Trade Responsibly: Contracts for Difference (‘CFDs’) are derivative financial products that are traded on margin (‘Leveraged Products’). Trading on margin carries a significant level of risk since leverage can magnify your profits as well as your losses. Thus, Leveraged Products may not be suitable for you as you may lose all your invested capital. You should not risk more than you are prepared to lose. If you are unsure about trading, you may wish to seek independent advice first. Please read carefully our ‘Risk Disclosure Notice’ for further details on the risks of trading Leveraged Products.
1.1. This Client Agreement (the ‘Agreement’), including the Schedules as amended from time to time, is the document which governs the relationship between you (also referred to as ‘Client’, ‘your’ and ‘yourself’, as appropriate) and STB Provider LTD (also referred to as ‘STB Provider’, ‘we’, ‘us’, ‘our’ and ‘ourselves’, as appropriate) concerning the services we provide and your activity with us.
1.2. STB Provider LTD is a private limited company registered at Ground Floor, The Sotheby Building, Rodney Village, Rodney Bay, Gros Islet, Saint Lucia, with license number 2023-00478.
1.3. For your benefit and protection, please ensure you take sufficient time to read the Agreement as well as any other additional documentation and information available to you via our Website prior to opening an account and/or carrying out any activity with us. You should contact us for any further clarification or seek independent professional advice (if necessary).
2.1. By accepting these terms, you enter into a legally binding agreement with us. You acknowledge that you have read and understood the terms of the Agreement.
2.2. A glossary of any capitalised terms can be found on Schedule A to this Agreement.
2.3. The Agreement includes, in addition to any Schedules and the information completed by you through the Website (the ‘Account Opening Application Form’), any information provided to you during the registration procedure.
2.4. Please note that there are other documents and information available on our Website, which do form part of the Agreement and provide more details on us and your activities carried on with us, such as:
There are additional documents and information available to you on our Website and through our trading platforms, which contain useful information but are not part of the Agreement. These include the following:
2.5. It is our intention that the Agreement contains all the terms and conditions that govern our relationship and your activities with us; that the Agreement overrides any other previous agreements, arrangements, expressed or implied statements made by us; and that any acts, omissions or representations (oral or otherwise) made by you or us, including any of our employees with whom you may have dealt, shall not amend or take priority over the Agreement.
3.1. The Agreement shall commence once we have informed you about your account being activated and your profile has been verified. This occurs once we have completed due diligence and satisfied our legal and regulatory requirements, including compliance with the Anti-Money Laundering Act. Please note that you may be unable to withdraw your funds until you have completed a certain amount of trades depending on your capital.
3.2. You have the right to cancel the Agreement and close your account by giving us notice in writing within the first fourteen (14) days of your account being activated. We will return to you any amount you have transferred to us, subject to you not having open trades via our platform(s).
3.3. Where the Agreement has not been cancelled, it will continue to be in effect until its termination, in accordance with the provisions contained in the ‘Termination’ section of this document.
4.1. We offer you access to trading various instruments in the form of CFDs (Contracts For Differences), also known as ‘Leveraged Products’, on an execution-only basis. For a detailed description of the instruments we offer and their contract specifications, please visit the STB Provider LTD Website.
4.2. We act as a principal at all times, serving as the counterparty to all Client trades.
4.3. Payment processing services for purchases made on this website may be facilitated by an Affiliate Entity of STB Provider LTD. If you choose to pay with a card, the payment will be processed by an acquirer, and the merchant on record may be an Affiliate Entity of STB Provider LTD.
4.4. We do not offer investment, financial, legal, tax, or regulatory advice. You are responsible for assessing any transaction before entering into a trade and should not rely on any opinion, material, or analysis provided by us, our affiliates, employees, or other related parties as advice or recommendation. If unsure, seek independent advice before proceeding with this Agreement.
4.5. We do not provide investment research, and any material containing market analysis is considered marketing communication and should not be interpreted as advice, recommendation, or research.
4.6. STB Provider LTD may offer PAMM, MAMM, and Copy Trading Services to clients, enabling them to replicate the trades of selected Clients. These services do not constitute discretionary portfolio management or investment advice from STB Provider LTD. You are solely responsible for your investment decisions and should not rely solely on the performance of copied traders. You must assess traders before copying them. Copy Trading is provided as an execution-only service, and we do not provide guarantees or warranties regarding its performance.
4.7. To provide Copy Trading Services, STB Provider LTD may use third-party Software. Refer to clause 7.3 for relevant information about the Software.
4.8. CFDs are derivative products, and you do not have ownership rights to any underlying instrument. Physical delivery of any underlying asset does not occur.
4.9. You can trade CFDs on various financial instruments during our normal trading hours, specified for each instrument on the STB Provider LTD Website. Review these specifications before trading. You will be notified of any STB Provider LTD holidays through the internal e-mailing system or other means, such as the STB Provider LTD Website.
4.10. We provide services in accordance with our policies and procedures, ensuring compliance with legal requirements. We may refuse services where justified by law or where there is evidence of misuse or inappropriate behavior. Refer to the ‘Order Execution Policy’ for further details on service limitations.
legal requirements. There can be instances where we will not be able to provide you with a reason for refusing the provision of our services; for instance, where doing so would constitute breaking the law. Examples of when we will not provide services (or cease providing services) to you include instances (i) where we reasonably believe that you are abusing any of our offerings (e.g., where you are involved in latency abuse, insider trading or abusing Negative Balance Protection), (ii) where there is a legal justification for doing so, or (iii) where you have been using inappropriate/defamatory language towards our staff. In addition, we will not provide services where STB Provider internal risk limits no longer permit the acceptance of any further orders on specific instrument(s), except for closing already open trades/positions; please refer to the ‘Order Execution Policy’ for further details.
5. OPENING AN ACCOUNT
5.1. Upon receiving your ‘Account Opening Application Form’, we will utilize the provided information to conduct necessary inquiries as deemed appropriate to fulfill our legal obligations. This may involve verifying your identity information, obtaining references from third-party databases, financial institutions, or your employer. At times, we may conduct additional searches with third-party information providers and databases, including credit searches, either on a sample basis or when further searches are warranted to meet legal or regulatory requirements. Please note that such inquiries can occur at any stage of our relationship, and your cooperation is expected. Failure to assist us may result in the termination of our relationship in accordance with the terms of the Agreement.
5.2. You are responsible for ensuring the accuracy of the information provided to us. We will rely on the information you furnish us, both during the onboarding process in the ‘Account Opening Application Form’ and throughout our relationship, unless we have reason to believe it is inaccurate. Any changes to the information provided must be communicated to us in writing.
5.3. Based on the information provided and in accordance with evolving regulations, we will assess whether you possess sufficient knowledge and/or experience to comprehend the risks associated with trading Leveraged Products. Account acceptance will be contingent upon the outcome of this assessment.
5.4. Upon receipt of your account opening application, we will notify you via email and furnish you with details to access your trading account, including your account number and password (the ‘Access Codes’). Your application will undergo review, and if we are satisfied with the information/documentation provided, we will accept you as a Client and activate your account.
6. STB PROVIDER PLATFORMS
6.1. Upon activation of your account, you will gain access to:
a) Download and install (where applicable) the trading platforms (the ‘Software’), or utilize the web-based version of the Software (where available), ensuring accessibility and functionality.
b) Log in to the Software and STB Provider Direct using your Access Codes, where you can access your Wallet. You are responsible for managing or updating your password at all times. It is also imperative to maintain the confidentiality of any correspondence from us regarding your Access Codes.
6.2. You are responsible for ensuring uninterrupted access to our Software whenever needed and during available times. This includes ensuring a reliable internet connection and maintaining the devices used for access.
6.3. The Software, which may be developed by a third party, is provided ‘as is’. While we endeavor to ensure that the Software supports data security protocols compatible with ours, we cannot guarantee its freedom from errors or deficiencies.
6.4. We will make reasonable efforts to keep the Software and related systems up to date. Maintenance activities, including server shutdowns, restarts, or refreshes, may be performed by us and/or relevant third parties as necessary to ensure effective operation. However, we bear no responsibility for any losses, including financial loss or missed opportunities, resulting from maintenance or actions taken by STB Provider or third-party software providers.
6.5. We will strive to maintain availability of the Software and related systems. In cases where continuous availability cannot be guaranteed, we will make reasonable efforts to provide prior notice. However, instances such as failures or errors, suspension of service due to maintenance, repairs, updates, or other issues beyond our control, may impact availability. STB Provider will endeavor to conduct such activities outside normal trading hours.
6.6. While we aim to maintain Software operation, we cannot accept responsibility for the means (including computer equipment) used by you to access the Software, nor can we guarantee its continued availability
7. SECURITY, AUTHENTICITY AND ACCESS
7.1. We will only accept instructions from you and/or your Authorized Representative pursuant to a duly signed ‘Power of Attorney’. Where you appoint an Authorized Representative, they shall not be considered a Client of ours. However, we will consider any instructions from an Authorized Representative as coming directly from you, and we may act upon such instructions without the need to confirm their authenticity or validity.
7.2. In addition to anything else specified above, we may rely on any instructions coming from any person in possession of your Access Codes as if these instructions were coming from yourself, without us making any further inquiry.
7.3. It is your responsibility to keep your Access Codes confidential and not to reveal them to any person, whether intentionally or unintentionally. We cannot control how you treat your Access Codes and you are responsible for ensuring that no third-party obtains any unauthorized or other access. We will not be liable for any access by any person, other than you, whether authorized or not by you, unless this has occurred due to gross negligence from our part.
7.4. You are responsible for keeping any information regarding your dealings with us, private and confidential. We will bear no responsibility in the event that any person attains unauthorized access to any information regarding your dealings with us, where that information is:
a) held by you and/or any Authorized Representative (where applicable);
b) being transmitted via electronic or any other means, by you and/or any Authorized Representative to us, STB Provider and/or any other party authorized by us;
c) being transmitted via electronic or any other means, by us to you and/or any Authorized Representative.
7.5. You must notify us as soon as possible if you become aware of your Access Codes or any other information regarding your dealings with us being used or becoming known by any person without your authorization. You accept that we are unable to identify any instances where a person, other than yourself or your Authorized Representative (where applicable), is accessing our Software with your credentials without your express consent.
7.6. We reserve the right to revoke your access and/or the access of any Authorized Representative to our Software at any time, where we deem necessary.
7.7. Where you have not carried out any activity and/or transactions for a period of time, as determined within reason by us, we reserve the right to carry out additional checks and/or request additional documentation from you before we allow you to resume any activity with us.
8. INSTRUCTIONS AND ORDERS
8.1. We will only accept instructions transmitted via the means approved by us, including, but not limited to STB Provider, the email address you used to activate your account (i.e., your registered email address), and under certain circumstances, as determined within reason by us, accept instructions via telephone, provided that we are satisfied of your identity and of the clarity of the instructions. We will accept orders transmitted via the Software. If, for any reason, you are unable to access the Software to transmit orders for the purposes of trading CFDs, you may transmit orders by contacting the Dealing Department. You understand that you should not communicate with any of our employees, contractors, or otherwise via any means which are not approved by us. For example, you should not communicate with any of our employees on his/her mobile phone or on any other personal account.
8.2. Where you have appointed an Authorized Representative to deal with us on your behalf, and you wish to cancel his/her appointment, you must notify us in writing immediately. Until we process the said notice, any instructions we may receive from the Authorized Representative shall (a) be deemed valid, and (b) shall fully commit you.
8.3. Essential information concerning the execution of any order (among other information) can be obtained through the Software, trading platforms, and/or STB Provider, where you will be able to download reports containing information including the execution and status of your orders, as well as review the current and historic state of your trades and Account(s). We might not provide you with statements of account in relation to the financial instruments traded through your Account(s) or the availability of your Client Money or any other detail in any other form other than what is stated above.
8.4. Except where the Software permits, all orders to trade on the financial instruments we offer are final and cannot be canceled or deleted, unless we expressly agree to such cancellation or deletion and/or unless otherwise provided in any of our legal documentation.
9. UNDERSTANDINGS OF BOTH PARTIES
9.1. We shall enter into transactions with you and conclude them in good faith.
9.2. You understand and accept that all your orders are executed over-the-counter (‘OTC’). This means that no order will be executed on a recognized exchange or organized trading facility. For more information, you should read the ‘Order Execution Policy’ as amended from time to time. By accepting the Agreement and placing any order with us, you expressly provide your prior express consent before proceeding to execute your orders outside a trading venue. This consent is hereby provided in the form of a general agreement and not in respect of individual transactions.
9.3. We shall take all reasonable and necessary steps to ensure compliance with the applicable rules and regulations. Therefore, you agree to be bound by any decision we may make in order to comply with any obligation of STB Provider.
9.4. Where we provide you via our STB Provider Website, the Software, and with any links to other websites and/or resources from third parties, these links are provided for information only. We have no control over the content, quality, or security of the information contained on those websites and/or resources, and therefore we cannot be made responsible for any losses that may arise from your use of these.
9.5. We take reasonable care in trying to ensure that any information and/or content, including third-party features on the STB Provider Website, the Software, and email communications from us is accurate and complete. However, some information may be provided ‘as is’ and on an ‘if available’ basis, and therefore we cannot give any warranties or representations (either expressed or implied), relating to the said features and any third-party information.
9.6. STB Provider reserves the right to amend the product specifications and conditions, as available from the STB Provider Website from time to time, when STB Provider deems necessary. You shall remain updated with regards to STB Provider’s product specifications and conditions, as well as any other information that may be of interest, and you shall take all necessary actions to safeguard your interest where you believe you may be affected in any way by any such amendments. You understand that you will continue to be bound by the Agreement in the event of any of these amendments taking place. However, nothing in this clause shall affect your right to terminate the Agreement, without any penalty whatsoever, subject to any existing obligations. You are reminded of the availability of instrument specifications via the trading platform of your choice.
9.7. Further to the clause above, you understand that STB Provider may remove any of the products offered and/or we may cease providing you with the ability to place an order at any time. Where we have ceased to provide any product and you have an existing open position in that product, it is your responsibility to cancel and/or close such a position during the time that we should allow you to do so, otherwise, we will close the position at the last available price for the relevant instrument. You also understand that any open positions on CFDs with an expiration date will be automatically closed at the end of the last trading day.
9.8. Margin Requirements for Clients
- Without detriment to any other rights of STB Provider under this Agreement, and without prior notice, we reserve the right to adjust margin requirements and consequently alter leverage ratios offered.
- Margin requirements may vary depending on the category of financial instruments traded.
- Clients are encouraged to regularly review the current margin requirements displayed on the Website.
9.9. You understand that for us to provide you with our services, we may enter into agreements with external service providers for any activity and/or operation we may conduct. This includes, but is not limited to, other subsidiaries of STB Provider Group Ltd.
9.10. Where your relationship with us is between one or more persons, for example, through a joint account or a legal entity, all obligations and liabilities under the Agreement shall be joint and several. Any communication, including but not limited to notices and orders shall be considered as delivered to all persons that together constitute the Client.
9.11. We reserve the right to reverse any transactions which we deem to be contrary to your interest or ours, for any reason.
9.12. Where you are in breach (or we have reasonable grounds to believe you may be in breach) of any term contained in the Agreement, we reserve the right to temporarily or permanently suspend your access to the Software, STB Provider Website, your Account(s), and/or terminate the Agreement, and/or take any other actions as we may see fit in the circumstances.
9.13. By becoming a Client, you do not obtain any rights to any intellectual property belonging to us. The STB Provider Website, the Software, any data, information, documentation, and/or creation shall be protected in accordance with the applicable laws and you shall have no right, neither at the time of entering into the Agreement nor at any point of time in the future. All rights whether expressed or implied, and whether existing now or in the future are reserved.
9.14. You shall not cause or permit any actions to be caused which might endanger or damage any intellectual property belonging to us.
9.15. You understand that you shall not copy, reproduce, duplicate, translate, assume ownership or otherwise of any rights belonging to STB Provider.
10. CONFLICTS OF INTEREST
10.1. A conflict of interest may arise when our interests compete, interfere, or appear to compete or interfere with your interests under the Agreement. You acknowledge and agree that such circumstances may occur, and in such instances, we will take our best efforts to mitigate them.
10.2. We will undertake all reasonable measures to identify and address any potential or actual conflicts of interest between:
a) Us and any Affiliate Entity or third party;
b) Us and you;
c) You and any other Client.
If any conflicts of interest cannot be effectively mitigated, we will disclose the general nature and sources of such conflicts.
11. YOUR MONEY
11.1. Your funds deposited with us shall be classified as ‘Client Money’. It's important to note that your funds cease to be considered as ‘Client Money’ when utilized as margin for opening positions.
11.2. Unless otherwise specified, we will place your funds in one or more segregated accounts at a regulated financial institution, either within or outside the control of STB Providers Group Ltd, but distinct from STB Providers’ own funds. This ensures that client funds are treated as belonging to our clients and are never used to meet any of our obligations under any circumstances. These funds will be pooled with those of other clients in a segregated account, acting as an omnibus account.
11.3. Generally, accounts held with financial institutions, including omnibus accounts, face various risks, including the possibility of being treated as one account in the event of default by the institution. STB Providers conducts daily reconciliation of all client money accounts to ensure accurate allocation of client funds.
11.4. Funds held in segregated accounts may be exposed to obligations of STB Providers associated with the positions of other clients.
11.5. We cannot be held liable for the solvency, actions, or omissions of any institution holding client funds, regardless of jurisdiction.
11.6. We do not provide interest on any client funds held on your behalf, irrespective of any interest we may receive on those deposits from financial institutions.
11.7. Regular reconciliation of funds is conducted, and necessary transfers to or from segregated accounts are processed on the next business day, unless unforeseen circumstances prevent this.
11.8. Any amounts corresponding to liabilities you owe us, including liabilities resulting from the misuse of negative balance protection, may be deducted directly from your Account(s) or Wallet balance.
11.9. You have the right to withdraw funds equivalent to the free Margin available in your Account(s) to your Wallet, subject to applicable restrictions and any limitations on such withdrawals. We reserve the right to reject withdrawal requests if we suspect abuse of our Negative Balance Protection Policy (‘NBP’).
11.10. Transfers become effective after our systems credit or debit the relevant Account(s). While we make efforts to ensure timely transfers, we cannot guarantee processing times and are not liable for any delays or losses resulting from incorrect or incomplete information provided by you.
11.11. Funds transferred to us for Account funding purposes will be deposited in your Wallet on the Value Date, net of any transfer fees or charges imposed by financial institutions or intermediaries. We may, at our discretion, credit funds still in transfer before the Value Date to your Wallet. We are not liable for delays beyond our control.
11.12. Before depositing funds into your Wallet, we verify, among other criteria, that the funds are from an account in your name and comply with this Agreement and applicable laws. Funds from third-party accounts will be rejected.
11.13. We may request additional information or documentation to verify the legitimacy of your transactions, including deposits and withdrawals. Delays may occur under such circumstances, and transactions may be rejected.
11.14. In instances where we reject an incoming transaction due to unsatisfactory verification, we reserve the right to return the funds to the sender, net of any transfer fees or charges incurred. We will deviate from this policy only if necessary, at our discretion.
11.15. Upon your initial successful deposit, we may credit your Account with a one-off discretionary bonus. This bonus is not considered Client Money and cannot be withdrawn but can be used to open positions, thereby increasing your available margin. Criteria for crediting this bonus are subject to change at our discretion.
11.16. Our policy ensures that withdrawals, in part or full, are sent to the same source as your deposits. If this is not possible, we return the funds as requested, net of any transfer fees or charges incurred by us.
11.17. We reserve the right to accept or decline funding and/or withdrawal requests based on your chosen payment method and may suggest alternatives. Details of accepted payment methods are available on our Website.
11.18. Funding requests are processed in compliance with applicable laws and regulations. Requests failing to meet legal obligations may not be processed, and we reserve the right to reverse transactions, net of any fees, charges, or deductions.
11.19. Requests regarding Account administration should be made via the STB Providers Website.
11.20. In the event of a transaction reversal, where we merge funds held in multiple Accounts, as described above.
11.21. We strive to keep you informed about the progress of funding and withdrawal requests, processing times, and any required documentation. However, we cannot guarantee processing times due to events beyond our control.
11.22. If you receive funds from us by mistake, you agree to hold such amounts in trust for STB Provider or the beneficial owner. Any use of mistakenly sent funds will result in a claim from us, together with any derived profits, on behalf of the beneficial owner.
11.23. Where required by law or rules, we may deduct or credit amounts from your Account(s). We make every effort to minimize deductions, ensuring they are necessary. This may include withholding part of the profit for tax purposes.
11.24. We reserve the right to set-off any liability under this Agreement, present or future, liquidated or unliquidated. Liabilities in different currencies may be converted at market exchange rates.
11.25. Netting-off any amount due from your Account(s) satisfies and discharges the obligation. Our rights are reserved on any unsatisfied obligations.
11.26. Accounts inactive for 12 months may lead to termination of the Agreement as per clause Positive balances, if contact attempts fail, will be transferred to a suspense account, treated as client money, and returned upon valid withdrawal requests, subject to applicable clauses. An account is deemed inactive if no transactions occur within six months.
12. COSTS AND CHARGES
12.1. Before engaging in any transactions with us via the Software, please ensure you have reviewed all applicable charges, including Spreads, Commissions, and Swaps, which are detailed on our Website. Should you require further clarification, it is your responsibility to seek it. Any relevant charges will be deducted from your Account(s) promptly.
12.2. Charges may not solely be monetary but may also be represented in other units such as spread, varying depending on the instrument and market conditions. Spread cost is measured in ‘pip’ value, which you can find across all our instruments on the STB Providers Website.
12.3. Charges applicable to your transactions with us may be adjusted periodically. Material changes in charges will be communicated to you in writing in advance, except in cases of unforeseen market circumstances, where notification may occur on or after the event. Up-to-date information on our charges can be found on the STB Providers Website.
12.4. If you are dissatisfied with any changes to our charges, you may contact our Customer Support Department or terminate the Agreement as provided herein.
12.5. Swaps involve crediting or debiting your Account based on prevailing interest rates of the currency pair held, conducted at 23:59 Server Time. Information on Swaps is available on our Website, and we update our rates as needed. You can also check Swaps and other details on your chosen trading platform.
12.6. Swaps are charged once for every business day from Mondays to Thursdays (Server Time). For Forex and Metals, triple charges are applied on Wednesdays to account for the weekend, and for other instruments, triple charges occur on Fridays.
12.7. Inactive Accounts for six (6) months may incur a one-off maintenance and administration fee of USD 10 (or currency equivalent), followed by a monthly inactivity fee of USD 10. The Inactivity Fee will continue monthly as long as the account remains inactive. If an inactive account balance falls below 10 USD (or currency equivalent), the Inactivity Fee equals the remaining balance.
12.8. Client obligations under this clause survive Agreement termination until STB Providers receives a valid withdrawal request from the Client or the Account balance reaches zero.
12.9. Certain payment methods may have transaction fees. Engaging in deposit and withdrawal activity without trading may result in fees for specific payment methods as deemed necessary by STB Providers. Details of these fees are available on the STB Providers Website.
13. CONFIDENTIALITY AND DATA PROTECTION
13.1. We, as the controller of your personal data, shall process your personal data during and after your relationship with us in accordance with the local Data Protection regulations, as amended from time to time.
13.2. By entering into the Agreement, you agree and acknowledge that we shall process your personal data including special categories of personal data (subject to your documented consent), which you provided to us upon registering for an Account and/or in the course of our business relationship.
13.3. We will process your personal data for the purposes of (i) providing our services to you, (ii) providing you with information about us and our services and improving our services from time to time, (iii) maintaining our IT systems, including our administrative and client management systems, (iv) complying with any requirement of law and/or regulation and/or of any competent authority or professional body (where applicable) of which we are a member.
13.4. We process your personal data for the purposes mentioned herein on the lawful basis that (i) you have given consent (where applicable); (ii) the processing is necessary for the performance of our contract and in order to take steps at your request prior to entering into our contract; (iii) the processing is necessary for compliance with a legal obligation to which we are subject; and (iv) the processing is necessary for the purposes of the legitimate interests pursued by us (subject to the relevant individual's fundamental rights and freedoms overriding such interests).
13.5. You have the right to request from us access to and rectification or erasure of personal data or restriction of processing concerning you or to object to processing and to withdraw your consent (where applicable) at any time by notifying us in writing as well as the right to data portability.
13.6. You acknowledge that we shall store your personal data (and records of your dealings with us) for as long as your Account is active and registered with us, we are providing the services to you and/or as required under applicable law.
13.7. We shall disclose your personal data to other STB Provider Group Ltd subsidiaries, marketing companies, business partners, IT service providers and other financial institutions such as payment services providers, banks and third-party introducers (relevant to you), for the purposes described above.
13.8. Further details of how we process personal data including inter-alia our lawful basis of processing personal data, rights of the data subject and principles and information in respect of transfers of personal data are specified in our Privacy Policy available on our Website.
13.9. If, during the course of our business relationship, there is a change in your personal data you must ensure that this data is updated and accurate by contacting us as soon as practically possible through STB Provider.
14. OUR COMMUNICATIONS WITH YOU
14.1. We will communicate with you about any notice, instruction, request, or any other communication via your registered e-mail, the Software, or telephone. Any communication from you to us shall be deemed effective on the date and time of reception by us. It is your responsibility to ensure you have read all and any communication we may send you from time to time, via any approved communication method.
14.2. Both prior and following the establishment of the business relationship, you consent and agree that our official language is the English language. The provision of any information, including marketing material, any translated version of the Agreement, and/or any other communication, in a language other than our official language, is provided solely for convenience purposes and the legally binding version shall be the English language version of such documentation. In the event of a dispute, the English version shall prevail.
14.3. You further consent that, both prior and following the establishment of the business relationship, we may provide you with information that will be partly in the English language and partly in a language of your preference. By accessing and using our Website, in a language other than the English language, shall be considered a demonstration of your preference to be provided with information in a language other than English.
14.4. You consent that where we provide you with information by means of a website, that information is not personally addressed to you. Further, you agree that we shall not provide you with information on paper but on other online forms deemed ‘durable mediums’ (i.e., the STB Provider Website, trading platforms, and through other software) because this is appropriate in the context in which our business is being or will be carried out. By maintaining your account and/or by opening an account with us and placing a trade, you expressly consent to us sending this information to you in this format.
14.5. We may communicate with you via STB Provider Customer Support, Dealing, Compliance and Marketing teams. Any communication sent to you by STB Provider is intended to be received by you only. You are therefore responsible for keeping any information we send to you private and confidential.
14.6. We may communicate with you from time to time about any business, marketing and/or promotional reasons.
14.7. We will never communicate with you regarding investment opportunities or ask you to transfer money to a managed investment or trading account, whether by phone, email, or social media channels. Furthermore, we will never communicate with you via any means to ask for your Access Codes, full credit/debit card, or Crypto Wallet details or any other information that might compromise your funds.
14.8. Any orders or instructions you provide us with via e-mail or any other electronic means will constitute evidence of the orders or instructions given.
14.9. It is your responsibility to ensure that if you wish to communicate with us with regards to any matter, you should do so on time as we cannot accept any liability for any loss that arises as a result of delayed or unreceived communication sent to you by us.
15. RECORDING OF COMMUNICATIONS
15.1. We keep records of all services and activities we are providing as well as for all transactions undertaken. We therefore record all communication including any incoming and outgoing telephone conversations as well as all other electronic communications relating to any transactions concluded when dealing on our account, providing services that relate to reception, transmission, and execution of client orders as well as for quality monitoring, training, and other regulatory purposes. We will also record any other communication between you and us, including chat messages, e-mails, and other electronic communications, even if those conversations or communications do not result in the conclusion of such transactions or in the provision of client order services. We reserve the right to use these records where we deem it necessary, including, but not limited to dispute resolution situations.
15.2. We may record telephone conversations without the use of a warning tone to ensure that the material terms of any transaction and any other material information relating to such a transaction are promptly and accurately recorded. All records are stored by us in a durable medium, which allows us to replay or copy them and retain such records in a form that does not allow us to alter or delete the original version. We may provide copies of such recordings to competent authorities upon their request in order to comply with our regulatory obligations without your consent.
15.3. We will keep copies of any such records for any period of time which is required by applicable legislation, starting from the date on which the record is created. You have the right to request a copy of the recorded communications. We will provide these to you following a written request by you.
15.4. You understand and accept that you have been notified, in advance, about the recording of any telephone conversation or electronic communication between you and us, according to the above notification.
16. REPRESENTATIONS AND WARRANTIES
16.1. You hereby represent and warrant that you have not been coerced, or otherwise persuaded to enter into the Agreement, nor have you entered into the Agreement based on any representation other than what is included herein.
16.2. Where you are an individual (i.e., natural person), you warrant that you are over 18 years of age at the moment of entering into the Agreement.
16.3. Where you are a legally incorporated entity (i.e., a legal person), you warrant that by entering into the Agreement you will not be in breach of your own constitutional documents or any law from the jurisdiction where you are incorporated or any other jurisdiction under which you may operate.
16.4. Further, you warrant that you are aware of any requirements and implications, including, but not limited to any restrictions or reporting requirements set by your local jurisdiction as a result of entering into the Agreement. We shall not be liable for any requirements imposed on you by your local authorities; therefore, you undertake to comply with any applicable requirements.
16.5. You represent and warrant that you have been provided with a warning that trading Leveraged Products involves a significant risk of loss, and that due to the speculative nature of trading, you should not invest more than you can afford to lose.
16.6. You also represent and warrant that the information you provided us during your registration for opening an Account accurately reflects your personal circumstances and you have not provided us with false or misleading information. Further, you warrant that should any information provided during the registration process become invalid, you will immediately notify us in writing of the change in your circumstances.
16.7. You further represent and warrant that you will not redistribute information concerning financial instruments, including, but not limited to pricing information and chart data on offer by STB Provider to any third party for commercial purposes.
16.8. You warrant and covenant that:
a) The funds you will use to trade with us belong to you and are free of any lien, charge, pledge, or other encumbrance;
b) The funds are not the direct or indirect proceeds of any illegal act or omission, nor are they the product of any criminal activity which constitutes a predicate offense under any Anti-Money Laundering and Countering the Financing of Terrorism legislation.
c) Unless you are entering into the agreement as a representative or trustee of a third party and you provide us with the necessary documentation to satisfy our regulatory requirements, you are acting in your own name and you are not acting in representation or in trust of a third party. Where we suspect any debit/credit card fraud or any type of fraud, we reserve the right at our discretion and without limitation to block your access to the trading platforms and STB Provider, cancel any open positions or pending orders, seize any profits generated in accordance with clause 22.3.
16.9. You warrant that any documents sent to us during your Account opening process, as well as throughout the duration of the Agreement, are valid and authentic. In the event that we believe, in our sole discretion, that any document is incorrect or invalid, we will request alternative documentation. Failure from you to provide such documentation may lead us to take any necessary action, such as rejecting or terminating your Account.
17. MARKET ABUSE
17.1. You represent, warrant and agree that:
a) You will not enter into any trades in connection with a placing, issue, distribution, offer, take-over, merger and or any other corporate finance activity, in which you are involved or otherwise interested;
b) You will not enter into any transaction which contravenes the governing legislation or any other law against insider dealing or market manipulation, either on an individual Account, or multiple Account(s) or multiple profiles and/or between one or more Client(s);
c) You will not use the trading platforms offered by STB Provider in any abusive way, including but not limited to latency arbitrage, swap arbitrage and/or contrary to good faith either on an individual Account, or multiple Account(s) or multiple profiles and/or between one or more Client(s);
d) You will not enter into any transaction that would constitute an abuse of the NBP, either on an individual Account, or multiple Account(s) or multiple profiles and/or between one or more Client(s).
17.2. In the event that you entered into a transaction in breach of the representations and warranties given in the above clause or we have reasonable grounds for suspecting that you have done so, we reserve the right to cancel or consider void part or all your abusive transactions, close all or any of your Account(s), recover any losses incurred from such practices and terminate the Agreement in accordance with clause 22.3.
17.3. You acknowledge and agree not to deal in the underlying market if the sole purpose of such a transaction was to impact on our bid or offer prices.
18. EXCLUSION OF LIABILITY
18.1. In the absence of any negligence or fraud from STB Provider (including their employees), the use of our services by a Client or the use of any systems owned or used by the Company is entirely at the own risk of the Client.
18.2. In general, neither party shall be liable for any losses which may arise as a result of unforeseeable events at the time when the Agreement was made effective, nor shall any party be liable for any losses that were not caused by any breach of the terms contained herein.
18.3. Where we outsource any activity to third parties to be able to provide you with our Services under the Agreement, we will exercise all reasonable endeavours prior to contracting with them. However, you understand that it is not possible to control the activities of such third parties. Our responsibility, therefore, shall be to exercise all efforts to minimise any losses that you may suffer as a result of an act and/or omission of the outsourced party(ies). Nonetheless, we shall not be liable for any loss that you may suffer as a result of such acts and/or omissions from third-party service providers, unless we have acted negligently.
18.4. You acknowledge and accept that you are entering into all and any transactions with us at your own risk, and we assume no liability for any loss whatsoever as a result of your trading activity with us, unless in the event of any wrongdoing from our behalf. Nothing in this clause shall be taken to exclude any liability for death or personal injury.
18.5. We shall not be liable for any direct, indirect, consequential, incidental and/or special losses (including, but not limited to loss of profits, trading losses, or damages) which result from a breach of contract by you.
18.6. Further, and notwithstanding any other provision in the Agreement, we will not be liable to you as a result of:
a) Negligence, fraud, breach of the Agreement, breach of any law and/or any other act and/or omission by you;
b) Unavailability of the Software and/or our systems, other than in instances of wrongdoing by us;
c) You being unable to access the Software and/or STB Provider or any other system, or any delay you may suffer when attempting to contact any of our customer support staff, unless this is due to wrongdoing by us.
d) Us taking measures to ensure compliance with any applicable law or regulation, including where we are precluded from processing any instruction from you which may result in us breaching the applicable law.
e) Such loss or damage, which is not reasonably foreseeable result of any such breach.
f) Any other event and/or circumstance which is outside our control.
18.7. We shall not be liable for any failure to access the Software and/or STB Provider. We are not responsible for any delays, delivery failures, or any loss or damage which results from the transmission of information over any network, including but not limited to the internet.
18.8. The limitations and/or exclusions included in the Agreement shall apply irrespective of whether we, including any of our employees and/or affiliates are aware of any losses you may incur, or any claims you may make against STB Provider.
18.9. Where you have trusted a third party, and/or followed any instruction, indication or advice from a third party, including trading signals and/or copy trading strategies which resulted in any loss for you, we shall not be liable. You understand that the service we provide is on an execution-only basis and therefore we are not responsible for any losses you may incur as a result of these circumstances.
18.10. Where you download, install and/or use any trading solutions such as algorithms, ‘Expert Advisors’ (‘EA’) or trailing stops, we shall not be held responsible for any losses which may be incurred by you pursuant to its use. If it comes to our attention that you are using any of these solutions, contrary to good faith or to the terms contained herein, we reserve the right to terminate the Agreement.
19. INDEMNITY
19.1. Upon our request, you agree to indemnify us against all liabilities, costs, expenses, damages (including reputational harm), and losses (including direct, indirect, or consequential losses), as well as any interest, penalties, and professional costs and expenses (calculated on a full indemnity basis) that we may incur due to:
a) Your violation of the Agreement;
b) Providing us with inaccurate or misleading information; and/or
c) Enforcing the terms of the Agreement.
20. EVENTS BEYOND OUR CONTROL (FORCE MAJEURE)
20.1. Specific Circumstances are defined as unforeseeable events that may arise intermittently, hindering us from fulfilling some or all of our obligations. These may encompass, but are not limited to:
a) Unforeseen natural disasters, technological glitches, political upheavals, governmental directives, socio-economic shifts, acts of God, global health crises, civil disturbances, acts of terrorism, or disruptions in utility services;
b) Instances of third-party defaults, human-made destruction, or similar occurrences beyond our reasonable influence;
c) Unauthorized activities, technical glitches, system failures, or infrastructure disruptions (whether owned by us or a third party) affecting our servers;
d) Alterations in governing laws, official mandates, or regulatory obligations due to unforeseen circumstances;
e) Actions or oversights by financial institutions or other entities beyond our anticipation or prevention;
f) Situations impeding the orderly or routine functioning of the Software or systems;
g) Aberrant market conditions, such as extreme volatility or industry instability, hindering our service provision, including data reception or accuracy issues from service providers;
h) Any other unforeseeable events or circumstances, within reasonable bounds.
It's important to note that a Specific Circumstance denotes an external event that, while foreseeable to some extent or imminent, cannot reasonably be anticipated or prevented by us.
20.2. In the event that we determine that a Specific Event has occurred, without prejudice to any other rights of ours under the Agreement or the law, we may take the following course of action(s):
a) Notify you, where sufficient time permits under the circumstances;
b) Adjust Required Margin requirements or decrease leverage;
c) Modify spreads;
d) Change fixed spreads to floating spreads (only applicable to 'Fixed Spreads' Accounts);
e) Close any Open Position(s) at the price available in the circumstances, which may include:
i. Combining or closing any open positions at 'Volume-Weighted Average Price' ('VWAP');
ii. Requesting amendments to any closed position(s);
f) Suspend, limit, or restrict the provision of our services to you;
g) Amend any part of the Agreement if compliance is no longer feasible for us;
h) Cease trading;
i) Prevent you from accessing or using the Software, STB Provider, or any other system;
j) Make necessary amendments to open trades;
k) Enable close-only functionality;
l) Reject or delay the processing of any withdrawal request from your Account(s);
m) Impose special or different terms regarding any of your orders concerning size, volatility, and/or liquidity of the instrument, among other factors;
n) Remove or temporarily suspend any products or change any contract specifications;
o) Exercise any right to which we are entitled under the Agreement and our Order Execution Policy.
20.3. We will make every effort to resume the orderly provision of our services as soon as reasonably possible. If resumption is not possible, we will inform you of the necessary actions to protect both your interests and ours, where feasible.
20.4. If we are unable to fulfill any of our obligations to you under the Agreement due to a Specific Event, such failure shall not constitute a breach of the Agreement.
21. AMENDMENTS TO THE AGREEMENT
21.1. We reserve the right to modify any part of the Agreement, at our discretion and without requiring your consent, particularly in cases where such changes are deemed necessary to comply with regulatory obligations. In such instances, we will notify you either through written communication or via our Website.
21.2. If we determine that any amendments are significant and/or would alter the balance of terms in our favor or to your disadvantage, these changes will become effective on the date specified in our notice to you. This allows you adequate prior notice and the opportunity to terminate the Agreement if you so choose.
21.3. You maintain the right to terminate the Agreement if you disagree with any amendments made by us. Similarly, we reserve the right to terminate the Agreement if you reject any amendments we propose.
21.4. All amendments will apply to ongoing transactions between you and us, unless expressly stated otherwise in our notice.
21.5. Any errors or omissions in information or documents issued by us may be corrected, provided that such corrections do not significantly impact the Agreement.
21.6. It is your responsibility to stay informed about any changes we implement to the Agreement. The most current version available on the STB Provider Website shall be deemed applicable at any given time. In the event of a dispute, the version available at the time of the dispute shall take precedence.
22. TERMINATION
22.1. You reserve the right to terminate the Agreement at any time and for any reason by giving us a 7-day notice via email using your registered email address, provided there are no open positions on your Account and no outstanding obligations to us.
22.2. We retain the right to terminate the Agreement at any time and for any reason by giving you a minimum of 7 days’ notice, except in cases outlined in clause 22.3. In the event of termination by us, we will specify the termination date and proceed to close any open positions on your Account.
22.3. The Agreement shall be terminated immediately in the event of:
a) Your breach of any part of the Agreement;
b) Reasonable grounds to believe you have not acted in good faith, including potential abuse of our 'Negative Balance Protection' policy;
c) Issuance of an application, order, resolution, or announcement related to bankruptcy or winding-up procedures involving you;
d) Your death or incapacity;
e) Your breach of any applicable law, including Anti-Money Laundering and Countering the Financing of Terrorism legislation;
f) Contravention of our ‘Order Execution Policy’ or any other policies or procedures;
g) All accounts remaining inactive for 12 months.
22.4. Termination of the Agreement does not absolve you of your responsibilities. You remain liable to pay us and we reserve the right to deduct from your Account:
a) Any outstanding amounts owed to us;
b) Expenses incurred by us due to termination;
c) Any damages incurred post-termination.
22.5. Upon termination of the Agreement, we will transfer any available funds in your Account(s) to you, net of any outstanding amounts owed to us, unless prohibited by law.
23. GOVERNING LAW AND JURISDICTION
23.1. The Agreement shall be governed by the laws of Saint Lucia. Any proceedings and their settlement involving STB Provider and you shall take place in the competent courts of Saint Lucia.
24. GENERAL PROVISIONS
24.1. Assignment: You shall not, under any circumstance, assign or transfer any of your rights and/or obligations under the Agreement to another party. However, we reserve the right to assign or transfer any of our rights and/or obligations under the Agreement to another entity, provided that such entity agrees to adhere to the terms of the Agreement.
24.2. Entire agreement: The Agreement constitutes the entire understanding between you and us and supersedes all prior agreements, promises, assurances, warranties, representations, and understandings, whether written or oral. You acknowledge that you shall have no recourse in respect of any statement, representation, assurance, or warranty that is not explicitly outlined in the Agreement.
24.3. Severance: If any provision of the Agreement or any part of a specific clause is deemed unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall remain unaffected and enforceable.
24.4. Delay or inaction: No failure or delay by us to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of such right or remedy. Furthermore, no single or partial exercise of a right or remedy shall prevent or restrict the further exercise of that right or any other right or remedy.
24.5. Interpretation of terms:
a) Words and expressions beginning with a capital letter in the Agreement have specific meanings unless otherwise indicated.
b) Capitalized terms may be used in singular or plural form, as appropriate.
c) References to statutes or statutory obligations include any extensions or re-enactments thereof.
d) References to documents include amendments to such documents over time.
e) The term 'including' or 'includes' should be interpreted
25. SURVIVAL
Clauses from sections such as ‘Understanding of Both Parties,’ ‘Confidentiality and Data Protection,’ ‘Representations and Warranties,’ ‘Exclusion of Liability,’ ‘Indemnity,’ ‘Termination,’ ‘Governing Law and Jurisdiction,’ ‘General Provisions,’ or any other clause necessary to give effect to the Agreement's meaning, shall survive termination of the Agreement.
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