Terms and Conditions

1.1 Contractual Basis: This Agreement sets forth the legal, regulatory, and operational terms governing the relationship between the Company and the Client, and applies to each Transaction entered into, transmitted, or outstanding on or after the execution of this Agreement.

1.2 Commencement Date: This Agreement enters into legal force and becomes binding upon the Client when the Client indicates electronic acceptance via the Company's website, mobile portal, or trading terminal, and upon the Company confirming that the Client's Account has been duly created and approved.

1.3 Supersession: This Agreement supersedes and replaces all prior negotiations, representations, understandings, or agreements between the parties relating to the same subject matter.

In this Agreement, the following terms shall have the respective meanings assigned to them below:

3.1 Execution-Only Services: The Company provides reception, transmission, and order execution facilities for Financial Instruments on an execution-only basis. All transactions are non-deliverable; no physical ownership or physical delivery of underlying currencies, securities, or physical commodities shall take place.

3.2 Ancillary Services: In connection with execution, the Company may provide ancillary services including currency conversions, client money administration, and access to third-party market data feeds.

4.1 Collateral Requirements: Financial Instruments are leveraged derivative products. The Client must provide and maintain sufficient Free Margin collateral prior to opening a position and at all times while the position remains active.

4.2 Stop Out Liquidation: If the Account Equity drops to or below the designated Stop Out percentage (as published on the website or Contract Specifications), the Trading Platform will execute automatic, non-discretionary liquidation of open positions, beginning with the most unprofitable trade, until the Margin Level is restored.

4.3 Adjustment of Margin Parameters: The Company reserves the unilateral right to adjust margin rates, leverage ratios, and Stop Out thresholds, particularly in anticipation of extreme market volatility, illiquidity, macroeconomic events, or weekend market closures.

5.1 Speculative Nature: The Client expressly acknowledges that margin trading in Foreign Exchange and CFDs is highly speculative, entails substantial market exposure, and carries a high risk of rapid monetary loss.

5.2 Slippage and Gapping: Due to extreme market conditions, economic announcements, or liquidity gaps, order execution prices may differ from the price requested (market slippage). The Company does not guarantee guaranteed stop-loss execution where interbank market gaps occur.

5.3 Capital Loss: The Company does not guarantee invested capital, yield, or profitability. The Client must not risk funds they cannot afford to lose entirely.

6.1 Regulatory Classification: The Company categorizes clients according to established international market standards as Retail Clients, Professional Clients, or Eligible Counterparties. Retail Clients benefit from the highest degree of regulatory information and protective limits.

6.2 Re-Categorization Requests: The Client has the right to request a different regulatory classification in writing. Re-categorization is subject to the Client meeting statutory net worth, experience, and trade volume thresholds, and may result in the forfeiture of certain retail investor protections.

7.1 Customer Due Diligence (CDD): Prior to account activation or fund release, the Client must submit valid, certified proof of identity (passport or government national identity card) and proof of residential address (utility bill or bank statement issued within the last six months).

7.2 Ongoing Compliance Surveillance: The Company reserves the continuing right to request refreshed documentation, source of funds disclosures, and corporate beneficiary records at any point during the business relationship.

7.3 Prohibition of Nominee / Third-Party Operation: Accounts are registered strictly for the individual or legal corporate entity named on the application. The operation of accounts by undisclosed third parties, proxies, or shared access arrangements is strictly prohibited.

8.1 Legal Capacity: The Client represents and warrants that they are at least eighteen (18) years of age, possess full legal competence, and are not subject to any legal or geographical impediment preventing them from entering into binding financial contracts.

8.2 Active Surveillance of Positions: The Client undertakes full responsibility to monitor open positions, maintain adequate margin balances, and secure their local hardware, internet connections, and trading software.

8.3 Prohibition of Market Abuse: Latency arbitrage, predatory high-frequency trading (HFT) exploiting server feed delays, off-market price spike manipulation, and IB commission churn schemes are strictly prohibited. The Company reserves the right to cancel illegitimate trades and revoke unauthorized gains resulting from abusive trading practices.

9.1 Non-Interest Bearing Accounts: Funds deposited into the Client Account do not bear interest, regardless of the deposit amount or duration held.

9.2 Waiver of Custodial Interest: The Client expressly waives any right or entitlement to interest accrued on client funds held in institutional segregated bank accounts maintained by the Company.

10.1 Trading Costs: The Client shall pay all applicable trading costs, including bid-ask spreads, per-lot commissions, and overnight financing charges (swaps/rollovers) as outlined in the Contract Specifications published on the website.

10.2 Administrative & Banking Fees: The Client is responsible for extraordinary banking costs, intermediary bank transfer fees, currency conversion surcharges, and payment gateway processor deductions incurred during deposits or withdrawals.

10.3 Schedule Updates: The Company reserves the right to amend its fee structure and schedule of charges at any time upon publishing revised tariffs on its official website.

11.1 Remuneration & Referral Fees: The Company may pay fees, commissions, or rebates to independent Introducing Brokers (IBs) or affiliate partners who introduce clients to the Company, designed to support ongoing marketing and client acquisition.

11.2 Independent Legal Status: Introducing Brokers are separate and independent third parties. An IB is not an agent, employee, or representative of the Company and possesses no legal authority to bind the Company or offer investment advice on its behalf.

12.1 Binding Order Transmission: Instructions transmitted electronically via the Trading Platform, web terminal, or registered API credentials are legally binding on the Client upon receipt by the Company's servers.

12.2 Right of Rejection: The Company reserves the right to reject, modify, or cancel orders where:

• Free Margin is insufficient to cover required collateral;
• Execution would threaten system stability, orderly markets, or exchange liquidity; or
• There is reasonable suspicion of market manipulation, latency arbitrage, or breach of applicable law.

13.1 Official Language: All official notices, agreements, statements, and operational communications shall be executed in the English language.

13.2 Electronic Notice Delivery: Notices sent by electronic mail to the Client's registered email address, published in the Client Portal, or posted via platform system alerts shall be deemed delivered immediately upon dispatch.

13.3 Client Contact Obligations: The Client is required to ensure that their contact details on record remain accurate, verified, and continually updated.

14.1 Prohibition of Third-Party Remittances: Deposits must originate solely from bank accounts, credit cards, or digital wallets held in the identical legal name of the registered Client. Third-party deposits and third-party withdrawals are strictly prohibited under Anti-Money Laundering legislation.

14.2 Return-to-Source AML Rule: Withdrawals must be processed back to the exact payment method and funding source originally utilized for deposit, up to the total amount deposited, before alternative authorized channels may be utilized.

14.3 Processing Timelines: Standard withdrawal processing windows are between one (1) and three (3) business days, subject to compliance validation, security verifications, and external banking clearing windows.

15.1 Segregated Accounts: All funds deposited by Clients are maintained in segregated institutional bank accounts, held separate and distinct from the Company's operational capital, in accordance with applicable client money regulations.

15.2 Institutional Custodial Risk: Segregated funds are deposited with recognized international credit institutions. While the Company exercises due skill and care in selecting financial counterparties, it shall not be held liable for insolvency, liquidation, or acts of default by custodial credit institutions.

If a Client’s account remains inactive, with no trading activity, for twelve (12) consecutive months, the account will be deleted.

17.1 Confidentiality of Access Data: The Client is solely responsible for maintaining the absolute secrecy and confidentiality of their Access Data, passwords, and two-factor authentication tokens. Any instruction transmitted using the Client's authentic credentials shall be presumed conclusively to have been authorized by the Client.

17.2 Electronic Transmission Risks: The Client accepts all operational risks arising from power failures, telecommunications outages, internet latency, hardware malfunctions, software bugs, or malicious cyber attacks affecting the Client's devices.

17.3 Scheduled Maintenance: The Company may perform emergency or scheduled system maintenance, server restarts, and software upgrades outside or within market hours, during which platform access may be temporarily suspended.

18.1 Consent to Recording: The Client expressly consents to the electronic logging and recording of all telephone calls, live chats, emails, and platform communications exchanged with the Company's personnel and representatives.

18.2 Conclusive Legal Evidence: The Company's electronic records, server log files, and recorded audio conversations shall be admissible as primary and conclusive legal evidence in any court, arbitration, or regulatory dispute.

19.1 Permissible Outsourcing: The Company may outsource technical services, server hosting, liquidity bridge management, payment processing, and administrative support to qualified external third-party service providers.

19.2 Confidentiality and Safeguards: In delegating operational functions, the Company ensures that external partners adhere to confidentiality and information security standards consistent with applicable data protection laws.

20.1 Cross-Account Set-Off: The Company reserves the right, at any time and without prior notice, to set off any positive balance or equity held in any Account of the Client against any debt, liability, deficit, or negative balance owed by the Client across any other Account maintained with the Company.

20.2 General Lien: The Company maintains a general contractual lien over all client funds, securities, and assets held in its custody until all liabilities under this Agreement are discharged in full.

21.1 Formal Submission: Any client dispute or claim relating to order execution or account administration must be submitted in writing to support@promaxtrading.com within thirty (30) calendar days of the disputed occurrence.

21.2 Investigation & Resolution: The Company shall acknowledge receipt within five (5) business days and complete a thorough internal investigation utilizing server log records, issuing a formal written resolution in accordance with the Company's Complaints Policy.

22.1 Scope of Force Majeure: Force Majeure events include acts of God, strikes, civil unrest, acts of terrorism, war, pandemics, government moratoria, currency exchange suspensions, liquidity pool halts, or widespread internet infrastructure failure beyond the Company's control.

22.2 Suspension of Obligations: The Company shall not be held liable for failure to execute orders, platform downtime, or financial loss occurring as a direct or indirect consequence of Force Majeure circumstances.

23.1 Right to Amend: The Company reserves the unilateral right to amend, supplement, or replace these Terms and Conditions at any time. Changes will be notified by publication on the website or via registered email communication.

23.2 Tacit Acceptance: Continued access to the website, retention of an open account, or placement of trades following the effective date of published modifications shall constitute full legal acceptance of the amended terms.

24.1 Voluntary Termination: Either party may terminate this Agreement at any time by providing written notice to the other party (the Client providing seven (7) business days written notice).

24.2 Immediate Termination for Cause: The Company may immediately terminate or suspend account services without prior notice where:

• The Client commits a material breach of this Agreement;
• The Client fails KYC/AML verification or provides fraudulent information; or
• Required by statutory court order, police request, or regulatory directive.

24.3 Settlement of Positions: Upon termination, all open positions will be closed at prevailing market rates, outstanding fees will be deducted, and net remaining funds will be returned to the Client's verified source of origin.

25.1 Governing Law: This Agreement, including all contractual and non-contractual obligations arising out of or in connection with it, shall be governed by, construed, and interpreted in accordance with the substantive laws of Saint Lucia (and the laws of Saint Vincent and the Grenadines where applicable to registered corporate entities).

25.2 Exclusive Jurisdiction: Each party irrevocably submits to the exclusive jurisdiction of the competent courts of Saint Lucia in respect of any claim, dispute, or difference arising out of or in connection with this Agreement.