TERMS AND CONDITIONS
The site (https://www.plutus.pro/) (hereinafter referred to as the “Site”, “Website”) is operated by ITM Solutions LLC (Hereinafter referred to as the “Company”, “We”, “Our”). These Terms and Conditions together with all company policies and Risk Disclosure Document, as well as any legally binding document entered into between the Company and the Client, all as amended from time to time in writing, constitute a binding Agreement (hereinafter: “Agreement”) between You (Hereinafter referred to as “You”, the “Client”, “User) and the Company. Any and all activity on, with and/or via this Site shall be governed by these Terms and Conditions. By accessing, visiting and/or using this site or the services of the Company You express your consent to any and all of these Terms and Conditions and undertakes to fully comply therewith.
This Agreement set out the terms upon which the Company will deal with the Client in respect to placing and executing or OTC financial instruments rates transactions, including Forex (Foreign Currencies), Cryptocurrencies Commodities, Stocks & Indices rates (“Trading“), on the Company’s trading platform, and any other service made available by the Company to the Client.
IF YOU DO NOT ACCEPT ANY OF THESE TERMS & CONDITIONS OR ANY OF THE POLICIES – YOU CANNOT USE THE COMPANY’S SERVICES.
Any User must be aged 18 or older and legally permitted to use the Services this under the laws applicable to him/her in the jurisdiction in which he resides. The user represents that he or she has the full legal capacity to enter into legally binding agreements. This Site strictly forbids any use of data mining, data gathering, bandwidth theft, offline browsing plug-ins and software and/or download and/or batch download or access via any software except for the main common and official Web browsers or software downloaded from this website.
YOUR ACCOUNT AND THE BANK ACCOUNT:
The Company will open an account for the Client (the “Trading Account”) as soon as Your Application Form is accepted, and provide You with a User ID and account number. You must not disclose your account access details to any other person, and in the event that You believe that these details are known by a third party then You must notify us immediately.
The Client confirms that all information it provides to the Company is full, accurate and complete. If there is a change in relation to any of the information provided by the Client, the Client must notify the Company immediately of any such change.
The Trading Account will be activated by the Company as soon as the Company has identified the funds credited by the Client to the Trading Account. We may carry out credit or other checks as we deem appropriate from time to time including without limit obtaining references from Your Bank (hereinafter: “Bank Account”), employer or credit agencies (if applicable). Acknowledge and accept that We are under no obligation to accept or transfer any Monies to or accept any monies from any account other than your Bank Account.
The Company may act, according to the Company’s sole discretion, as principal or as agent on the Client’s behalf. Therefore the Company may act as the counterparty to the Clients’ Trading activity. The Client confirms that it acts as a principal and not as agent or trustee on behalf of someone else. Accordingly, the Client agrees that it shall be directly and fully responsible for performing all of the Client’s obligations under this Agreement.
Usage of the Trading Platform provided by the Company is by limited license given by the company to the client. The license is personal, non-transferable and is subject to the terms of this Agreement. The Client may not transfer, assign, and enable others to make any use of the license.
You should understand that trading, investments and similar operations are regulated in different ways throughout the world. The fact that you can access our website and use the Services the Company offers doesn’t necessarily mean that it is legal in your country to do so and that is your responsibility to verify. Your usage of the Company’s Trading Platform and Services constitute your acknowledgement that is legal for you to do so.
The account could be maintained in USD currency. Any other currency will be converted at a fair exchange rate at the discretion of the Company at the point of conversion; if the Client sends funds in another currency than his account’s currency, we will apply an exchange rate to our discretion. We will generally settle trades or perform any required setoffs and deductions in the relevant currency where the account comprises such currency ledger, save that where such currency balance is insufficient, we may settle trades in any currency using the exchange rate.
The Client may transfer funds to the Company with different methods of payment as permitted by the Company from time to time and in such currency acceptable by the Company. Such funds will be converted and managed in the Trading Platform in US Dollars or EURO or Pound sterling according to an exchange rate determined by the Company’s according to the known rates at the Market.
The Funds deposited with the Company by the Client, together with any Profit or other Benefits the Client may be entitled to according to a specific agreement with the Company, shall be used as security to any Transaction, including losses, commissions and any other fee or debt owed by the Client to the Company, which will be automatically deducted from the Client’s equity in the Trading Account. The funds in the account shall not bear any interest or any other benefits (except for rollover/swap calculation). Trading in financial instruments rates does not grant the Client any right to dividends, voting, allocations or any other benefits, but may be subject to adjustments according to financial events which affect the reference security, such as distribution of dividends, splits etc.
According to anti-money-laundering laws and regulations, The Client will be required to identify itself as the origin of the funds. The Client may be required to provide such further full and true information and sign any document required by the Company to enable proper operation of the Trading Account under the applicable laws.
Whenever the Client transfers funds to the Company, those funds belong to the Company and will be treated by it as its own for the purpose of securing or covering the Client’s present, future, actual, contingent or prospective obligations, subject only to any contractual obligation of the Company to pay or return money to the Client according to the terms of this Agreement. The Client will not have a proprietary claim over money transferred to the Company, and the Company can deal with it in its own right.
The Client declares the funds do not derive from any criminal or other illegal activity and without any violation of any applicable anti-money laundering laws and regulations.
REFUND AND WITHDRAWALS
Requesting a refund or withdraw from the Company is by submitting a withdrawal request. A Client may ask to withdraw only the available funds from his account to his Bank account. Available funds means funds that are not required to secure any open position, any current or foreseen liability of the Client towards the Company and not under any other contractual obstacle such as volume conditioned bonuses etc. The Company may cancel the Client’s withdrawal order, if, according to the Company’s discretion, the remaining funds (after the withdrawal) shall not be sufficient.
Repayment of any funds by the Company to the Client will be in the same currency and to the same account/credit card from which the funds were originally transferred, unless the Company has decided, by its own discretion and subject to the applicable anti-money laundering laws, to return the funds to a different account of the Client.
The Client will have no claim against the Company and will not hold the Company responsible for any delay and/or differences originating from financial institutions (banks, credit cards, payment solutions etc.), rates calculation and/or commission and/or any other bank or credit debit.
The request will generally be processed by us within 5 business days of receipt. Once the withdrawal request has been approved it may take up to 10 business days for the funds to reach your credit card or bank account. If you do not have online access to your credit card, it should appear on the next billing statement(s) depending on your card’s billing cycle.
The minimum amount of withdrawal via a wire transfer is 250 USD.
Funds appearing on Clients’ account may include agreed or discretionary bonuses and incentives, or any other sums not directly deposited by the Client or gained from trading on account of actually deposited funds (“Non-Deposited Funds”). Please note that unless otherwise explicitly agreed, Non-Deposited Funds are not available for withdrawal.
FEES AND CHARGES
The Company derives revenues from the spread on Transactions (i.e. the difference between buy/sell prices quotes offered by the Trading Platform to the Client).
The Company charges a fee for transfers and withdrawal of funds to and from the Trading Account.
The Company may introduce additional fees and charges and may change any existing fees and charges, at any time by giving the Client not less than 10 Business Days’ notice of such changes.
The Trading Platform supplied by the Company enables trading in foreign exchange rates of different currencies, commodities, CFD’s, cryptocurrencies and other financial instruments made available by the company (all hereof: “Financial Instruments“).
The Trading Platform displays indicative quotes of exchange rates of different financial instruments pairs, based on different financial information systems. Due to different calculation methods and other circumstances, different trading platform and/or markets may display different price quotes. Prices posted on our website are provided by third party signal providers. We do not investigate, vet or warrant the performance or quality in any way of any third party pricing provider. All transactions, investments, and decisions are at your own discretion and risk.
The Company’s Trading Services are available during regular Forex Trading hours, Monday-Friday. Transactions are automatically renewed (“rolled over”) every night at 22:00 GMT from the day the Transaction is opened until the Transaction is closed. The Company does warrant that trading in the Trading Account will be available at all times.
The Client authorizes the Company to rely and act on any order, request, instruction or other communication given or made (or purporting to be given or made) by the Client or any person authorized on the Client’s behalf, without further enquiry on the part of the Company as to the authenticity, genuineness authority or identity of the person giving or purporting to give such order, request, instruction or other communication.
The Company has the right, but not the obligation, to set, at its absolute discretion, limits and/or parameters to control the Client’s ability to place orders or to restrict the terms on which a Transaction may be made.
The company does not allow arbitrage trading based on different systems or platforms in the markets, exploitation of system latency, bug, error or any other manipulative Trading methods that are designed to generate profits not from trading but from system manipulation or wrongful exploitation.
The company is entitled, by its own discretion, to cancel any trade that has been executed due or in connection with an error, system malfunction, breach of the Agreement by Client, etc. The company’s record will serve as decisive evidence to the correct exchange rates in the world markets and the wrong rate quote given to the client, and the company is entitled to correct or cancel any trade based on the correct exchange rates. The Client obligates to assist the Company in investigating any misuse of the Client’s Account.
Reporting – Client can view his open trades (“positions”) and margin funds at any time by accessing his account in the company’s platform and viewing historical trades in the Account.
The Trading Platform, Company’s website and other services may be used as intended only. Any other use as well as copying, reselling, reverse engineering or making unfair use of the Trading Platform, Company’s website and other services is strictly prohibited.
ROLLOVER AND MARGIN CALL, NO ADVICE
Rollovers or Swaps– a position is automatically renewed (‘rolled over’) at night, to the next business day, without the need for the Client’s intervention. Such rollovers are accommodated with interest debits or credits to the Trader’s Trading Account, based on the interest rate differentials applicable to each currency.
Margin call– In the event that the client fails or is expected to fail to meet the amounts required to secure his open trades, the Company may demand that the client shall deposit such sums as required (‘margin call’). In case the Client fails to meet such margin call, the Company may close out the Client’s position(s). The Client acknowledges and agrees that this may result in a Transaction being closed out at a less favourable time or rate than might otherwise be the case and the Company shall not have any liability to the Client as a result of it closing out any Transaction in such circumstances.
IMPORTANT: ACCOUNT HOLDER IS REQUIRED TO MONITOR ACCOUNT REGULARLY, AND ENSURE THAT AVAILABLE MARGIN EXISTS IN THE ACCOUNT PRIOR TO SUBMITTING THIS REQUEST, AS SUCH WITHDRAWAL MAY HAVE AN IMPACT ON EXISTING OPEN POSITIONS OR TRADING STRATEGY USED.
The Company does not advise its clients in regard to the expected profitability of any trading order, and any tax or other consequences. The Client is solely responsible for making its own independent appraisal and investigations into the risks of the Transaction. The Client represents that it has sufficient knowledge, market sophistication and experience to make its own evaluation of the merits and risks of any Transaction. The Client acknowledges that he has read and understood the Risk Disclosure Document which sets out the nature and risks of Transactions to which this Agreement relates.
Where the Company does provide market commentary, E-books, tutorials, videos, webinars or other information: (a) this is incidental to the Client’s relationship with the Company (b) It is provided solely to enable the Client to make its own investment decisions; (c) makes no warranty that the information, at the time it has been received by Client, is still updated. The Company shall not be responsible for the consequences of the Client acting upon such market commentary or other information.
The Client acknowledges that the Company shall not, in the absence of its fraud or wilful default, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any information given to the Client.
The Company is under NO an obligation to assess the appropriateness of any Transaction for a Client, to assess whether or not the Client has the necessary knowledge and experience to understand the nature of and risks associated with the Transactions.
Except in the case of fraud (that not includes fraud from a third party), We do not accept responsibility for any loss or damage suffered by You as a result of Your trading on monies deposited in or credited to Your Account in error by or upon our behalf.
We reserve the right to close or suspend Your Account at any time in accordance with the terms of this Agreement.
Multiple Accounts: Except as otherwise expressly provided in this Agreement, if You have more than one Account with us, each account will be treated entirely separately. Therefore, any credit on one Account (including monies deposited as margin) will not discharge Your liabilities in respect of another Account unless We exercise Our rights under this Agreement.
UNLAWFUL USAGE AND INDEMNIFICATION
You are prohibited from making any unlawful use of this Site, and are informed and aware to the fact that in addition to these Terms & Conditions and any and all policies for usage of this Site, You may and are expected to be subjected to laws and regulations applicable in Your or any relevant jurisdiction, including any promulgations related to gambling, securities, taxation and/or anti-money laundering. The Company does not encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. In addition to any remedies that We may have at law or in equity, if We determine, in Our sole discretion, that You have violated or are likely to violate the foregoing prohibitions, We may take any action We deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials and/or User from this Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials. The user undertakes that any and all information provided by him is true, accurate, complete and up-to-date.
User undertakes to indemnify, defend and hold The Company harmless, as well as any and all of its subsidiaries, agents, employees and/or officers, against or from any liabilities, obligations, claims, debts, expenses etc., in any way connected with any misuse or abuse of the site, information or services provided or contained herein, including in particular (but not limited to) any breach of these Terms & Conditions and/or violation of any law whatsoever (including any violation or infringement of any third party rights) and/or any breach of any applicable third party Terms and Conditions.
Without derogating from the above, the Company shall have the right to charge the client for any fee, expense or costs incurred by the Company with respect to any chargeback request or other dispute with the Client.
All taxes, duties and government charges imposed or levied in connection with the use of the Website and the trading platform will be the sole responsibility of Client. The Company’s reserve the right, if ordered by an official entity, to deduct tax from the Client and deliver it to the proper tax authority as ordered by the official entity.
NO WARRANTIES EXPRESS OR IMPLIED; LIMITATION OF LIABILITY
THE USE THIS SITE AT YOUR OWN RISK. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
You hereby acknowledge that You have read all relevant documents supplied to You with this agreement, including (but not limited to) the Risk Disclosure and Risk Disclaimer Policy, and understood all risks involved, and You accept all terms of this Agreement.
The Company shall not incur any liability, in any way, or otherwise, bear any damages and/or expenses to any User or third party. The Company shall not be liable to denial of service on any grounds, whether general, personal or specific. The Company shall not be liable in any way for information, software, products and/or services provided by third parties.
Except as explicitly set herein and under specific conditions, We do not provide any advisory service.
Neither the Company nor any of its respective affiliates, subsidiaries, agents, employees, and officers warrants the accuracy or completeness of the information, materials or services provided on or through this Website. The information, materials, and services provided on or through this Website may be out of date, and neither the Company nor any of its respective affiliates makes any commitment or assumes any duty to verify, validate or update such information, materials or services. The Company and/or any or all of its subsidiaries, agents, employees and/or officers, does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, Your computer, telecommunication equipment, or other property caused by or arising from Your access to, use of, or browsing this Site, or Your downloading of any information or materials from this Site.
IN NO EVENT WILL THE COMPANY OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TOWARDS YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
The Company does not guarantee the availability of the trading platform, including service programs such as MAMM and PAM at all times, as these are provided by a third party, and may be unavailable at any time or 100% error-free. The Company will not be held responsible and shall in no way be liable for any loss caused to User resulting from the unavailability of the trading platform.
Trading by software, also known as algo-trading, is entirely under the responsibility and risk of the Client.
The Company does not guarantee that You will be able to access the Website at any time and location and it does not make any warranties with respect to the Web site content. Without limiting the foregoing, the Company will not be held responsible for an impossibility of executing trading orders, due to let-downs in the operation of informational systems due to technical faults, which are beyond its control.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IF YOU ARE A REGISTERED USER YOU MAY RECEIVE A RETURN OF FEES RECEIVED BY THE COMPANY WITHIN THE PREVIOUS MONTH WITH RESPECT TO SERVICES THAT WERE FULLY DENIED AS A RESULT OF AN ACT OR OMISSION BY THE COMPANY. ALL CLAIMS AGAINST THE COMPANY SHALL BECOME OBSOLETE WITHIN 12 MONTHS OF THE OCCURRENCE GIVING RISE TO THE CLAIM. IN THE EVENT OF ANY PROBLEM WITH THE INFORMATION, PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, ASIDE OF THE ABOVE SAID, IS FROM THE 3rd PARTY PROVIDER OF SUCH INFORMATION, PRODUCTS OR SERVICES.
REVISIONS TO THESE TERMS AND CONDITIONS:
The Company reserves the right to change these Terms & Conditions at any point without prior notice. You are therefore responsible for regularly reviewing these terms and conditions. Continued use of this site following any such changes shall constitute your acceptance of such changes.
Whilst We will endeavour to comply with Our obligations in a timely manner We will incur no liability whatsoever for any partial or non-performance of Our obligations by reason of any cause beyond Our reasonable control including but not limited to any communications, systems or computer failure, market default, suspension, failure or closure, or the imposition or change (including a change of interpretation) of any law or governmental or regulatory requirement and We shall not be held liable for any loss You may incur as a result thereof.
We may suspend and/or terminate Your account or Your use of this Site at any time, for any reason or for no reason. Except for the withdrawal of accumulated funds, You will not be entitled to any remedy for discontinuing the services, all subject to Our Withdrawal and Deposit policy and applicable laws and regulations. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.
Either party may terminate this Agreement by giving ten days written notice of termination to the other, without stating any cause. Upon terminating notice of this Agreement, Client shall be under the obligation to close all open positions; otherwise, the Company may close the all open positions without assuming any responsibility or liability to the outcome of such forced closure of positions.
Upon termination, all amounts payable by the Either Party to the other Party will become immediately due. Termination shall not affect any outstanding rights and obligations according to the applicable law and the provisions of this this Agreement.
Should any provision herein be deemed void or invalid by any court of law having proper jurisdiction, such provision shall be severed, and shall not in any way vitiate or detract from the effect and/or validity of any or all remaining provisions herein.
CHOICE OF LAW; JURISDICTION:
These Terms & Conditions supersede any other agreement between You and The Company to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms & Conditions will be governed by and construed in accordance with the laws of the Vincent and the Grenadines, without giving effect to any principles of conflicts of laws. A printed version of these Terms & Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms and Conditions, as Well as any dispute arising therefrom or in connection therewith, shall be brought before the courts of law the Vincent and the Grenadines which shall have exclusive jurisdiction over the same. The Company may open legal procedures against the Company to collect any debt or to protect its propriety rights or the tights of other clients.
OUR COMMITMENT TO SECURITY AND PRIVACY:
ASSIGNMENT TO THIRD PARTIES:
The Company is fully entitled to assign, grant, transfer or sublicense any and all of its rights provided for herein, including any rights with regards to information or data, wholly or in part, to any third party whatsoever, all in accordance with the Company’s regulatory obligation under which it operates.
The Company’s acquiescence to any breach of these Terms and/or failure to exercise any right provided for herein shall be without prejudice to The Company’s legal rights and remedies, and shall not be held to preclude and/or debar it from exercising or seeking any of the same.
A Dormancy/Inactive account fee of $85 is assessed to all accounts that are coded dormant/inactive. An account is considered dormant/inactive if it has had no trading activity for a period of one 30 calendar days.
The Inactive account fee is assessed monthly until the account is reactivated or remitted to the appropriate state as closed. To avoid an Inactive account fee you would need to complete at least one trade each 30 calendar days.
If an Account belongs to multiple users or to a corporation, company, partnership or any other corporate body, all beneficiaries or signatories will be required to approve a withdrawal. In case of other orders, such as trading orders, each of the entities in the account shall be authorized to place orders. In case of contradiction between orders given by different entities, the last order received by the Company will prevail.
If You do not understand any of the foregoing Terms & Conditions or if You have any questions or comments, feel free to contact the Company at any time.
HOW TO CONTACT US:
Should You have other questions or concerns, please contact us anytime, by phone at + +447403236628 or by email at firstname.lastname@example.org