ffir

Aount Holder:
v.2s.03.201r

Aount number:
(to be fil|ed by Dukscopy urope)

II.IAREPLAE RAD|NG AGRi'N

This doument govems the business re|ation between Duksopy urope

abovementioned count ho|der s its "Glient". Aess to nd use of an aount and of Duksopy urope's servies by the Client are subjet to ompliane with a|l terms and onditions set forth hereinafier.

ls As (.Dukscopy

Europe'') nd the

1, (i)

Definitions nd lnterprettion

1'1 . ln the present Marketplae rading Agreemnt the fo|lowing tms shal|, unless the ontext othewise requires, have the fo||owing meanings and my be used in th singular or lurl as approprite:

..Conditions'' shall men the present Mrketple Trading Agreement and its annexs if n, re|ted to the Servies, the use and ess of the SWFX arketplae ading System nd y other website nd/or inteface

(ii)
(iii) (iv)

povided by Dukasopy urope; ,.Servies'' shall m ny servies offered by Dukscopy urope, in|uding without limitation ureny xhnge, FORE transations, as wel| as anil|ry servies, as available to the C|ient and at the onditions set forth from time to time on Dukasopy urope's website and/or the SWFX Marketp|ae radig System; ..Base ureny'' sha|| be the referene Ureny ageed by the C|ient and Duksopy urope bfore openig a partiul aount with Duksopy urope; ',Client,' sha|l me the aount-ho|de eferred to in the heading of these Conditions,

(v)
(vi)

..Communiation" sha|l mean instrutions, orders, douments, |ogs' FoR trading ativity and any othr
iformtion addressed to a party by the other;

,.Counterparties,' shal| mean bnks, brokers nd/or marketplaes nd/or any lient or prter of Dukspy urope, or Duksopy Bnk nd its affiliates, partiipating in the transations exeuted n the SWF Maketp|e rading Sstem; (vii) ..FoR', o "F'' sha|| mean over.the-ounte foreign exhange transations on urrenies, ither leveraged or not, t the oditions available from time to time on the SWFX arketp|ae rdig system;

(viii) ..F rading Line,' sha|| mean an overa|| exposurr

(ix)

|imit for the transtions to be exuted for the aount of the Client' where ,exosu'' sha|| men the tota| amount of eh patiu|ar ureny owned or due by the C|ient in its reiation to Duksopy Europe, as determined by Dukasopy urpe taking into aount th funds repaid by the C|ient in the Base Curreny and the |everage ftor determined by Dukasopy urope' if any; .Liquidity', partiu|ar

sh|| men the abi|ity to sel| r buy ny

(x)

amount f urnies or any other instruments;

(xi)
(xii)

cIl' shal| men a situation when margin equiremets do ot a|low the C|ient to inrse the total open exposure on his ount; ..argin Cut', shal| mean a sitution when margin equiremets fore Dukasopy urope to |os prt of the C|ient's positios or to exeute a trade (margin ut trade) for the Client as to redue the ounts exposure; ,.larket Ruls,' shal| men the ru|es, regu|atios, ustoms nd praties of ny exhange orgnistion, learing house or mrket(plae) involved in the onlusion, exeution r sett|ement of a transation ordeed by, or to be arried out on beh|f of' the Client nd any exerise by y suh exhnge orgaisation' leing house or market of any power or authority oferred to it;

..Mrgin

(xiii) .,SWFX lUarketple rdig System,' sh|l refer to the software / hrdwre omp|e essib|e through the website of Dukasopy urop, in|uding al| programs and aess points enab|ing the C|iet to perform the trading' suh as the trading pltform, AP|' et;

as available at any time for trading on the SWFX Marketp|ae rading System, inluding precious meta|s or bul|ion
applible.

1.2. Referene to "urreny', or "urenies'' throughout these Conditions sha|l be deemed referenes to any Urreny
if

1.3. erms defined herein shl| have the same meaning in ny and a|l other documents related to the opening of the C|ient's aout with Duksopy uope and deemed to be part of the patis agreemt, exept if otherwise speified in the relevnt doument.
L|esa 20A-1' LV-101 1, Riga, Latvi e|: +37,l 672832s4

Dukasopy urope ls As

ffi
1'4. Referenes to prrsons sha|| inlude individuals, oporale bodis, unincoorated ssoitions, prtner-ships nd any other entities. Words denoting a gender sh|l inlude ll othe genders. Referenes to a Setion or Setions or to a C|use o C|uses shal| b deemed referenes to the resptive setion(s) or luse(s) of these Conditions. Hedings and notes hrein are for referne on|y nd sh|| ot affet th onstrution and interetation of the Agreement.

2.

Sope ofthe Agreement

uope shl| a||ow th C|ient to aess the Srvies either on mnul or on semi. or ful|y utomati

tading mod.

2.1. Duksopy

amended from time to time and without prior notie to th Client' sha|l pply in addition to these Conditions. he Client undertaks to onsu|t and review regulady Dukasopy urope's website and the sWF arke|ae ading System, in oder to be timely informed about any hnges in respet of those onditions nd the Servies in partiular.

2.2. Speifi onditions publishd on Duksopy urope's website nd the SWFX arketplae rding System, as

2.3.

ln ase of joint ount with more than one persons as Client(s)' th |iabi|ities st forth under thes Coditions shll be demed to pply to eah of suh persons jint|y and sever||y. However, Duksopy Europe may deid to at upon instrutios from, or to enfore its rights agaist, on of suh persons onIy.

3. (i)

Client'sObligations
ob|igd:

3.1. The Client shal| be

to povide Dukasopy urope with the nessary initia| or subsequent ssets for the granting of the F ding Line, either by prepayment of the amount agreed with Duksopy uope d in a ureny eptab|e to it in the ..mgin', form of a deposit on the Client's count with Duksopy urope, or by providing Dukasopy urope with bank guarante in a form aeptable to Dukasopy urope, ny othr assets which my at Dukaspy uope's disretion be deposited with third p ustodians); the margin equirements as avai|b|e on Dukasopy urope's website nd s mended from time to time are binding on the parties d app|y dditionally to these Cnditions;
to ompensate Dukasopy urope for any and al| fees, taxes, losses' expenses, disbursemnts and ommissions inurred by Duksopy urope in onnetion with the performane by Dukasopy urope of its duties under these Conditios;

(ii)
(iii)

to remunerate the Servis s further set out in Setion 8 (Remunertion, oprationl Premiums, Expnses and Commissions) be|ow; th ommissio po|iy as avai|ab|e on Dukasopy urope's website and s amended from tim to time is binding on the parties and pp|ies as an integra| part of these Conditions; banking moey transfer fees ssoiated with ny trnsfer, sftlement or move.ment of funds or ssets on the C|ient's beh|f;

(iv) to pay any

(v)
(vi)

to pay the neessary amounts if any, as requested by Dukasopy urope, to ler a negtive blane of the
C|ient's aout:

to hk on regu|r basis his/her ount statements ad trading history nd reords, s available onlie, and immediately notify Dukasopy urpe of ay error or inonsisteny he may disover; ay failure to do so in timely fshion sha|| be onsidered as an irrevoable on|usive aceptae of the pub|ished aount statements, trading history and reords b the C|iet. he Client's liability shall not be limited to the mount of funds on his aount r th guaantes otherwise provided

3.2'

y the C|ient to Duksopy urope'

4.
4.1

Dukasopy'sobligations

' Dukasopy urope shal| provide th Servies by exeuting the Client,s trading orde subjet to the abi|ity of Dukasopy urope to find ppropite Liquidity and to provide exeution ove the sWFx arkele Trding System.
Dukasopy uope shal| further:
provide the C|ient with the agreed FX rading Line upn reeipt of the initil trsfer of the funds;

4,2'

(i) (ii)
(iii)

make all possible endeavours to exeute the C|ient's trading orders vyhereby the C|ient aknowledges, reognises nd aepts that Dukasopy urope Glnnot and sh|l not guarantee the exeution of the Client's orders and sha|l .t3 not be |iable for any failur in the exeution press (see nme|y without limittion Setions 8, 10 12 and
below). provide the C|ient with the withdrwal of his funds upon first request, provided that a|| positions of the C|ient re losed, ll sums due to Dukasopy urope hav been paid' and tht the Client omplies with the proedure stipu|ated in Setion 9'.|3 of this Agreement;

,t Laplesa 20A.1 ' LV-10.t , Rig, Latvia el: +371 67283294

Duksopy urope lBs As

?,10

ffi
(iv)

ureny xposure maintained for eah of the C|ient's aounts.

5. 5.1.
(i)

provide the C|ient with n|ine history of the transctions exeuted and with ount sttements showing the mu|ti-

Client's Rights
The C|ient shall hve the right:

to rquest from Duksopy urope his trding history reports (whih shall be vai|abl online on Duksopy
urope's website and an be printed out using to the C|ient's psonal login ad password at any time);
to request fu|| or prtial withdrawa| of funds by sending the withdrawa| request fom to Dukasopy urope, provided that a|l trding positions of the C|ient are closed nd Dukasopy urope has deduted al| amounts due under the Agreement; if some positions are stil| opened upon reeipt of the Client's withdrawa| order, Dukasopy urope shll be entifled to onsider suh withdraw| instrution s n instrution to |ose al| positions either immedite|Y or at suh time s Duksopy Eurpe deems aceptable;

(ii)

(iii)

to b provided by Dukasopy urope, upon written request, with information about payments of fees nd retroessions by Dukasopy urope to the Client's ttomeys (e'g. extemal managers) or to any third pa, to the
extent that suh amount n be lulated nd l|ottd to the c|ient's out with resonable efforts.

6. (i)

RightsofDuksopyurope
shll hve the right t its disretion: to rejet ny order or instrution of the Client or his authorised representative{s) name|y - without limittion - if the mrgi on the Client's aount is not suffiient to ensure, in Dukasopy urope's so| ppreiation' the exeution of the espetive trnsation(s);
to anel or adjust any trnsation of the Client;

6.1. Dukasopy urope

(ii)
(iv)

(iii) to

proure on beh|f and for the unt of the Client any and al| trads rquestd by the Client or deemed neessary by Duksopy Europe;

to lose any op positions reltive to the Client aount upon the reeption of withdawl request,

(v)
(vi)

to onvert an monies deposited by the C|ient ito suh other urreny at suh xhange rate it may free|y selet, s often s Duksopy urope may deem neessary or desirble to ove any of the C|ient's obligations and liabilities;

to offset at any time against eah other the balnes of al| ounts and subaounts f the Client regard|ess of the resptiv Base Curreny, or to offset eah blane individul|y' or to ombine or onso|idate all or any counts nd subacounts to set off any amount due by the C|ient against any amount du to himher by Dukasopy urope, at an time nd irrspetive of whether the amounts due by the Client are due and payb|e o not nd iespetive of the urreny in whih the respetive |ims are denominated; the event that suh suspension is, t the so|e disretion of Duksopy uope, neessary in order to omply with
app|ible |egislation and/r equests and orders by ompetnt authorities;
in

(vii) t suspend the aount of the C|ient, in|uding without limittion the reeption and exeution of trading orders,

tanstions or ustomes, or to disontiue transmitting any or al| information, or to refuse failitating o preeding any or a|l transations, or to refuse al|owing aess to and use of the SWFX arketplae adig System' in the event that, at Dukasopy urope's sole disretion, ny of the foIlowing irumstanes oUr:

6.2. Notwithstanding any other provision of these Cnditions, Dukasopy urope shl| be entit|ed to restrit aess to, or to impose limits, suspend, stop or ane| tading on the SWFX Marketplae rading System (in|uding' without |imitation, disontiuing the Client,s use f the AP|)' either gneally or in respet of prtiular urreny pirs,

(i)

Client's margi aout ba|ane is insuffiient to keep ope positions. | suh ase, Dukasopy urope is etifled to, at its own disretion nd without |imitation or notie to the C|ient, to derease exposure by pp|ying its Margin Ca|l and argin Cut po|iy tht involves losing of exposures/psitions andlor opening/utting of positions;
Fu|l or partial fai|ure of the SWF Marketplae rding System, inluding failure of the tehno|y onstituting the sWF Marketplae rding System or any of the Commuiations linked to the SWF Maketplae Trading System or between the SWF rketple rading System and the Client and/r any of the Counterparties, or any other irUmstane s a esult of whih it is ot patiable for Dukaspy urope to use the SWFX Marketplae rading System or for it to enble its lients to use the sWFx Mrketplae rding System;

(ii)

(iii) (iv)

Breah of seurity of the SWF Marketp|ae rading System;

Mteria| breah by the C|ient of his obligations under these Conditions or any other agreemet with Dukasopy urope (inluding, without |imittin, the Aount opening Doumentation); Dukasopy urope ls As

Lap|esa 20A.1 ' LV-10.l 1 ' Rig' Ltvi e| +371 67283294

311

(v)
(vi)

Non-omplin of the C|ient with any ppliab|e laws;

M*et onditions genera|ly or onditions with respet to partiu|ar ureny pair or a single Urrny redering
neessary o desirab|e, t Dukasopy urope's so|e disretion' to do so;
or insuffiient Liquidity on the mrket.

it

(vii) Absene of Liquidity

6.3. Ay ations taken by Duksopy urop Ursunt to this Stion 6 may ontinue for suh tim period as
Dukasopy Europe easonably determines it to be neessary or desiable,

6.4. |n order for pries to be quoted on th SWF rketp|ae Trading System with the swiftness norml| assoiated with speu|ative trading, Duksopy urope and its ffi|iats may hve to re|y on vailble prie or other information that my |ater prove to be fu|ty. ln suh se, Dukascopy Europe my anel or adjust the trad with the Glient, but shl| do so within resonable time and shall provide the C|ient with a fU|| explanatin for the reson for suh ncel|tion.
Mrketp|ae rading System {inluding, without limitation, the prie feed(s) thereon), its onfigurtion, otent and funtiona|ity may be modified t ay time and t the so| disretion of Dukasopy Bnk and its ffi|ites, in|uding without limitation: (i) the parameters and protools by whih th tading ordes are plad, routed, mtched or othewise proessed by the sWF rketp|ae rding System; nd (ii) the avai|bility of the sWF Marketple Tradig System with respet to partiular Ureny pirs or transatios at ny partiu|ar time or |otio.

6'5. The SWFX

6.6. Duksopy Europ is entit|ed to transfer al| prsona| data of the C|ient' trnsation reords and l|

other information submiftd by the Client or otherwise obtined durig the ourse of the busiess re|tionship, to its f{i|iates or Counteparties, in order to fai|itate the onsummtion of, ad to disharge its obligations under, this Agreement.

7.

F rading Line
|egai and eonomia| status of the funds on the C|ient,s aount shall be onsidered s the prepayment for the

7.1. he

F ading Line grated t the Client by Duksopy.

7 '2' The amount of the FX rading Line shal| be lulted by Dukasopy urope in the Base Cureny, by mu|tip|ying the equity on the C|ient,s aunt by the leverage grnted to the Clint as detemined by Dukaspy uope.

7.3. he lverage provided to the C|ient by Dukasopy urope sh|l be subjet to hanges at the so|e disretion of Dukasopy uope, aording to its usual pratie onsidering the gener| F market irumstanes' th equity on the
C|int's aount, the type of trding ativity of the C|ient, the day of th week, the ho|idys |endar and other fators.

7.4. Dukasopy uope shl| be

entit|ed to use and operate with the equity on Clint's aount to obtain from third parties suh F tradig lines that are neessry to provide the orresponding F rading Line to the Client.

mount o his aount. he tota| ba|ane of the C|ient's aount must t all times be equ| to or higher thn USD 20 (twenty United Sttes Dol|as) or its equivlnt in any other urreny. Dukasopy urope shll be authorised to lose' with prior notie to the Client, |l ounts whose tota| balne remins below USD 20 (twenty United Sttes Do||ars), or its equiva|ent in any other Ureny, for six a|endar months, nd to debit their totl balane as aGount losing fee in se of absene of withdrawal instrution reeived from the Client within the notie eriod.

7.5. he C|ient sh|l be sole|y responsib|e for monitoring and ensuring suffiieny of the prepaid F rading Line

'6' ln the event tht the C|ient deposits funds ito his aunt with Duksopy urope using redit rd paymet, the maximum possible deposit mount is |imited to UR 4'000 (one thousand uros), UsD 5'000 (five thousand US do|ls) or GBP 3'500 (three thousand fiv hundred British pounds), depending on the hosen Urreny, per paymet tansation.
7

7.7' Th C|ient agrees that the withdrw| of funds from the ount where there is a mu|ti-urreny exposure (i.e., whi|e he uses the FX Trading Line) may resu|t i ful| or partial |osure and sett|ement of ertain and/o a|| positions in different urrenies. herefoe the C|int authoriss Dukasopy t parti||y or fu||y lose t its fu|| disretion any and al| mu|ti-urreny xposures of the C|ient in order to proeed to instruted withdrawal,

8.
8.1.

Remuneatio, opertionl Premiums, xpenses nd commissions

For the exeution f the tading ordes of th C|ient and the maintining of the Client's multi-urreny exposue d margin aount(s)' Dukasopy uope shal| diret|y debit a ommission from the Client's ount{s). he ommission varies aording to the type of oprations performed by Duksopy urope. Additionl mark-up may be harged to lients hving aess to third pa softwe or trding systems.

.2' If ommissions harged to the Cliet re not in|uded in the prie of the Servies, Dukasopy urope shl| provide on|ine trdig history statments mentioning detai|s of the trding operations, acount b|nes and ommissios harged. Upon written C|ient's request, Duksopy urope sha|l provide onIine ount sttements where ommissions are inluded in the exeution prie of eah trnsation.

Lp|es 20A.1 ' LV.101 1, Rig, Latvi el: +371 672832s4

Dukasopy Europe ls As

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9.
Use of the sWFx Mrketplae Trading System nd Client's |nstructions
sh||

9.1. he Client sha|l aess th Sevies through the SWF Marketple rding System. rading orders

norm|ly be pssed by using the fai|ities avi|ble on th respetive interfa. A|ternative|y, the Client may giv trading instrutions to Dukasopy urope by telephone, nme|y if for any rason he is not b|e to get ess to his trading pltform. he C|ient may request further tehnil ssistane by ontating supprt@dukspv.eu.

9'2.

Dukasopy urope sha|| provide the C|ient with its unique PlN, |ogin and password to enable him t aess the a||ow the Client to Use the Servies and to ommuniate with nd give instrutions to Dukspy urop. The Client shall keep thos odes seret and protet them aginst misuse' h C|ient is required to hnge his passwod regulrly, He sha|l be responsib|e for the loss or misuse of suh identifition odes and shll ber |usive |iabili for any onsequene of their us by unuthorised persons.

SWFX ketple rading System. hey

9.3. Anyone aessing the Servies or instruting Dukascpy urope by eletroni means or by phone and idntifying
furthr investigation from Dukasopy Europe. Duksopy urope remains however fe

himse|f through suh idetifition odes shal| be demed to b th Client or his authorised representative, without an to request additionaI idntifition elements at ny tim to verify the C|ient's idetity.

9'4'

he C|iet may request Dukasopy urope to blok his identifiation ods. Suh blokage may be only |ifted at speifi instrutions of the Client.
stritly o

9.5'

he C|it akowtedges the eletoni nature of the SWF arketp|e rading System whih sha|l be provide ,,AS .WlH LL lTS FAULS" bsis'
|S" nd

9.6. Dukaspy uope ma provid the C|ient with or al|ow the G|ient to make us of ertain programming tools to *AS |S'' nd w|H ALL |s fi|itate the p|nning of the trading tivity of the C|int. Suh too|s sha|| be providd on p|anning the trading orders shal| be provided x|usively for the nveniee of FAULTS" bsis. Al| tehnia| fai|itis of the C|ient at the so|e disretion of Duksopy urope, nd shl| be used by the Client at its own risk and osts.
progrmming tools and of other eletroni ommuniation too|s, tht h hs rd and aepted the doumet entit|ed .elease in respet of the use of mens of teleommuniation"' nd releses Dukasopy fiom any |iabi|ity on whtsoever groud in that respet.

9.7. he C|iet knowledgs that there re risks inherent to the use of th SWFX Mrketp|ae adig System,

Dukasopy urope sha|l, as app|iabIe, onfirm oders reeived in writing, by e.mail or by phone' he exutio of an rder mens onfirmation of it. Any unonfirmed ordes are nsidered s null and vid.

9.8. o be osidered s v|id, eah trading order hs to b both reeived nd onfirmed by Dukasopy urope.

9'9.

Upon eeipt and onfirmtion of a trading order, Dukasopy urope shll mke a|| possib|e endeavours to exeute it in ordne with the terms set out herein. Dukasopy urope will endevour to eeute further Clint's istrutions reeived during regular offie business oeing hours ad within reasoab|e delys.

9.10' In the event tht the Cliet plas a trading order by te|ephone due to the unavailabi|ity of the trading p|atform outside of the business hours of Duksopy urope, Dukasopy urope sh|l be entitled to amend the onfirmation, in|uding the parameters of the order, i th ourse of the fo|lowing business day. he Client aknowledges that y onfirmation issued ove the phone in suh an event is not fina||y bindig upn Dukasopy urope'
9..t1. Dukasoy urope reseves its disretionary right not to exeute C|ient's instrutions and to request a written nfimation in original prio to poeeding. Duksopy urope sha|| hve no liability whtsoever towds the Client or any person rising fom suh refusal to exeute the Cliet's instrutions.
9',12. Without so being ob|iged, Dukasopy urope my request the C|ient or the Client's uthorised ttoney, if ny' to

flsifition by nn-authorised third parties f the C|ient,s name, signture, e-mai| ddress r other designtion o of the nme or signatue of any prson(s) having signig authority andlor limited general power of attomey over the Cliet's
aount(s). 9.13. Should the Client wish to withdaw l| or part of his funds deposited with Dukasopy urope and/or lose his

give suh indiations whih will allw Dukasopy urope to estab|ish the |tte/s' identity. ept in ases of gross negligene or wi|fu| default, Duksopy urope sha|l ber no |iabi|i on whatsoever ground in se of buse or

.Withdrawa| of funds / C|osing of ount request'' form, as vi|ble on Dukasopy aunt(s), he sha|l use th urope's website, duly ompleted and signed. he Client shll further be resnsible for ensuring tht Dukasopy Europe has reeived suh form' by ontting Dukasopy urope (e.g. by phone).
9.14. |f the Client's aount is joint Unt, the ho|ders of that acount shall be jit|y |iab|e. This notwithstanding' Duksopy urope may at un instrutions reeived from any of them'

,|0. hird

Party P|atforms d hird Party Trading Software

10.1. Duksopy Europe is not liab|e for any third prty trding nd advisory softwre and/or solutions or systems b whih the C|ient n trade nd/or n be ssisted in making investment deisions. Nor is Duksopy urpe |ible for Dukasopy Europe ls As

Lplesa 20A-1 ' LV-101 1 Riga' La ' el: +371 67282s4

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the app|iation, imp|ementation nd orret funtioning of ny third prty |gorithms avilable on the mrket and strtegy pogrmming servies avilable to utomate or to he|p the Client's trding ativi.

11.
,t

C|ient's Wrranties & Representtions

he Client warrants and represents that:

1..|.

(i) (ii)
(iii) (iv)

He is rrying out nd wi|l t any tim arry out il transctions on the SWFX Marketp|ae rding Systm on wel|-onsidered basis and not as gmbling or a Wager;
He is ab| to undestand, and atually undrstands, the risks inherent to FoR' s summarily set out in Setion 12 (Risk Dis|osure and Aknowledgement) blow and the related douments' and is wi|ling and b|e, finncil|y nd otherwise, to assume suh risks; He undetands th trnstins and is famiiiar with the regu|tions of the markets de|ing in FoR instruments;

H is in mp|ine with l| laws to whih he is subjet' in|uding, without |imitation, |l tx laws and egulations, exhange ontro| requirements and registrtion rquirements and has obtined al| neessary onsents, |ieses. et. from ompetent uthorities to enter into and perfrm al| his obligations unde the Agrment or any of its
provisions;

(v)
(vi)

He is not under ny |eg| disbi|ity and is not subjet to any |aw or regu|tion whih would prevent him to eter into and perform a|| his ob|igtions under the greement or ay of its provisions; nd

he information povided by the Cliet to Dukasopy urope is omplete, aurate and not misleadig in any
mterial rest.

11.2. he C|ient know|edges, reognises nd understands that trding i FORX instruments may be either prohibitd or stritly regu|ated in etin jurisditions. he C|int sha|l inform Dukasopy urop of any restritions pp|iab|e to him. he Client knowledgs, reognises and understnds that he alone shl| be |ible for ny onsequenes that may resu|t from fi|ing to provid Duksopy urope with suh information.
1,l .3. he above warrnties nd represettins sha|| be deemed ontiuous and rpated in the future, for the duration of the C|ient's e|atinship with Dukasopy urope, eah time the Client and/r his authorised representative(s) acsses

the Servies'

12.
12.,1

Risk Dis|osure and Aknowledgement

' The C|ient aknow|edges, reognises nd understiands that trding in FORE transtions:

(i) (ii)

is highly speu|ative,

exposes the finaia| situation of the Client to a very high degee of volatility vih may use very substantia| movements in the |evel of the Client's multi-urreny exposure, my ivolve n extreme|y high degree of finaia| risk whih may ause losses in eess of the mount of equity
prepaid by the Client; is approprite o|y for persons who, if using an F radig Lie or trade on ny form of |everage, an assume isk of loss in exess of the prepaid equity.

(iii)
(iv)

NoP

(net ope position) limit or using

12.2'The C|ient aknowledges, reognises and understnds that this Setion 3 does not desribe all risks relatig to the exeutio and holding of F transations, and onfirms that he hs the apaity to ssss and undestd (either by himself or with the advie f his ow finial, |egal nd/or tax advisors) the risks ssoiated with suh trnstions. The ,.Risks in Foreign xhange rding" has been provided to the C|ient.
brohure 12'3. The Client aknow|edges, reognises ad epts that:

(i) (ii)

e is wi|ling and b|e, finanilly ad otherwise' to assume the risk of tading in speu|ative invstments;
flutuation on markt wi|l be ntirely fo th Client's aount nd risk;

When the Client enters into any trastion related to the Servies, any profit or |oss rising as a result of
C|ient's investment deisions wi|l be based solely on his own eva|ution of the mrket, his finail irumstanes and investment objetives; the C|ient agrees not to ho|d Dukasopy urope |iable for any tading losses or othr damages or losses inurred by the Client; h ongoing maintenane of multi-urreny exposure may expose the Client to inreased risks of losses nd may inrese signifiant|y the amount of the |osses that my be suffered by the Client in onnetion with a partiu| F transation exeuted within the sope of the Servies; th Client agres nt to ho|d Dukaspy urope |iab|e fo losses inurred as a onsequene of Duksopy uope maintaining suh mu|ti-uieny eposur or otherwise ,13 (xlusion nd Limitation of Liability); ho|ding the C|iet's ount, as further set out in Setion
Dukasopy urope lBs As
el: +371

(iii) All the (iv)

Lp|esa 20A.1' LV-101,l' Riga' Latvia

7282s4

6110

ffi
(v)
arket Rules nd/or signifint imba|ane of supply nd demnd andlor |k of Liquidity may resu|t in th temporary impossibilit to rry out, buy or sell ordes nd, onsequently, to wind up positions tht the Client wishes to liquidate, o that the lient may have deided to liquidate due to insuffiient mount of the prepid F ading Line. he Clint is fu|ly ware of the signifiant losses he may suffe due to those fators. among others;
he C|ient nd Dukasopy urope e bund to omply with th arket Rules, rgu|ations, prties nd genera| onditions in fore on relevant mrketp|es or jurisditions nd app|ible to or required to be omplied with by Counterparties with whih Dukasopy urope may operte; provide informtion bsed on know|dge and informtio t Dukscopy urope's dispos|. Any nd all infomtion avi|b| t any time on www'dukasopy'eu and/or the SWF Marketplae rding System andior otherwise provided by Duksopy urope or its emploees regarding trading issues o any other finnial mtter sha|l not onstitute n advie or a reOmmendation by Dukasopy urope with regard to investments, tradig or any other finani| matter nor onstitute n offer to bu o sel| or sliittion to eeute any transation' Suh information, |though based upon information from soures be|ieved by Dukasopy Euope to be re|iable, may be basd opinios nd may be iomplete, faulty unverified and unverifible. he C|ient re|eases Dukasopy uope from || and any liability for providing suh informtion, or for ny sults of using it.
-

(vi)

(vii) ln the sope of its ore business, Dukaspy urope nd its emp|oyees my . at the C|ient's request or not

12.4. ording|y, any investment deisions and / or transtions and tdes on th SWFX arketplae rading System on the C|ient,s behlf sha|l be deemed to have been made sole|y by the Client o his uthorised epresentative(s), fo whih the C|ient sha|l bear fu|l and xc|usive respnsibility. he C|ient re|ases Duksopy urope from any liability on whtsoever ground, shou|d the C|ient's trades and/or investments fil t hive performane in line with the Cliet's expetations or show a negtive performane.

13.
.t

xIusion nd Limittion of Libility

3..| . he Client agres not to ho|d Dukasopy urope or ny f its ofiiers, diretors, emp|oyees' gents, subsidiaris o affi|ites |ibl for any trdig losses or other |osses that may be inurred by the Client or his attomey(s)' exept in se of wilfu| defu|t or gross negligene. Dukaspy urope sha|| in partiu|a ot be liab| for any loss of any kind suffered

third party by the lient or obtained by the thid prty by n abusive/ frudulent manne.

or iured by the C|ient (i) s a result f Dukasopy urope's egligne, (ii) aused by the auxiliary persons of Dukasopy urope or (iii) in se of use by a third pa of the Client's |ogin d ssword either ommuniated to this

13.2. Duksopy urope assumes no libility towards the C|ient for the ability of the SWF Marketplae rading System to meet the user's requirements, be error.free' or operate without interuptin' or that information transmitted through the sWF arketplae rading System (or via phne) sha|| be acurte or timely' Dukasopy urope sha|l lso ssume o Iiabi|i for other users of th SWF arketp|ae rading Stem or any emp|oyees of Dukasopy urope to peform as expeted.

14.

ermintion and Netting of Positions

14'1.Without prejudie of the right of early termiation as set forth in Setion 15 (Early Termination), ither par is entifled to terminte its re|ationship with the other t ny time, without reason, by giving no |ess thn seven (7) dys prior written notie, in|uding but not limited to oti given b e-mai| to the other party, suh notie to spify the date on
of termination.

wttih the termintion is to beome effetive. No pelty sha|l be payable by either pa upo trmination of its relationship with the other. emination shI| in no way affet any rights and obligations rued hereunder until the date

14.2'The termintion of the elationship with the Clint sha|l extinguish the Client's right to use the sWF Maketp|ae radig System as wel| as al| nd any softwre and solutions made availble to him by Dukasopy uope.

tanstins, However, Dukasopy urope shll be entifled to lose || open positions of the C|ient nd to offset, after onversin into the Bs Curreny, ny amount due to the Client against ny amount owed by him, irrespetive of the mturtin dat of any espetive transtion. Dukasopy Europe shaI| be entit|ed to dedut a|l amunts due to it before transferring any fuds o ay ount of the Client, nd to postpone suh transferring unti| any nd a|| positions between Dukasopy urope nd the C|ient re losed. Furthermore, Duksopy urop shll be entitled to equire the Client to py any harges inurred in transferring the C|ient,s investmets.
14.4. Upn termination of th re|ationship with the Clint the ight of the C|ient to use n nd al| of Dukasopy uope's softwre nd systems that it has made avilab|e to the Client during the terms of these Conditions shal| epire.

are |ready in progress, and the terms of these Conditions shal| ontinue to bid bth prties in reltion to suh

14.3. Upn termination of the relationship, Dukasopy urope and the C|ient undertake to omp|ete |l transations tht

Lp|esa 20A-1' LV-,l0'l.| Riga, Latvia ' el: +371 67283294

Duksopy urope ls As

7!10

15.

E|y Termintion

15.1. Dukasopy Europe sha|l have the ight to trminate its re|tionship with the C|ient nd/or to |ose out |l or ny psitions of the C|ient and ralise any other ssets he|d by Dukasopy urope on beha|f of the Client by notie with immedite effet, upon or t ny tim after the ourrene of ny of the fol|owing events:

(i) (ii)
(iii) (iv)

th C|ient fai|s to make any payment or fails to omply fu|ly with any obligations unde these Conditions or any
transtion:
if the Client

dies or or |oses |egl apity;

the Client eters into liquidation or into n insolveny a]ngement (in|uding an rangement with its reditors), or if a reeiver is ppointd over al| or part of its ssets or undertaking;
any of the representations or wrrantis given by th C|ient are, or beome, untrue;

(v)
(vi)

Dukasopy urope or the Client is equested to |ose n exposure (o any part of an exposure) by any rgu|tory
ageny o authority;

Duksopy urope reasonab|y onside it neessary for its own protetion or the protetion of its ssociates.

15.2. lf the Client hs no equity on his aount, or the equity on his aount dops beIow 20 USD (twenty United States dol|rs), and this sitution remains unhanged for more than one year, Dukasopy Europe shall be entit|d to trminte its re|tionship with the |ient without futher notie' 15.3. he C|ient acknow|edges, reognises and agres that Dukasopy urope shl| not be liab|e for any onsequenes of it tking the stps desribed in this Setion 15. he rights desribed in this Setion shll be without prejudie to any

other rights or remdis whih Duksopy urope may hve against the Client under these Conditions or under
app|ible law.

16.
,1

Arnendments to these Conditions

6.1 . Dukasopy urope shl| be entit|ed to amend the Agreement at any time by giving a notie of miimum thirty (30) a|edar days, inluding but not |imited to notie given by e-maiI to th Client or postd on Dukasopy Europe's website. Suh hanges shll beome effetive on the dte speified in the notie, un|ss exprssl dispproved by the Clit within thirty (30) lendr days as from the dte of notifition' in whih se the parties may exerise their ight to terminte the Agreement in aordne with these Conditions.

16.2. Duksopy urope expressly reserves the right to use its wbsite to inform the C|ient about ny hnges in these Coditions and the posting of notie n Dukasopy urope's website sh|l b deemed a valid notifition of suh hanges to the C|ient. he Client undertakes to reguIaly moitor Duksopy urope's website and/or to regulr|y ess his on|ine eporting where relevnt information my be published.

17- Confidentiality
17.1. Neither prty sha|| dis|ose to ny person (un|ess required to do so b any appliable law or b any regu|tory or suprvisory authority or by ay other person entit|ed by law to require suh dis|osure) any information relating to the business, investments, fianes or other matters of onfidential nature of the other prty whih it may in the ourse of its duties or otherwise beome awae of, and eh parV shl| use l| easonab|e endeavours to pevent any suh dislosure.
17 '2' B adhering to these Conditions' the Cliet authorises Dukasopy urope to dislose suh information relating to the C|ient as may be required by any lw, rule or regulatory authority, in|uding any appliable Mrket Rules, without

prior notie to the Client.

l8.

Vl|iver of Rights

18.1.he rights and remedies ontained in these Conditions shal| be umu|ative and not exlusive of any rights or emedies provided by law. No dela or omission of Duksopy urope in exerising any right' power or emedy provided by |aw or under these Conditions, o prtial or defetive exeise thereof, sha||:

(i) (ii) {9.

impair or prevet any further or other exerise of suh right, power or remedy; or operate as a l/yaiver of suh right, power or remedy'

18.2. No waive of breah of a|| or prt f these Conditions shl| (un|ss expressly agreed in writing by the waiving py) b onstrued as wiver of any future breah of th same or s authorising ontinution of prtiular breah.

Remedies

Lplesa 20A.1' LV-101

Dukasopy urope lBs As 1 Riga' Latvia ' el: +371 672s32s4

8t10

rrr ffi
(ii)
(iii)

ffi\f n*--*

19.1. he Client shll indemniff and keep Duksopy uope indemnified gaist a|l losses, txes' penses, osts nd |iabilities whtsever (present, future, ontingent or otherwise, and in|uding resonable legal fes) whih my be suffered or inurred b Dukasopy urope s a resu|t of or in onnetion with: (i) any bah of these Conditions by the Client;

Dukasopy Europe entering into any trnsation for the aunt of the C|ient herunde; Dukasopy urope taking ny of the steps whih it is entitled to tke upon the oUrne of an event of dfult;

unless and only to the extnt tht suh |osses, taxs' xpenss, osts nd |iabilities are suffred or inurred as a resu|t of Dukascopy urope,s gross neg|igene o wilfu| defult.
undr these Conditions or gner| law and shal| not be affted by any varition o |imittion of these Conditions.
19.3. This Setion shal| suvive ny termintion of the re|ationship with the C|iet.

,|9'2.hese indemnitis shall be in addition to ny othe right' indemnity or |im whih Dukasopy urope my hve

20.

Dispute Resolution

20.1. The C|iet shl| ommunite any omplaint in writing t Dukasopy urope.
to the C|iet.

20.2. Duksopy Europe shal| ivestigte any written omp|aint, if suffiiently doumented, and ommuiate its position 20.3. he C|iet nd Dukaspy Europe sha|l make every edeavour to mib|y reso|ve any dispute, in good faith and in ostrutive manner. The Client akowledges and gees tht threats nd b|akmiling towards Dukasopy uope are prohibitd and onstitute va|id gound for iterupting negotiations and for immediate termintion of ny business relationshi. 20.4. Without prejudie to any other rights f Dukasopy urop unde these Conditions, in se the paties e i dispute over trading order, Dukasopy urope sha|| be entitled t its so|e disrtion nd without any prior notie to take any and all ations it reasonably believes to be desirab|e for the purpose of limiting the mximum amount ivo|ved in the dispute' Dukasopy urope sha|| not be lib|e fo, or be under any obligation to the Client in onnetion with, ny subsequent flutuations in the |eve| of the xposure of the ounts of the C|ient.

21.
21 .1.

Appliable Lw nd Jurisdiiio
his Agreement is onstrued in aordane with and shal| be govemed by the |aws of the Repub|i of Latvia.

21.2. n dispute, otrovers or laim arising out of or in re|ation t this contrat' inIuding the va|idity' invalidity' breh r termition threol shalI be setfled before the ourts of the Repub|i of Lfui nd in aordn with Latvian |aw. 21.3' his Setion
nd the Client.
2,1 sha||

suvive any termination of this Agreement and/or the re|ationship betwee Dukasopy urope

22.

GIient's Personal Gontat Details and Client Communiation

22.1. Dukasopy urope sha|| be l|owed to va|idly ommunite with the Client by using the last post address, e|etroni address nd/or phone ad fax numbers provided to Duksopy urope by the C|ient. ah Commuiation

mde by using suh address or number shll be deemed s valid|y mde nd reeived even if Dukasopy urope
reeives notifiatin of fai|ure to deliver it to the C|ient.
22-2' The Client undertakes to notify Dukasopy urope without delay of any hnges of his personal or ontt details or of any other informtion relevant to these Conditions'

22.3' Duksopy urope sh|l be entifled to rejt nd/or ignore an Commuiation inluding istutions frm the Client or from ny authorised representative emanating from an ddress and/or phone or fax number not known of Dukasopy urope. Dukasopy urope shall not ear any |iabi|ity on whatsever ground in that espet.

23.

Misellaneous

23.1. his Agreement sha|l be for the benefit of' and binding upon both the Client ad Dukasopy urope' and fortheir

rspetive suessos nd ssignees, but the Client may not assign any of his rights and obligations under thes Conditions o under any trnsation Without prior witten onsent of Dukascopy urope,

23.2. Dukasopy urope shal| have the right to trnsfer and/or assign, t its sole disretion, to a third party, whether or not ffi|iated with Dukasopy urope, |l or part of its rights and/or obligations uder thes Conditions, in|uding without limitation the dutis assumed by Duksopy urope hereunder, and the Client sha|| be deemed to aept suh trnsfer and/or assignment. Dukscopy urope ls As

Laplesa 20A.1

LV.101 1 , Riga, Ltvi ' el: +371 67232s4

9/1 0

W
23.3. h C|ient knowledges and grees that ertin softwre omponents suh s oding a|gorithms may be subjet to import nd export restritions in ertin ountries nd by assing the Servies through the intemet' he my infrige laws and/or regulations ppliab|e in suh outry. he Client undetkes to inform himself nd assumes sote tiaility tr risks implied by foreign legis|ation. Duksopy urope sha|l bea no liabi|ity whatsoever for the infringement of foreign laws and/or regulations when the C|ient is using the Sees though the |nternet. jurisdition sh|| be in any way ffeted.

23.4.lt at any time any provision of these Conditions is or beomes i|legl, invlid or unenforeb|e in ny respet under the |aw of any jurisditin, neither the legality, va|idi or enforebi|ity of the remaining provisions of tese bonditions under the |w of tht jurisdition nor the |eg|ity, va|idity or enforeabi|ity of suh provision unde the |w f any other
23.5. lf there is ny onflict between these Conditions nd ny re|evant provision of the erms of Use, the tems of these Conditions shall prevail.

and the use of the SWF Marketple rding System, s they stand from time to time. hose terms of use are essible on the swFx Mrketplae rding System nd my be mended t ny time by Dukasopy urope without prior notie to the client.
they my be mended t ny time by Dukasopy Europe with prior notie to the client, suh otie to be given by any dequate men inluding e*niil or genei| pulition on the sWFx lUlarketpte rading Stem. he amended version of these Conditions enters into fore 30 (thirty) da1 after suh publition, exept if the client termintes his re|tion with Dukasopy Euope within tht period f time.
23.7. he pesent Conditions are acessib|e o www.duksoy.u;

23.6. he C|int sha|l oply at an time with th temns of use of Dukasop urop namely those goveming the as*s

By his signafure, the C|ient kow|edges that he hs read nd understood the terms of these Conditions and that he agree with them, inluding in ptiu|r, the right of subsequet amendment by Dukasopy urope as per Cluse 23.7
above.

Glient
Plae and

Dukasopy urope lBs As

d,,.fh ii ,u

{d,t.

2l-Z

P|e nd date;

Signtures:

Nme:
itle:

Name;
it|e:

Name;
itle:

Lap|esa 20A.1' LV-,l011, Rig, Latvi el: +371 672832s

Dukasopy urope ls As

10t10

Aount Holde/Glient:

Acount number:
(Fi||ed by Dukasopy urope)

REQUS FoR }| oPNlNG oF AN AcoUN

Last name(s), First name(s): arita|status:

Profession:
Date of birth: Natioality:

o7.
)

Legal addess: Correspondene addess:

Prof. phone n":

l068{{

arQ S 2
L4.

?497

obile n":
Private fax n":

o:+? +9

+1

Private phone n": Prof' fa n": Security

2L5

r9
. r.{*

.mail:

he Client requests Dukasopy urope lBs As to open an aount in aodne with the nditions of arketplae adin g Agreement.

Curreny aount denomination:

{n funds sent fo the acaut will be onverted in the referen urrn\

ffuso lUR F JPY

t-

GBP AD

AUD

he Client authorizes Duksopy urop |Bs As to tose ny oen positions relative to his aount should the Client desire partil or total fund withdrawal. he Client delares that the information ontined in this Aount opening Doumentation is true and aurte.

Plae and date:

n[*'} ptt-

,f

,{.9g.I

Signature of the Holder/Clint:

Dukasopy urope lBS AS, Lplesa 20A-1 ' LV-101 1 ' Riga' Ltvia el: + 371 67283294

Aount Holder/client:

Aount number:
(Fi|led by Dukspy urope)

lDNlFlAloN oF BNFIIAL oWNER(s)

The ontrating partner hereby de|ares tht the individu|(s)/partnership(s)/legal enti(entities) listed below is/are the benefiia| owne{s) of the assets deposited under the above aount. lf the ontrating partner is also the sole benefiia| owner of the assets' the ontating partner's details must be set out below:

Last Name(s), First name(s) / orporte nme:

Dte f Birth/lnorportion
:

Full Address/ Registered ofiie Address: Country of resideny: Ntiona|itv:

Last Name(s)' First name(s)

Dte of Birth/lnotion:

orprate nme:

Ful| Address/ Risteed offie Address:

Country of resideny: NatioaIi:

Lst Nme(s), Fist name(s)

Dte of Birth/| ncorportion
Fu|I
:

orpte ame:

Addes Registered offie Address:

ountry of resideny:
Ntionality:

Last Name(s)' First nme(s) i orporate name:

Date of Birth/lnorporation:
Fu||

Address/ Registered offie Address:

Country of residey: Nationality:

Lst Nme(s), First ame(s) l orporate name:

Date of Birth/|noortion:
Ful| Address/ Registerd

ofiice Address:

Country of resideny: NatioaIity:

The ontrating partner udertakes to utomatiIly inform Dukasopy urope lBs

Ghanges. he deliberate provision of false information in this fom may be a riminl offense. Plae and date:
Signature of the Holder/Client:

As of

any

Dukascpy Europe lBS AS, Laplesa 20A-1' LV-1011. Riga' Ltvi el: +371 6728294

Aount Ho|der/cIient:

Acount number:
{Fil|ed by Duksopy urpe)

RlsK DlsLosUR AND AKNoWLDG]I,|N .t. By sigig this doument, the udersigned Client know|edges,

reognizes nd understds tht trading and investing in foreig ehange transtins: a is high|y spu|tive; expses the finni| situtio of the Client to Very high degree of volatility which my use substntil movements
speifil|y on th |eve| of the C|ient's multi.urreny exposure; my invo|ve an extreme|y high degee of finania| isk whih my use losses in exess of th amount of margin deposit prepid by th C|ient.

z.

The C|ient eressly aknowledges, recoglzes and epts tht: ny of the C|ient's investment deisions wil| be based so||y on his own evalution of his finanil irumstnes nd investment objetivs; the Client agrees ot to ho|d Duksopy urpe |BS AS (hereinfter..Dukscopy urope") lib|e for the ongoig mitenane f multi.urreny exosur as set out in arketplce rading Agreemet may expose the C|ient to sigifintly inresed risks of |osses. This my Is inrease the mount of losses tht may e suffered by the Client in connetion with a partiulr foeign exhange tnsation. market reguIations nd/or a signifint imb|ane of supply nd demand and/or lak of liquidity my result in the temporary impossibility to rry out, buy o sel| ordrs and, onsequently, to wind up positions tht the C|ient wishes to |iquidte, or that the C|ient may have deided to liquidate due to insuf{iient amunt of the prepaid F rading Line. he Client is fu||y ware of
the signifit |osses he my suffer due t these ftors; ny nd all informtion on www.duksoy.eu does not onstitute eommendation by Duksopy urpe with regrd to an investmet or decision. Any mrket informtin ommunited by Dukasopy urope does not onstitute an offer to buy or sell o so|iittion to exeUte any transtion, and tht suh informtion, although based upo informtion from soures be|ieved by Duksopy urope to be re|ible, might be incorret, inomp|ete or unverifible. Duksopy uope wi|l not influene or modify' neither tke any deisions nor enter into positis for C|iets. Dukasopy urope reserves disretionry ight to hek ny order before eeUtion. ny trading or othe |osses inurred by the C|ient;

Cosequenti|ly nd by signing the present Rlsk dislosurC nd knowledgment the Client de|ares the fol|owing:

a a o
a
O

C|ient is a onsious investor with neessary knwledge and bakgound to trade in omple vo|ati|e markets. He is wi|ling to enter into trnstions presenting high potential risk, suh as FoR makets tht re highly volti|e and an cuse within a short period of time OTAL Loss oF FUNDS. C|ient n assume risk of loss in exess of his margin deposit and onsequently grees t provide upon the first request from Dukscopy urope additinal aeptb|e o|latera|. |ient Understnds that the |everge effet multip|ies substntia||y eventu| gins nd |osses d does not reflet the fu|| prie of the contrat. Funds o an aout with Duksopy urope are to be sidered RlsK APIAL' No deposits have been made with Dukasopy urope using moey that was borrowed or urgently needed. he C|iet wil| not ho|d Dukasopy Euroe liable for any resu|t f any trstio, positive or negative' initiated by the C|ient. he ontrats and aftahed douments siged by the C|ient were well understood. he Client is wil|ing nd ab|e, finania|ly and othewise, to assume the risk of trading in seu|ative investments nd n assume risk of |oss i eess of the prepid equi.

4.

The C|ient in partiular cePts: . Risk of loss (prti| nd /or tota|) o Duksopy Europe's mgin po|iy Dukascop urope shal/ /ose all Client,s transactions (ontrats) if his margin is insuffiient. Leverage up to 100/1 ls set by Dukascop Europe individuall and ma vary at fhe so/e discretion of Dukasop urope" Dukasopy urope's liquidation po|icy

All counts whose total balance stas below 20 usD {twent Uited Sfles dollar for one calendar month ma be elosed
b Dukasop Europ, and their total balance harged b Dukascopy Europe as aount closing te.

The total balance of every Client count must at all times be equal to or higher than 2a USD {twnt United Sfles dollars).

5.

lndependent dvise:
he Client aknow|edges, reognizes nd understnds tht the fregoing paragraphs do not desibe |l of the risks relating to the exeution and ho|ding offoreig ehange transations, and ofirms that he has the paity to assess and undestnd (either by himself o with the dvie f his own fincial, |egal nd/or tax dvis) the risks assoiated With suh transations.

The present delratio is n intgra| part of the ontrtual relationship with Duksopy urope' govemed by the Marktplae Trading Agreement nd other ontatual douments.

Plae and date:

Duksopy urope |BS AS, LAplesa 20A-1 Lv-101 ' el: +37,l 67283294

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