Client Agreement

GAINSY Forex broker Company (hereinafter “Company”) provides any individual or legal entity (“Client”) (except for stateless persons; individuals under 18 years of age and citizens and legal entities of countries where GAINSY services are not offered) with the services concerning operations on the financial market under the terms of this public proposal (“Agreement") which enter into force at once after the Client registers himself on the site GAINSY.COM and has automatically opened his accounts (Demo Account and Live Account).

1. Subject Matter of the Agreement

1.1. The Agreement specifies the terms and conditions between the Client and the Company or other authorized third-party service providers authorized by the Company in order to provide services of the Company, for providing to the Client with the services concerning operations on financial markets.

1.2. Legal address of the Company is Suite 305, Griffith Corporate Centre, Beachmont, Kingstown, Saint Vincent and the Grenadines.

1.3. The following documents are considered to be an integral part of this Agreement:

   1) High Risk Investment Warning;

   2) Privacy and Refund Policy;

   3) Terms and Conditions of Bonus Programs;

   4) Any other documents on the GAINSY.COM website of the Company.

1.4. This Agreement in whole (including the above indicated documents) is hereinafter referred to as the “Regulations”. By accepting the terms and conditions of this Agreement the Client accepts terms and conditions of all the above indicated documents. The Client acknowledges that he has carefully read the Agreement including all the above indicated documents, and his failure to comply with the provisions of the present Regulations does not release the Client of the liabilities under this Agreement.

1.5. The terms and conditions of the Agreement are considered to be accepted unconditionally by the Client at once after the Client registers himself on the site GAINSY.COM and has automatically opened his accounts (Demo Account and Live Account).

1.6. As soon as the Client registers himself on the site GAINSY.COM, each actions made by the Client in respect of the Company are subject to the terms and conditions of the Regulations.

1.7. The Client and the Company enter into agreement as Principals. The Company does not act as an agent on behalf of the Client unless otherwise is agreed. The Client bares fully and solely responsibility for his meeting of all the obligations under the Regulations.

1.8. In case the Client acts on behalf of the third party, regardless of whether that individual is identified, the Company shall not consider that third party as its client and shall not be liable to that third party except as otherwise provided by additional Agreement.

1.9. Definitions and abbreviations of the terms used in this Agreement are defined in the Clause 16 “Terms and Definitions”.

2. Services Provided by the Company

2.1. Subject to all the provisions specified by the Regulations, the Company shall enable the Client to make transactions allowed by the capabilities of GAINSY Company and the Regulations.

2.2. The Company services include software programs and services provided by the Company that are available for downloading as well as using in web-format on the site GAINSY.COM and enables the Client to:

   a) get connected with the Company or with a third-party service provider authorized by the Company;

   b) receive information and quotes from the Company or from a third-party service provider authorized by the Company;

   c) lead trading on financial markets using MetaTrader 4.0 and/or GAINSY (software programs) trading platforms provided by the Company that are available for downloading as well using in web-format on the site GAINSY.COM, including electronic data transfer submitted by the Client to the Company using a personal computer or any other device connected to the Internet in order to access file transfer network assigned by the Company.

2.3. The services of the Company include "MetaTrader 4.0", "GAINSY" software sets provided by the Company that are available on the site GAINSY.COM.

2.4. The Company shall merely execute all the orders and requests of the Client (within the terms of the Agreement) on the execution-only basis regardless of the deals character, even in case they are non-beneficial for the Client.

2.5. Except the cases stipulated by this Agreement, the Company is not obliged to:
- notify the Client about the status of his position;
- monitor or advise the Client on the status of any of his positions;
- make margin calls;
- close any of the Clients' open positions, except the cases stipulated by the Agreement;
- make attempts to execute orders using the quotes, which differ from the quotes displayed in the "MetaTrader 4.0" or "GAINSY" trading platforms.

2.6. Services of the Company exclude providing recommendations and information motivating the Client to carry out any particular operations.

2.7. In case the Company provides the Client with any advices, recommendations or information the Company bares no responsibility for the consequences received due to this information. The Client acknowledges that the Company shall not be liable for any losses, costs, expenses or damages WWW.GAINSY.COM suffered by the Client due to error information provided by the Company to the Client including, but not limited to, information regarding any transactions of the Client. Though the Company is authorized to void or close any transactions under the specific circumstances stipulated by the Regulations, any transaction the Client carries out following such an inaccuracy or mistake shall nonetheless remain valid and binding in all respects both on the side of the Company and of the Client.

2.8. The Company, partners of the Company or any other third parties authorized by the Company may have financial interests, legal relationships or arrangements concerning specific transactions on GAINSY.COM or on the trading platforms provided by the Company, or interests, relationships, or arrangements that may conflict with the interests of the Client. For example the Company may:
- act as Principal concerning any instrument on the own account of the Company by selling or buying instruments from the Client;
- combine transactions of the Client with that of another Client;
- buy or sell an instrument the Company recommended to the Client; or
- advise and provide other services to partners or other clients of the Company who may have interests in investments or underlying assets which conflict with interests of the Client.
The Client admits and grants the Company authority to deal with or for the Client in any manner which the Company considers appropriate, notwithstanding any conflict of interest or existence of any financial interests in any transactions on GAINSY.COM or on the trading platform, without prior notice to the Client. Employees of the Company are required to comply with Impartiality Policy and ignore any financial interests or conflicts of interests when advising the Client.

2.9. The Company may periodically act on behalf of the Client relating with parties with whom the Company or another third party authorized by the Company has an agreement on the services obtaining. The Company ensures that such arrangements shall operate in the best interests of the Clients, for example, arrangements granting access to information or other benefits/services which would not otherwise be available.

2.10. The Client acknowledges that the Company reserves the right to modify, amend, change, rename or leave without alterations the Company services offered under the terms of the present Agreement as well as any clauses of this Agreement without any prior notice. The Client also acknowledges that the Agreement is applicable to services, which can be modified, amended, changed or renamed in the future in addition to the services that are currently provided to the Client.

2.11. The services stipulated in this Section of the Agreement shall not be provided to the citizens of USA and also to the citizens of high-risk and non-cooperative jurisdictions according to FATF.

2.12. The Company does not provide services of phone support or paid education, and also does not provide trading recommendations to its Clients. In case the Client is contacted via the phone or via any other way as if on behalf of the Company and is offered above mentioned services and encouraged to make any other actions related to such services, then it can be affirmed that some third parties have contacted the Client, and such third parties are not connected and/or related to the Company in any way. Following any recommendations of such third parties may result in considerable increase of financial risks or full loss of the Client's funds and it transfers responsibility in full scope for such consequences to the Client. The Company exclusively provides web services within the scope of the services described on the site in publicly available sections.

3. Client Identification and Verification

3.1. In order to be able to use services provided by the Company, the Client is obliged to verify his/her identity by providing respective documents.

3.2. The Client acknowledges that the information provided by the Client in the registration form is authentic, complies with this provision and in case its authenticity is doubted acknowledges that the Company is entitled to cancel all the accounts cancelling all the orders of the Client, to apply for the law-enforcement authorities of the Client residence country, and in case the information is not authentic the Client will be brought to justice in accordance with the legislation of the Client residence country.

3.3. The verification documents shall include original high-quality personal identity documents of the Client in English:

   1) Documents confirming your identity: copy of ID paper (Passport, Driving License);

   2) Documents confirming your address: copies of invoices of public services payments.

3.4. The Company at its sole discretion may require the Client to send any other documents like VAT number, taxpayer ID number etc.

3.5. The Company may request the Client to send any additional documents in order to prove his identity within the framework of Know Your Customer program.

3.6. In case a customer, who is suspected by the Security Department of the company in conducting of any fraudulent activities towards the company, does not provide the necessary documents requested by the company under the Know Your Customer program and any reasonable proofs confirming his/her innocence within 3 months since the first notice, in such a case the customer automatically confirms that he/she was involved in fraudulent activities and his/her account shall be blocked without a right to restore it by the company.

3.7. The Company at its sole discretion may require the Client to provide the translated into English and apostilled documents and send the above mentioned documents by post. The Client acknowledges this condition and is obliged to comply with it.

3.8. In case the Client has not received the Company request for providing it with his personal identity documents, verification procedure is not obligatory, though the Client is free to send these or any other documents identifying his personality to the Company.

3.9. The Client acknowledges that the provided personal documents shall be authentic, complies with this condition and in case their authenticity is doubted acknowledges that the Company is entitled to cancel all the accounts cancelling all the orders of the Client, apply for the law-enforcement authorities of the document issuing country in order to authenticate their validation, in case the documents are not authentic and document forgery has been occurred, the Client will be brought to responsibility in accordance with the legislation of the document issuing country.

3.10. In case after opening an account on GAINSY.COM the Client changes his personal information (name, address, telephone etc.), the Client is obliged to update the information in his profile on the site GAINSY.COM, informing the the Company about these changes sending a request to the Company.

3.11. The Client acknowledges that in case the Company bears losses due to violation of provisions of this Clause by the Client, the Client is liable to pay damages to the Company.

3.12. The Client acknowledges that personal information indicated in the Client profile can be used by the Company within the bounds of the AML (against money-laundering) policy.

3.13. The Client acknowledges that the services stipulated in this Section of the Agreement shall not be provided to the citizens of countries listed in Clause 2.11, and certifies that he is not the citizen of one of the above mentioned countries.

4. Basic Principles

4.1. One Client is authorized to register only one Personal Account on the official web-site of the Company.

4.1.1. In case if Security Department of the Company determines violation of the Clause 4.1., then an investigation of such case shall be carried out by the Company.

4.1.2. IP address a Client uses while logging into Personal Account as well as trading platforms has to correspond to the country of his/her residence according to verification documents he/she sent to the Company.

4.1.3. Using several Personal Accounts by the same Client is prohibited and shall lead to blocking of such Accounts. Account blocking can be carried out both at the beginning and at the end of the investigation at the sole discretion of the Company.

4.1.4. In case if Security Department of the Company determines the fact that either Proxy server or the same IP address were used for entering different Personal Accounts, then such Accounts shall be blocked and liquidated by the Company, while these IP addresses shall be added to the blacklist without further possibility to use services of the Company from such IP addresses.

4.2. Processing Client orders.

4.2.1. For conducting trades the "Market Maker" quoting mechanism is used.

4.2.2. Client inquiries and orders are processed according to the following scheme:
- the Client makes an inquiry or an order, which correctness is checked, in the Client terminal;
- the Client terminal forwards the inquiry or order to the server;
- the server receives the Client order and checks its correctness; then the trading terminal shows the message "request was accepted by server";
- once the Client inquiry or order has been processed, the server sends the result back to the Client trading terminal;
- provided that there is uninterrupted connection between the Client terminal and the server, the Client terminal receives the result of the inquiry or order execution result from the server.

4.2.3. The Client can attempt to cancel the earlier sent request (which is queued); nevertheless, the Company cannot guarantee the success of this attempt.

4.2.4. The time, required to execute an inquiry or an order, depends on the quality of connection between the Client terminal and the Company server, as well as on the market conditions. Under the normal market conditions, it usually takes about 0,1-5 seconds to process an inquiry or an order. Amid the market conditions which differ from the normal ones, the processing time can be extended up to 10-15 seconds.

4.2.5. The Company server can decline the Client order in cases as follows:
- at the market opening a "No price" message is received, in case the Client makes an inquiry before the first quote is imported in the trading platform;
- the Client does not have enough funds to open a new position;
- market conditions are other than normal.

4.3. Trading operations.

4.3.1. Currency is sold at Bid price. Currency is bought at Ask price.

4.4. Spreads.

4.4.1. In case of no force major circumstances, the Company uses floated spread, which is indicated on the Company official website. Detailed information on the current spreads is indicated on GAINSY.COM.

4.4.2. Carrying over a position to the next day. When a position passes over to the next day, the swap is accrued for an open position starting since 23:59:30. Detailed information on the current swaps is indicated on GAINSY.COM. For the night Wednesday – Thursday, a triple swap is accrued.

4.5. Making amendments to trading conditions.

4.5.1. The Company has the right to change margin requirements, spreads, the order executing mode and other trading conditions in correlation with national and international holidays, and shall notify the Clients 5 working days beforehand. In this case, all changes will be applicable to the already opened trades and new positions.

4.6. Closing CFD positions.

4.6.1. If there are opened positions in a trading account on a day (or on the next day) of the economic statistics publication of the CFD issuing company, or any other event, which has a great impact on the share rate, the Company reserves the right to close a position using the last market quote at the trading session close. In this case, there follows a trade reopening at one of the market quotes during the first 5 minutes after the session opening.

4.7. Opening position.

4.7.1. To open a position, an order should be sent from the Client terminal to the Company server. The following order parameters are obligatory:
- instrument;
- position size (in lots).

4.7.2. The list of instruments available for conducting trading operations using "Market Execution" mode is published at GAINSY.COM.

4.8. The Client acknowledges that he is considered to be informed about changing the list of the trading instruments after the publication of the respect information on the site GAINSY.COM.

4.8.1. To open a Buy/Sell position the Client should send an order using the Client terminal.
To open a Buy position in the order window of the Client terminal the Client should click "Buy", whereat the order is sent to the server.
To open a Sell position in the order window of the Client terminal a Sell tab should be clicked, whereat the order is sent to the server.

4.9. Executing Client orders to open a position.

4.9.1. If the size of free margin is enough to open a position, the position shall be opened. A new free margin level shall be adjusted automatically.

4.9.2. In case the size of the free margin is insufficient to open a position, the position shall not be opened and a message about insufficient funds shall appear in the order window.

4.9.3. If at the moment of the Client order or inquiry execution by the server the quote changes, the server shall offer a new Bid/Ask price. The deal will be conducted at newly offered prices.

4.9.4. The Client order to open a position is considered to be executed, and the position to be opened, when the corresponding server log file has been updated with a new record. Each new position shall receive a sequential ticket number.

4.10. Closing position.

4.10.1. To close a position in the Client terminal the Client is obliged to indicate the following parameters:
- the ticket of the position to be closed,
- the size of the position.

4.10.2. To close a position, the Client should click the icon "Close position” in the order of the trading terminal.

4.11. Execution of the Client orders to close a position.

4.11.1. If at the moment of the Client order/inquiry execution by the server, the quote has changed, the server shall offer a new Bid/Ask price. The deal will be conducted at newly offered prices.

4.11.2. The Client order to close a position is considered as completed, and the position as closed, when a corresponding record in the log file of the server appears.

4.12. Description of available orders:

4.12.1. Types of orders:
"Buy Stop" suggests opening a buy position at a higher price than the actual price at the moment of the order placing;
"Sell Stop" suggests a sell position opening at a lower price than the actual price at the moment of the order placing;
"Buy Limit" suggests opening a buy position at a lower price than the actual price at the moment of the order placing;
"Sell Limit" suggests opening a sell position at a higher price than the actual price at the moment of the order placing.

4.12.2. To close the position the following orders can be used:
"Stop Loss" implies closing the earlier opened position at a price, which is less profitable for the Client if compared to the price at the moment of order placement;
"Take Profit" implies closing an earlier opened position at a price, which is more profitable for the Client as compared to the price at the moment of the order placement.

4.12.3. The Client has the right to change and remove any pending order if it has not been activated.

4.13. Execution of orders.

4.13.1. An order will be queued for execution in the following cases:
- Sell Stop order is queued for execution the moment the Bid price in the streaming quotes becomes lower or equal to the order level;
- Buy Stop order is queued for execution the moment the Ask price in the streaming quotes hits or exceeds the order level;
- Sell Limit order is queued for execution the moment the Bid price in the streaming quotes hits or exceeds the order level;
- Buy Limit order is queued for execution the moment the Ask price in the streaming quotes becomes lower or equal to the order level;
- Take Profit order for open buy position is queued for execution when the Bid price in the streaming quotes exceeds or equals the order level;
- Stop Loss order for open buy position triggers, when the Bid price in the streaming quotes drops below or equals the order level;
- Take Profit order for open sell trade triggers, when the Ask price in the streaming quotes drops below or equals the order level;
- Stop Loss order for open sell trade triggers selling an open position, and the Ask price in the quoting flow exceeds or equals the order level.

4.13.2. In cases of price gaps the orders are executed according to the following rules:
- pending orders, where the open level and the Take Profit got into a price gap, are cancelled with a comment [cancelled/gap];
- Take Profit order the level of which is within a price gap, is executed at the price set by the order;
- Stop Loss order, which is within the price gap, is executed at the first received price following the gap and marked by a comment [sl/gap];
- Buy Stop and Sell Stop pending orders are executed at the first price received following a price gap, with [started/gap] appearing as a comment;
- Buy Limit and Sell Limit pending orders are executed at the set price and marked by a comment [started/gap].
In some cases, when price gaps are small, orders can be executed in a customary mode, according to the set in the order prices.

4.13.3. When a pending order is received for execution and the size of free margin is not enough for the order opening, the pending order is deleted automatically with the comment “cancelled".

4.14. Time of validity and order placement, parameters, rules of placing orders.

4.14.1. Orders can only be placed, removed or changed by the Client when trading for the chosen instrument is allowed. The trading hours for each instrument are indicated at GAINSY.COM.

4.14.2. Placing a pending order, the following information should be provided by the Client:
- the instrument;
- position size (volume);
- order type (Buy Stop, Sell Stop, Buy Limit, Sell Limit);
- price level at which the order should be set.

4.14.3. When a pending order attempts execution, the server automatically checks the trading account stance to see if free margin is available. New position is added to the list of open positions; the cumulative Client position and free margin are calculated.

4.14.4. Under normal market conditions a server executes an order according to the price set without slippages.

4.14.5. An order is considered to be executed once it has been recorded in the server log file.

4.14.6. The Client agrees to undergo a supplementary expert examination of the trading account, if it has been revealed that the trading methods of the Client include opening and closing/opening lock positions with a less than 5-minute interval between them. In accord to the results of the supplementary examination the Company reserves the right to correct the outcome of the Client’s trading by the sum total of such orders.

4.15. Forced close of positions.

4.15.1. When the Client account margin level is less than 50% for STP accounts and 100% for ECN accounts, margin call triggers. The Company has the right, however, is not obliged to close the Client position. It is at the Company’s discretion whether to close the position or not.

4.15.2. If the current trading account state (equity) is less than 10% of the margin necessary to maintain an open position, the Company reserves the right to force a Client position close without prior notice.

4.15.3. The server controls the account current condition. In case conditions described in Clause of the present Agreement are violated, the server shall generate a forced position closing order (stop out). Stop out is executed according to the market price in line with the general Client orders’ queue. Forced close of a position is recorded in the server log file as a "stop out".

4.15.4. In case the conditions described in Clause 4.15.2 of the present Agreement are violated and the Client has several open positions, the position with the highest floating loss will be closed first.

4.15.5. Amid normal market conditions the Company secures that after the last position close the balance of the trading account will be 0% - 10% of the margin needed to cover this last forcedly closed position. The Company reserves the right to restore the negative account balance of a Client with the funds available in another account owned by the Client, if the balance has turned negative in the result of a strong price movement.

4.15.6. There can be a delay in automatic order closing in the process of forced position close. This delay can be the reason of closing a position at a more favourable price than the price at the moment of the induced order closing. The account status at the moment of the deal closing by “stop out” is reflected in the comment to the order, where per cent of free margin, account balance and margin level are indicated. Closing of the order at the price, which is more profitable for the Client than the "stop out" level, cannot be considered as the reason for a claim on the part of the Client. Closing of the position at the price, which is less favourable for a Client than "stop out" level, can be considered as the reason of claim on the part of the Client.

4.15.7. By accepting the present Agreement, the Parties have agreed that market working time - Monday 00:00 - Friday 23:00 - is shifted twice a year due to the switching to day-light saving time and vice versa, on the second Sunday of March and the first Sunday of November correspondingly.

4.15.8. The maximum number of deals opened simultaneously is not limited. Yet, the Company reserves the right to impose obligatory restrictions upon the number of orders opened.

5. Fees and Payment Procedure

5.1. The Company does not support physical delivery of currency in the settlement of any trading operation. Money shall be deposited to/withdrawn from the Client’s account through the Payment systems provided by the Company and which are available on the site GAINSY.COM.

5.2. Currency of all the accounts of the Company is USD, thus when depositing/withdrawing money in any other currency different from USD, currency exchange commission shall be charged.

5.3. The Client acknowledges that possible delays on depositing/withdrawing funds, related to carrying out of technical works, may occur.

5.4. In case the above indicated delay in automatic funds depositing occur, the Company is obliged to deposit Client trading account upon condition that the Client informs about the delay.

5.5. The Company bares no responsibility on possible delays in depositing/withdrawing funds occurred due to the third parties (banks, payment systems).

5.6. The Client is prohibited to deposit/withdraw money using banking account or payment system details of the third parties. In case the present condition of the Agreement is violated, the Company is entitled to cancel all the accounts cancelling all the orders of the Client or to take any other measures under the Agreement.

5.7. The Client acknowledges that prior to transacting through credit/debit card payments, China UnionPay, bank wire transfers and e-wallet payments via MegaTransfer payment gateway, he has to provide scanned copies of his ID, utility bill and credit card in case of card payments (front&back, the CVV code should be obscured) due to security reasons. In case the Client ignores this requirement, he acknowledges that his transaction may not be credited to his Personal Account.

5.8. In case of bank wire deposits through MegaTransfer payment gateway, a client has to provide the Order ID that can be found in the payment form and send it both to このメールアドレスはスパムボットから保護されています。閲覧するにはJavaScriptを有効にする必要があります。 and このメールアドレスはスパムボットから保護されています。閲覧するにはJavaScriptを有効にする必要があります。 indicating his deposit amount and date. In case a Client ignores this requirement, he acknowledges that his payment may not be credited to his Personal Account with GAINSY.

5.9. The Client acknowledges that prior to transacting through credit/debit card payments via OrangePay payment gateway, he has to provide scanned copies of his ID, utility bill and credit card (front&back, the CVV code should be obscured) due to security reasons. In case the Client ignores this requirement, he acknowledges that his transaction may not be credited to his Personal Account.

5.10. In case if a Client makes an internal (promo) funds transfer (sends funds from his Personal Account to Personal Account of another Client), then in order for the funds recipient to withdraw these funds, it is needed for the funds sender to confirm the withdrawal. A Client, who makes an internal transfer (promo funds) to another Client, can request a refund of his/her funds at any time.

5.11. When you conduct trading through mutual funds of your own and funds sent to you via internal transfer (promo funds) by another Client, and if there are any loss deals on your Trading Account, then exactly your funds are counted first of all.

5.12. How to calculate $100 of deposited amount on trading account? $100 of deposited amount on trading account is calculated in ratio of 1 standard lot value. Its value is $100,000, hence 0.1 lot value is $10,000. To calculate the trading volume needed to be performed, we need to divide $10,000 (0.1 lot value) by $100 (deposited amount), thus we get the number of lots that has to be executed, which is 100 lots.

5.13. Deposit.

5.13.1. In order to deposit account and be able to trade on Trading Account using this money, the Client shall deposit his Personal Account and transfer money from this Personal Account to his Trading account.

5.13.2. The Client may deposit funds to his Personal Account at any time.

5.13.3. The Client can deposit his Trading Account via bank wire or using payment systems provided by the Company which are available on the site GAINSY.COM.

5.14. Withdrawal.

5.14.1. In order to withdraw incomes to banking account or payment system account, the Client shall transfer money from his Trading Account to his Personal Account and then withdraw money from this Personal Account to his banking account or payment system account.

5.14.2. The Client shall withdraw funds from his Personal Account at any time provided that he has not any open position and all his positions are closed.

5.14.3. Using electronic payment systems (bank wire) withdrawal/deposit shall be carried out exclusively via the same payment system (bank wire) and the same account details (bank details) which were used while depositing this account.

5.14.4. In order to withdraw funds that were deposited via different payment methods, the Client shall use the same payment methods he used while depositing his account in accordance with the percentage of deposited money or withdraw all the funds using bank wire transfer.

5.14.5. The following withdrawal options for the accounts, which were deposited via RBK payment system (Visa/Master Card), are available depending on the country:

     Country     

 Withdrawal option  

CIS a) to verified account in the system of RBK Money.
EU сountries a) to the account of any other payment system available on the site (except for Bank Wire and RBK Money), in the same time the e-wallet of the selected payment system has to be previously verified by a test deposit in any amount.
Asia and other countries a) in case the withdrawal commission does not exceed the withdrawal amount: to bank account details indicated by the Customer, that are related to the bank card through which the account was deposited;
b) in case the withdrawal commission exceeds the withdrawal amount: to the account of any other payment system available on the site (except for Bank Wire and RBK Money), in the same time the e-wallet of the selected payment system has to be previously verified by a test deposit in any amount.

5.14.6. Internal daily maximum amount for withdrawal via RBK payment system is $500. The amounts that exceed $500 are available for withdrawal exclusively via bank wire transfers.

5.14.7. For accounts, which were deposited via Internal Transfer(s) (promo funds), the funds withdrawal shall be confirmed by the owner of the account as well as the owner of transferred funds. In case of pending withdrawal request the owner of transferred funds shall be contacted for confirmation by the Company within 8 working hours after the withdrawal request is made. In case confirmation is not received within 24 working hours after the withdrawal request is made, the withdrawal request shall be denied.

5.15. Payment Fees.

5.15.1. The Company does not charge any commissions for transferring funds between internal GAINSY accounts (from Personal Account to Trading Account or from Trading Account to Personal Account).

5.15.2. While depositing Personal Account using payment systems provided by the Company that are available on the site GAINSY.COM, the Company compensates fully or partial amount of fees charged by the following payment systems RBK Money (VISA/MASTER Card ), Perfect Money, WebMoney , Wallet One (W1), China UnionPay, CashU , Qiwi in order to provide its Clients with the opportunity to trade with the total amount the Customer has deposited, without any deductions.

5.15.3. While depositing Personal Account via bank wire, the Company compensates fully or partial amount of fees charged by the bank in order to provide its Clients with the opportunity to trade with the total amount the Customer has deposited, without any deductions.

5.15.4. While withdrawing funds from Personal Account using payment systems provided by the Company that are available on the site GAINSY.COM.

5.15.5. While withdrawing funds from Personal Account via bank wire, the Client shall pay bank commission according to the following payment table:

     Withdrawal Amount, $     

 Commission 

Less than 1,000  BEN - SWIFT Expenses to Beneficiary 
1,001 - 10,000 SHA - Shared SWIFT Expenses
More than 10,000 OUR - SWIFT Expenses to Remitter

The amount of bank commission is set by the bank and can vary from time to time depending on the bank requirements. The Client acknowledges that the Company bares no responsibility relating with bank commissions.

5.15.6. While withdrawing Personal Account using payment systems provided by the Company that are available on the site GAINSY.COM, the commission amount depending on the payment system you use according to the following payment table:

     Payment System     

 Commission, % 

CashU 7.0
Perfect Money 0.5
WebMoney 0.8
FasaPay 0.5
Wallet One (W1)  depends on the payment system requirements 
 Bank Wire Transfer   depends on the amount of withdrawal 
 RBK Money(VISA/MASTER Card)   depends on the amount of withdrawal 


The amount of payment system commission can vary from time to time. The Client is considered to be informed about such changes after the publication of the respect information on the site GAINSY.COM.


5.15.7. To prevent the violation of public offers concerning money laundering through electronic wallets, to secure our partners, the Company has a right to change conditions of the Clause 5.9.7 at any time without any notifications.

5.15.8. While withdrawing Personal Account using any payment system where Wallet One (W1) acts as an intermediary, payment system fee that is set by the Wallet One (W1) system shall be paid by the Client. This fee is set by the Wallet One (W1) system and can vary from time to time depending on the Wallet One (W1) system requirements. The Client is considered to be informed about such changes after the publication of the respect information on the site GAINSY.COM.

5.16. Time Frames.

5.16.1. Money transferring between internal GAINSY accounts (from Personal Account to Trading Account or from Trading Account to Personal Account) shall be processed within 24 hours except for the exceptional cases under the Agreement.

5.16.2. Money depositing/withdrawing using payment systems provided by the Company that are available on the site GAINSY.COM shall be processed within 24 hours except for the exceptional cases under the Agreement.

5.16.3. Money depositing/withdrawing using bank wire shall be processed within 5-7 bank working days (days when a bank is open for business to public and carries on all the banking functions dating the same day; usually banking days are all the days except Saturdays, Sundays and legally defined holidays from 10 o'clock to 17 o'clock)except for the exceptional cases under the Agreement.

6. Claim Procedure and Settlement

6.1. When contentious cases occur, the Client is entitled to report a claim to the Company. The Claim shall be sent within 2 bank working days from the date the problem occurred.

6.2. The Claim shall be sent to the Company in the form of electronic letter to the following email address - このメールアドレスはスパムボットから保護されています。閲覧するにはJavaScriptを有効にする必要があります。 . The Claim is not subject to revelation by the claimant under no circumstances.
The Client acknowledges that the Claims submitted in other ways shall not be reviewed and are not subject to revelation by the claimant.

6.3. The Company shall process the Client complaint within ten (10) bank working days. In case the Client claim is considered fair, the Company shall take respective measures within seven (7) bank working days starting from the date of making solution of a problem. The Company follows generally accepted market practices and internal policy concerning the claims not mentioned in the present Agreement.

6.4. The Client claim letter shall contain:
- full name of the Client;
- trading account number of the Client;
- date and time of the problem arising;
- problem case or order ticket;
- description of the Claim, leaving out emotional connotation.

6.5. The Company reserves the right to dismiss a Claim in the following cases:
- the Claim does not comply with the terms of the Clauses 6.1, 6.2, 6.6.;
- the Claim contains obscene/rude words or/and insults/threats in regard to the Company or its officials;
- the Client threatens to stain the reputation of the Company using social networks or other community resources;
or for any other reasons.

6.6. The Company reserves the right to correct or cancel results of the Client trades if the server errors were detected, which led to quotes delay, spikes and other negative consequences for the Company, and could not have been hedged by the Company contractors.

6.7. The Client is prohibited to apply for order opening trying to forestall the price provided by the Company for the moment. The Client acknowledges that the Company shall cancel any such positions at once after detection of the fact of the above indicated actions carried out by the Client.

6.8. It is prohibited to use strategies oriented on the profit extraction by means of cheating, fraudulence and manipulations. In case such trading strategies are revealed, the Company is authorized to void or close any or all of the Client positions at the current price at any time, at its sole discretion.

6.9. The Company reserves the right to cancel position results if the Company discovers that the money used for position executing was got violating provisions of the Regulations.

6.10. If the positions are fully locked by any locking system including triple lock and the sum of swaps is not equal to zero, the Company reserves the right to correct the swap.

6.11. If at the moment of market close the total volume of positions, opened at the Client account implies the change of total profit by more than 0.3% of deposit, in case the price changes by 1 pip (more than 3 GAINSY lots for every USD1,000 of deposit), the Company reserves the right to correct the financial result of such deals in case the market opens with a gap by the amount proportional to the size of the gap in pips.

6.12. When the price change, connected with the a difference between the instrument last price at market close and the instrument first price at market open, or connected with news release, leads to a profit higher than 10% of the initial deposit, the Company reserves the right to use correction of such trade financial result in the size proportionate to the difference of the above mentioned prices in pips, by means of deducting the funds with the comment "Clause 6.12. correction". In certain cases it is at the Company’s discretion to set the minimal profit change below a 10% level (of the initial deposit).

6.13. In case a strategy of the Client is based on gaining profit only from positive swaps, the Company reserves the right to correct the swap.

6.14. To withdraw bonus funds, credited under "Easy Income +10%" promotion a Client must perform trading operations in the total amount of 1 standard lot per each $25 of the real funds deposited to a trading account. The calculated amount is the trading volume that must be executed.

6.15. Client can withdraw personal funds from trading account that was credited with bonus funds under "Easy Income +10%" program at the end of recalculation period and under condition that all terms and conditions were met. Recalculation period starts after expiration of last credited "EI +10%" amount and lasts up to 6 months. During this period trading account balance is being recalculated based on amount of traded lot, client's funds and bonus funds.

6.16. The Company has a right to change conditions of "Deposit Insurance" unilaterally and to stop it at any time without notifying the Client. New conditions are effective once they are posted on the official site of GAINSY.

6.17. Funds credited under "Deposit Insurance" program are bonus funds. In order to withdraw credited funds, a Client has to make trading operations in amount of 1 lot for each $0.1 compensated funds. The calculated amount is the trading volume that must be executed. If the Client fails to meet this requirement during 1 month since the day of additional funds crediting, then bonus funds shall be cancelled from his/her Trading Account.

6.18. During the withdrawal of promotional funds credited under "Withdrawable Christmas Real Money - more than $2017" promo there must be completed a condition of specified amount of traded lots on Customer's STP Trading Account. Volume of lots is calculated from the ratio: 1 lot per each $5 of received promotional funds. The calculated amount is the trading volume that must be executed.

6.19. The sum of Unified Bonus, as well as a profit amount gained by means of trading with this bonus becomes available for withdrawal only after the Client makes the trading volume (in standard lots) equal to the following equation: <Number of lots> = <The Unified Bonus sum in USD>.

7. Risks

This Clause stipulates risks information concerning trading operations on the financial markets and to inform the Client about the possibility of financial losses due to these risks. It is impossible to indicate all the information concerning all the potential risks in the present Agreement due to a number of possible situations.

7.1. Leverage effect.

7.1.1. Trading under the conditions of "Margin Trading" a slight change of the instrument price rate can influence the Client trading account balance due to leverage effect. In case the market moves against the Client position, the Client can suffer losses in the amount of the initial deposit and other additional funds deposited by the Client in order to keep the positions open. The Client acknowledges that he is by his own fully responsible for bearing all the risks including financial and risks related to electing corresponding trading strategy.

7.1.2. It is highly recommended to maintain the Margin Level above 1000% and always set Stop Loss orders to limit possible losses.

7.2. High instrument volatility.

7.2.1. A number of instruments have considerable range of price variation that implies high possibility of trades ending in high profits or losses.

7.3. Technical risks.

7.3.1. The Client undertakes risks of financial losses caused by malfunctioning of informative, communicative, electric and other involved systems.

7.3.2. Conducting trading operations in the Client terminal, the Client undertakes the risks of financial losses caused by the following reasons:
a) hardware and software equipment errors, or poor quality of connection on the Client side;
b) improper functioning of the Client equipment;
c) wrong settings of the Client terminal;
d) usage of outdated Client terminal;
e) the Client unfamiliarity with the platform manuals that are available on the site GAINSY.COM.

7.3.3. The Client acknowledges that in case of telephone trading, possibility to reach the operator is weaker during peak hours when the market is fast (for example, at key news releases).

7.4. Other than normal market conditions.

7.4.1. The Client acknowledges that time of the Client order processing can be prolonged under other than normal market conditions.

7.5. Trading platform.

7.5.1. The Client acknowledges that there can be only one inquiry/order enqueued to be processed by the server. The attempt to set any new order or inquiry shall be declined with the order window displaying the message "Trade flow is busy".

7.5.2. The Client acknowledges that the only reliable source of information regarding the streaming quotes is the main server, servicing real Clients. The quotes databases in the Client platform cannot be regarded as a credible source of information regarding the streaming quotes, as in case of unstable connection between the Client platform and the server a part of quotes can fail to enter the Client platform.

7.5.3. The Client acknowledges that shutting down the window of placing/ modifying / cancelling order, and shutting down the window of closing or opening positions, does not cancel the inquiry or order, which has already been sent to the Interbank market to be exercised.

7.5.4. The Client undertakes risks of unplanned trading operations conducted in cases of resending an order before the moment of receiving the information about the result of the order executing the prior order.

7.5.5. The Client realizes that simultaneous modification of the pending order level and Stop-Loss and/or Take-Profit, which were added right after the order had been executed, will only be processed when a Stop-Loss and/or Take-Profit level order is modified for the opened position of the order.

7.6. Communication.

7.6.1. The Client undertakes the risk of financial losses caused by late receiving or failure to receive the server message.

7.6.2. The Client realizes that non-coded information sent by email is not secured from unauthorized access.

7.6.3. The Client agrees that the message may be deleted without being received by the Client by internal Client platform mail within three calendar days since the moment of the message uploading.

7.6.4. The Client bears full responsibility for confidentiality of the received of the service information, and undertakes the risks of financial losses caused by unauthorized access of third parties to the Client trading account.

7.7. Risks of the third party activity.

7.7.1. The Company bares no responsibility on the payment systems services. Taking into account the Clause of this Agreement which provides funds withdrawing exclusively via payment system that was used for funds deposit, the Company bare no responsibility on the funds that were deposited via payment systems in case such electronic payment system ceases to exist.

7.7.2. The Company bares no responsibility on the risks related to the Client indicating wrong banking details. The Client undertakes all the risks related to his indicating wrong banking details and acknowledges that this can lead to refunding, additional commission charging, and other risks related to refunding and repeated wire transfer.

7.7.3. The Client undertakes all the risks related to unauthorized use of the Client personal data and banking details by the third parties or individuals who dispose sufficient data for using such cards, that occurred in the result of the Client carelessness.

8. Liabilities

8.1. The Client will indemnify the Company for all the liabilities, costs, claims, demands and expenses of any nature which the Company suffers or incurs as a direct or indirect result of any failure by the Client to fulfil any of the obligations under the Regulations.

8.2. The Company shall under no circumstances be liable to the Client for any consequential direct or indirect losses, loss of profits, missed opportunities (due to subsequent market movement), costs, expenses or damages the Client may suffer in relation to this Agreement, unless otherwise agreed in the Regulations.

8.3. The Client ensures that:
- the information indicated in the account registration form is authentic and pertains exclusively to the account owner;
- it is of the Client full responsibility to secure confidentiality using the user name and passwords;
- the Client bears full responsibility for the actions executed due to the Client user name and password using by the third parties, including operations on financial markets;
- acknowledges that the Company is authorized to record conversations with the Client with the purpose of their proof.

8.4. The Company ensures that the information indicated by the Client in the registration form is confidential. Violation of this provision is regulated according to the terms of the present Agreement.

8.5. The Client acknowledges that the Company or a third party authorized by the Company in order to provide services to the Clients is not liable for malfunctioning of the telephone, Internet connection, updates or any other services or events that do not depend on the Company.

8.6. The Client acknowledges that the Company is entitled to suspend activity on the Client accounts in case the Company has any suspicion that the Client accounts are used for moneylaundering or the Client has provided false information deliberately. After the operations are suspended, the Company shall initiate investigation that may include examination of account and registration data, history of trading account deposits, identification of the Client, etc. The Client acknowledges that the Company is entitled to initiate such investigation, in case it has reasons to suspect that the Client is trading violating provisions of the present Agreement.

8.7. The Client acknowledges, that pursuant to anti-money laundering policy, the Company is entitled to request details of the bank account opened under the name of the Client, imposing limitations on funds withdrawal from the Client account only through bank transfer with the specified bank details. In case the Client refuses to submit the bank details, the Company is entitled to cancel all the operations on the Client trading account until the Client provides it with the required information.

9. Failure to fulfil Obligations

9.1. Each of the following points constitutes an instance of failure to fulfil obligations:
- the Client fail to pay any amount under the Agreement;
- the Client fail to fulfil any obligation under the Agreement;
- initiation of proceedings by a third party concerning the Client’s bankruptcy (if the Client is a private person) or for liquidation of the company (if the Client is a legal entity), or for the appointment of an administrator or receiver in respect of the Client or any of the Client assets (if the Client is a legal entity), or (in both cases) if the Client makes a contract or an arrangement with their creditors concerning the settlement of their debt or any other analogous procedure is initiated regarding the Client;
- any representation or warranty made by the Client in the Clause 10 is or becomes false;
- inability of the Client to pay debts when they fall due;
- if the Client dies or becomes legally incompetent; and
- any other circumstance under which the Company reasonably considers that it is necessary or desirable to take any actions set out in the Clause 10.

9.2. In case failure to fulfil obligations in relation to the Client occurs, the Company may, at its sole discretion, at any time and without prior written notice, take one or more of the following measures:
- close all or any of the Client open positions at the current quote;
- close any or all of the Client accounts opened within the Company;
- debit account of the Client with the amount owed to the Company;
- refuse opening new accounts in the Client name.

10. Representation and Warranties

10.1. The Client acknowledges and warrants that:
- all the information stipulated in this Agreement, Regulations and Client Registration Form is true, authentic, complete and accurate in all respects;
- the Client is duly authorized to enter into this Agreement, and fulfil his liabilities under the Regulations;
- the Client acts as principal;
- the Client is an individual who has submitted the Client Registration Form or if the Client is a legal entity, the person who submitted Client Registration Form on behalf of the Client and is duly authorized to do it; and
- all the actions carried out under the Regulations shall not violate any law, ordinance, charter, or rule applicable to the Client or under the jurisdiction of the Client residence, or any agreement the Client is bound by, or concerning any of the Client assets.

10.2. The Client acknowledges that in case of violation of Clause 11 of the Agreement by the Client, the Company is authorized to cancel accounts of the Client, void or close any or all of the Client positions at the current price at any time, at its sole discretion.

11. Force Majeure

11.1. In case the Company may declare a Force Majeure event (uncontrollable circumstances), the Company shall take reasonable measures in order to inform the Client. Force Majeure circumstances shall include but not be limited to:
- any act, event or occurrence (including, without limitation, any strike, riot or civil commotion, terrorism, war, act of God, accident, fire, flood, storm, interruption of power supply, communication equipment or supplier failure, hardware or software failure, civil unrest, government sanction, blockage, embargo, lockouts) that on the Company reasonable discretion prevents the Company to maintain market stability in one or more of the instruments;
- the suspension, liquidation or closure of any market or the absence of any event off of which the Company bases its quotes, or the imposition of limits or special or unusual terms on trading on any such market or on any such event.

11.2. In case the Company declares such Force Majeure event, the Company may at any time at its sole discretion without prior notice take any of the following measures:
- increase requirements;
- close any or all of the Client positions at prices the Company considers to be appropriate;
- suspend or modify any or all of the terms of the Regulations to the extent that the Force Majeure event makes it impossible or impractical for the Company to comply with them; or
- take or not take actions concerning the Company or the Client the Company considers to be reasonably appropriate under the circumstances.

11.3. The Company bears no responsibility for not fulfilling its obligations (improperly fulfilling) under the Force Majeure circumstances.

12. Termination of Agreement

12.1. The Agreement enters into effect since the moment the Client opens an account on the site GAINSY.COM registering himself on the same site.

12.2. The present Agreement is considered to be terminated in the following cases:

12.2.1. Any of the Parties expresses a will to terminate the present Agreement:
- in case the Client withdraws all the funds from account, what leads to termination of relationship under the Agreement;
- in case the Client violates conditions stipulated in the present Agreement, the Company is authorized to terminate the Agreement at its sole discretion cancelling accounts and closing positions of the Client with prior notice to the Client about such termination.

12.2.2. If the Company ceases activity regulated by the present Agreement:
- the Company notifies the Client one month prior to such termination;
- the Company returns all the Client trading account funds to the Client as of the moment of its closing.

12.2.3. In case of the Client death:
- the right to withdraw funds from the Client trading account passes to the Client inheritor in accordance with the corresponding queue, or to the inheritor in accordance with the Client will/testament;
- the right to use accounts of the Client and to carry out trading operations on the financial markets cannot be inherited.

12.3. The Client acknowledges that the Company reserves the right to suspend providing the Client with fully or partially access to the Company services at its sole discretion, with the following notice to the Client. In this case the Agreement is considered to be terminated since the moment the services ceased to be available for the Client.

12.4. If there is no activity on the account of the Client for more than 3 months since the day when the Client accessed the system last time, then such account shall be suspended with no opportunity to restore any information about it, its holder and any other data.

13. Governing Law and Jurisdiction

13.1. The Regulations including this Agreement is governed by the legislation of England.

14. Notices

14.1. In order to contact the Client the Company is entitled to use:
- internal mail of trading platform;
- email;
- fax;
- telephone;
- postal service;
- pages of the Company official website GAINSY.COM.

14.2. A message (including documents, announcements, notifications, confirmations, reports etc.) is considered to be received by the Client:
- one hour after its sending by email;
- immediately in case of its sending by internal mail in the trading platform;
- immediately in case of its sending by fax;
- immediately after the phone call finishing;
- 7 bank working days after its sending by postal service;
- immediately in case of its posting on the Company official website GAINSY.COM.

15. Language

15.1. Language of the present Agreement is English.

15.2. The Company can provide the Agreement version in the languages different from English for the Client convenience. The translated version of the Agreement is for informational purposes only.

15.3. In case variant readings between a translated version and the present Agreement in English occur, the present Agreement in English shall take precedence.

16. Terms and Definitions

"Account history" – a full list of all completed transactions and non-trading operations conducted on a live account.

"Adviser" – a trading account management algorithm in the form of a program based on MetaQuotes Language 4. This program sends requests and orders to a server using Client terminal.

"Arbitrage" – a trading strategy which uses "Arbitrage transactions".

"Arbitrage transaction" – an operation, when an asset is bought on one market, and at the same moment a matching asset is sold on a different market. This price difference is fixed on various exchange markets. It is easily observed, that the value of the portfolio remains almost unchanged regardless of the market movements (as the opposite trades offset each other). When the price difference changes to a positive side, the opposite arbitrage transaction of fixing profit is conducted.
An arbitrage transaction is also a transaction that includes only the asset purchasing (selling) on one type of the market without further selling (purchasing) on a different market, with the condition of that a considerable price gap between the quotes of these two related markets appears at the moment of opening or closing the trade.

"Ask" – the highest price in the pair at which the Client buys the currency.

"Balance" – aggregate financial result of all completed transactions and non-trading operations of a trading account.

"Base currency" – the first currency quoted in a currency pair, which the Client can buy or sell at the price of the quote currency.

"Bid" - the smallest price in the currency pair exchange rate quote. The Client sells at bid price.

"Bonus funds" – funds received by the Client as part of bonus programs and contests, held by the Company.

"Equity" is the current account balance, calculated according to the formula: balance + floating profit - floating loss.

"Candlestick bar" is an element of the chart, which includes open and close prices, as well as maximum and minimum prices for a certain period of time (1 minute, 5 minutes, an hour, 24 hours, a week etc.).

"Client" is a legal body or physical party that has accepted the present Agreement with the the Company in order to conduct trading operations under the terms of margin trading, and who has entered into a Client terminal rental contract with GAINSY.

"Client terminal" is a software product, which lets the Client get information on financial market trades in the real time mode (quantity defined by the Company), perform technical analysis of markets, conduct trades, set/change/cancel orders and receive messages from the Company. It can be freely accessed at GAINSY.COM.

"Client log file" – a file created by the Client terminal, which records all inquires and orders sent from Client to the Company with a 1-second accuracy.

"Closed position" – the result of the second part of the completed closed transaction.

"Completed position" consists of two opposite trading operations of equal size (open and close position): buying followed by selling or selling followed by buying.

"Contract for difference" (CFD) – a trading operation item based on changes of the basis asset rate (i.e. the asset being the subject of the CFD), including stocks, futures, commodities, precious metals, stock index etc.

"Contract specification" – the main trading conditions (such as spread, lot size, minimal trade volume, changes in trade volume, initial margin, lock etc.) for each instrument. As of the date of wording the present Agreement, the information is available at GAINSY.COM.

"Currency pair" is a unit of trade operation grounded on the price change of one currency versus another currency.

"Developer" – a software Company, developer of the trading platform.

“Disputable issue” is:
1) a situation where the Client assumes that the Company has violated one or more conditions of the present Agreement as a result of its activity or inactivity;
2) a situation when the Company assumes that the Client has violated one or more conditions of the present Agreement as a result of his activity or inactivity.

"Inquiry" – the Client instruction sent to the Company to obtain a currency quote. An inquiry does not imply the Client’s obligation to open a trade.

"Fast market" is a condition of the market which is characterized by sudden currency rate changes during a short period of time and often followed by price gaps. Usually it occurs right before and/or after one or a series of events:
- publication of economic indicators of the G8 members (the eight leading industrial countries, i.e. the USA, Germany, Japan, France, the UK, Canada, Italy, Russia), has a high degree of influence on the financial markets;
- key interest rates’ announcements made by central banks and their committees;
- speeches or press conferences of central bank governors, finance ministers and of the G8 countries’ presidents;
- interventions of governments in currency markets;
- terrorist acts of a national (governmental) importance;
- natural disasters that caused announcement of the state emergency (or of the analogical restrictive measures) within the affected territories;
- outbreak of war or military actions;
- political force major events such as resignations, appointments or inaugurations (including election results) of executive branch of governments;
- other conditions that influence on the dynamics of the currency rate.

"Floating profit/loss" – unfixed profit/loss of all open trades at the current exchange rates at present moment.

"Force majeure circumstances" – occurrences which could not have been foreseen or prevented. Such as:
- natural disasters;
- wars;
- acts of terror;
- government actions, actions of executive and legislative government authority;
- hacker attacks and other unlawful acts toward servers.

"Free margin" – funds on a trading account that can be used for opening new trades. Calculated according to the formula: equity - margin.

"Graph" (chart) is a flow of quotes illustrated graphically. It shows the peak high of any bar/candlestick, which is the maximum Bid over a period; the low or minimum Bid; the close price or last Bid of any bar/candlestick; and the open price or first Bid of any bar/candlestick.

"Hedged margin" – a guarantee cash cover required by the Company for opening and maintaining trades. For every instrument, it is indicated separately in Specifications.

"Initial margin" – the required by the Company cash cover for opening a trade. For each instrument the value is indicated in Specifications.

"GAINSY website" is the official website of GAINSY broker available at the following website address: www.gainsy.com.

"Instrument" – a currency pair or CFD (contract for difference).

"Leverage" – the ratio of a covered sum used in a trade to the volume of the trade: 100:1, 500:1. Leverage 100:1 means that in order to open a trade it is necessary to have a trading account with the deposit sum, which is 100 times less than the sum of the trade to be opened.

"Lock" – long and short positions of the same volume that were opened for the same instrument on the same account.

"Lock margin" is a cover sum, required by the Company in order to open and maintain lock positions. For every instrument it is indicated in Specifications.

"Long" – buying an instrument hoping that the rate will increase. In connection with the currency pair, it is purchasing the base currency using the quote currency.

"Lot" – a unit to measure the quantity of shares, commodities, base currency, which is used in a trading platform.

"Lot size" – the quantity of assets, commodities, base currency per one lot, defined in Specifications.

"Margin level" – the ratio of equity to necessary margin (in per cent), calculated according to the formula: (equity/margin)*100%.

"Margin call" – a state of the trading account when the Company has a right but is not obliged to close all open trades of the Client because of insufficient funds (free margin). Margin level, whereat "margin call" situation arises; is indicated in the present Agreement.

"Margin trading" – trading with the use of leverage; a Client is able to open trades which value is much higher than the employed in a trade personal funds of the Client.

“Market conditions that differ from normal ones” – thin market or fast market.

"Market open" – start of trading sessions after weekend, holidays or after a time interval between trading sessions.

"Necessary margin" – a Company finance requirement for maintaining open positions; each instrument is shown in Specifications.

“Non-trading operation” – the operation of topping up a trading account (or withdrawing money from the trading account) or the operation of allocating (returning) the credit.

“Normal market conditions” – the condition of the market when:
- there are no significant stops in delivery of quotes to a trading platform;
- there is no rushing price dynamics;
- there are no considerable price gaps.

"Normal market” – see "Normal market conditions".

"Opening gap" is a situation when one of the following statements is true:
- Bid of the market open is higher than Ask at market close;
- Ask at market open is lower than Bid at market close.

"Order" – the Client instructions sent to the server to open/close a trade once price reaches the order level, or to place, delete or change the order level.

"Order level" – the price indicated in the order.

"Open position" is the result of the first part of a fully completed transaction. When opening a position, the Client undertakes the following obligations:
- to conduct the second part of the transactions (buy/sell) of the same size;
- to maintain equity not lower than 50% and 100% of the necessary margin for STP and ECN accounts respectively.

"Pending order" – the Client requests the server to open a trade once price has reached the order level.

"Pips" - the smallest unit of price for any foreign currency. Also called “points”.

"Price prior to non-market quoting" is a close price of a minute bar, prior to non-market minute bar quote.

"Price gap" – either of the following situations:
- the present Bid is higher than the prior Ask;
- the present Ask is lower than the prior Bid.

"Quote currency" is the second currency in the currency pair symbol that is used by the Client for selling or buying the base currency.

"Quotes data base" – information about all quotes of currencies.

"Quoting" is the process of providing the streaming real-time currency quotes to the Client in order to conduct a trade.

"Rate":
1) for currency pair: base currency unit price expressed in terms of quote currency;
2) for CFD: base asset unit price expressed in terms of money.

"Real deposit" is a difference between deposits and withdrawals at the Client trading account for the reporting period.

"Server log file" is a file created by the server, which records all requests and orders received by the server from the Client, including the processing result, with 1-second accuracy.

"Server" is software product which processes the Clients’ orders and requests, provides information about financial market trades in real-time mode (quantity defined by the Company), taking into account mutual obligations between the Client and the Company, and adherence to the conditions and restrictions.

"Short position" – selling the instrument with a view to the rate decline. With respect to currency pairs: when the base currency is sold using the quote currency.

"Spike" – the price quote that meets the following conditions:
- there is a considerable price gap;
- a short-term price returns to the initial level creating a price gap;
- no rushing price dynamics prior to this price quote;
- no macroeconomic events and/or corporate news noticeably influencing on the instrument price at the moment of this quote break out.
The Company has the right to remove information that concerns non-market quote (Spike) from the quotes data base of the server.

"Spread" – the difference between Bid and Ask (in pips).

"Streaming real-time quotes" – a chain of quotes for every instrument imported to and seen in a trading platform, the mechanism of providing quotes to the Client by the server, visible in the realtime mode, using which the Client is able to send an order to the server to conduct a trade at every moment.

"Stop out" – forced order to close a position generated by the server.

"Swap" – a payment taken for carrying an open position overnight. It can be either positive or negative. A chart, defining swap values for each instrument, can be found at GAINSY official website.

"Trailing stop" is the stop loss (SL) order management algorithm:
- if an open position profit does not exceed the trailing stop level, do not take any actions;
- as soon as the open position profit exceeds the trailing stop level, send an order to the server overriding the SL order by a distance that equals the trailing stop value of the current price;
- as soon as the interval between the SL order and the quote exceeds the trailing stop, the server will change the order level, so that the distance between the order and current price is equal to the trailing stop.
The trailing stop works when the Client terminal is launched, connected to the Internet and successfully authorized by the server.

"Trailing stop value" – the value of the parameter “trailing stop”, set by the Client.

"Thin market" – a state of the market, when there are less quotes than normally imported in the trading platform for a considerable period of time. As a rule, this type of the market condition occurs during Christmas holidays, national holidays in G8 countries and between 23:00 P.M. - 3:00 A.M. (GMT+2) etc.

"Ticket" – a unique identification number assigned to position or pending order in a trading platform.

"Trading account" – unique personalized log of all operations recorded on the trading platform, where completed closed transactions, opened positions, non-market operations and orders are reflected.

"Trading operation size" – the quantity of lots multiplied by the lot size.

"Trading operation/trade" is purchasing/selling the instrument carried out by the Client.

"Trading platform time" – the time zone in which the events registered in the server log file occur. At the moment of the present Agreement publication it is GMT+2.

"Trading platform/terminal" – a set of software and technical facilities that supports receiving information on trading carried out on financial markets in real-time mode, conducts trading operations, takes into account mutual obligations between the Client and the Company, and enforces observing conditions and restrictions. In simplified form for the purposes of the present Agreement consists of the “Server” and the “Client terminal”.

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リスクについて:FX取引には高いリスクが伴います。高いレバレッジ、低いマージン、そしてFX市場の変化により相当な損失につながる可能性があります。GAINSY社のお客様は、市場でのポジションを高めたり、制御するための全ての初期資産、追加資金を全て失う可能性があります。あなたもFX取引を通じて投資資金全額、またはそれ以上の額を失う可能性があります。従いまして、損失の許容範囲を超える投資は行わないで下さい。通貨取引は、関連する経済的、法的、および他のリスクを理解、許容し金銭的損失に耐えることのできる方にのみに適しています。FX取引に関連する損失のリスクは無視できません。FX取引を開始する前にくれぐれも取引に関する財政状況についてご検討ください。

Funds investing in PAMM Accounts and their further usage do not guarantee profitability. The Company provides its clients with PAMM Account service, but is not involved in the Offer and does not manage clients' funds. Through PAMM Accounts the Company regulates interactions between Manager and Investors, which includes funds acceptance and return, PAMM Accounts monitoring, distribution of Manager’s and Investors' funds.

Please, pay attention, the Company does not provide its services to the citizens of the U.S. and some other jurisdictions. Please, see Client Agreement for more information.

注意:第三者のロゴ、マークはそれぞれの所有者の登録された商標です。

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