TERMS & CONDITIONS
The Terms and Conditions set forth below constitute a legally binding agreement between the client and ExonMarkets Ltd., the owners, operators, and holders of the official trademark licensing for the ExonMarkets trading company and website. This company is regulated by the Vanuatu Financial Services Commission (VFSC) and is located at Rue De Paris, Port Vila, Vanuatu. All card transactions will be processed A.N. All New Investments Ltd is a Cyprus Investment Firm, authorized and regulated by the Cyprus Securities and Exchange Commission (CySEC).
This agreement, along with officially signed contracts as provided directly by the company itself, supersedes any outside agreement that may be presented. In the event of an interpretation issue; with respect to outside sources, this agreement shall predominate. If any differences are perceived between the English rendering of this agreement and other operational languages, the English version will solely be regarded as default interpretation. Any alleged contradictions should be immediately relayed to ExonMarkets for clarification.
By registering and signing up, any client affirms their understanding of their own personal accountability for all transactions performed within their account and recognizes the risks associated with trading on such markets and on such sites. Furthermore, one understands that the company carries zero influence over transactions, markets, and trading signals, therefore, cannot be held liable nor guarantee any profits or losses.
The order by which items appear below has no bearing on their importance.
A) GENERAL UNDERSTANDING
BASELINE DEFINITIONS USED IN THIS LEGAL DOCUMENT
Client - The “Client” is defined as any counterparty to ExonMarkets, including but not limited to subscribers and users of the ExonMarkets platform. This may refer to an individual or an institution.
Base Currency - The base currency refers to the currency in which all the transactions are made or to ExonMarkets. The base currency in this document is United States Dollar, commonly abbreviated as USD or represented as $.
Business Day - Business day refers to any day where the banking system is open.
Products - Products refer to all the products offered by ExonMarkets, including but not limited to, the platform and over the telephone.
Guarantee Enhancer - Guarantee Enhancer refers to any guarantees provided over and above the funds in a client's account registered with ExonMarkets.
Trading Platform - Trading Platform refers to the electronic software provided to clients by ExonMarkets for the purpose of executing financial transactions for Forex trading.
Trade - Trade refers to an execution of an order through the ExonMarkets trading platform, or via the telephone.
OTC - OTC is an abbreviation for Over-The-Counter and refers to the transactions executed by ExonMarkets. All transactions are over the counter as the company does not transact on exchanges.
ExonMarkets Trading Desk - ExonMarkets trading desk refers to the trading desk operated by the company at its premises.
Age Restrictions - The company’s trading services are provided only to clients 18 years old and above.
ExonMarkets Online Trading System - ExonMarkets Online Trading System refers to the web-based trading system available at the following URL: www.ExonMarkets.com.
Network - Network refers to all kinds of equipment involved in the execution of transactions, including but not limited to, hardware, software, and the Internet capabilities of both parties.
Completed Trade - Completed Trade refers to any transaction where a confirmation is communicated to a client. Confirmation may take many forms, including, but not limited to, the posting of a transaction on the client’s trading blotter.
B) OVERVIEW OF TERMS AND CONDITIONS
The trading signals provided by the company are not, nor intend to be, an offer or solicitation to enter any forex transaction. It is solely the account holder’s/client’s decision to determine which, if any, trading signals are to be used for trading on their account(s). The client understands that past performance associated with any trading signals, whether actual, hypothetical or historically “back-tested” is neither necessarily indicative of nor a guarantee of future performance or success. Clients are aware that any trading signal may result in the total loss of funds deposited.
Please note that all suggestions, advice, or recommendations offered by the company’s agents or contained on the trading signal channels offered, are not formulated by the company itself nor constitute any opinion or official call-to-action by the company. Instead, they are derived solely from the current readings of the market from an independent third party, which is subject to change. Any information given should not in any way be construed, either explicitly or implicitly, directly or indirectly, as investment advice, recommendations, or be suggestive as an official investment strategy with respect to a financial instrument.
- No Commissions (except on Stocks): ExonMarkets earns on each Forex trade from a mark-up embedded in the spread, which is the difference between the bid and ask price.
***Spreads are indicated in Value.
- Fractional Pips: we offer clients fractional pips, that are up to 10 times more precise, to take advantage of small price movements.
- Swap-Free: applies to all of our higher account types (Bronze, Silver, Gold, Platinum, Premium, & VIP). However, with our Standard Account, you are charged or credited swap or interest on any leveraged positions that you keep open at the end of each trading day. These costs are sometimes known as overnight or swap fees. Our swap-free accounts are designed to meet the needs of clients who do not wish to be charged or credited with this swap or interest.
***ExonMarkets reserves the right to revoke the swap-free status of any account type in the event of any abuse or violation of the company’s Terms and Conditions.
- Inactivity Fee: Accounts without any trading activity for ninety (90) consecutive days after their last documented trade, will be charged an Inactivity Fee of $10.00 – or the equivalent value in the account’s base currency every month.
***ExonMarkets reserves the right to implement an inactivity fee on any account if the account displays any form of lack of activity.
COMMUNICATING WITH ExonMarkets
A client may contact ExonMarkets via phone, email, or fax. Please note that the preferred language of communication is English, however, one is free to send messages in Arabic, French, Italian, or German. ExonMarkets prides itself in replying promptly to client’s queries. ExonMarkets may utilize the services of a translator for addressing inquiries made in languages other than the ones mentioned above. In event that a translator’s services are utilized, there may be a delay in the promptness of the response.
As mentioned previously, all suggestions, advice, or recommendations communicated by any of the company’s representatives, do not constitute any official opinion or call-to-action by the company.
ExonMarkets is the counterparty in all transactions. This is due to the nature of the products that ExonMarkets offers.
INITIATION OF AGREEMENT
All clauses of this agreement come into effect when a client creates any kind of account (including a demo account) with ExonMarkets.
BUSINESS AND REGULATORY ENVIRONMENT
ExonMarkets Ltd., and therefore by extension, ExonMarkets, comply with generally accepted rules, regulations, and accounting norms. As is the case with multinational entities, ExonMarkets Ltd. and ExonMarkets will generally adhere to the applicable laws of the jurisdiction in which it operates, however, is not limited to pursuing matters in any lawfully recognized jurisdiction as well.
GOVERNING LAW AND JURISDICTION
This agreement shall be governed by and construed in all respects in accordance with the laws from the jurisdiction in which it operates. Both the company and the client will attempt in good faith to negotiate a settlement to any claim or dispute between them arising out of or in connection with this agreement. If the parties fail to agree on the terms of the settlement, the parties may submit a dispute exclusively to a confidential outside arbitrator whose decision shall be final and binding.
POLICY ABOUT REGULATORY INQUIRY
ExonMarkets is subject to observe complete and total compliance whenever a government or a regulatory body approaches for more details about a specific client, transaction, or account. ExonMarkets is therefore legally obliged to disclose any requested information to such regulatory or governmental agencies only. Aside from this, the company is prohibited from disclosing any kind of information about clients, transactions or accounts managed to any other third parties.
Fees, Commissions, Costs, & Charges
General commissions or costs – in other words, our revenue – attributed to clients is incorporated in the spreads of the instrument that traded. The spread is the gap between the bid and the ask prices of a security or asset. If for any reason, a client’s activity triggers additional costs, ExonMarkets passes said costs onto the client.
Accounts void of any trading activity for ninety (90) consecutive days after their last documented trade, will be charged an Inactivity Fee of $10.00 – or the equivalent value in the account’s base currency – every month until either account trading activity resumes, we receive your instruction to close your account, or if your account has a nil balance in which your account will then be automatically closed by us.
Accounts may also be charged an Overnight Fee on certain instruments traded, following the first five  days from the opening of that particular position.
All fees, commissions, costs, and charges, such as but not limited to the ones mentioned above, are deducted from an account’s balance directly through our trading platform through our Dealing Department.
***ExonMarkets reserves the right to amend the amounts and delegation of these (or any other) fees, commissions, costs, and charges, per its sole discretion, in order to maintain proper distribution of its products and services.
For more information regarding costs and fees, please refer to our Trading Conditions page.
If you believe that you have been charged incorrectly, please contact us at firstname.lastname@example.org.
ExonMarkets adopts a high priority policy in reimbursing its clients whenever a valid amount of money is requested as a withdrawal, through the company’s proper withdrawal channels and procedure.
Certain criteria must be met and maintained by a client on their account to facilitate the withdrawal of funds. Such criteria include, but are not limited to:
- Any balance NOT required for margin purposes and NOT a credit or bonus as provided by the company can be furnished out through a regular withdrawal request.
- The client’s account must be deemed fully KYC verified by the company’s Compliance Department, with the most recent and complete documentation as requested.
- Said criteria for withdrawal approval are subject to revision per the company’s discretion.
All withdrawal requests are subject to a comprehensive review by the company and are liable for cancellation upon the discretion of the company.
Withdrawals for deposited funds will be executed in the manner that the initial funds were received, whenever possible. Withdrawals for profits (funds exceeding the amount initially deposited) may be executed via the credit/debit card used to make the initial deposit (as a single complete transaction), if required by the 3rd party remitters the company work. If not, profit withdrawals will be executed only once the client provides the company with an alternative payment method to submit the funds via. An alternative payment method may also be required in cases where the company is unable to send deposited funds via the original method of payment. In that case, the company will notify the client accordingly and request an alternative method of payment to which we can send the funds. The method through which funds are sent out is ultimately at the company’s discretion.
While the company will always strive to expedite withdrawals in a timely fashion, delays may occur that are out of the company's control. Additionally, processing times may vary depending on the payment method used to send the funds. The time frame for a withdrawal to be executed includes the company's reviewal of said request, the company’s own processing time of the withdrawal request from its systems, as well as processing times from the individual 3rd party financial remitters and institutions they are sent from. Since such 3rd party financial institutions are the ultimate transmitters of said funds, the company is therefore not liable and holds no responsibility nor influence over the processing times of said 3rd party processors, banks, etc.
For more detailed information on this topic, please refer to our Refund And Return Policy legal document.
The company reserves the right to execute changes and adjustments to client trades, transactions, and accounts overall. Such changes include but are not limited to, addition or subtraction of fees, negative balance protection corrections, corporate actions (dividends, stock splits, rights, etc.), and rollovers. All adjustments are calculated and applied by the company’s Dealing Department.
At any time, the company exercises its right to liquidate, terminate, or cancel a client’s account, transactions, positions, orders, withdrawal requests, etc. This might occur to assist the client, perform necessary corrections, reflect changes due to rollovers, or if the client fails to maintain the needed margin requirements, or does not comply with company conditions.
C) LONGEVITY OF AGREEMENT
By reading this, a client agrees that this agreement will be in effect until he or she terminates the agreement by placing a written request to ExonMarkets, preferably by email or another written and documentable method. Additionally, ExonMarkets reserves the right to terminate any agreement with any client, void of the cause, via notification as well. Any termination of this or any other contract does not release either party of the liabilities set forth during the contractual period.
ExonMarkets also reserves the right to make any modifications or changes as necessary to this agreement, with or without notifying the client. It is recommended that the client check this agreement from time to time.
D) ADVISORY ROLE OF ExonMarkets Team
ExonMarkets assumes that its clients are at least 18+ years of age. It is presumed that the client is independent and expected to make rational decisions about his or her monetary investments.
ExonMarkets openly acknowledges that forex trading has risks involved. ExonMarkets also bears zero liability for any losses endured by the client due to trading, regardless of the reason. Therefore, it is understood that anyone who invests with the company will transact in a manner that is suitable for his or her own personal risk threshold.
OPINIONS AND RESEARCH
ExonMarkets invests a lot of time and money to provide the most accurate analysis for our clients. However, ExonMarkets will not be held accountable for any financial loss that may occur due to miscommunication or misinterpretation about an opinion delivered by a ExonMarkets representative when a client requests an opinion. It is the responsibility of the client to assess the opinion and make a rational investment decision on their own.
Data Collection Know your Clients “KYC”
When a client registers for either a demo or a live account with ExonMarkets, the company is required to collect some personal data from its clients for business purposes. Such data collection is required by the company for regulation as well as fraud and anti-money laundering purposes.
Additional reasons for such data collection include but are not limited to:
- To verify a client’s identity.
- To ensure that a client meets the suitability requirements needed to use our products and services.
- To assist the company in the proper management of a client’s account.
- To process a client’s transactions.
- To send a client information about transaction/post-transaction services.
- To keep a client updated with news on our products, services, and any other information relevant to their working relationship with ExonMarkets.
- For website improvement purposes.
- For the analysis of statistical data which will help the company provide the client with better products and services in the future.
Accordingly, ExonMarkets requests the following personal data from its clientele:
- Initial and basic personal and financial information is needed during online registration and sign-up.
- Proof of Identity - front and back of the client’s valid photo ID (Passport, Driver’s License, National Identification Card, etc.).
- Proof of Residence - recent utility bill or bank statement from the last 3 months that includes the client’s full name and address.
- Proof of Payment - front and back of the credit or debit card used to make the client’s deposit(s).
*** This data is required from clients who have funded their account by credit or debit card.
*** Please note, if a deposit is made using a card belonging to someone else, we ask that the account holder also provide Proof of ID and Proof of Residence of the cardholder themself
- Transaction Authorization / Declaration of Deposit (DOD) Form: - an official company form detailing all transactions made by a client into the company’s accounts. Said form is required to be reviewed, signed, and dated by the client and submitted back to the company upon completion.
- Tax Payer Identification Number (TIN) – a client’s personal tax identification number as required for the company to collect for regulatory purposes.
- Any additional applications, forms, agreements, or contracts the company discretionarily deems necessary for a particular client or account.
Please note that the company must keep maintaining any personal data on record for an additional five years, regardless of the client’s working relationship with the company has ended.
I (Client Name) holder of the trading account number (ExonMarkets Trading Account Number) with ExonMarkets.com, residing at (Client’s Country of Residence) I hereby represent, warrant, and confirm, the following: