TERMS AND CONDITIONS
- SCOPE
1 These Terms and Conditions are made between you (the client” or “you”) and SKYLINE TRADER , and apply: via the internet over the SKYLINE TRADER Online Trading Platform (“OTP”); or via any downloadable trading Platform (DTP) that SKYLINE TRADER offers. This includes any Transactions placed by an Authorised Third Party or any person giving the client’s name, and account number.
1.2 We will deal with you on the terms of these Terms and Conditions; the Risk Warning notice your completed Application Form; our Execution Policy any relevant software license and any additional terms and conditions issued by us, including those relating to Accounts and/or other terms issued in respect of transactions contemplated by these Terms and Conditions, which together are referred to as this Agreement”.
1.3 Clients should also be aware that the Contract Specifications contain important information in relation to the underlying products associated with Transactions and further information in relation to these is contained in Clause 11
1.4 In agreeing to this Agreement you authorize SKYLINE TRADER to telephone or otherwise contact you at any time whatsoever in order to discuss any aspect of your account with SKYLINE TRADER or any aspect of SKYLINE TRADER or its Associated Companies’ business.
1.5 Each time you enter into a Transaction you signify and agree that all statements concerning personal warranties and representations are repeated and that:
- all information that you have provided us with (in your Application Form and subsequently) is true and accurate in all material respects;
• you agree to be bound by this Agreement
• you have read and fully understood this Agreement, including the Contract Specifications and the Risk Warning: if you are an individual, you are over 18 years of age: the action of entering into a Transaction with SKYLINE TRADER is legal in the jurisdiction you are currently resident and that you will not violate any law relevant to you:
• you are, or your Authorised Third Party is, taking each and every Transaction on your own behalf as principal and not as a third party representative;
• if you are a company, in placing any Transaction or instruction you are duly authorized to do so
• any person authorized by you to trade or issue instructions on your behalf has read and understood the Agreement and the Risk Warnings
1.6 If any losses are incurred by you or by SKYLINE TRADER due to your breach of any warranty as set out herein you shall be liable for the total sum involved
1.7 In agreement with you SKYLINE TRADER may waive or relax any of these Terms and Conditions from time to time. In particular but without limitation, where these Terms and Conditions specify certain Transaction Size or Margin requirements, SKYLINE TRADER may, but only on agreement with you, allow you to breach such limits. Any liability accrued due to such permission is your sole responsibility. Any agreement to waiver or failure to enforce any part ofthese Terms and Conditions shall not constitute a waiver by SKYLINE TRADER to enforce such rules at a subsequent time.
1.8 The English translation and interpretation of this agreement takes precedence over all other translated versions of this agreement
- YOUR ACCOUNT AND TRANSACTIONS
1 You must open an account with us before we will accept any of your Transactions. You must fill out and send to us an Application Form either electronically online, or on the printable form available on our website, or the one available with these Terms and Conditions. All mandatory sections must be filled out and any information supplied must be true and correct to the best of your knowledge. Any incorrect or unclear information supplied will result in either an outright rejection of the application or at the very least a delay in the opening of your client account.
2.2 In signing, or electronically remitting to us, the application form you are authorizing SKYLINE TRADER to make such searches as it sees fit to certify that the information that you have supplied is full and correct. Such searches will include, but may not be restricted to, information from the electoral register and any credit agencies approached by SKYLINE TRADER
2.3 SKYLINE TRADER may make periodic checks of your details to verify that the details supplied by you have not changed. However, you must immediately inform SKYLINE TRADER in writing as to any material change in your financial circumstances or any change to the information given on your Application Form (including change of employment, address, contact details
and email). In SKYLINE Trader’s absolute discretion, it may accept such notification over the telephone or by email. Any losses t may be incurred by the misdirection of contract details due to incorrect or out-of-date email addresses supplied by you are entirely your responsibility
2.4 SKYLINE Trader is not obliged to open an account for any client and may refuse any application for any reason (without providing the reason for the decision to the client).
2.5 SKYLINE TRADER reserves the right to close or suspend your account at any time by sending you a written notice 5 working days in advance. Should SKYLINE TRADER exercise this right all open Positions shall be closed on SKYLINE Trader current quoted price and no new trades will be accepted. Any Position you may have in markets not quoted i.e. that have closed for that day) shall be closed at the first price reasonably available to SKYLINE TRADER on the next business day or, in the case of a market suspended for any reason, closed under the terms contained herein.
2.6 SKYLINE TRADER shall be entitled to disclose information concerning you or your account without prior reference to you to any competent authority with jurisdiction over SKYLINE TRADER business or to any other person SKYLINE TRADER reasonably believes to be seeking a reference or credit reference in good faith, Specifically SKYLINE TRADER is entitled to disclose such information to other similar companies who may be inquiring as to any bad debt or liability
2.7 It is your sole responsibility to inform SKYLINE TRADER as to whether information concerning your account Transactions should be reported to your employer, including its compliance officer, and as to whether contract notes and statements of your account should be sent to that compliance officer or to any other person authorized by your employer to receive such information
SERVICES BY SKYLINE TRADER Limited
3.1 Subject to you fulfilling your obligations under this Agreement, we may enter into contracts with you in respect of the following types of Transactions:
• Forward CFDs on single securities, baskets of securities, stock or other indices, base and precious metals, commodities, and currencies (foreign exchange)
• Such other investments as we may from time to time agree to offer in writing or online.
3.2 We will deal with you on an execution-only basis at all times.
3.3 We shall not provide you with any advice on the merits or suitability of you entering into this Agreement or any Transaction contemplated by this Agreement and, will never provide you with any investment advice although we may at our discretion provide you with generic or factual information from time to time on the nature, the terminology and of the procedures involved with such Transactions or concerning factual financial data information. You should rely on your own judgment when deciding whether or not to enter into any Transaction contemplated by this Agreement
3.4 When we execute an order on your behalf, we will generally act in accordance with our order execution policy. A summary of our current execution policy has been provided to you.
3.5 We provide Contract Specifications in relation to the services that we provide and explain various matters relating to this Agreement. You should read the Contract Specifications thoroughly before entering into any Transaction, If there is any matter that you do not fully understand then you should seek clarification from us before entering into the Transaction.
3.6 Any Transaction with SKYLINE TRADER can only be made during SKYLINE TRADER Quoting Hours for the market in question and within the permissible Size(s) (unless otherwise agreed by SKYLINE TRADER These are further detailed in the Contract Specifications. The minimum and maximum limits are set by us by reference to the normal market size for which prices are available on any relevant exchange or market and which offer live price information. The current minimum and maximum limits are available from us on request and are detailed in the Contract Specifications. We are entitled to vary these minimum and maximum limits and it is your responsibility to ensure that you know what the current limits are before entering into any Transaction. We also have the right to waive any Transaction Size limits with or without notice to you.
3.7 Our activities with you under this Agreement are likely to include margined transactions. Margined transactions are detailed further in Clauses 7 and 8 below.
3.8 Notwithstanding any other provision of this Agreement, in providing our services, we shall be entitled to take any action as we consider necessary in our absolute discretion to ensure compliance with Applicable laws. You agree strictly to comply with all Applicable laws. If we reasonably consider that you have not so complied, we may terminate this Agreement Clients are especially reminded that this applies to all forms of market abuse such as insider trading and to directors trading in shares of their own companies.
3.9 SKYLINE TRADER will not be liable for any losses incurred as a result of any interruption of power supply or electronic communication or information system or any event which prevents SKYLINE TRADER from supplying such information in one or more of the markets in which we would ordinarily quote.
3.10 The client accepts that SKYLINE Trader, including its trading platforms) and other related systems and relevant third parties may perform maintenance/updates or face a technical failure that may include shutting down, restarting, or refreshing its systems/servers to ensure the more effective operation of its trading platform is) and/or other related systems. During system maintenance/updates, the client accepts that this may cause the trading platform is) or other related systems to be inaccessible for a period of time. In addition, the client accepts that there may be a mechanical chart, software, misquotes, computer, telecommunications, and/or electronic system failure/issues. In the event of system issues/failure/maintenance/updates, the client accepts that SKYLINE TRADER bares no responsibility for any loss, including financial loss caused due to any of the actions referred to in this paragraph.
- PLACING TRADES
4.1 SKYLINE Trader is not obliged to accept any request to trade.
4.2 Transactions with SKYLINE Trader can only be made via an OTP or a DTP. The OTPs and DTPs have minimum computer software requirements and further information is available on request). The platforms will be regularly updated and it is suggested that clients should download and install the updates when prompted in order to achieve the most efficient platform functionality
4.3 SKYLINE TRADER quotes a two-way price in a Size acceptable to SKYLINE TRADER involving a spread between the buy and the selling price. As the Client, you may buy at a higher price or sell at a lower price.
4.4 When placing a Transaction, you must give your name and account number or username, Without this information no Transaction will be permitted even if it is to close an existing open position. When transacting over the telephone the Transaction will only be accepted by SKYLINE TRADER when we confirm that your Transaction has been accepted. The verbal acceptance of a trade by SKYLINE TRADER does not negate either SKYLINE Trader or your rights in the event of a Pricing Error.
4.5 All calls to SKYLINE TRADER telephone lines are recorded, and you hereby agree to the recording of such conversations. All OTPs and DTPs retain chronological histories of all Transactions conducted over that medium (including Transactions entered by SKYLINE TRADER. Client activity (although this is not guaranteed). All such records and recordings of SKYLINE TRADER following instruction by telephone) and an electronic audit trail of all conversations are the exclusive property of SKYLINE Trader and may be used as evidence in any dispute.
4.6 Before access is permitted to an OTP or a DTP you will be obliged to enter your username or account number and password. When placing a Transaction via an OTP your confirmation will be via an email contract note. Transactions on a DTP will be confirmed via an on-screen contract note. The contract is binding on both parties except for instances of a Pricing Error. SKYLINE SKYLINE TRADER will treat Transactions placed via an OTP or a DTP as active on receipt of such an instruction and of its acceptance. Transactions placed via an OTP or a DTP will normally be confirmed at the time they are made by electronic means.
4.7 Your username, password, and account number are extremely sensitive pieces of information Any Transactions made on your account either over the telephone, an OTP, or a DTP using either your username, account number, or password will be deemed as valid Transactions. You must not disclose your username, account number, or password to any person (save disclosure of your account number to an Authorised Third Party pursuant to Clause 15). You must immediately inform SKYLINE TRADER if you are aware or suspect that a third party has had access to your username, account number, or password or that any person other than you for your Authorised Third Party) is transacting on your account.
4.8 In the case of Transactions placed via an OTP or a DTP, SKYLINE Trader is under no obligation to recognize the domain from which a client is trading, and it is your sole responsibility to ascertain the legality of placing trades from your local jurisdiction.
4.9 A Transaction can only be placed on a current valid Quote. A price may change at any time after it has been quoted and before you have traded. A Quote made to you over the telephone is only valid for that conversation and may not be available on any subsequent telephone call. Quotes that have been given as ‘indication only are not valid and cannot be traded unless otherwise agreed by SKYLINE TRADER Quotes that have been qualified or Quotes that you have been told are no longer valid before you place your Transaction are also not tradable.
4.10 In the case of Transactions placed via an OTP or a DTP you may only offer to place a trade on the prices currently quoted on an OTP or a DTP. Such prices are indicative and on receipt, SKYLINE TRADER may, in its absolute discretion, reject or accept your proposed Transaction. Due to the nature of online trading systems and the potential unreliability, delays, and misquotes of market price feeds, SKYLINE TRADER may in its absolute discretion remove or delete Transactions and any associated Transactions .e any trades closing subsequently deleted trades) which have been made over an OTP or a DTP which in the opinion of SKYLINE TRADER do not reflect the actual market prices at the time of the placement of the relevant Transaction. SKYLINE TRADER will not be responsible for losses or potential losses sustained by you in trading on a rejected or canceled Transaction. SKYLINE TRADER is not responsible or liable for losses made with other companies on Transactions undertaken in reference to a rejected or canceled trade. e price providers and more.
4.11 The spot foreign exchange and commodities markets can experience extreme price volatility often referred to as a “Hectic or Fast Market”, which is particularly common during material economic or political events, such as news releases and monetary policchangesge. During such times it is common practice for the forex Markets to execute orders manually and widen spread and place less reliance on automated systems. This practice can affect online may slow down their service to customers, increase requote and s, human errors due to the extra time required to analyze the event and determine the fair market price. This may cause significant delays in trade execution and order processing while rates are cross-referenced to ensure valid execution. SKYLINE TRADER relies more on an automated system and executes trades automatically by our server to reduce delays, re-quotes, and human errors and we maintain our fixed spread except during very hectic markets or holidays, therefore, protecting our client’s stop-losses. Based on this, and to keep you informed of our policy in this regard, please be informed that SKYLINE TRADER reserves the right to cancel any trade that has been confirmed by our automated system during major news, figure releases, or fast market that do not reflect the actual market price or the price has been delayed due to inevitable latency issue, thus preventing traders abusing our automated system or fixed spread.
4.12 SKYLINE TRADER does not allow scalping where the trading style is abusing our Automated Services for short-term gain by Sniping and hunting for old prices or wrong quotes or trading during liquid market or trading during fundamental releases/news releases where the price on SKYLINE TRADER Market watch could be delayed due inevitable latency issue or trade using expert advisors or other robots for abusive purposes Customers are urged to trade ethically and not to try to take advantage of our competitive services. Customers will solely be held liable and will indemnify SKYLINE TRADER from any damages or losses that may result from canceling such trades. Clients are not permitted to Scalp or snipe. Arbitrage is the simultaneous purchase and sale of an asset to profit from an imbalance in the price a practice that is not allowed. In such cases, SKYLINE TRADER reserves the right to cancel trades, profit, or losses and disable the account or charge swaps on all orders retroactively.
TRADING
5.1 Clients should note that they are trading on the outcome of the price of a financial derivative, and will not be entitled to delivery of, or be required to deliver, the underlying product.
5.2 This trading does not occur on an exchange. Rather the trading occurs off-exchange or over the counter (OTC”). As a result, SKYLINE TRADER enters directly into a contract with you in respect of the financial instrument you wish to trade.
5.3 SKYLINE TRADER reserves the right to discontinue the Islamic/SWAP-free account by sending 24 hours’ notice. SKYLINE TRADER will invoke this right in case of suspicion of abuse, in which case SKYLINE TRADER may, at its sole discretion, decide to close all open positions in the account and deduct or add swaps for all transactions currently and/or previously made in the account and decline from accepting any further requests from the Client to be exempted from SWAP.
5.4 The above provisions shall apply with respect to any constituent security of a securities basket or securities index and are also subject to any such adjustment being scaled back in proportion to the respective weighting of the affected security within the securities basket or securities index as we reasonably consider appropriate.
5.5 If a share becomes subject to a takeover offer, suspension, merger, and stock split SKYLINE TRADER reserves the right to dose any or all trades at the closing of the day or the last closing trading price before the amendment.
5.6 In certain market conditions it may not be possible to close a single share Transaction with sizable market consideration in full at one price. Such a Transaction may instead be closed at a price reflecting the price at which SKYLINE TRADER is able to transact any relevant underlying hedge but only during the trading hours of the Underlying Market (whether or not the relevant Transaction was opened during or outside the underlying Market trading hours).
5.7 If the underlying Market in relation to an existing open Position held by you becomes illiquid in any fashion, either leaving SKYLINE Trader unable to purchase a sufficient amount of the underlying shares or contracts to cover your Transaction or Position or is unable to borrow the same in the open market, SKYLINE TRADER reserves the right to close all or part of any such Transaction or position at the current SKYLINE TRADER Quote.
5.8 If a share or an underlying Market is subject to dividends or fundamental news announcements, and the client with an existing open position in the same shares. SKYLINE TRADER may close partial or all positions in shares to bring the equity/margin level above 200%.
5.9 If you are trading in concert whereby multiple clients are placing identical trades then SKYLINE TRADER may at its sole discretion treat this as one Trade. Therefore, if the combined size is greater than the liquidity of the market and slippage occurs, all clients may be treated the same regardless of their individual stake size and filled at the same level which will be where SKYLINE TRADER was able to realistically able to trade in the underlying Market.
- OPEN POSITIONS
6.1 Positions may be closed at any time within SKYLINE Trader Quoting Hours (except where the relevant market is suspended or not available for whatever reason) unless SKYLINE TRADER notifies you otherwise. SKYLINE Trader may accept the dose of Positions at other times depending upon the market but is not obliged to do so.
6.2 You are not required to close a Position prior to the Expiry Date provided that your account is not in deficit. However, in certain circumstances and in accordance with these Terms and Conditions, SKYLINE TRADER shall be entitled or may be required to dose your Position prior to their Expiry Date notwithstanding that your account is not in deficit.
6.3 If the Expiry Date of a Transaction is not a recognized business day of the relevant Underlying Market, then the business day immediately preceding that state will be considered as the Expiry Date unless an alternative is specifically stated in the Contract Specifications or SKYLINE TRADER notifies you otherwise.
6.4 Open Positions will automatically close on their Expiry Date and at their expiry time (as are detailed in the Contract Specifications at the SKYLINE Trader dosing price on that day. We ask our customers with existing futures open interest to take notice of our market information sheet and act accordingly.
- NEW ORDERS, STOP LOSS ORDERS, AND LIMIT ORDERS
7.1 There are generally two basic order types available:
– New Orders, and
– Stop or Limit Orders
7.2 New Orders are orders that are not connected to an existing open Position (although they may close existing Positions (unless where SKYLINE TRADER expressly agrees otherwise so above, when executed, they create trades that are opposite to existing open Positions). SKYLINE TRADER Trader will accept the following types of new orders: • Good Till Cancelled” means that the order will remain in effect until canceled by you or until the market expires and SKYLINE TRADER ceases to quote the relevant market; Good For Day” means that the order will remain in effect until the end of the SKYLINE TRADER Quoting Hours for the relevant market for that day, Good Until’ means that the order will remain in effect until the time and date requested by you when placing the order or until SKYLINE Trader ceases to quote the relevant market whichever is the sooner).
7.3 All Good Till Cancelled/Good for Day/Good Until orders are based on an Our Quote basis.
7.4 A Good Till Cancelled order will only be valid during SKYLINE TRADER Quoting Hours for the market concerned. If there is any form of a gap between the close of the market as quoted by SKYLINE TRADER on one trading session and its subsequent reopening either on the next session or, in the case of a Force Majeure, whenever SKYLINE TRADER reapers said market, the client’s Stop will be executed at the SKYLINE TRADER Quote
based upon the first price that SKYLINE Trader is reasonably able to obtain in the Underlying Market.
7.5 Any orders placed as Stop Losses on open Positions shall: • Be deemed Good Until Cancelled or until the contract expires or until such time as you dose the relevant Position Be deemed to be in respect of SKYLINE TRADER Quote/Our Quote, and Beveld in respect, solely of the market in respect of which SKYLINE Trader accepted the order and not for any other
7.6 In respect of markets quoted by SKYLINE TRADER outside the trading hours of the relevant Underlying Market, all orders are based on SKYLINE Trader Quote/Our Quote and may be filled at the SKYLINE TRADER Quote based on a price which is in SKYLINE TRADER opinion fair and reasonable in light of prevailing world markets at that time.
7.7 SKYLINE TRADER will accept orders placed in any market during the hours in which SKYLINE TRADER offers a Quote in said market. However, no Stops or of orders any kind in any market will be executed outside of the SKYLINE Trader quoting hours for that market except by agreement with SKYLINE TRADER Upon the opening of any market quoted by SKYLINE TRADER any currently actionable Stop, Limit or New Order will be filed at the first Quote for the relevant market that SKYLINE TRADER is reasonably able to obtain with reference to the Underlying Market and the size of the order in question.
7.8 it is your responsibility to cancel any order that you no longer require. Any uncancelled order placed by you may be filled by SKYLINE TRADER and may therefore cause by you the Stop Loss order will be deemed automatically canceled. If the underlying Stop. Loss s on any open Position was actionable before you closed the open Position, SKYLINE TRADER may at its sole discretion adjust the closing price of your trade to reflect the Stop Loss price
7.9 An order will be executed when the SKYLINE TRADER Quote reaches the price specified in your order or trades through the price specified. All Quotes are based upon an Underlying source from the market making a global exchange (LSE, NYSELIFFE, etc) or from a wholesale counterparty quoting bank. Quotes may be higher or lower than the underlying Market due to interest rate costs, dividends, scrip issues, stock splits, competitors’ quotes or the weight of client business. Understanding of the definition of Our Quote is very important for the correct operation of your account. If you do not understand any part of its description we recommend that you contact SKYLINE TRADER for an explanation
7.10 SKYLINE TRADER is not obliged to inform you if an order is filed. It is solely your responsibility to ensure that you know at all times whether any order has been filled or is still active and if you are in any doubt whatsoever as to deal acceptance it is your sole responsibility to SKYLINE TRADER immediately, in the first instance by telephone, in order to obtain clarification as to the validity of any Transaction.
7.11 Once a Stop, Limit, or New Order level is reached SKYLINE Trader may at its sole discretion allow a client to amend this order before it has been actioned by SKYLINE TRADER Although, receipt of any confirmation of an order amendment is not binding on SKYLINE TRADER may at its sole discretion decide to execute the original order if the activation of that order occurred before the amendment was made. SKYLINE TRADER shall not be liable for any Positions generated by clients’ assumption of non-activation of a fairly executed order.
7.12 Unless otherwise stipulated, no orders are guaranteed and are subject to Gapping (which is detailed below at 7.14)
7.13 A New Order is subject to Gapping (see 7.14) on activation and the order is actioned at a price that would also have activated any associated Limit or Stop orders, then the Position will immediately be closed with a loss to the client of the prevailing SKYLINE TRADER quoted spread for that market.
7.14 In this Agreement Gapping’ refers to an occurrence whereby the market moves from one quoted price and that this second quote is significantly different from the first. Where such an event happens and where the second quote is through an order level (Stop Loss, Limit, or New Order). when the first quote was not, this may trigger a Gapping event There are a variety of reasons why this might happen. Some of the more usual are listed below, but this list is by no means exhaustive
7.14.1 Because the particular Underlying Market on which the order is placed has opened and started trading at a price significantly different from the previous session dosing price.
7.14.2 Accordingly you must understand the potential impact of these events on any order that you have on account All orders (Stop, Limit, or New Order) are subject to slippage on the market open. In a situation where slippage occurs during trading hours, any buy order new or limited) below the market or sell orders (new or limit) above the market and sell orders (closing or stop) below the market or buy orders (closing or stop above the market may be subject to slippage. If any market gaps from one quoted price to another due to any market-sensitive piece of information (such as a profit warning, will be 7.15 Where a series of orders may be filled to dose existing open Positions and/or open new Positions then these orders will be filled by SKYLINE Trader in any sequence determined SKYLINE TRADER If this results in subsequent orders having insufficient trading Resources for activation, then these orders will be canceled. SKYLINE TRADER will not look at an order-filling sequences that may result in one order being filled and another failing, SKYLINE Trader will fill orders as and when they are seen by SKYLINE Trader and at our sole discretion.
- MARGIN CALCULATIONS
8.1 In general SKYLINE Trader only allows its clients to trade on Deposit Accounts (where money must be deposited before trading can commence).
8.2 You agree to provide to us and to maintain on your account at all times such Margin as is necessary to cover the Margin Requirement. Your agreement is repeated for every Transaction entered into by you and shall relate separately to each account, if you have more than one account
with us.
8.3 The minimum level of cleared funds that you are required to maintain on your account at any particular time as margin against any open positions is referred to as the Margin Requirement. SKYLINE TRADER may at its sole discretion alter the Margin Requirements on your account
8.4 SKYLINE TRADER will normally monitor the amount of Margin available for any Transaction but reserves the right to demand further Margin than may have been originally requested. In circumstances during high market volatility or depending on the weight of customer business or the trading style or before important fundamental releases or due to a general increase of margin for an instrument in the exchange or at the closing of the week, SKYLINE TRADER has the right to increase the margin requirement by reducing the leverage offered and/or to increase the stop-out level (equity/margin) from the agreed level up to 100% by giving written notice. In such case, if the stop-out level is below 100% then SKYLINE Trader will hedge the positions or partially close them to bring the equity/margin to above 100%. Customers will solely be held liable for any damages or losses that may result from closing the position/positions.
8.5 SKYLINE TRADER maintains the right to close any client position/position when the stop-out level (equity/margin) falls at 0% of the total margin requirement or the level agreed with the client. In case the balance or equity becomes negative as a result of the stop-out, SKYLINE TRADER reserves the right to claim the balance from the client to adjust the equity back to zero. As stated in clause 8.4, SKYLINE Trader reserves the right to increase the stop-out level by giving written notice to the client.
8.6 An order placed as a Stop Loss for a position may not necessarily reduce the Margin Requirement.
8.7 Notwithstanding any other provision of this Agreement, SKYLINE TRADER is entitled, in its absolute discretion, to permit any trade for a Size that is above the recognized maximum single Size for a particular market.
8.8 The minimum IMR for any market and stop-out level may be changed from time to time by SKYLINE TRADER without notice to you (for example, during volatile market conditions or due to the illiquid nature of any Underlying Market). These new margin requirements and stop-out levels will be applied to all your existing Positions as well as any new Transactions. Most contracts’ Minimum IMR is set out in the Contract Specifications which are correct at the time of publication. Margin Requirements that are not set out in the Contract Specifications or which have changed since the date of publication of the Contract Specifications will be quoted on request or posted on the website. It is your responsibility to ensure that you are using the most recent margin requirements applicable.
8.9 Occasionally new or temporary markets are created. These markets attract their own margin requirement that may not be published but will be available on demand.
8.10 You undertake to provide us with and to maintain on your account at all times sufficient cleared funds in order to meet the margin requirement and such undertaking shall be deemed to be repeated each time you open to enter into a Transaction. A failure to meet your margin obligations at any time is a Default Event and may result in us closing out your open Positions without notice to you.
8.11 Neither the funds on your account nor the margin applied to your Position(s) represents your total financial liability to SKYLINE TRADER
9. It is your responsibility to monitor your open positions and all other relevant factors used to calculate the Margin payable. SKYLINE TRADER is not obliged to make Margin Calls of you at all or within any specific time period. We shall not be liable to you for any failure by us to contact you or attempt to contact you.
- FEES AND PAYMENTS
10.1 In addition to Margin payments (as required and detailed above in Clauses 7 and 8 above) you agree to pay us such sums of money as may from time to time be due to us as a result of a Transaction or Position (including any charges and/or commissions detailed from time to time in the Contract Specifications) and such sums as may be required in or towards clearance of any debit balance on any account.
10.2 You will pay all applicable Value Added Tax (VAT) and other taxes and all other fees reasonably incurred by us in connection with any Transaction. Any changes to tax laws that result in future imposition of stamp duty, capital gains tax, or other tax, which may from time to time be levied on Transactions shall be for your account. You may be liable for other charges and taxes that are not imposed by us. You are solely responsible for the timely payment of such charges and taxes. You should seek independent advice if you are in any doubt as to what further charges or taxes may apply to you as a result of your entering this Agreement
10.3 In the event that charges are imposed by the credit or debit Card Company (or any other provider) used to deposit funds onto your account, these may be charged by us to you. SKYLINE TRADER will not be responsible for any non-payment of these charges and will not be liable for any proceedings or further charges resulting from non-payment of such charges.
10.4 You agree that we may share commission and charges with our Associated Companies, Trading Partners, or other third parties or receive or pay remuneration from or to the same in respect of Transactions entered into by us with you. Details of any such remuneration or sharing arrangements (for example where you have been introduced to us through a third party) will not be set out in the relevant contract note. Please note that such commissions and charges will only be paid where we are satisfied that such payments do not impair our obligation to act in the best interests of our client.
- TRANSACTION SPECIFICATIONS
11.1 The Contract Specifications provide important information in relation to each market offered by SKYLINE TRADER and clients are bly advised to ensure they understand them. The information provided in the Contract Specifications includes:
• Contract months available in each market; SKYLINE TRADER buy/sell spread and/or commission rate for each market
• Min IMR requirements for each market
• Basis of settlement; Last day of dealing:
• Transaction Size specifications; SKYLINE TRADER Quoting hours (in normal trading conditions the various trading times are set out in the Contract Specifications and all times stated in the Terms and Conditions and Contract Specifications relate to UK time).
• The applicable interest rate for Overnight Financing, and • Other matters pertinent to various markets.
11.2 SKYLINE TRADER has to the best of its ability ensured that the Contract Specifications are correct but SKYLINE TRADER reserves the right to amend any part of the Contract Specifications at any time.
11.3 Current spreads and/or commission rates on contracts will be quoted to you on request. SKYLINE TRADER has the right to vary spreads or commission rates on any contract or vary the Size specifications without notice especially in, but not limited to, volatile market conditions and/or illiquidity of the underlying Market. At SKYLINE Trader discretion quoted spreads made via the telephone may differ from the spreads available OTP or a DTP.
- EXPIRY OF FUTURE CONTRACTS
12.1 At SKYLINE TRADER we do not roll over dated OTC Future contracts. All positions that remain open at expiration will be closed at the SKYLINE Trader closing price on that day. Next month’s contracts will be available for trading at least four days before front-month
expiration, therefore, it is the sole responsibility of the client to take notice of expiries and act accordingly,
- ACCOUNT SETTLEMENT AND SET OF
13.1 If your account balance is in debit, the full amount of that balance is due immediately Payment
must be made in the currency in which the debit balance is denominated by agreement with
SKYLINE TRADER and at an exchange rate designated by SKYLINE TRADER the amount may be transferred in a currency of your choice)
13.2 SKYLINE TRADER will require immediate payment of any debit Account Balance by either SWIFT transfer, debit/credit card, or any other method of immediate electronic funds transfer acceptable to SKYLINE TRADER and delivered to SKYLINE TRADER bank accounts by 2.00 pm on the same business day that the debit account balance became due. SKYLINE TRADER is entitled to refuse payment by cheque without notice and without giving any reason
13.3 SKYLINE TRADER reserves the right to and shall be entitled to charge interest on all sums payable to SKYLINE TRADER under these Terms and Conditions which are not paid within 5 days of their due date until payment is made in full, SKYLINE TRADER shall charge you 2% per calendar month or part thereof cumulative on the sum owed to SKYLINE TRADER will require you to reimbursement for any and all costs we may suffer or incur if you fail to make payment when due for any reason whatsoever.
13.4 SKYLINE TRADER has the right to debit from your account or any other account in which you hold an interest any costs, interest or expenses incurred in recovering said debt. All debts to SKYLINE TRADER are recoverable in law. SKYLINE TRADER will actively pursue any sum (whatever the size) that is due.
13.5 Unrealised profits will under no conditions be paid or be available for electronic withdrawal or offset your obligation to pay your realized losses,
13.6 SKYLINE TRADER shall be entitled to keep hold of funds that are required to cover adverse cash positions, Margin Requirements, any uncleared funds (i.e. cheques or credit card payments), realized losses, and any other amount due under this Agreement.
13.7 SKYLINE TRADER may at any time set off any liabilities owed by it to you against any amount owed by you to SKYLINE TRADER, SKYLINE TRADER reserves the right, without notice to you and in its absolute discretion, to consolidate any or all of your accounts of whatever type or description or any accounts in which you have a part or management function or oversight interest.
13.8 Without prejudice to any part of this Agreement SKYLINE Trader shall be entitled to require the settlement of all open Positions at any time and with immediate effect. Such settlement shall be made at the prevailing SKYLINE TRADER Quote (Our Quote) for each trade at the time of settlement or at the first such time that such a settlement may be practicably made. The settlement amount in respect of each open Position shall be calculated by SKYLINE TRADER at its sole discretion as the difference between the opening value of each trade and its value on the settlement price
13.9 For the avoidance of doubt, we shall be entitled at any time to deduct, without notice or recourse to you, any money deposited in or credited to your account in error by us or on our behalf.
- CONFLICTS OF INTERESTS
14.1 SKYLINE Trader recognizes that there is the risk that, under certain circumstances, directors (including non-executive directors), employees, associates, consultants, or any other person directly or indirectly related to SKYLINE TRADER may hold interests, financial or otherwise, and benefits that may be in conflict with the best interests of the clients and as a consequence may damage the interests of the clients. This is known as a conflict of interest
14.2 To prevent and minimize the risk of conflicts of interest, SKYLINE TRADER has adopted a number of systems and procedures that set out how it will seek to identify and manage all material conflicts of interest. These are detailed in our Conflicts of Interest Policy which may be found online.
14.3 If you wish to have further information on our Conflicts of Interests Policy, or on any specific conflict of interest that you think might affect you, please contact us.
- AUTHORISED THIRD PARTY
15.1 SKYLINE Trader recognizes that in some circumstances it may be necessary or desirable for you to authorize someone to manage your account. You do so at your own risk and both you and the person you wish to authorize to operate your account will be required to execute and deliver to SKYLINE Trader a letter in the form of a signed Power of Attorney document authorizing and appointing such person (an Authorised Third Party”) to operate your account.
15.2 if you have opened an account electronically, and we do not have an original of your signature, you will not be able to appoint an Authorised Third Party until such time as you furnish us with an independently verified example of the signature photocopy of your passport or driving license)
15.3 You will be held fully responsible for all actions of the Authorised Third Party. SKYLINE TRADER shall be entitled to accept instructions from such Authorised Third Party until receipt of a written notice from you stating that the authority of the Authorised Third Party is revoked. Such written notice must be sent to SKYLINE Trader Client Services department by registered mail or by personal delivery countersigned by an officer of SKYLINE TRADER Upon receipt of this instruction SKYLINE TRADER shall change your account number and any passwords attributable to it. In any event, SKYLINE TRADER shall be entitled, and without notice to you, to refuse to accept instructions from any Authorised Third Party and to treat the appointment of any such Authorised Third Party as terminated
- TERMINATION
16.1 You may terminate this Agreement immediately by giving written or verbal notice to us.
16.2 You can contact us at any time via email, writing, or telephone to instruct us to close your account. We will only close your account if you have no monies owing to us and any open Position shall be closed in accordance with Clause 9.5 above. Any losses incurred on your account prior to the
closure of the account shall be deemed to be immediately payable by you.
16.3 You specifically and unconditionally agree that SKYLINE TRADER has the right to close or suspend your account with immediate effect in any of the following events you are in breach of this Agreement (the Terms and Conditions) • you have made any material misrepresentation to SKYLINE TRADER you fail to provide the information requested in relation to any verification undertaken by SKYLINE TRADER • you act in a rude or abusive manner to employees of SKYLINE Trader or , SKYLINE Trader at its sole discretion decides to terminate your account
16.4 If either party terminates this agreement all open Positions shall be immediately closed on the a current quote made by SKYLINE TRADER or, in the case where any market is closed for any reason, at the next available quote reasonably made by SKYLINE TRADER on the reopening of said market and no new trades shall be accepted by SKYLINE TRADER.
16.5 No penalty will be payable by either party on termination of this Agreement and termination will not affect any accrued rights. On termination either party, we may consolidate all or any of your accounts and may deduct all amounts due to us before transferring to you any credit balances on your account
16.6 At any time after the termination of this Agreement, we may without notice, close out any of your Positions
16.7 Further, if an Insolvency Event or Default Event occurs SKYLINE TRADER may (but is not obliged to) hand in whole or in part) all or any open Positions held by the client and any profits or losses attributable to such trades shall be settled immediately, dose all of your accounts and refuse to accept any new instructions or trades from you impose stop orders on all open Positions, or take any reasonable action to safeguard the interests of SKYLINE TRADER such action to be judged solely by SKYLINE TRADER
- Client Money
17.1 SKYLINE TRADER. will treat money received from you or held by us on your behalf in our client’s monies bank accounts.
17.2 SKYLINE TRADER. will hold all Client Money in client bank accounts.
17.3 It is not our policy to pay interest to you on any of your money held by SKYLINE TRADER.
17.4 In the event that there has been no movement on your account balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest, or similar items) and we are unable to trace you despite having taken reasonable steps to do so, you agree that we may cease to treat your money as client money, we shall make and retain records of all balances released and undertake to make good any future valid claims against released balances.
17.5 You may not assign any part of your profits or losses to a third party. A third party may not place any funds in your account or withdraw funds from your account. All withdrawals from your account balance must be paid directly to you (by means of a cheque SWIFT or debit/credit card payments).
17.6 Due to fraud prevention measures and in accordance with money laundering regulations SKYLINE TRADER will only refund monies back to where they came from. Where monies have been deposited by card the funds will be returned to that card where possible and where not possible SKYLINE TRADER may require the sight of original bank statements showing the original fund transfer to SKYLINE TRADER before refunding to the said bank account.
17.7 Where money has been deposited by bank transfer SKYLINE TRADER may require sight of the original bank statement showing the deposit of the transfer before any refund is made.
17.8 Where bank accounts have been closed SKYLINE TRADER may require a letter from the originating bank stating that the account has been closed and there are no funds owing to the bank. Before SKYLINE TRADER will refund to a new bank account we may require sight of the original deposit transfer statement from the closed account and sight of an original new bank account statement.
17.9 In reference to this Clause, if SKYLINE TRADER records show a discrepancy between card details and SKYLINE TRADER account details as supplied by you, SKYLINE TRADER may require sight of original bank statements, or any other relevant evidence, to confirm your new status before processing a refund.
17.10 SKYLINE TRADER may transfer client money to a third party as part of transferring all or part of its business if, in respect of each client with an interest in the client money that is sought to be transferred, it obtains the consent or instruction of that client at the time of the transfer of business.
- Force Majeure
18.1 Force Majeure events are exceptional, unusual, or emergency market conditions that may prevent SKYLINE TRADER from performing any or all of its obligations hereunder. They include, without limitation: markets that, in SKYLINE TRADER’s reasonable assessment, are in an emergency or exceptional state; the suspension or closure of any market upon which we base our quotes or the imposition of limits or special or unusual terms on the trading in any such market; the occurrence of any speculative movements which in our reasonable assessment distort the level of prices in any market quoted by us; compliance with any law or government order rule regulation or direction; an event which prevents SKYLINE TRADER from making orderly markets in any contract normally quoted by SKYLINE TRADER for the purposes of making Transactions; any up normal loss of liquidity in any of the markets quoted or the reasonable anticipation of such occurring or the event of excessive volatility, as reasonably assessed by SKYLINE TRADER in any market normally quote by SKYLINE TRADER or of the anticipation by SKYLINE TRADER that such a situation may occur; or. any act, event, or occurrence including any strike, riot or civil commotion, terrorism, interruption of power supply or electronic communication or information system technical or communication problems, or other act of god caused through loss of power which prevents SKYLINE TRADER from providing a normal Transaction service.
18.2 If we conclude in our reasonable assessment that a Force Majeure situation exists then we may in our absolute and sole discretion: suspend trading and/or amend SKYLINE TRADER. Quoting Hours for all or any markets; increasing deposit/Margin requirements and/or amending credit limits in the case of Credit Accounts; close any or all open Positions; refuse to take any further Transactions even if such Transactions would be closing trades; . immediately require payment of Margin and/or any other amounts you may owe SKYLINE TRADER cancel or fill any orders in each case at such levels as we consider in good faith and in our sole discretion to be fair and reasonable in the circumstances; reduce the maximum Transaction Size allowably; vary any spreads quoted by SKYLINE TRADER suspend or amend any part of these Terms and Conditions to the extent that it is impossible or unreasonable for SKYLINE TRADER.to conform to them; or. take such actions as SKYLINE TRADER deem proper in the circumstances to defend our clients and ourselves as a whole.
18.3 In the absence of fraud or bad faith, SKYLINE TRADER. shall not be liable to you for any losses you may suffer by reason of any action it may take in accordance with this Clause.
- Confirmations, Queries on Accounts, Complaints, and Compensation
19.1 Upon entering into any Transaction or order or amendment of an order or any cancellation of an order SKYLINE TRADER contract notes will be: displayed on screen in relation to a DTP Transaction; or. In respect of orders placed via the telephone: (a) emailed to you where those orders are in respect of a product provided on an OTP; or. (b) available to view on screen in relation to Transactions made via a DTP.
19.2 Any material to your account will trigger an email and/or an onscreen confirmation. The absence of an email confirmation or on-screen confirmation on of your account will not affect the validity of any Transaction or order which has been placed.
19.3 It is solely your responsibility to keep yourself fully up to date in respect of all your Transactions. As soon as you receive any contract note you must check it to make certain that it is correct. The sooner that SKYLINE TRADER is made aware of any error or problem, the sooner we will be able to look into or correct it. You must also regularly check your online statement.
19.4 Your account statement will be available online at any time SKYLINE TRADER has suspended your account or an OTP or a DTP is unavailable for any reason.
19.5 If you receive a contract note for a Transaction or led order that you allege has not been transacted by or for you, SKYLINE TRADER must be noted immediately. If you do not receive a contract note for a Transaction you have placed (or believe you have placed) you must inform SKYLINE TRADER immediately.
19.6 If you think that any contract note or statement contains any error you must inform SKYLINE TRADER immediately.
20. Alterations to These Terms and Conditions
20.1 These Terms are subject to alteration by notice to you. Any alteration shall be effective immediately on service in accordance with Clause 21 and shall apply to all open Positions and unfilled orders at the same time as the effective date of the change.
- Notices
21.1 All notices will be sent to clients of SKYLINE TRADER via the email messaging medium and unless SKYLINE TRADER receives a ‘failure to deliver’ message all such messages will be deemed to have been received by you. Any alteration of your email address must be communicated immediately to SKYLINE TRADER. Any losses incurred by you through non-receipt of notification or confirmation (in the case of trades or orders placed) are payable by you SKYLINE TRADER accepts no responsibility for non-receipt by you of any such notification or confirmation.
21.2 Any request by SKYLINE TRADER. that you make contact with us, for whatever reason, should be regarded as vital and should be acted upon immediately.
21.3 Where SKYLINE TRADER.is not notified nor receives notification from the Client that any notice or other communication has been received by the Client, it shall be deemed to have been duly served on the Client: if hand delivered at the Client’s last known home or work address or when actually given in person to the Client; if given orally over the telephone or in a face-to-face exchange with the Client (or person claiming to the SKYLINE TRADER. representative to be the Client), when it has actually been given; if given by leaving a telephone answering machine message, text message, or voice mail message, two hours after the message is left on the relevant medium.
22.”The Regulations, which encompass all the conditions governing the Client’s trading and non-trading operations, are of utmost importance and must be carefully read and understood by the Client. By accepting the terms of this Agreement, the Client also acknowledges and accepts the terms of all the Regulations listed above.
The acceptance of this Agreement by the Client is considered unconditional upon the Company’s receipt of an advance payment made by the Client in accordance with the terms specified in this Agreement. This advance payment serves as confirmation of the Client’s agreement to be bound by the terms and conditions outlined herein.
Once the Company receives the Client’s advance payment, all operations conducted by the Client in Skyline Trader or on the trading platform shall be subject to the terms and provisions stated in the Regulations. It is the responsibility of the Client to familiarize themselves with and adhere to these Regulations when engaging in any activities on the platform.
In every operation conducted within Skyline Trader or on the trading platform, the Client and the Company act as principals, and the Company does not operate as an agent on the Client’s behalf. As such, the Client assumes full and direct responsibility for fulfilling all obligations related to their operations in Skyline Trader or on the trading platform. If the Client acts on behalf of another individual, even if that person is identified, the Company will not consider them as a client and shall not bear any responsibility towards them unless explicitly agreed otherwise.
It is vital for the Client to recognize that by accepting this Agreement and making an advance payment, they acknowledge the Regulations as binding and commit to abide by them throughout their relationship with Skyline Trader. The Company expects the Client to operate in accordance with the agreed-upon terms and fulfill their obligations as outlined in the Regulations.”
22.1 Breach of Terms and Conditions: If a client violates any of the terms and conditions outlined in this agreement, including engaging in fraudulent activities, providing false information, or using the trading account for illegal purposes, Skyline Trader may choose to close the account without prior notice.
22.2 Non-Compliance with Regulations: In accordance with applicable laws and regulations, if a client fails to comply with regulatory requirements, such as providing required identification documents or maintaining the necessary account balance, Skyline Trader reserves the right to close the trading account without prior notice.
22.3 Abusive Trading Practices: If a client engages in abusive trading practices, such as manipulating prices, exploiting system vulnerabilities, or conducting excessive trading activities that disrupt the functioning of our platform or negatively impact other clients, Skyline Trader may take immediate action to close the trading account.
22.4 Security Concerns: In the event of suspected security breaches, unauthorized access, or any other activities that pose a threat to the integrity of our systems or the safety of our clients’ funds, Skyline Trader reserves the right to close the trading account without prior notice to protect the interests of all parties involved.
While we aim to provide transparency and maintain a client-centric approach, there may be situations where immediate action is necessary to ensure the overall security, integrity, and fair operation of our trading platform. In such cases, Skyline Trader will make reasonable efforts to communicate the reasons for the account closure to the client as soon as possible after the action has been taken.
Clients are encouraged to review and adhere to the terms and conditions outlined in this agreement to maintain a mutually beneficial and compliant trading relationship with Skyline Trader Ltd.
By opening an account with Skyline Trader, the Client acknowledges that they have read, understood, and approved all the conditions and terms set forth in the agreement. The act of opening an account signifies the Client’s acceptance and agreement to be bound by these conditions.
The Client recognizes the importance of thoroughly reviewing and comprehending all the terms and conditions outlined in the agreement before proceeding with the account opening process. It is the Client’s responsibility to ensure they are fully aware of the rights, obligations, and requirements associated with their participation in Skyline Trader.
By opening an account, the Client affirms their informed consent and acceptance of the terms and conditions governing their trading and non-trading activities with Skyline Trader. This includes but is not limited to the trading terms, account opening and verification procedures, risk disclosures, privacy and data protection policies, and any other relevant provisions outlined in the agreement.
The Client understands that their actions and operations within Skyline Trader are subject to the terms and conditions agreed upon during the account opening process. They agree to comply with all the stated rules, regulations, and policies throughout their engagement with Skyline Trader.
It is crucial for the Client to recognize that the decision to open an account with Skyline Trader serves as a testament to their acknowledgement and approval of the terms and conditions stated in the agreement. The Client is encouraged to seek clarification or legal advice if there are any uncertainties regarding the content of the agreement before proceeding with the account opening process.
Once the download and/or registration process has started in the Skyline Trader system, the customer and/or merchant acknowledges that he/she has read, understood and accepted all the terms contained in this contract.