Terms and Condition - Optimal Capital Market

GENERAL TERMS & CONDITIONS

Effective from 14.02.2020 until Further Notice

CUSTOMER AGREEMENT

This is a legal contract between Optimal Capital Market Limited, herein after known as ("Optimal Capital Market", “us” or “we”) its successors and assigns, and the party/parties (the "Customer", “client” or “you”) executing this document. This document, together with our Risk Disclosure Statement, Trading Conditions and Charges and Privacy Statement, represents the terms with which Optimal Capital Market will do business with Customer. This document sets out the respective rights and obligations of both parties in connection with this service and both parties will accept and be bound by these terms on acceptance of the terms contained herein and on completion of the application form by Customer.

In connection with opening an account with Optimal Capital Market to speculate in, and/or purchase, and/or invest Cryptocurrency, Contracts for Differences (hereinafter referred to as “CFDs”), Options (hereinafter referred to as “Options”) and Spread Betting, in commodities, metals, Forex and indices, and the receipt of such other services and products as Optimal Capital Market may, in its sole discretion, determine to offer from time to time in the future, Customer acknowledges that it has been advised and understands the following factors concerning trading in the over the counter market (“OTC”) and/or Spread Betting market, in addition to those contained in the Risk Disclosure Statement which has been provided to Customer. We trade contracts for differences (“CFD”) transactions in OTC.

In consideration of Optimal Capital Market agreeing to provide services to “Customer”, “client” or “you” in connection with the purchase of Cryptocurrencies, CFDs, Options and Spread Betting in commodities, Forex, metals and indices and the receipt of such other services and products as Optimal Capital Market may, in its sole discretion, determine to offer from time to time in the future and which may be purchased or sold by or through Optimal Capital Marketfor

Optimal Capital Market for Customer’s accounts(s), Customer agrees that the following rights and obligations will govern the relationship between Optimal Capital Market and Customer.

IMPORTANT NOTICES

OTC trading means that trading does not take place on a regulated exchange. There are no guarantees as to the credit worthiness of the counter party of your Cryptocurrency, CFDs, Options and Spread Betting position. Also, there may be certain cases in which trading liquidity decreases, causing Cryptocurrency, CFDs, Options and Spread Betting in commodities, Forex, metals and indices to cease, thereby preventing the liquidation of an adverse position which may result in a substantial financial loss.

Optimal Capital Market helps to provide investment advice. The market recommendations, signals, information provided by and/or distributed by Optimal Capital Market are general in nature and based solely on the judgment of Optimal Capital Market personnel or from third party information providers. These market recommendations may or may not be consistent with the market position or intentions of Optimal Capital Market , its affiliates, and/or employees. The market recommendations and information provided by Optimal Capital Market are based upon information.

GENERAL TERMS & CONDITIONS

We are reliable, Optimal Capital Market does guarantee the accuracy, completeness thereof or represent that following such recommendations will eliminate the risk inherent in trading Cryptocurrency, CFDs, Options and Spread Betting. Any market recommendations of, or information provided by, Optimal Capital Market does not constitute an offer to buy or sell, or the solicitation of an offer to buy or sell, any OTC transaction. Customer understands and hereby agrees that Customer is capable of, and solely responsible for, assessing the merits and risks of any trade it may enter into with Optimal Capital Market. Customer understands that Optimal Capital Market does not permit its Customer representatives to either exercise discretion or manage an OTC account. If Customer’s account is not being traded with Customer’s authorisation, Customer must notify Optimal Capital Market immediately.

Optimal Capital Market's margin policies and/or the policies of those banks/clearing houses through which trades are executed may require that additional funds be provided to properly margin Customer’s account and Customer is obligated to immediately meet such margin requirements. Failure to meet margin calls may result in the liquidation of any open positions with a resultant loss. Optimal Capital Market reserves the right to refuse to accept any order.

Customer understands that it must carefully review the reports relating to Customer’s trading posted online by Optimal Capital Market . All reports of execution and statements of accounts will be deemed final unless customer objects within two business days of being posted. Objections may be made initially by email or by telephone, but must be confirmed thereafter in writing.

Customer understands that Optimal Capital Market may establish rules and provisions for client accounts, including but not limited to minimum account size, investment time period, commissions and fees, leverage size per instrument, mark ups, rules relating to stop losses and limits, rules relating to rollovers, rules relating to margin calls, or any other financial arrangement, and that such rules and provisions may be changed by Optimal Capital Market from time to time.

Customer has read and understands the Customer’s obligations and rights under this Customer Agreement and agrees and acknowledges that this Customer Agreement, the Risk Disclosure Statement and the Privacy Statement will comprise the terms of the Customer’s relationship with Optimal Capital Market. The Customer agrees that Customer is fully responsible for making all decisions as to transactions effected for Customer’s account. Customer has considered the foregoing factors and in view of Customer’s present and anticipated financial resources, Customer is willing and able to assume the substantial financial risks of OTC trading.

IT IS THE CUSTOMER’S RESPONSIBILITY TO FIND OUT ALL NECESSARY INFORMATION ABOUT TRADING IN CRYPTOCURRENCY, CFDs, OPTIONS AND SREAD BETTING AND Optimal Capital Market TERMS AND CONDITIONS AND MAKE SURE THAT ALL RISKS AND ARRANGEMENTS ARE DISCUSSED AND CLEARLY UNDERSTOOD PRIOR TO ANY TRADING ACTIVITY.

1. TERMS AND HEADINGS

1.1 “Optimal Capital Market” shall, where the context so permits or requires, be deemed to mean Optimal capital market, its subsidiaries and affiliates and their successors and assigns;

1.2 "Customer" shall mean the party (or parties) who have agreed to be bound by the terms of this Agreement

1.3 "Agreement" shall include this agreement and all other agreements and authorizations executed by Customer in connection with the maintenance of Customer’s account with Optimal Capital Market. 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.

2. INFORMATION ABOUT Optimal Capital Market

2.1 Optimal Capital Market , trading as “Optimal Capital Market”, is a member of the Optimal Capital Market Group. The Optimal Capital Market Group consists of:

- Optimal Capital Market Capital Markets Dubai.
- Optimal Capital Market Inc Kuwait.
- Optimal Capital Market Ltd HonKong.
- Optimal Capital Market Headquarters USA.

2.2 Optimal Capital Market Ltd is a registered financial services company in the British Virgin Islands and is fully licensed, authorized and regulated under the Financial Conduct Authority . The F.C.A Services Commission is the financial services Regulator responsible for authorising and licensing companies or persons to conduct financial services business.

3. CATEGORISATION

3.1 It is our policy to treat all of our clients as retail clients irrespective of the existence of any categorisations in the client’s country of residence.

4. COMMUNICATION

4.1 The principal method of communication between Optimal Capital Market and Customer will be electronically via WhatsApp and Emails

4.2 Information regarding orders placed and executed will be addressed personally to Customer through a customer specific account

4.3 However, certain information will be provided generally on our website, such as general market recommendations and Customer hereby consents to receiving information not addressed personally to customer in that form

4.4 Customer may also place orders via the phone with our dealing room. In the course of our dealings with you, you may place orders with us via our Business WhatsApp in the languages which is our client is comfortable with.

4.5 Where orders are placed by phone via the dealing room you may communicate with us in any one of the languages which are preferable

4.6 All written communications from us to you will be in the language you prefer

5. MARGINS AND DEPOSIT REQUIREMENTS

5.1 Customer shall provide to and maintain with Optimal Capital Market margin in such amounts and in such forms as Optimal Capital Market, in its sole discretion, may require.

5.2 Such margin requirements may be greater or less than margins required by other banks or brokers with which trades are executed.

5.3 Optimal Capital Market may change margin requirements at any time.

5.4 Customer agrees to deposit any of the selected wallets, it is the only payment method acceptable to Optimal Capital Market, any additional margin when and as required by Optimal Capital Market and will promptly meet all margin calls in such mode of transmission as Optimal Capital Market in its sole discretion designates

5.5 Optimal Capital Market may at any time proceed to liquidate Customer’s account and any failure by Optimal Capital Market to enforce its rights hereunder shall not be deemed a waiver by Optimal Capital Market to enforce its rights thereafter.

5.6 Optimal Capital Market retains the right to limit the amount and/or total number of open positions which Customer may acquire or maintain at Optimal Capital Market, and to increase margin requirements in advance of earnings or other news or events, with or without notice, either before such events or retroactively or at any other time that it deems at its sole discretion

5.7 Orders must be placed allowing sufficient time to execute and to calculate margin requirements

5.8 Interests deriving from a transaction shall be added to Customer's portfolio balance as additional margin, as long as the trade is open, and upon the closing of the trade, as an addition to the available balance for withdrawal

5.9 Optimal Capital Market bears losses deriving from every trade.

6. BONUSES

6.1 Optimal Capital Market may elect to grant a benefit to Customer by depositing bonus amounts in Customer's account, subject to certain terms and conditions as shall be determined by Optimal Capital Market , at its sole discretion. Such bonus amounts may not be withdrawn by Customer, unless Customer complies with the applicable requirements posted on Optimal Capital Market website as may be amended from time to time or as communicated to Customer.

6.2 If Optimal Capital Market suspects or has reason to believe that Customer has attempted fraudulent activity in order to claim a bonus, or any other promotion, Optimal Capital Market reserves the right to:

(i) Cancel or reject the bonus promotion, and any related Trading Agent bonus, at its sole discretion
(ii) To terminate Customer’s access to services provided by Optimal Capital Market and/or terminate the contract between Optimal Capital Market and the Customer for the provision of services,
(iii) To block Customer's Account(s) and to arrange for the transfer of any unused balance to Customer.

6.3 If Optimal Capital Market suspects or has reason to believe that Customer has abused the terms and conditions of a bonus offer by hedging positions internally (using other trading accounts held with Optimal Capital Market) or externally (using other trading accounts held with other brokers), Optimal Capital Market reserves the right to cancel bonuses, and any trades or profits associated with Customer’s account(s).

6.4 Bonus promotions may be restricted in certain jurisdictions.

6.5 Optimal Capital Market reserves the right to cancel or reject bonus promotions at its sole discretion.

7. CUSTOMER ASSETS

7.1 Interest is payable by Optimal Capital Market on client funds deposited by Customer.

7.2 All funds, securities, currencies, and other property of Customer which Optimal Capital Market or its affiliates may at any time be carrying for Customer (either individually, jointly with others, or as a guarantor of the account of any other person,) or which may at any time be in its possession or control or carried on its books for any purpose, including safekeeping, are to be held by Optimal Capital Market as security and subject to a general lien and right of set-off for liabilities of Customer to Optimal Capital Market whether or not Optimal Capital Market has made advances in connection with such securities, commodities, currencies or other property, and irrespective of the number of accounts Customer may have with Optimal Capital Market.

7.3 Optimal Capital Market may in its discretion, at any time and from time to time, without notice to Customer, apply and/or transfer any or all funds of Customer between any of Customer’s accounts.

7.4 Customer hereby also grants to Optimal Capital Market the right to pledge, re-pledge, hypothecate, invest or loan, either separately or with the property of other Customers, to itself as broker or to others, any securities or other property of Customer held by Optimal Capital Market as margin or security.

7.5 This authorization shall apply to all accounts carried by Optimal Capital Market for Customer and shall remain in full force until all accounts are fully paid for by Customer or notice of revocation is sent by Optimal Capital Market from its home office.

7.6 Any failure by Optimal Capital Market to enforce its rights hereunder shall not be deemed a future waiver of such rights by Optimal Capital Market .

7.7 Optimal Capital Market is irrevocably appointed as attorney in-fact for Customer and is authorized, without notice to Customer, to execute and deliver any documents, give any notice and to take any actions on behalf of Customer, including the execution, delivery and filing of financing statements, that Optimal Capital Market deems necessary

7.8 In the event that the collateral deemed acceptable to Optimal Capital Market is at any time insufficient to satisfy Customer’s indebtedness or other obligations to Optimal Capital Market, including obligations to provide margin hereunder, Customer shall promptly pay upon demand the entire amount of such deficit.

7.9 Default of Credit Institution and Monitoring:

7.9.1 In the event of default of one of our appointed credit institutions, Optimal Capital Market does not accept responsibility and is not subject to any liability arising from losses to clients arising from such a default.
7.9.2 However, we conduct appropriate and continuing risk assessment of our appointed credit institutions in order to ensure that our appointed credit institutions are safe repositories.
7.9.3 We will supply the details of our appointed credit institutions on request to retail clients, including the names of those institutions and the client account details.
7.9.4 Where Customer does not wish Optimal Capital Market to deposit funds with a particular credit institution we will return such funds to Customer as soon as possible.
7.9.5 Customers investing on Optimal Capital Market platform agree to the transfer of full ownership of funds to Optimal Capital Market for the purpose of securing or otherwise covering a required margin and as such the required margin will no longer be treated as belonging to the Customer. Optimal Capital Market will deposit the required margin as collateral with its liquidity provider(s). These funds will not be registered in the customer’s name. Funds deposited by the Customer in excess of the required margin will be treated as client funds in accordance with the Client Asset.

8. CONFLICTS OF INTEREST

8.1 Optimal Capital Market is required to maintain and operate effective organisational and administrative controls to take all reasonable steps to identify, manage, disclose and record conflicts of interest. In order to achieve this Optimalequity Markets has established and implemented a Conflicts of Interest policy.

8.2 Where arrangements made by Optimal Capital Market to manage conflicts of interest are insufficient to ensure, with reasonable confidence, that risks of damage to client interests will be prevented, Optimal Capital Market shall clearly disclose to the client the general nature and the sources of the conflicts of interest before undertaking business on the client’s behalf.

9. COMPLAINTS

9.1 In the event that you have any query and/or concern and/or issue and/or problem and/or reason to feel dissatisfied with any aspect of our service, in the first instance you should contact our customer services team, as the vast majority of issues can be dealt with at this level.

9.2 If our customer services team is unable to resolve the matter or you feel that our service has not met your expectations and you wish to raise this issue as a formal complaint, you must complete a Complaint Form, which will be sent to you through email. The completed Complaint Form accompanied by adequate supporting evidence (as necessary) must be submitted to support@optimalcapitalmarket.com to be recorded as a formal complaint.

9.3 We will provide you with a regular written update on the progress of the investigation of the complaint at intervals of not greater than 20 business days;

9.4 We will attempt to investigate and resolve the complaint within 40 business days of having received the complaint;

9.5 Where the 40 business days have elapsed and the complaint is not resolved, we will inform you of the anticipated time frame within which we hope to resolve the complaint.

9.6 Once an investigation of the complaint is completed, a Final Response shall be issued to the Client with the investigation’s outcome(s) together with any required explanations and any remedy measures the Company intends to take.

9.7 A Complaint will be deemed as resolved or settled where the Company has sent in writing a Final Response to the Client.

10. LIQUIDATION OF ACCOUNTS AND PAYMENT OF DEFICIT BALANCES

10.1 In the event of (a) the death or judicial declaration of incompetence of Customer; (b) the 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; (c) the filing of an attachment against any of Customer’s accounts carried by Optimal Capital Market, (d) insufficient margin, or Optimal Capital Market’s determination that any collateral deposited to protect one or more accounts of Customer is inadequate, regardless of current market quotations, to secure the account; (e) Customer’s failure to provide us with any information requested pursuant to this agreement or any applicable law; or (f) any abuse of trading practices, manipulations and/or fraud by Customer or any other person authorized to use the account; or (g) any other circumstances or developments that we deem appropriate for its protection, and in Optimal Capital Market’s sole discretion, it may take one or more, or any portion of, the following actions:

(i) Satisfy any obligation Customer may have to us, either directly or by way of guaranty of suretyship, out of any of Customer’s funds or property in Optimal Capital Market’s custody or control;
(ii) Sell any or purchase any or all Currency contracts, securities held or carried for Customer; and
(iii) Cancel any or all outstanding orders or contracts, or any other commitments made on behalf of Customer.

10.2 Any of the above actions may be taken without demand for margin or additional margin, without prior notice of sale or purchase or other notice to Customer, Customer’s personal representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be solely Customer’s or held jointly with others.

10.3 Prior demand or notice of sale or purchase shall not be considered a waiver of Optimal Capital Market’s right to sell or buy at any time in the future without demand or notice as provided above.

10.4 In liquidation of Customer’s long or short positions, Optimal Capital Market may, in its sole discretion, offset in the same settlement or it may initiate new long or short positions in order to establish a hedge which in AvaTrade’s sole judgment may be advisable to protect or reduce existing positions in Customer’s account.

10.5 Any sales or purchases hereunder may be made according to Optimal Capital Market’s judgment and at its discretion with any interbank or other exchange market where such business is then usually transacted or at a public auction or private sale, and Optimal Capital Market may purchase the whole or any part thereof free from any right of redemption.

10.6 For Customer's protection, Equity or Net Liquidation Value of the Customer's trading account drops below the Minimum Margin Requirement, all of Customer's open transactions shall be automatically closed, whether at a loss or a profit.

10.6.1 For the Bronze package, the Minimum Margin Requirement is equal to 10% of the Required Margin.
10.6.2 For the Platinum package, the Minimum Margin Requirement is equal to 60% of Required Margin.

10.7 If the amount in Customer's investment account is less than zero, Customer shall promptly notify Optimal Capital Market and Optimal Capital Market shall nullify the account.

10.8 Neither Optimal Capital Market nor any of its subsidiaries, affiliates or agents shall be responsible for any loss or damage caused due to closing of positions in accordance with the above.

10.9 Customer shall at all times be liable for the payment of any deficit balance of Customer upon demand by Optimal Capital Market and in all cases, Customer shall be liable for any deficiency remaining in Customer’s account(s) in the event of the liquidation thereof in whole or in part by Optimal Capital Market or by Customer.

10.10 In the event the proceeds realized pursuant to this authorization are insufficient for the payment of all liabilities of Customer due to Optimal Capital Market, Customer shall promptly pay upon demand, the deficit and all unpaid liabilities, together with interest thereon equal to three (3) percentage points above the then prevailing prime rate at Optimal Capital Market’s principal bank or the maximum interest rate allowed by law, whichever is lower, and all costs of collection.

10.11 In the event Optimal Capital Market collects deficits, with respect to any of the account(s) of Customer, Customer agrees to pay such.

11. ACCOUNT UPGRADE PROCEDURES - IDENTIFICATION

11.1 Customer acknowledges that applicable laws require financial institutions to obtain, verify, and record information identifying each person who opens an account.

11.2 Customer further acknowledges that Optimal Capital Market makes efforts to prevent fraud and to confirm Customer's identity

11.3 Accordingly, Customer has provided Optimal Capital Market, or shall provide Optimal Capital Market promptly following the opening of the investment account, with certain identifying information and documents as shall be requested by Optimalequity Markets, including a copy of Customer's ID, a copy of Customer's utility bill (e.g., phone bill, property tax bill).

11.4 Customer confirms that Customer has provided true, accurate, current and complete information during the registration process, and that Customer has not impersonated any person or entity, or misrepresented any affiliation with another person, entity or association, used false headers or otherwise concealed Customer's identity from Optimal Capital Market for any purpose.

12. WITHDRAWAL AND DEPOSIT

12.1 Customer further acknowledges and accepts Optimal Capital Market’s procedures with respect to withdrawals and deposits to accounts as set forth below:

(i) Withdrawal orders: The provision of documentation as may be required from time to time by Anti Money Laundering regulations, credit card companies and Optimal Capital Market, is a prerequisite, prior to the execution of a withdrawal order.
(ii) Optimal Capital Market will make all reasonable efforts to process Withdrawals each business day, in accordance with the Deposit and Withdrawal Schedule on the Optimal Capital Market website, but you accept and agree that Optimalequity Markets provides no guarantee in relation to the Withdrawal processing period
(iii) Due to legal and operational constraints, you must strictly adhere to Deposit requirement of Optimal Capital Market you may only make a Deposit from a Bitcoin or Ethereum wallet (other Deposit Methods are supported)they must be held in your own name. You must not allow any third party to make a Deposit into your Optimal Capital Market Wallet, To permit timely and successful allocation of a Deposit to your Optimal Capital Market Wallet
(iv) Withdrawals to the bank account of any third party are expressly prohibited. You agree not to make, or attempt to make, any Withdrawal of funds from your Optimal Capital Market Wallet to the bank account of a third party and accept that any such Withdrawal may be refused and/or result in the restriction, suspension or termination of your Optimal Capital Market Account.
(v) When depositing by a Bank Transfer, as required by anti-money-laundering regulations, Customer is required to use a bank account, which is in Customer's country of residence and in Customer's name. Any withdrawal of funds, from Customer's Optimal Capital Market wallet to a bank account, can only be refunded to the same bank account that the funds were originally received from
(vi) Alternative payment methods (internet payment vendors; money transfer services; etc.): when depositing funds using a facility other than Bitcoins and Ethereum, you agree to, and acknowledge being bound by, the regulations and rules of such service, including, but not limited to, fees and other restrictions.

13. STATEMENTS

13.1 Customer hereby consents to receive account statements and trade confirmations online.

13.2 Optimal Capital Market will provide customer with password-protected access to online reports.

13.3 Customer will be able to generate Monthly and Annual account statements detailing transaction activity, profit and loss statements, open positions, margin balances, account credits and debits, etc.

13.4 Hard copies of Monthly customer statements are available upon request only and may incur an additional charge

13.5 Statements are deemed received when made available to customer by Optimal Capital Market, regardless of whether the customer actually accessed the statement.

13.6 Customer is responsible for alerting Optimal Capital Market to any change in their e-mail address.

13.7 This consent shall be effective until revoked by customer in writing and received by Optimal Capital Market according to the customer agreement.

14. CONSENT TO ELECTRONIC SIGNATURE

14.1 By electronically signing Optimal Capital Market's account agreement and related documents, Customer acknowledges receipt of the customer account letter, customer agreement and other documents contained as part of Optimal Capital Market's electronic account package and Customer agrees to be bound by their terms and conditions.

14.2 In addition, by signing Optimal Capital Market’s account agreement and related documents, Customer is consenting to Optimal Capital Market maintaining and Customer receiving electronic records of Customer's investments on accounts.

15. WAIVER AND AMENDMENT

15.1 Customer understands, acknowledges and agrees that Optimal Capital Market may amend or change this Agreement at any time.

15.2 Optimal Capital Market will provide notice to Customer of any such amendment or change by posting the amendment or change on Optimal Capital Market's website or by sending an e-mail message to Customer at least 7 days before it takes effect.

15.3 Customer agrees to be bound by the terms of such amendment or change on that date.

15.4 No waiver or amendment of this Agreement may be implied from any course of dealing between the parties or from any failure by Optimal Capital Market or failure of Optimal Capital Market's agents to assert its rights under this Agreement on any occasion or series of occasions.

15.5 No oral agreements or instructions to the contrary shall be recognized or enforceable.

16. ENTIRE AGREEMENT

16.1 This Agreement together with all references to Optimal Capital Market’s policies and procedures made in this Agreement, and together with the Risk Disclosure Statement, Trading Conditions and Privacy Statement embodies the entire agreement between Optimal Capital Market and the Customer, superseding any and all prior written and oral agreements.

17. ASSIGNMENT

17.1 Customer may not assign or transfer any of its rights or obligations under this Agreement to a third party without the prior written consent of Optimal Capital Market. Any attempted assignment or transfer in violation of the foregoing will be void. Optimal Capital Market may freely assign this Agreement.

18. GOVERNING LAW AND JURISDICTION

18.1 This Agreement, the rights and obligations of the parties hereto, and any judicial or administrative action or proceeding arising directly or indirectly hereunder or in connection with the transactions contemplated hereby shall be governed by, construed and enforced in all respects in accordance with the laws of England and Optimal Capital Market and the customer hereby irrevocably submit to the non- exclusive jurisdiction of the English Courts.

19. BINDING EFFECT

19.1 This Agreement shall be continuous and shall cover, individually and collectively, all accounts of Customer at any time opened or reopened with Optimal Capital Market irrespective of any change or changes at any time in the personnel of Optimal Capital Market or its successors, assigns, subsidiaries, affiliates or agents.

19.2 This Agreement including all authorizations, shall inure to the benefit of Optimal Capital Market and its subsidiaries, affiliates, agents, 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.

19.3 Customer hereby ratifies all transactions with Optimal Capital Market effected prior to the date of this Agreement, and agrees that the rights and obligations of Customer rights and obligations of Customer in respect thereto shall be governed by the terms of this Agreement.

CUSTOMER ACKNOWLEDGES HAVING RECEIVED, READ AND UNDERSTOOD THE FOREGOING CUSTOMER AGREEMENT AND HEREBY AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREOF.