Terms & Conditions
This Agreement is entered into by and these Terms & Conditions (hereinafter referred to as the “Agreement”) shall regulate the relationship between Crypto de Suisse, with company No. 24840 IBC 2018, and registered at: Hinds Building, Kingstown, St. Vincent and the Grenadines (hereinafter referred to as the “Company”), and the user (a natural or legal entity) (hereinafter referred to as the “Client”) of www.Crypto de Suisse.com (hereinafter referred as the “Website”).
- The Client confirms that he/she has read, understood and accepted all information, conditions and terms set out on Website which are open to be reviewed and can be examined by the public and which include important legal Information.
- The terms of this Agreement shall be considered accepted unconditionally by the Client upon the Company’s receipt of an advance payment made by the Client. As soon as the Company receives the Client's advance payment, every operation made by the Client on the Trading Platform shall be subject to the terms of this Agreement and other documentation/information on the Website.
- The Client hereby acknowledges that each and any Operation, activity, transaction, order and/or communication performed by him/her on the Trading Platform, including without limitation through the Account, and the Website, shall be governed by and/or must be executed in accordance to, the terms and conditions of this Agreement and other documentation/information on the Website.
- By accepting this current agreement, the Client confirms that he/she is able to receive information, including amendments to the present Agreement either via email or through the Website.
- A client that is a legal entity can register with the Company not through the Website but by sending an email with its request to email@example.com . All terms and and conditions contained herein, including without limitation to 1 to 5 above, shall at all times be applicable to the Legal Entity and the latter shall conform with such terms and conditions, obligations and rights at all times.
- Account – means unique personified account registered in the name of the Client and which contains all of the Client’s transactions/ operations on the Trading Platform (as defined below) of the Company.
- Ask - means the higher price in a quote. The price the Client may buy at.
- Bid - means the lower price in a quote. The price the Client may sell at.
- Classic Options - means CFDs on stock options.
- CFD (contract for difference) - means a tradeable contract entered into between the Client and the Company, who exchange the difference in the value of an Instrument, as specified on the Trading Platform at the time of opening a Transaction, and the value of that Instrument at the contract’s end.
- Digital Option Contract - means a type of derivative instrument where the Client earns a payout if they correctly predict the price movement of the underlying asset at the time of the option’s expiry. The prediction can be made as to whether the value of the underlying asset will fall above or below the strike price at time of expiration.
- Execution - means the execution of Client order(s) by the Company acting as the Client's counterparty as per the terms of the present agreement.
- Financial Instruments - means the Financial Instruments as per paragraph 2.4 below that are available on the Company’s Trading Platform.
- KYC documents - means the documents to be provided by the Client, including without limitation to the a copy of the passport or ID and utility bill of the Client, in case it is a natural person and/or certificates showing the management and ownership going all the way up to the ultimate beneficial owner, in case it is a legal entity, and any other documents the Company may request upon its sole discretion.
- Market - means the market on which the Financial Instruments are subject to and/or traded on, whether this market is organized / regulated or not and whether it is in St. Vincent and the Grenadines or abroad.
- Market Maker - means a company which provides BID and ASK prices for financial instruments.
- Operations – means actions performed at the Client’s Account, following an order placed by the Client,, connected with but not limited to crediting of funds, return of funds, opening and closing of trade transactions/positions and/or that relate to financial instruments.
- Prices - means the prices offered to the Client for each transaction which may be changed without prior notice. Where this is relevant, the “Prices” given through the Trading Platform include the Spread (see definition below).
- Services – means the services described in section 3 of this Agreement.
- Spread - means the difference between the purchase price Ask (rate) and the sale price Bid (rate) at the same moment. For avoidance of doubt, a predefined spread is for the purposes of this Agreement assimilated commission.
- Trading Platform - means an electronic system on the internet that consists of all programs and technology that present quotes in real-time, allow the placement/modification/deletion of orders and calculate all mutual obligations of the Client and the Company.
2. Subject of the Agreement
- The subject of the Agreement shall be the provision of Services to the Client by the Company under the Agreement and through the Trading Platform.
- The Company shall carry out all transactions as provided in this Agreement on an execution-only basis, neither managing the account nor advising the Client. The Company is entitled to execute transactions requested by the Client as provided in this Agreement even if the transaction is not beneficial for the Client. The Company is under no obligation, unless otherwise agreed in this Agreement and/or other documentation/information on the Website, to monitor or advise the Client on the status of any transaction, to make margin calls, or to close out any of the Client’s open positions. Unless otherwise specifically agreed, the Company is not obligated to make an attempt to execute the Client’s order using quotes more favorable than those offered through the Trading Platform.
- The Investment and Ancillary Services which the Company should provide under the terms of the Agreement are stated below, and the Company will provide them in its capacity as a market maker under the terms of this Agreement. The Services that the Company provides in relation to one or more Financial Instruments are the following (the list below shall not be regarded as exhaustive):
a. Reception and transmission of orders in relation to one or more Financial Instruments;
i. Execution of the orders on behalf of the Clients.
ii. Dealing on Own Account.
iii. Portfolio Management.
iv. Investment Advice.
b. Ancillary Services
i. Safekeeping and administration of the Financial Instruments for the Client’s Trading Account, including custodianship and related services such as cash/collateral management.
ii. Granting credits or loans to one or more financial instruments, where the firm granting the credit or loan is involved in the transaction.
iii. Foreign exchange services where these are connected to the provision of the Investment Services.
The Company does not provide investment, tax or trading advice unless specified as such between the Client and the Company in a separate agreement. Our services include ‘execution only’ meaning that the Company will act on your instructions and will not advice you on any transaction, nor will we monitor your trading decisions to determine if they are appropriate for you or to help you avoid losses. You should obtain your own financial, legal, taxation and other professional advice.
- Financial Instruments (the list below shall not be regarded as exhaustive):
a. Digital Options and/or Binary Options Contracts in stocks, commodities, indices and currency pairs;
b. Financial Contracts for Differences (CFDs) in stock options, stocks and currency pairs (FX);
Trading in CFDs and other derivatives does not give you any right, voting right, title or interest in the underlying instrument of the Transaction. You understand that you are not entitled to take delivery and are not entitled to ownership of any underlying instrument. CFDs and other derivatives are not traded on a regulated exchange and are not cleared on a central clearinghouse. This exchange and clearinghouse rules and protections do not apply. The Company reserves the right to, at its sole discretion and for all CFD products, impose the following expiration times: daily/weekly/monthly and/or no expiration at all.
c. Financial Contracts for Differences (CFDs) in cryptocurrencies for short/sell transactions. It should be noted that the client can only trade CFDs on cryptocurrencies exclusively on short/sell transactions. Subsequently, where the Company makes any reference related to CFDs on cryptocurrencies including inter alia, in the Company’s Terms and Conditions, Order Execution Policy, General Fees and any other relevant document included in the Company’s website, it should be understood and agreed that the statement ‘’CFDs cryptocurrencies’’ only refers to short/sell transactions. For further information please read the Company’s Cryptocurrencies Terms and Conditions. The Company reserves the right to, at its sole discretion and for all CFD products, impose the following expiration times: daily/weekly/monthly and/or no expiration at all.
d. Cryptocurrencies On its Website the Company is entitled to provide financial services of Contracts for Difference (CFD) with intrinsic protection (Protected CFDs). The risk of loss for Protected CFDs is limited to and does not exceed the sum invested by the Client in a particular CFD contract with the addition of any trading and/or ongoing trading fees incurred as a result of opening such CFD. Clients may choose to opt out from the features offered by Protected CFDs by choosing the option to use the balance in their trading account in order to keep a CFD position open (“CFDs on margin”). In this instance, when the loss for a position reaches 95%, an additional 20% of the original investment amount is reserved from the Client’s account. If the CFD position takes further losses, the Client’s available balance is further reduced by 20% accordingly. The Client can limit the additional funds reserved on his account balance by specifying his acceptable level of loss for a CFD position. In both features of CFDs described above, the Company offers negative account balance protection i.e. the Client’s losses may never exceed the total amount of funds available in the Client’s account. In addition, the risk of loss in relation to the corresponding potential benefits for CFDs described above, is reasonably understandable in light of the particular nature of the proposed financial contract.
- Subject to the provisions of this Agreement, the Company agrees to provide the Client with the Services subject to the Client:
a. Being of age of maturity in accordance with the jurisdiction he/she resides in or is a resident of, is of legal competence and of sound mind.
b. Not residing in any country where distribution or provision of the financial products or services offered by the Company would be contrary to local laws or regulations. It is the Client’s responsibility to ascertain the terms of and comply with any local laws or regulations to which they are subject.
c. Not being a citizen or resident of the following jurisdictions: USA, and OFAC sanctioned countries .
- The Company will offer Services to the Client at the absolute discretion of the Company subject to the provisions of this Agreement.
- The Client is prohibited and shall not, under no circumstances, be allowed to execute any transactions/Operations on the Trading Platform, Website and/or through his/her Account, that would as a result exceed the total balance and/or amount of money deposited/maintained with his/her Account. Such deposited amounts shall be considered to have been provided as collateral, either in the form of a lien or otherwise, to the Company by the Client by which the obligation of the Client to pay any money to the Company is secured.