Risk Disclosure Notice EU
Risk Disclosure Notice
Contracts for Difference, or CFDs, can put your capital at risk if used in a speculative manner. CFDs are categorized as high risk by some regulatory authorities as there is no protection of capital, no guaranteed return and clients can lose the amount invested. With the rs-prime.com Trading Platform it is not possible to lose more than the amount invested and customers cannot be left in debt to rs-prime.com. Nevertheless trading CFDs is not suitable for all investors; make sure you fully understand the risks involved before investing in such an instrument.
1. THIS RISK DISCLOSURE NOTICE FORMS PART OF THE TERMS OF BUSINESS
1.1. You understand that using the electronic platform offered by rs-prime.com (referred hereinafter as “we”, “our”, “us”, “the company”), you will have the opportunity to trade with CFDs. CFDs are high risk financial instruments which are not suitable for all investors. The trading platform is available at: www.rs-prime.com (the website, the platform)
1.2. This notice provides you with information about the risks associated with CFDs, but it cannot explain all of the risks or how such risks relate to your personal circumstances. If you are in doubt you should seek professional advice.
1.3. It is important that you fully understand the risks involved before deciding to enter into a trading relationship with us. If you choose to enter into a trading relationship with us, it is important that you remain aware of the risks involved, that you have adequate financial resources to bear such risks and that you monitor your positions carefully.
2. MAGNIFIED LOSSES
2.1. The nature of margin trading markets means that both profits and losses can be magnified and, unless you place a Stop Loss Order, you could incur very large losses if your position moves against you. However you cannot lose more than the balance on your Trading Account.
3. CHARGES AND TAXES
3.1. The Provision of Services by the company to the Client is subject to fees, available on the companyās website. Before the Client begins to trade, they should obtain details of all fees, commissions, charges for which the Client will be liable. It is the Clientās responsibility to check for any changes in the charges.
3.2. The charges imposed by the company are subject to changes according to the Agreement with the Client.
3.3. There is a risk that the Clientās trades in any financial Instruments may be or become subject to taxation and/or any other duty due to changes in legislation or Client’s personal circumstances. The company does not offer tax advice.
3.4. The Client is responsible for any taxes and/or any other duty which may accrue in respect of their trades.
3.5. It is noted that tax legislation in different countries is dynamic and taxes are subject to changes without a prior notice.
4. CFDs ARE NOT SUITED FOR LONG-TERM INVESTMENT
4.1. CFDs are not suited to the long-term investor. If you hold a CFD open over a long period of time, the associated costs increase and it may be more beneficial to buy the underlying asset instead. The reason for the higher costs related to CFDs is that you use a much bigger leverage than in the case of a purchase of the base asset.
5. NO RIGHTS TO THE BASE INSTRUMENT
5.1. CFDs do not provide any right to the base instruments or ā in the case of CFDs on stocks ā to voting rights.
6. ONLY INVEST SMALL PART OF YOUR MONEY IN ONE SINGLE POSITION
6.1. Don’t invest in contracts for difference money that you can’t afford to lose. An investment in contracts for difference carries a high degree of risk for the investor and due to fluctuations in value, the investor may not get back the amount invested.
7. APPROPRIATENESS
7.1. Subject to our obligation to assess the appropriateness of the Trading Platform for your circumstances, but any decision whether or not to open an account, and whether or not you understand the risks is yours.
7.2. We may also ask you for information about your financial assets and earnings. We do not monitor on your behalf whether the amount of money that you have sent us or your profits and losses are consistent with that information. It is up to you to assess whether your financial resources are adequate and what level of risk you take.
8. POTENTIAL RISKS
8.1. You cannot lose more than your Trading Account balance.
8.2. Before you open a CFD trade with us we require you to deposit money with us as an initial margin and you must ensure that the amount in your Trading Account is sufficient to maintain your positions open. The required guarantee amount (or āmarginā) will differ between instruments and the amounts will be indicated on the Trading Platform and/or on the website. This means that you will be trading using āleverageā and this can work for or against you; a small price movement in your favor can result in a high return on the guarantee amount for the trade, but a small price movement against you may result in substantial losses.
8.3. We will further require you to ensure that the funds in your Trading Account exceed the minimum required in order to keep a position open. Therefore, if the price of the CFD moves against you, you may need to provide us with substantial additional margin, at short notice, to maintain your open positions. If you do not do this, we will be entitled to close one or more or all of your positions. You will be responsible for any losses incurred.
8.4. You should also be aware that under the Client agreement we are entitled, at our sole discretion, to ask the Client to maintain the margin above the required minimum (also known as āmargin callā). Under the Terms of Business, you are required to satisfy any margin calls immediately, by any applicable means in the time prescribed by us. If you do not do this, we will be entitled to close one, or more, or all of your positions.
8.5. Unless you have taken steps to place an absolute limit on your losses (for example, by placing a Stop Loss Order on your Account) it is possible for adverse market movements to result in the loss of the entire balance of your Trading Account.
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9. NOT SUITABLE AS INCOME
9.1. The inherent concept of CFDs means they are not suitable for an investor seeking a main income from their investments as the income from such investments may fluctuate in value.
9.2. It is understood that the Client has no rights or obligations in respect of the base assets relating to the CFDs they are trading. There is no delivery of the base asset.
10. MARKET FLUCTUATIONS
10.1. It is important that you comprehend the risks associated with trading on a financial market as fluctuations in the price of the underlying market will have an effect on the profitability of the trade. For example: the value of investments denominated in foreign currencies may diminish or increase due to changes in the exchange rates.
10.2. CFDs are therefore only suitable for those Clients who fully understand the market risk and have previous trading experience. If unsure, it is advisable to seek independent advice.
10.3. Slippage is the difference between the expected price of a transaction in a CFD, and the price the transaction is actually executed at. Slippage often occurs during periods of higher volatility (for example due to news events) making an order at a specific price impossible to execute when market orders are used, and also when large orders are executed when there may not be enough interest at the desired price level to maintain the expected price of trade.
11. DERIVATIVES
11.1. Positions opened with us represent derivatives on other products and are not traded on any exchange. The prices and other conditions are set by us, subject to any obligations we have to provide best execution, to act reasonably and in accordance with our user agreement and with our order execution policy. Each CFD trade that you open through our Trading Platform results in you entering into a contract with us; these contracts can only be closed with us and are not transferable to any other person.
12. NEED TO MONITOR POSITIONS
12.1. Because of the effect of leverage and therefore the speed at which profits or losses can be incurred, it is important that you monitor your positions closely. It is your responsibility to monitor your trades.
13. OPERATIONAL RISKS
13.1. Operational risks are inherent in every CFD transaction. For example, disruptions in the companyās operational processes such as communications, computers or mobile networks or external events may lead to delays in the execution and settlement of a transaction. The company does not accept or bear any liability whatsoever in relation to our operational processes, except to the extent that it is caused by the fraud, negligence or dishonesty by the companyās employees.
13.2. In connection with the use of computer equipment and data, the Client bears the following risks amongst other risks, in which cases the company has no liability of any resulting lossĀ and lost profits:
a) Power cut of the equipment on the side of the Client or the provider, or communication operator (including voice communication) that serves the Client;
b) Physical damage (or destruction) of the communication channels used to link the Client and provider (communication operator), provider, and the trading or information server of the Client;
c) Outage (unacceptably low quality) of communication via the channels used by the Client, or the company or the channels used by the provider, or communication operator (including voice communication), that are used by the Client or the company;
d) Wrong or inconsistent with the requirements settings of the Clientās application;
e) Untimely update of the Clientās application;
f) The use of communication channels, hardware and software, generate the risk of non-reception of a message (including text messages) by the Client from the company;
g) Trading over the phone might be impeded by overload of connection;
h) Malfunction or non-operability of the platform, which also includes the Client Terminal.
13.3. The Client may suffer financial losses caused by the materialization of the above risks, the company accepting no responsibility or liability in the case of such a risk materializing and the Client shall be responsible for all related losses he may suffer.
14. TRADING PLATFORM
14.1. The Client is warned that when trading in an electronic platform they assume risk of financial loss which may be a consequence of amongst other things:
a) Failure of Clientās devices, software and poor quality of connection;
b) Companyās or Clientās hardware or software failure, malfunction or misuse;
c) Improper work of the Clientās equipment;
d) Wrong settings of the Clientās application;
e) Delayed updates of the Clientās application.
14.2. When signing a Contract with us the Client confirms that he has been informed that the only reliable source of information about the quotes is that of the base server for receiving quotes in real time. The quote base in the client terminal is not a reliable source for the quote information flow, because the connection between the client terminal and the server may break at some point and some of the quotes will simply not reach the client terminal.
15. COMMUNICATION BETWEEN THE CLIENT AND THE COMPANY
15.1. The Client shall accept the possibility he/she could receive with delay or not receive at all any notice from the company due to technical/communications problems. The Client will not demand any compensation from us in this case.
15.2. The Client is informed that the unencrypted information transmitted by e-mail is not protected from any unauthorized access and is aware that it must bear responsibility for sending and / or receiving such information.
15.3. The Company shall not be liable if unauthorized third parties have access to the information, including email addresses, electronic communications and personal data, access data when the above is transmitted between the company and the customer or over the Internet or other network communication devices, or any other electronic means when the client has not observed the technical measures needed for the protection of the data in question.
16. FORCE MAJEURE EVENTS
16.1. In case of a Force Majeure Event the company may not be in a position to arrange for the execution of client orders or fulfill its obligations under the Terms of Business with the Client. As a result the Client may encounter difficulties while using the services provided. The Client will not demand any compensation from us in this case.Ā
16.2. The company will not be liable or have any responsibility for any type of loss or damage arising out of any failure, interruption, or delay in performing its obligations under the Terms of Business with the Client where such failure, interruption or delay is due to a Force Majeure event.
17. ABNORMAL MARKET CONDITIONS
17.1. The customer acknowledges that under unusual market conditions, the order execution period may be extended or it may not be possible to execute orders at declared prices, or to execute them at all.
18. CURRENCY RISK
18.1. Clients should be aware that CFDs denominated in a currency other than their home currency have the additional risk associated with currency fluctuations.
19. WITHOUT ADVICE AND RECOMMENDATIONS
19.1. When placing orders with the company, it will not advise the client on the merits of a transaction or give him investment advice in any form and the client is aware that the services he receives from the company do not include the provision of investment advice for trading in contracts for difference or for the main markets. The client concludes transactions with financial instruments of his choice and makes the relevant decisions based on his own judgment. The Company makes no warranties as to whether the financial instruments it offers for trading are suitable for the client.
19.2. The company is not obliged to provide the client with any legal, tax or other advice related to any transaction. The client should seek independent expert advice if there is any doubt as to whether he would bear any tax liabilities. The client is hereby warned that the tax laws are subject to change and may change from time to time, for which the client must monitor independently
NEWSLETTERS
19.1. The company may, from time to time and at its own discretion, provide the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or the Trading Platform or otherwise) with information, news, market commentary or other information but not as a service. Where it does so:
a) The company will not be responsible for such information;
b) The company gives no representation, warranty or guarantee as to the accuracy, correctness or completeness of such information or as to the tax or legal consequences of any related transaction;
c) This information is provided solely to enable the Client to make his own investment decisions and does not amount to investment advice or unsolicited financial promotions to the Client;
d) If the document contains a restriction on the person or category of persons for whom that document is intended or to whom it is distributed, the Client agrees that he will not pass it on to any such person or category of persons;
e) The company does not make representations as to the time of receipt by the Client and cannot guarantee that he will receive such information at the same time as other Clients;
19.2. It is understood that market commentary, news, or other information provided or made available by the company are subject to change and may be withdrawn at any time without notice.
20. NO GUARANTEES OF PROFIT
20.1. The company provides no guarantees of profit or of avoiding losses when trading. The Client has received no such guarantees from the company or from any of its representatives. The Client is aware of the risks inherent in trading and is financially able to bear such risks and withstand any losses incurred.