other than the person or entity whose name appears on the Account unless agreed.
6. Under NO CIRCUMSTANCES will Congent Trading make payment to a person or entity other than person or entity whose name appears on the Account.
7. Under NO CIRCUMSTANCES will Congent Trading transfer funds from one Account with Congent Trading to another Account at Congent Trading with different Account Authorization information.
8. Telephone Orders. Congent Trading has qualified staff that can execute customer’s trade orders over the telephone. Telephone execution is intended for those circumstances when trading via the Trading Platform is not available due to technical problems on the Customer’s internet or in situations when the Customer has no other connectivity option. This option can only be executed on the provision that the technical problems are not related to a general Congent Trading server problem. The following steps should be used to transact via the telephone:
9. The Congent Trading representative will ask for the Customer’s User Name and Account Number and confirm that each match and confirm the identity of the Customer;
10. There is technology risk inherent in trading online or via a software application. Although Congent Trading has invested a lot of resources developing, testing, configuring and integrating the Trading Platform with the aid of high efficient trading bots and other relevant software and hardware.
11. KYC (Know Your Customer) Policy. Know your customer policies have become increasingly important worldwide lately, especially among banks and other financial institutions, in order to prevent identity theft, money laundering, financial fraud, and terrorist activity. Congent Trading holds a zero tolerance fraud policy and is taking all measures possible to prevent it. Any fraudulent activity will be documented and all related accounts to it will be immediately closed. All funds in these accounts will be forfeited.
1. Congent Trading aims to ensure the integrity of any sensitive data it obtains, such as your account information and the transactions you make, using a variety of security measures and fraud controls. Securing your electronic transactions requires us to be provided with certain data from you, including your preferred deposit method.
2. When you deposit funds we will require the following documents: A copy of your valid passport with the signature page Copies of your credit cards used to make the deposit (the Front side with only the 4 last digits visible, backside with the CVV covered). A copy of a recent utility bill in your name and address Signed purchase history of your online transactions If you have any questions please don’t hesitate to contact our customer support:
3. When do I need to provide these documents? We highly appreciate you taking the time to provide us with all the necessary documents as soon as you can, in order to avoid any delays in processing your transactions.
4. We require the receipt of all the necessary documents prior to making any cash transactions to your benefit. Some circumstances may require us to request these documents before allowing any other activities in your account, such as deposits or trades.
5. Please note that if we will not receive the required documents on file, your pending withdrawals will be canceled and credited back to your trading account. We will notify you of such an event via our system.
How can I send you these documents?
Please scan your documents, or take a high-quality digital camera picture, save the images as jpegs, then upload them in your Congent Trading portal. How do I know my documents are safe with you? Congent Trading holds the security of documentation at the highest priority and treats all documents it receives with utmost respect and confidentiality. All files we obtain are fully protected using the highest level possible of encryption at every step of the review process.
We thank you for your cooperation in helping us make Congent Trading a safer place to trade.
Congent Trading does not tolerate money laundering and supports the fight against money launderers.
Congent Trading follows the guidelines set by the UK’s Joint Money Laundering Steering Group. The UK is a full member of the Financial Action Task Force (FATF), the intergovernmental body whose purpose is to combat money laundering and terrorist financing. Congent Trading now has policies in place to deter people from laundering money. These policies include:
1. Ensuring clients have a valid proof of identification
2. Maintaining records of identification information
3. Determining that clients are not known or suspected terrorists by checking their names against lists of known or suspected terrorists
4. Informing clients that the information they provide may be used to verify their identity
5. Closely following clients’ money transactions
6. Not accepting cash, money orders, third-party transactions, exchange houses transfers or Western Union transfers.
Money laundering occurs when funds from illegal/criminal activity are moved through the financial system in such a way as to make it appear that the funds have come from legitimate sources.
Money Laundering usually follows three stages: Firstly, cash or cash equivalents are placed into the financial system Secondly, money is transferred or moved to other accounts (e.g. futures accounts) through a series of financial transactions designed to obscure the origin of the money (e.g. executing trades with little or no financial risk or transferring account balances to other accounts).
Finally, the funds are re-introduced into the economy so that the funds appear to have come from legitimate sources (e.g. closing a futures account and transferring the funds to a bank account). Trading accounts are one vehicle that can be used to launder illicit funds or to hide the true owner of the funds. In particular, a trading account can be used to execute financial transactions that help obscure the origins of the funds.
Congent Trading directs funds withdrawals back to the original source of remittance, as a preventative measure. International Anti-Money Laundering requires financial services institutions to be aware of potential money laundering abuses that could occur in a customer account and implement a compliance program to deter, detect and report potentially suspicious activity.
These guidelines have been implemented to protect Congent Trading and its clients. For questions/comments regarding these guidelines, please contact us.
Legal Restrictions. without limiting the undermentioned provisions, you understand that laws regarding financial contracts vary throughout the world, and it is your responsibility to make sure you properly comply with any law, regulation or guideline in your country of residence regarding the use of the Site.
To avoid any doubt, the ability to access our Site does not necessarily mean that our Services and/or your activities through the Site are legal under the laws, regulations or directives relevant to your country of residence
The Customer will be charged a $100 inactivity fee or equivalent in the alternative currency if they have not traded within the last 6 Months
The customer also hereby confirms that these funds are free of any liens or debts, are clean and non-criminal in origin, and do not originate from the United States of America or any country on the Office of Foreign Assets Control (OFAC) List. As such, the Customer agrees to comply with any request to provide additional documentation that is requested by Congent Trading and its representatives.
Pricing errors & off-market quotes
There is the possibility that pricing errors, non-market-based price quotes, off-market quotes, omissions or misquotes (referred hereafter as “Material Errors”) may occur in the pricing that we provide for trading.
A Material Error may include the date, time, incorrect price, or any error and/or lack of clarity of any information regarding a trade.
For any trades based on Material Errors, we reserve the right to do any of the below things (or a combination of them), without your consent
* amend the terms and conditions of the trade to reflect what we consider to have been a reasonable and fair price at the time when the trade was entered into, had there been no Material Error occurring (i.e. the market price),
* apply an equity adjustment to your Account, if the value of the adjustment reflects what we consider to have been the reasonable and fair price at the when time the trade was entered into, had there been no Material Error occurring (i.e. the market price). We will provide you with a record of the adjustment as soon as possible post-adjustment,
* Close-Out your trade by buying or selling an offsetting trade at prevailing market rates,
* require you to repay us any money we have paid you regarding the trade,
* void the trade from the outset, or
* not take any action to amend or void the trade.
We will exercise our rights under the above Pricing errors & off-market quotes clauses ((i) to (vi)), fairly and in good faith, and as soon as possible after we become aware of the occurrence of the Material Error. Where possible, we will advise you before we take any action under the above clauses. If, however, this is not possible, we will advise you as soon as possible afterward.
We are not liable to you for any loss, Cost, claim, demand or expense that you incur or suffer (including loss of profits or indirect or consequential losses), arising from or connected with a Material Error, including where the Material Error arises from an information service that we rely on.
We are dedicated to providing a fair and consistent service to everyone. We believe that everyone who contacts us has the right to be heard and understood, and also respected.
We believe that our staff has the same rights, and we must provide a safe working environment for our staff. We must also ensure the efficient and effective operation of our business so that we can provide a good service to everyone who is using our business.
We may decide to restrict access to our service where we consider someone’s actions or behaviour are likely to have a negative effect on our staff or our work.
This policy sets out the kinds of actions and behaviour that may have a negative effect, and what we will do in these circumstances. This policy applies to everyone who interacts or communicates with us, including clients, potential clients, affiliates, and users of our means of communication – email, chat, and telephone.
We recognize that some people may have difficulties in expressing themselves or communicating clearly, especially when anxious or upset. We also understand that some people may find it difficult to identify what impact their behavior might have on other people.
All our staff has the right not to be subjected to aggressive, offensive, or abusive actions, language or behavior, regardless of the circumstances. This means any actions or behavior that could cause staff to feel intimidated, threatened, or offended. These include, but are not limited to – threats, physical violence, personal verbal abuse, derogatory remarks, and rudeness, whether made to the member of staff directly or elsewhere. Deliberately provocative or inflammatory statements and unsubstantiated allegations can also amount to abusive actions or behavior.
Violence can be defined in various ways – it also includes behavior or language, whether oral or written, that may cause staff to feel afraid, threatened, or abused.
If someone makes unreasonable demands on us or our staff or is unreasonably persistent, that may have an impact on our ability to review the person’s complaint or the complaints of other people who are using the services. Some examples include the following: requesting responses within an unreasonable timescale; insisting on speaking to or corresponding with a particular member of staff, frequent phone calls, emails, or online chats; repeatedly changing the substance of the complaint or raising unrelated concerns.
Examples of unreasonable persistence include: continual refusal to accept that a decision has been made in relation to a complaint; insisting that we answer questions when we have done so or explained why we will not; persistent refusal to accept explanations relating to what we can or can’t do; sending emails to multiple members of staff; or repeatedly trying to revisit a case through our internal processes, once those processes have come to an end.
When we consider that a person’s actions or behavior are likely to have a negative effect, we will tell them why and we will give them the opportunity to modify their actions or behavior. If the actions or behavior continue, we will take steps to prevent or minimize the negative effects. Wherever possible, we will continue with our review of the person’s complaint. We will try to ensure that any action we take is the minimum required to protect our staff and to ensure that they can work effectively.
Our staff may either place a caller on hold or end the telephone call if the caller is aggressive, offensive, or abusive, or is making unreasonable demands. The same approach will be used for online chats. Staff are accountable for their actions and are required to log all instances of when calls have been terminated, noting the reason(s) for ending the call. All telephone calls and online chats are recorded for service and training purposes.
It may be necessary to apply restrictions to someone’s contact with us. A decision to do this may be taken by any of our managers. Some of the options that we may consider are:
* Read and file future emails and chat correspondence but acknowledge or respond to it only if the person is raising new information or making a new complaint,
* Requesting a person to transfer any funds they own from their account, and subsequently close their account with us. Once the closure of the account has occurred, restrict or block future contact with a person.
We will record any incidents which lead us to take action under this policy, and what action we have taken to address the issue.
Report the matter to the Police or appropriate governing body, or take legal action. In such cases, we may not give the person prior warning of taking that action.
Anyone who is unhappy with a decision we have made under this policy may submit a complaint to our email. We will consider it in line with our client policies in place at the given time.