GENERAL TERMS & CONDITIONS
Effective from 19.11.2012 until Further Notice
This is a legal contract between Unison Corporation, herein after known as (“Unison”, “us” or “we”) its successors and assigns,
and the party/parties (the “Customer”, “client” or “you”) executing this document. This document, together with our Risk Disclosure
Statement, Trading Conditions and Charges and Privacy Statement, represents the terms with which Unison will do business with
This document sets out the respective rights and obligations of both parties in connection with this service and both parties will
accept and be bound by these terms on acceptance of the terms contained herein and on completion of the application form by
Customer. In connection with opening an account with Unison to speculate in, and/or purchase, and/or sell, Forex, Contracts for
Differences (hereinafter referred to as “CFDs”), Options (hereinafter referred to as “Options”) and Spread Betting, in commodities,
metals, currencies and indices, and the receipt of such other services and products as Unison may, in its sole discretion, determine
to offer from time to time in the future, Customer acknowledges that it has been advised and understands the following factors
concerning trading in the over the counter market (“OTC”) and/or Spread Betting market, in addition to those contained in the
Risk Disclosure Statement which has been provided to Customer. We trade contracts for differences (“CFD”) transactions in OTC.
In consideration of Unison agreeing to provide services to “Customer”, “client” or “you” in connection with the purchase of Forex,
CFDs, Options and Spread Betting in commodities, currencies, metals and indices and the receipt of such other services and
products as Unison may, in its sole discretion, determine to offer from time to time in the future and which may be purchased or
sold by or through Unison for Customer’s accounts(s), Customer agrees that the following rights and obligations will govern the
relationship between Unison and Customer.
OTC trading means that trading does not take place on a regulated exchange. There are no guarantees as to the credit worthiness of the counter party of your Forex, CFDs, Options and Spread Betting position. Also, there may be certain cases in which trading liquidity decreases, causing Forex, CFDs, Options and Spread Betting in commodities, currencies, metals and indices to cease, thereby preventing the liquidation of an adverse position which may result in a substantial financial loss.
Unison does not provide investment advice. The market recommendations, signals, information provided by and/or distributed by Unison are general in nature and based solely on the judgment of Unison’s personnel or from third party information providers. These market recommendations may or may not be consistent with the market position or intentions of Unison, its affiliates, and/or employees. The market recommendations and information provided by Unison are based upon information believed to be reliable, but Unison cannot and does not guarantee the accuracy or completeness thereof or represent that following such recommendations will eliminate the risk inherent in trading Forex, CFDs, Options and Spread Betting. Any market recommendations of, or information provided by, Unison does not constitute an offer to buy or sell, or the solicitation of an offer
to buy or sell, any OTC transaction. Customer understands and hereby agrees that Customer is capable of, and solely responsible for, assessing the merits and risks of any trade it may enter into with Unison.
Customer understands that Unison does not permit its Customer representatives to either exercise discretion or manage an OTC account. If Customer’s account is not being traded with Customer’s authorisation, Customer must notify Unison immediately.
Unison’s margin policies and/or the policies of those banks/clearing houses through which trades are executed may require that additional funds be provided to properly margin Customer’s account and Customer is obligated to immediately meet such margin requirements. Failure to meet margin calls may result in the liquidation of any open positions with a resultant loss. Unison reserves the right to refuse to accept any order.
Customer understands that it must carefully review the reports relating to Customer’s trading posted online by Unison. All reports of execution and statements of accounts will be deemed final unless customer objects within two business days of being posted. Objections may be made initially by email or by telephone, but must be confirmed thereafter in writing.
Customer understands that Unison may establish rules and provisions for client accounts, including but not limited to minimum account size, investment time period, commissions and fees, leverage size per instrument, mark ups, rules relating to stop losses and limits, rules relating to rollovers, rules relating to margin calls, or any other financial arrangement, and that such rules and provisions may be changed by Unison from time to time.
Customer has read and understands the Customer’s obligations and rights under this Customer Agreement and agrees and acknowledges that this Customer Agreement, the Risk Disclosure Statement and the Privacy Statement will comprise the terms of the Customer’s relationship with Unison. The Customer agrees that Customer is fully responsible for making all decisions as to UNISON CORPORATION 2 transactions effected for Customer’s account. Customer has considered the foregoing factors and in view of Customer’s present and anticipated financial resources, Customer is willing and able to assume the substantial financial risks of OTC trading.
IT IS THE CUSTOMER’S RESPONSIBILITY TO FIND OUT ALL NECESSARY INFORMATION ABOUT TRADING IN FOREX, CFDs, OPTIONS AND SREAD BETTING AND UNISON TERMS AND CONDITIONS AND MAKE SURE THAT ALL RISKS AND ARRANGEMENTS ARE DISCUSSED AND CLEARLY UNDERSTOOD PRIOR TO ANY TRADING ACTIVITY.
1. TERMS AND HEADINGS
1.1 “Unison” shall, where the context so permits or requires, be deemed to mean Uni Trade Ltd its subsidiaries and affiliates and their successors and assigns;
1.2 “Customer” shall mean the party (or parties) who have agreed to be bound by the terms of this Agreement;
1.3 “Agreement” shall include this agreement and all other agreements and authorizations executed by Customer in connection
with the maintenance of Customer’s account with Unison. The paragraph headings in this Agreement are inserted for convenience
of reference only and are not deemed to limit the applicability or affect the meaning of any of its provisions.
2. INFORMATION ABOUT UNISON
2.1 Unison, trading as “Unison”, is a member of the Uni Group.
The Uni Group consists of:
• Uni Trade Ltd.
• UNI Trade EU Limited.
• Uni Capital Markets Australia Pty Ltd
• Uni Trade Japan K.K
Uni Capital Markets Pty
2.2 Uni Trade Ltd is a registered financial services company in the British Virgin Islands and is fully licensed and regulated by the
British Virgin Islands Financial Services Commission. The B.V.I Financial Services Commission is the Territory’s single financial
services Regulator responsible for authorising and licensing companies or persons to conduct financial services business.
3.1 It is our policy to treat all of our clients as retail clients irrespective of the existence of any categorisations in the client’s country of residence.
4. COMMUNICATION ON
4.1 The principal method of communication between Unison and Customer will be electronically via Unison’s website and on-line
4.2 Information regarding orders placed and executed will be addressed personally to Customer through a customer specific
4.3 However, certain information will be provided generally on our website, such as general market recommendations and Customer hereby consents to receiving information not addressed personally to customer in that form.
4.4 Customer may also place orders via the phone with our dealing room. In the course of our dealings with you, you may place orders with us via our on-line trading platform in the languages which are posted on our website, which is updated with additional languages from time to time.
4.5 Where orders are placed by phone via the dealing room you may communicate with us in any one of the languages which
are listed on the website.
4.6 All written communications from us to you will be in the language used to register your account via our website.
5. AUTHORISATION TO TRADE
5.1 Unison is authorised to enter into Forex, CFDs, Options and Spread Betting contracts on an over-the-counter basis with Customer in accordance with Customer’s oral or written or computer instructions, subject to the terms of this Agreement and all annexes hereto. UNISON CORPORATION 3
5.2 On completion of the application form by Customer, Unison will issue Customer with a secure password which is to be used with the chosen user-name of the Customer.
5.3 Unison’s security systems are designed to ensure that any information provided to and from Customer is securely transmitted. Customer is obligated to keep passwords secret and is solely responsible for ensuring that third parties do not obtain access to the password or Unison’s trading facilities.
5.4 Customer agrees to be exclusively responsible for any instruction received electronically that is identified with Customer’s password and account number and for any electronic, oral and written instruction to Unison from persons Unison in its sole judgment, believes are apparently authorized by Customer.
5.5 If Customer’s account is titled as a joint account, Unison is authorised to act on the instructions of any one owner, without further inquiry, with regard to trading on the account and the disposition of any and all assets in the account.
5.6 Unison shall have no responsibility for further inquiry into such apparent authority and no liability for the consequences of any actions taken or omitted to be taken by Unison in reliance on any such instructions or on the apparent authority of any such persons.
5.7 Unison has the authority to require joint action by the owners of the account in respect of the account. Unison may send all correspondences and documents in respect of the account to any one owner of a joint account.
5.8 Unison has possession over the security of the account whether individual or joint.
5.9 If a death occurs to one or more of the owners of a joint account, Unison shall be notified in writing and shown proof of a death certificate. All expenses due at the date of notification shall be charged to the account.
5.10 Up to the time valid written notification is provided to Unison, each owner of a joint account is presumed to have an equal share in the joint account.
6. APPROPRIATENESS OF TRADING
7. GOVERNMENTAL COUNTER PARTY INSTITUTION AND INTERBANKING SYSTEM RULES
7.1 All transactions under this Agreement shall be made in accordance with usage, rulings and interpretations of the counter party institution or other interbank market (and its clearing organization, if any) and with all applicable laws and regulations.
7.2 If any statute shall hereafter be enacted or any rule or regulation shall hereafter be adopted by any governmental authority, or a contract market or clearing organization which shall be binding upon Unison and shall affect in any manner or be inconsistent with any of the provisions hereof, the affected provisions of this Agreement shall be deemed modified or superseded, as the case may be, by the applicable provisions of such statute, rule or regulation, and all other provisions of this Agreement and provisions so modified shall in all respects continue in full force and effect.
7.3 Customer acknowledges that all transactions under this Agreement are subject to the aforementioned regulatory requirements and Customer shall not thereby be given any independent legal or contractual rights with respect to such requirements.
8. MARGINS AND DEPOSIT REQUIREMENTS
8.1 Customer shall provide to and maintain with Unison margin in such amounts and in such forms as Unison, in its sole discretion, may require.
8.2 Such margin requirements may be greater or less than margins required by those banks or brokers with which trades are executed.
8.3 Unison may change margin requirements at any time.
8.4 Customer agrees to deposit by immediate wire transfer, or other payment method acceptable to Unison, such additional margin when and as required by Unison and will promptly meet all margin calls in such mode of transmission as Unison in its sole discretion designates.
8.5 Unison may at any time proceed to liquidate Customer’s account and any failure by Unison to enforce its rights hereunder shall not be deemed a waiver by Unison to enforce its rights thereafter.
8.6 Unison retains the right to limit the amount and/or total number of open positions which Customer may acquire or maintain
at Unison, and to increase margin requirements in advance of earnings or other news or events, with or without notice, either
before such events or retroactively or at any other time that it deems at its sole discretion.
8.7 Orders must be placed allowing sufficient time to execute and to calculate margin requirements.
8.8 Profits deriving from a transaction shall be added to Customer’s account as additional margin, as long as the transaction is
open, and upon the closing of the transaction, as an addition to the Available balance for withdrawal.
8.9 Losses deriving from a transaction shall be deducted from Customer’s account.
9.1 Unison may elect to grant a benefit to Customer by depositing bonus amounts in Customer’s trading account, subject to
certain terms and conditions as shall be determined by Unison, at its sole discretion. Such bonus amounts may not be withdrawn
by Customer, unless Customer complies with the applicable trading requirements posted on Unison’s website as may be amended
from time to time or as communicated to Customer.
9.2 If Unison suspects or has reason to believe that Customer has attempted fraudulent activity in order to claim a bonus, or any
other promotion, Unison reserves the right to:
(i) Cancel or reject the bonus promotion, and any related Trading Agent bonus, at its sole discretion GENERAL TERMS &
CONDITIONS Page 7 of 37
(ii) To terminate Customer’s access to services provided by Unison and/or terminate the contract between Unison and the
Customer for the provision of services,
(iii) To block Customer’s Account(s) and to arrange for the transfer of any unused balance to Customer.
9.3 If Unison suspects or has reason to believe that Customer has abused the terms and conditions of a bonus offer by hedging
positions internally (using other trading accounts held with Unison) or externally (using other trading accounts held with other
brokers), Unison reserves the right to cancel bonuses, and any trades or profits associated with Customer’s account(s).
9.4 Bonus promotions may be restricted in certain jurisdictions.
9.5 Unison reserves the right to cancel or reject bonus promotions at its sole discretion.
10.1 Options are contracts that give the buyer the right, but not the obligation, to buy (in the case of a Call Option) or to sell (in the case of a Put Option) a specified FX/CFD at a specified price (the “Strike”) at a specified time and date (the “Expiration”), from or to the seller of the option. These are commonly known as European style vanilla options.
10.2 The proceeds of the purchase or sale of an Option (the “Cost”, or “Premium”) will be immediately debited or credited to the cash balance of the account. At Expiration, Options that are in the money will be automatically closed out at intrinsic value, that is, in the case of Call Options, the amount by which the closing price of the specified FX/CFD exceeds the strike price, and in the case of Put Options, the amount by which the Strike exceeds the closing price of the specified FX/CFD. For long Call and short Put positions, the closing price will be the prevailing bid price of the underlying FX/CFD at Expiration; and for short Call and long Put positions, the closing price will be the prevailing ask (offer) price of the underlying FX/CFD, as determined by Uni in its sole discretion. Options that are not in the money will expire worthless.
10.3 The Customer acknowledges, recognizes and accepts that Unison quotes variable spreads on Options. The Client is specifically made aware that variable option spreads are affected by actual market conditions, which are beyond Unison’s control. Unison does not guarantee any maximum or minimum quotable option spreads. There may be times when Options quotes are not Available in some underlying FX/CFDs.
10.4 We allow you to perform various transactions, including in respect of options based on various indices that shall be defined by us from time to time (for example, index rates and stock and option rates), and to receive financial information and various other services as we shall determine in our sole discretion. Prior to effecting any transaction, we advise you to read the GENERAL TERMS & CONDITIONS Page 8 of 37 explanations that may be found on the website regarding each type of transaction. The rules of trade are set exclusively by UNI.
10.5 We will make Available, by posting onwww.unison-corporation.com the current price applicable to a share or index, and offer you the opportunity to submit a put or call position in respect of such share. Each position shall be for a specified expiry time. We expect that the current prices will be reasonably related to the actual prices of such shares Available in the market. We make no warranty, express or implied, that the quoted prices represent prevailing quoted prices.
11.1 UniProtect is a risk management tool that offers protection against losses on a specific position for a chosen time frame in
exchange for a fee paid at the time of purchase.
11.2 Customers may be offered UniProtect at the time of opening positions, and at other times.
11.3 UniProtect is only Available via UnisonGO.
11.4 Each UniProtect contract relates to a specific position (the “covered position”) and is not transferable to other positions.
11.5 Each UniProtect contract has a fixed Expiration Date and Time, or Term.
11.6 The fee paid for UniProtect is based on the expected volatility of the underlying position over the period of the contract.
11.7 Fees paid for UniProtect are deducted from an account’s free cash balance at the time of purchase.
11.8 The fee paid for UniProtect is non-refundable.
11.9 UniProtect does not refund any overnight interest costs, commissions, or other fees if applicable.
11.10 If a customer purchases an UniProtect contract for a position, then
11.10.1 If the customer realizes losses on a covered position prior to the UniProtect Expiration date and time for any reason, including Stop Loss, Unison will credit the account with the loss.
11.10.2 If the customer has unrealized losses on a covered position as of the time the UniProtect Expiration date and time, Unison will credit the account with that unrealized loss, based on the prevailing market price of replacing the protected position, in Unison’s sole discretion. No action is required by the customer on the Expiration of UniProtect to receive this credit,
and the position remains open.
11.11 UniProtect contracts have no value after the protected position is closed or after the Expiration date and time, whichever occurs first.
11.12 UniProtect contracts have no impact on required margin, and accounts do not reflect any potential unrealized value of UniProtect contracts.
11.13 Customers are always required to maintain adequate margin or positions may be closed.
12. CUSTOMER ASSETS
12.1 Interest is not payable by Unison on client funds deposited by Customer.
12.2 All funds, securities, currencies, and other property of Customer which Unison or its affiliates may at any time be carrying for
Customer (either individually, jointly with others, or as a guarantor of the account of any other person,) or which may at any time
be in its possession or control or carried on its books for any purpose, including safekeeping, are to be held by Unison as security
and subject to a general lien and right of set-off for liabilities of Customer to Unison whether or not Unison has made advances in
connection with such securities, commodities, currencies or other property, and irrespective of the number of accounts Customer
may have with Unison.
12.3 Unison may in its discretion, at any time and from time to time, without notice to Customer, apply and/or transfer any or all
funds or other property of Customer between any of Customer’s accounts.
12.4 Customer hereby also grants to Unison the right to pledge, re-pledge, hypothecate, invest or loan, either separately or with
the property of other Customers, to itself as broker or to others, any securities or other property of Customer held by Unison as
margin or security.
12.5 Unison shall at no time be required to deliver to Customer the identical property delivered to or purchased by Unison for any
account of Customer.
12.6 This authorization shall apply to all accounts carried by Unison for Customer and shall remain in full force until all accounts
are fully paid for by Customer or notice of revocation is sent by Unison from its home office.
12.7 Any failure by Unison to enforce its rights hereunder shall not be deemed a future waiver of such rights by Unison.
12.8 Unison is irrevocably appointed as attorney in-fact for Customer and is authorized, without notice to Customer, to execute
and deliver any documents, give any notice and to take any actions on behalf of Customer, including the execution, delivery and
filing of financing statements, that Unison deems necessary or desirable to evidence or to protect Unison’s interest with respect to
12.9 In the event that the collateral deemed acceptable to Unison is at any time insufficient to satisfy Customer’s indebtedness or
other obligations to Unison, including obligations to provide margin here under, Customer shall promptly pay upon demand the
entire amount of such deficit.
12.10 Default of Credit Institution and Monitoring:
12.10.1 In the event of default of one of our appointed credit institutions, Unison does not accept responsibility and is
not subject to any liability arising from losses to clients arising from such a default.
12.10.2 However, we conduct appropriate and continuing risk assessment of our appointed credit institutions in order to
ensure that our appointed credit institutions are safe repositories.
12.10.3 We will supply the details of our appointed credit institutions on request to retail clients, including the names of
those institutions and the client account details.
12.10.4 Where Customer does not wish Unison to deposit funds with a particular credit institution we will return such
funds to Customer as soon as possible.
12.11 Pursuant to section 11.4 Customers trading on the UNI Direct platform agree to the transfer of full ownership of funds to
Unison for the purpose of securing or otherwise covering a required margin and as such the required margin will no longer be
treated as belonging to the Customer. Unison will deposit the required margin as collateral with its liquidity provider(s). These
funds will not be registered in the customer’s name. Funds deposited by the Customer in excess of the required margin will be
treated as client funds in accordance with the Client Asset.
13. CONFLICTS OF INTEREST
13.1 Unison is required to maintain and operate effective organisational and administrative controls to take all reasonable steps to identify, manage, disclose and record conflicts of interest. In order to achieve this Unison has established and implemented a Conflicts of Interest policy.
13.2 Where arrangements made by Unison to manage conflicts of interest are insufficient to ensure, with reasonable confidence, that risks of damage to client interests will be prevented, Unison shall clearly disclose to the client the general nature and the sources of the conflicts of interest before undertaking business on the client’s behalf
14.1 In the event that you have any query and/or concern and/or issue and/or problem and/or reason to feel dissatisfied with any aspect of our service, in the first instance you should contact our customer services team, as the vast majority of issues can be dealt with at this level, via: www.unison-corporation.com
14.2 If our customer services team is unable to resolve the matter or you feel that our service has not met your expectations and you wish to raise this issue as a formal complaint, you must complete a Complaint Form, which is accessible in the legal documents section of our website. The completed Complaint Form accompanied by adequate supporting evidence (as necessary) must be submitted to complaints@Unison.com to be recorded as a formal complaint.
14.3 We will provide you with a regular written update on the progress of the investigation of the complaint at intervals of not greater than 20 business days;
14.4 We will attempt to investigate and resolve the complaint within 40 business days of having received the complaint;
14.5 Where the 40 business days have elapsed and the complaint is not resolved, we will inform you of the anticipated time frame within which we hope to resolve the complaint.
14.6 Once an investigation of the complaint is completed, a Final Response shall be issued to the Client with the investigation’s outcome(s) together with any required explanations and any remedy measures the Company intends to take.
14.7 A Complaint will be deemed as resolved or settled where the Company has sent in writing a Final Response to the Client.
14.8 If you do not feel that your complaint has been resolved satisfactorily you are then able to refer your complaint to the British Virgin Islands Financial Services Commission (“BVIFSC”).
14.9 The BVIFSC will act mainly as an intermediary, between the customer and Unison, and seek to establish a factual account of the situation. The BVIFSC will work towards determining whether any violation of laws, regulations and/or policy guidelines has occurred.an independent organisation that was established to resolve disputes between financial institutions and their customers.
14.10 Any referral to the BVIFSC must take place within six years of our Final Response to you, and you should also note that the BVIFSC may not consider a complaint until we have had the opportunity to address the complaint. For further details, please visit BVIFSC’s website www.bvifsc.vg.