PLEASE CAREFULLY READ

THESE TERMS AND CONDITIONS APPLY TO THE WEBSITE LOCATED AT OceanFX (THE “WEBSITE”) AND THE SERVICES OFFERED THROUGH THE WEBSITE. IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THE TERMS AND CONDITIONS, YOU SHOULD STOP USING THE WEBSITE AND SERVICES IMMEDIATELY.

  1. Acceptance of the Terms and Conditions
  1. Summary of the Services
  1. Registration and Your Account
  1. you are at least 18 years of age and the legal age to enter into a binding agreement in your location;
  2. you are of sound mind and capable of taking responsibility of your own actions with the full legal capacity to accepts these Terms;
  3. the purpose of your Account is for your own personal use;
  4. you shall only open one Account with the Website;
  5. you shall not assist others in obtaining unauthorized access to the Website, Services and/or your Account and/or any other activity on the Website that has been strictly authorized to you;
  6. you shall not access the account of any other person through the Website; and
  7. you shall be fully responsible for any activities undertaken by you on the Website and during the registration process.
  1. Know Your Customer (“KYC”), AML Policy, and Compliance
  1. Suspension or Termination of Your Account

  1. Service Fees and Charges

Please refer to the Company’s withdrawal policy that can be found in the following link: Withdrawal, Refund, and Cancellation Policy.

In the event that no Transaction has been executed through your Account for 30 consecutive days, we maycharge your Account with Dormant Account Fees in the amount of 99 (ninety nine) USD/ GBP/ EUR per each such period. You hereby explicitly confirm and authorize us to charge your Account with the Dormant Account Fees, which shall be deducted automatically.

We may charge you, debit your Account or otherwise be reimbursed by you for any costs and expenses which may apply to us pursuant to your Event of Default. An Event of Default shall mean any breach by you of these Terms, or you becoming in any way unable to pay your obligations (e.g. if you become insolvent or bankrupt, or a receiver, manager or administrator is appointed to you or any of your assets).

We may charge you, debit your Account or otherwise be reimbursed by you for any costs and expenses which may apply to us by third parties in connection with your trading with us, including but not limited to any transaction charges, commissions, fees, Prices, premiums, settlement and clearing fees, legal expenses and taxes.

  1. Deposits, Withdrawals, Cancellations & Chargebacks

  1. Leverage and Margin

  1. Margin Calls

  1. Closing Out upon Adjustment Events
    • Should any event which gives us the discretion to adjust to the terms of the CFD occur (each, an “Adjustment Event”), whether prior to or after you entered into a position relating thereto, we may, at our sole discretion:
      • Adjust any of the terms (including the price) of a CFD in accordance with this Section; or
      • If we determine (in our sole discretion) that it is not reasonably practicable to make such an adjustment, we may Close Out the CFD in accordance with these Terms.
    • An Adjustment Event may be, for example, each of the following:
      • Any event which has a dilutive or concentrative effect on the market value of the Underlying Asset;
      • If the Underlying Asset is a derivative which is able to be traded on a market – any event in respect of which the operator of the market makes an adjustment to the terms of the Derivative.
      • If the Underlying Asset is a share, debenture, unit or other security (or depositary receipt of any kind in respect of such) – upon any consolidation, reclassification or sub-division, buy back, in specie distribution, takeover, scheme of arrangement or similar event or other corporate action event in respect of the security, whether or not the event triggers an adjustment to any exchange traded derivative of it;
      • A distribution to existing holders of additional shares or other securities or other financial products granting them the right to receive dividends or other proceeds equally and proportionately with payments made to holders of the underlying securities; or securities, rights or warrants granting the right to a distribution of shares or to purchase, subscribe, or receive shares, in any case for payment (in money cash or money’s worth) at less than the prevailing market price per share as determined by us; or
      • If the Underlying Asset is an index, a substantial adjustment to the composition of the index outside its own terms allowing for adjustments or weightings; a failure to publish the index or a suspension or cancellation of the index.

  1. Intellectual Property; Website Technology

  1. External Websites and Third-Party Signal Providers

The Company makes no representations and takes no responsibility whatsoever regarding any third-party websites, services, or content which you may access through this Website. The Website or the Company’s representatives may present links or other forms of references to other websites, resources or market research providers (including but not limited to market research provider “Trading Central”), (the “External Websites”) over which the Company has no control. You acknowledge that the Company may present such links or references to you only as a convenience and that Company does not endorse any of the External Website services or offerings made to you or any content provided therein. The Company is not responsible for the availability of, and content provided on External Websites. You are requested to review the policies posted by the External Websites regarding privacy and other topics before use. The Company is not responsible for third party content accessible through the Website, including opinions, advice, statements, prices, activities, and advertisements, and you shall bear all risks associated with the use of such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. If you access any such External Websites you agree that you do so at your own risk, you agree that we will have no liability arising from your use of or access to any External Websites and you agree that you understand that past performance is not a reliable indicator of future performance. You are requested to review the policies posted by the External Websites regarding privacy and other topics before your use.

  1. No Warranty

CLIENT HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED IN WRITING BY THE COMPANY, (A) THE USE OF THE SERVICES, SOFTWARE AND WEBSITE IS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, AND THE COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES AS TO THE SERVICES, SOFTWARE, AND WEBSITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (B) THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, SOFTWARE OR WEBSITE ARE RELIABLE, CURRENT OR ERROR-FREE, THAT THEY MEET CLIENT’S REQUIREMENTS, OR THAT DEFECTS IN THE SERVICES, SOFTWARE OR WEBSITE WILL BE CORRECTED; AND (C) THE COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE OR WEBSITE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND THE CLIENT ACKNOWLEDGES THAT THE USE OF THE SERVICES, SOFTWARE, AND WEBSITE ARE AT THE SOLE RISK OF THE CLIENT.

  1. No Liability

CLIENT ACKNOWLEDGES AND AGREES THAT TO THE EXTENT PERMITTED BY ANY APPLICABLE LAW IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS AND/OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO THE USE OF, THE SERVICES, SOFTWARE, AND THE WEBSITE, UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY KIND IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT COMPANY, ITS AFFILIATES, LICENSORS AND/OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF THE SERVIES, SOFTWARE OR THE WEBSITE.

  1. Indemnification

You agree to defend, indemnify and hold harmless the Company, its subsidaries, connected companies, affiliates and service providers, and any of their respective employees, officers, directors, agents, joint ventures, and representatives, from any claims, demands, liabilities, damages, or costs (including attorneys’ fees, fines, or penalties) suffered by the Company and arising out of or related to (i) breach by you of the Terms; (ii) your use of the Website, Software, or Services or use by any other person accessing the Services or Software using your user identification whether or not with your authorization; or (iii) any violation by you of any law, rule, regulation, or the rights of any third party.

  1. Risk Factors
  1. Miscellaneous
    • Entire Agreement. These Terms comprise the entire understanding and agreements between you and the Company as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between you and the Company.

Appendix No. 1

Trading Examples

Below are some examples to illustrate the variables for a typical Transactions and how they affect the calculations. The variables of your actual Transactions will of course differ, as these examples are for illustrative purposes only. These examples do not reflect any actual Transaction or market conditions and are not forecasts or projections of any particular Transaction.

You opened an account with us, with an opening balance of $10,000
Day one:
Opening a Position Calculation Account Display
The price of CFD on Facebook share is $120.88 (bid price)/ $121.33 (offer price) You sell 100 Facebook share CFDs at the bid price of $120.88 100 x $120.88 = $12,088.00 $ 10,000 (opening equity)
The Initial Margin requirement for this trade equals the number of CFDs multiplied by trade price multiplied by the margin rate for this CFD, which is 10%. $12,088.00 (see above) X 10% (margin rate) = $ 1,208.00 $ 10,000 (opening equity) – $ $1,208.00 (Initial Margin requirement) = $8,792.00 $8,792.00 (free equity )
You decided to hold the position overnight. The closing price for Facebook Share CFD for the day was $120.88, the same as your sell price.
Day two:
At 11:30 a.m. New York time, because of worse than expected earnings announcement, the Facebook share had fallen to $111.88 Unrealised Profit: ($120.88 – $111.88) x 100 =$ 900 New Equity Balance: $ 10,000 + $ 900 =$10,900 $10,900 (total equity)
Your open position will remain at the historical purchase price of $120.88; This way you can keep track of your original purchase price at all times. Your free equity is your total equity less your margin requirement. New Margin Requirement: $100 x $111.88 x 10% =$1,118.80 Current free equity: $10,900 (total equity) -$1,118.80 (New Margin Requirement) = $9,781.20 $9,781.20 (free equity)
At 3:45 p.m. you decided to close your position. The market is quoted at $110.43 (bid price) /$110.88 (offer price)
To close your position, you buy 100 Facebook Share CFDs, at $110.88 market offer price 100 x $110.88 = $11,088.00
Realised Profit ($120.88 – $110.88) x 100 =$ 900 $10,000 (opening deposit) + $900 (realised profit) = $10,900 (total equity) $10,900 (total equity)

In this example, you were right in predicting Facebook will go down, and would have made $900 profit. However, if your prediction was wrong and the price of Facebook had moved in the opposite direction by an equal amount, your loss would have been (-) $900. Please see the example below for how this loss is calculated.

You opened an account with us, with an opening balance of $10,000
Day one:
Opening a Position Calculation Account Display
The price of CFD on Facebook share is $120.88 (bid price)/ $121.33 (offer price) You sell 100 Facebook share CFDs at the bid price of $120.88 100 x $120.88 = $12,088.00 $ 10,000 (opening equity)
The Initial Margin requirement for this trade equals the number of CFDs multiplied by trade price multiplied by the margin rate for this CFD, which is 10%. $12,088.00 (see above) X 10% (margin rate) = $ 1,208.00 $ 10,000 (opening equity) – $ $1,208.00 (Initial Margin requirement) = $8,792.00 $8,792.00 (free equity )
You decided to hold the position overnight. The closing price for Facebook Share CFD for the day was $120.88, the same as your sell price.
Day two:
At 11:30 a.m. New York time, because of better than expected earnings announcement, the Facebook share had risen to $129.88 Unrealised loss: (120.88 – 129.88) x 100 = -$900.00 New Equity Balance: $ 10,000- $ 900 =$9,100 $9,100 (total equity)
Your open position will remain at the historical purchase price of $120.88; This way you can keep track of your original purchase price at all times. New Margin Requirement: 100 x $129.88 x 10% =$1,298.80 Current free equity: $9,100 (total equity) – $1,298.80 (New Margin Requirement) = $7,801.20 $7,801.20 (free equity)
At 3:45 p.m. you decided to close your position. The market is quote at $129.43 (bid price) /$130.88 (offer price)
To close your position, you buy 100 Facebook Share CFDs, at $130.88 market offer price. 100 x $130.88 = $13,088.00
Realised Loss: ($120.88 – $130.88) x 100 = $-1,000 $10,000 (opening deposit) – $1,000 (realised loss) = $9,000 (total equity)* $9,000 (total equity)*

In this example, you were wrong in predicting Facebook will go down, and would have made $1,000 loss.

You opened an account with us, with an opening balance of $2,000
Day one:
Opening a Position Opening a Position Opening a Position
The price of CFD on Facebook share is $120.88 (bid price)/ $121.33 (offer price) You sell 100 Facebook share CFDs at the bid price of $120.88 100 x $120.88 = $12,088.00 $2000 (opening balance)
The Initial Margin requirement for this trade equals the number of CFDs multiplied by trade price multiplied by the margin rate for this CFD, which is 10%. Your free equity is your total equity less your margin requirement. $12,088.00 (see above) X 10% (margin rate) = $ 1,208.80 $ 2,000 (opening balance)- $ 1,208.80 (Initial Margin requirement) = $791.20 $791.20 (free equity )
You decided to hold the position overnight. The closing price for Facebook Share CFD for the day was $120.88, the same as your sell price.
Day two:
At 11:30 a.m. New York time, because of better than expected earnings announcement, the Facebook share had risen to $135.88 Unrealised loss: ($120.88 – $135.88) x 100 = $-1,500.00 New Equity Balance: $ 2,000- $ 1,500.00=$500 $500 (total equity)
Your account is marked to market at the current market price which will change your account balance New Margin Requirement: 100 x $135.88 x 10% =$1,358.80 Current free equity: $500 (total equity) – $1,358.80 (New Margin Requirement) = -$858.8 $858.8 (free equity)
As your Free Equity has fallen into a debit balance, you would now be on a Margin Call.* $858.8 margin call*
In this example, your Total Equity Balance fell below your Margin Requirement, your account will be placed on Margin Call. When your account moves into deficit you have two options. You can either reduce your position in order to reduce your Margin requirement or deposit additional funds into your account in order to increase the equity amount and satisfy the Margin Call. When you are in Margin Call you are not allowed to open any new positions. Further Margin Calls will be made if the price of Facebook keeps going up during the day. Please refer to the following example. *All examples provided above, do not include any additional Company and/or Trading Fees that the Company may imply on any transaction and/or account, including but limited to over night fees, inactive fees, etc.