1. INTRODUCTION AND SCOPE
- 1.1 This Client Service Agreement (the “Agreement” or “Terms”) is between the client (“Client” or “you”) and STOICFX (PTY) LTD, trading as STOICFX (“STOICFX”, “Company”, “we” or “us”). It governs your use of our intermediary services, client account facilities, website at https://stoicfx.com/ and associated platforms (the “Services”).
- 1.2 STOICFX (PTY) LTD is registered in South Africa under registration number 2022/803033/07 and is an authorized Financial Services Provider regulated by the Financial Sector Conduct Authority (“FSCA”) under FSP license number 53079. Its registered address is Office 222, 2nd Floor, Ingenuity Park, 3 Nandi Mthembu Drive, Ballito, KwaZulu-Natal, 4420, South Africa.
- 1.3 By registering an account and accepting these Terms, you agree to be bound by this Agreement. Our Privacy and POPI Policy explains how we process personal information and should be read together with these Terms.
- 1.4 STOICFX acts solely as an intermediary and does not act as principal or market maker in relation to client transactions. Client orders are transmitted for execution through STARTRADER Financial Markets Limited, operating as STARPRIME (“STARPRIME”), which acts as STOICFX’s institutional liquidity provider. This straight-through processing (“STP”) arrangement is described in clause 8.3.
- 1.5 If you do not agree to these Terms, you must not register an account or use the Services. Contracts for Difference (“CFDs”) are complex, leveraged instruments and carry a high risk of rapid financial loss. You should read the applicable Risk Disclosure Statement before trading.
- 1.6 STOICFX may amend these Terms to reflect changes to its Services, execution arrangements, business requirements or applicable laws and regulations. The current version will be made available on our website.
- 1.7 Changes will take effect on the date specified in the updated Terms or accompanying notice. We will notify you of material changes through the website, platform or your registered contact details before they take effect, except where an immediate change is required by law or necessary to address an urgent security or operational risk.
- 1.8 Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not accept a change, you may request account closure in accordance with clause 11. Existing transactions remain subject to their applicable obligations and any mandatory legal requirements.
2. ELIGIBILITY
2.1 Legal Age
To be eligible for the use of STOICFX Services, clients must be at least eighteen (18) years of age. By accessing or using the services provided by STOICFX, you represent and warrant that you are of legal age to enter into a binding agreement and that you have the capacity to comply with the terms of this Agreement.
If you are using the services on behalf of an organization or entity, you further represent that you have the authority to bind that organization to these Terms. If you do not meet the eligibility requirements outlined herein, you are prohibited from accessing the STOICFX Site and using its services.
STOICFX reserves the right to verify the age of users and may request additional documentation to confirm eligibility. Any attempt to circumvent these eligibility requirements may result in the suspension and/or termination of access to the STOICFX Site(s) and/or services.
2.2 Restricted Jurisdictions
- 2.2.1 The information and Services are not intended for distribution to, or use by, any person or entity in any jurisdiction where doing so would violate applicable laws or regulations. Restricted jurisdictions include the following:
Afghanistan, Algeria, American Samoa, Angola, Australia, Cambodia, Canada, Crimea region of Ukraine, Cuba, Democratic People’s Republic of Korea (DPRK), Donetsk, Guam, Hong Kong, Indonesia, Iran, Iraq, Japan, Lao People’s Democratic Republic, Lebanon, Luhansk, Malaysia, Myanmar, New Zealand, Northern Mariana Islands, Papua New Guinea, Puerto Rico, Russian Federation, Singapore, South Korea, Sudan, Syrian Arab Republic, Taiwan, Uganda, United States of America, United States Virgin Islands, Vanuatu, Vietnam, Yemen, British Virgin Islands.
- 2.2.2 These restrictions are non-exhaustive. STOICFX may impose additional restrictions to comply with applicable law, sanctions, its risk policies or requirements of its execution and payment arrangements. Eligibility is assessed against the restrictions applicable at the relevant time. You may contact our support team for information about current restrictions.
- 2.2.3 You must provide accurate information about your residence, location and, where relevant, place of incorporation, and promptly notify STOICFX of changes that may affect eligibility. STOICFX may request supporting information and restrict or terminate Services where a restriction applies. You must not conceal your location or otherwise circumvent these restrictions.
3. REGISTRATION OF A STOICFX ACCOUNT
- 3.1 In order to use any of the STOICFX services, Client(s) must first register by providing their full name, an e-mail address, unique password, and affirming acceptance and acknowledgement of these Terms.
- 3.2 STOICFX may, at our sole discretion, refuse access and/or establishment of a STOICFX Account and/or limit the number of STOICFX Accounts that a single Client may establish and/or maintain at any time.
4. IDENTITY VERIFICATION
- 4.1 In order to use certain features of the STOICFX Services, including transfers of funds, Client(s) will be required to provide STOICFX with requested personal information – including, but not limited to, the following: the Client(s)’ full name, physical address, contact number, e-mail address, date of birth, taxpayer identification number, government identification number, and/or information regarding your bank account (e.g., financial institution, account type, routing number, and account number).
- 4.2 In submitting this and/or any other personal information, Client(s) verify that the information is accurate and authentic and agree to update STOICFX if and/or when any information provided changes.
- 4.3 You hereby authorize STOICFX to, directly and/or through third parties make any inquiries considered necessary by STOICFX to verify your identity and/or protect the Company against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, and/or date of birth), to query account information associated with your linked bank account (e.g., name and/or account balance), and to take action reasonably deemed necessary by STOICFX based on the results of such inquiries and/or reports.
5. GENERAL TERMS AND ACKNOWLEDGMENTS
- 5.1 Prices, exchange rates and trading charges may vary. Applicable trading conditions are made available through the website, trading platform or relevant account and instrument specifications, subject to clauses 6 and 8.
- 5.2 Client(s) are responsible for entering the correct recipient banking information and/or wallet addresses.
- 5.3 You are responsible for losses resulting from incorrect payment details supplied by you, except to the extent caused by a failure for which STOICFX is responsible under applicable law. Cryptocurrency transfers may be irreversible. Recovery of an incorrect transfer cannot be guaranteed; reversibility of a bank or other payment depends on the relevant payment method and provider.
- 5.4 You must complete the required account verification and security checks, including two-factor authentication where required, before accessing the relevant Services. Security authentication does not replace identity verification or other due diligence requirements.
- 5.5 Deposits and other payments must be made through an approved payment method and in accordance with the instructions displayed for that method. Trading is subject to sufficient cleared funds and applicable margin requirements. Submitting a payment instruction does not itself confirm that funds are available for trading.
- 5.6 Payment confirmation will be made available when the relevant payment has been confirmed. Processing times depend on the payment method, network conditions, verification requirements and the relevant provider. STOICFX does not guarantee a fixed processing time. You may contact support for assistance with a pending payment.
- 5.7 A payment transfer is distinct from a trading order. Cryptocurrency transfers may be irreversible, while trading instructions and executed transactions are subject to the cancellation and adjustment provisions in clause 8.
- 5.8 STOICFX may suspend order transmission, account access or payment processing pending required verification, an investigation or compliance checks. Where payment processing is performed by another entity, STOICFX may communicate the relevant restriction to that entity. This clause does not represent that STOICFX itself holds client funds.
- 5.9 Where there is a reasonably identified incorrect account credit or debit, or suspected criminal or fraudulent activity, STOICFX may restrict the affected activity and investigate. Any account correction must relate to the identified error or activity and, where execution is affected, be handled consistently with clauses 8.3 and 8.11. Notice will be provided where legally permitted.
6. COSTS, PAYMENTS AND CHARGES
6.1 Charges
You shall pay the applicable spreads, commissions, financing charges and other fees disclosed in the website, platform, account specifications or payment instructions. Fees and charges must be read before you trade or make a payment. Changes to charges will be communicated before taking effect, except for variable charges linked to market conditions or where an immediate change is permitted under this Agreement and applicable law.
6.2 Additional Costs
You acknowledge the possibility that other taxes or costs may exist that are not paid through or imposed by us.
6.3 Payments
Payments must be made in an accepted currency using an approved payment method and the payment instructions provided. Payments, including applicable fees and payouts, are facilitated by VALORIS SOLUTIONS LIMITED (HE 493875), a related entity of STOICFX (PTY) LTD, with its registered address at Genevis 2, Geneva Court, Flat/Office 301, 3116 Limassol, Cyprus. VALORIS SOLUTIONS LIMITED does not provide financial, brokerage, investment or trading services. Its applicable payment terms are available on its website and should be reviewed before using its payment services. Those terms govern the relevant payment service and do not alter STOICFX’s intermediary role or displace obligations under this Agreement or applicable law. You must not make a deduction or withholding from an amount due unless required by law.
6.4 Remuneration and Sharing of Charges
STOICFX (PTY) LTD may share charges with Associates, partners, intermediary service providers and agents (collectively referred to as “Partners”) relating to Transactions carried out in your Account. Partners are receiving remuneration on the basis of a percentage of the spread, a fixed fee and/or based on any other method agreed with them, which may affect the costs associated with your Account.
6.5 Financing charges and rollover
A financing charge or credit may apply to an FX or CFD position held beyond the relevant daily rollover time. The applicable rate, calculation method, timing and any commission are specified in the relevant platform or account and instrument specifications. Charges or credits arising through the execution arrangement will be reflected in your trading account.
Financing rates may vary with market interest rates, liquidity, volatility and the applicable execution conditions. STOICFX communicates or reflects the relevant conditions in its intermediary capacity; it does not act as principal to the position. Any separately imposed STOICFX charge will be disclosed as such. You should check current charges before opening or maintaining a position.
Open positions may be carried forward to the next trading day in accordance with the relevant instrument specification. The applicable rollover time and any weekend or multiple-day charge are those displayed for the instrument. You authorize the corresponding disclosed charge or credit to be reflected in your account.
6.6 CFD contract expiry and rollover
Where a CFD references a futures contract or another expiring underlying instrument, its expiry or rollover treatment will follow the relevant instrument specification and execution arrangement through STARPRIME. Positions may be closed at expiry or rolled to a subsequent underlying contract as specified for that instrument.
Where rollover occurs, a price adjustment may be credited or debited to account for the difference between the expiring and replacement contracts. The direction and amount depend on the position, contract size, price difference, currency and applicable execution methodology. Any separately applicable financing charge or fee will also be reflected. Pending orders may be cancelled or adjusted at rollover in accordance with the instrument specification.
STOICFX will endeavour to communicate scheduled expiry or rollover information through the website, platform or registered contact details. You remain responsible for monitoring the relevant specification and managing your positions. If you do not wish to participate in a rollover, you should close the affected position and cancel pending orders before the applicable deadline.
Rollover adjustments, including corrections notified through STARPRIME, will be shown in your account records. STOICFX may facilitate these adjustments in its intermediary capacity. Where the instrument currency differs from your account currency, the applicable conversion rate and any disclosed conversion charge will apply.
6.7 Overnight Rollover
You authorize applicable overnight financing charges or credits to be reflected in your account in accordance with clause 6.5 and the relevant instrument specification. Their administration through STOICFX does not make STOICFX the principal or market maker for the transaction.
6.8 Right to Cancel
You have a right to cancel this Agreement within a period of fourteen (14) days commencing on the date on which this Agreement is concluded (the “Cancellation Period”). Should you wish to cancel this Agreement within the Cancellation Period, you should send notice electronically to the following email address: [email protected]
Cancelling this Agreement within the Cancellation Period will not cancel any Transaction entered into by you during the Cancellation Period. If you fail to cancel this Agreement within the Cancellation Period, you will be bound by its terms.
7. CLIENT ACCOUNTS AND INITIAL DEPOSITS
7.1 Account setup and maintenance
Before your account is activated, you must accept this Agreement, complete the applicable registration and verification requirements and provide the requested supporting documents. Trading is subject to sufficient cleared funds and applicable margin requirements. STOICFX may decline an application in accordance with its eligibility and compliance requirements.
At registration and during ongoing monitoring, STOICFX may request information or documents required by applicable laws and regulations (“Applicable Regulations”). It may verify your identity, address and other relevant information using appropriate independent sources and service providers. Relevant information may be shared on a need-to-know basis with STARPRIME, VALORIS, other service providers and competent authorities, including the FSCA, where necessary and lawful. Personal information will be processed in accordance with the Privacy and POPI Policy. You must promptly notify STOICFX of changes to information supplied and provide updated documents when reasonably requested.
7.2 Currency of Accounts
Account(s) balances will be calculated and reported to you in the currency in which Account(s) are maintained.
7.3 Joint Accounts
STOICFX (PTY) LTD does not support the use of jointly held and managed accounts. Clients are obligated to act in their own capacity, or in the appropriate capacity for and on behalf of corporate entities.
7.4 Islamic accounts
In the event of a Client who due to its observance of Islamic religious beliefs cannot receive or pay interest, such Client may elect to designate, in the manner provided by the Company as this may be altered from time to time, their trading account to be a swap-free account not charged with or entitled to, premiums and/or rollovers and/or interest (“Islamic Account”). The Client hereby confirms and/or accepts and/or declares that a request to render their account as an Islamic Account shall only be made due to the said Islamic religious beliefs and for no other reason whatsoever. The Company reserves the right to refuse to accept the request of a Client to designate their account as an Islamic Account, at its sole and absolute discretion which shall be conclusive and undisputable by the Client.
In the event that the Company suspects that a Client is abusing the rights conferred to them by the classification of the account as Islamic Account, the Company has the right, without prior notice, to proceed with one or more of the following:
- The Company may add commission upon each and every one of the Transactions executed on the Islamic Account; and/or
- The Company may cancel the special rights and/or conditions conferred to the Account due to its classification as an Islamic Account, recall the designation of the Account as an Islamic Account and render it a normal trading Account; and/or
- The Company may restrict and/or prohibit the Client from hedging their positions; and/or
- Where action affecting an executed position is required, STOICFX may request or facilitate the appropriate action through STARPRIME in accordance with the applicable execution conditions and this Agreement. STOICFX does not independently re-execute positions as principal. Any applicable charges and resulting account adjustments must be attributable to the relevant action and disclosed to the Client.
7.5 Conversion Fees
- 7.5.1 Where a currency conversion is required for a deposit, withdrawal or account transaction, the applicable conversion service may attract a conversion fee.
- 7.5.2 The relevant exchange rate and conversion fee will be disclosed through the platform, payment instructions or the relevant provider’s applicable payment terms before the conversion is authorized, where practicable.
- 7.5.3 A requested payment conversion will not be processed where the disclosed conversion fee and associated fees exceed the value of the transaction.
- 7.5.4 Payments using other methods are subject to different transaction fees disclosed to Client(s) before authorization of the transaction.
- 7.5.5 The availability of each payment method depends on a number of factors, including – but not limited to – the Client(s)’ location, identification information provided, and/or limitations imposed by third party payment processors.
8. TRADING POLICIES AND PROCEDURES
8.1 Types of Orders Accepted
The available order types depend on the platform, instrument and execution arrangement through STARPRIME. Orders are received by STOICFX for transmission; execution is subject to the applicable conditions. Available order types may include the following:
- Good till Cancelled (“GTC”) – This is an order (other than a market order), that by its terms is effective until filled or cancelled by the Client. GTC Orders do not automatically cancel at the end of the business day on which they are placed.
- Limit — An instruction to buy or sell at a specified price or better. A buy limit is eligible for execution when the relevant ask price is at or below the specified limit; a sell limit is eligible when the relevant bid price is at or above the specified limit. Execution remains subject to available liquidity and the applicable execution conditions.
- Market — An instruction to buy or sell at the available market price when executed through STARPRIME. A buy order is executed by reference to the applicable ask price and a sell order by reference to the applicable bid price. The displayed price when the order is submitted is not a guaranteed execution price.
The Client acknowledges and accepts that as the order is executed at market price, the execution price may be different from the price indicated when entering the order due to a change in market price at the time of execution.
- Stop loss — An instruction intended to limit losses by triggering an order when the relevant market price reaches the specified stop level. Once triggered, execution is subject to the applicable execution conditions and available liquidity. Gapping or rapid price movements may result in execution materially different from the stop level; a stop-loss order does not guarantee a maximum loss.
- Trailing stop — A stop mechanism that follows favourable price movements at a specified distance and remains at its last adjusted level when the market moves adversely. Its operation depends on the platform and relevant bid or ask price. Once triggered, execution is subject to market conditions and available liquidity and is not guaranteed at the selected level or distance. Client-terminal limitations are described in clause 8.16.
Following submission of an order, it is your sole responsibility to remain available for order and fill confirmations, and other communications regarding your Account until all open orders are completed. Thereafter, you must monitor your Account frequently when you have open positions in the Account.
Your order shall be valid in accordance with the type and time of the given order, as specified. If the time of validity or expiration date/time of the order is not specified, it shall be valid for an indefinite period.
8.2 Terms of Acceptance for Orders
It is your sole responsibility to clearly indicate the terms of an order when entered, whether it is a market order, limit order, stop loss order, or any other type of order; including the relevant price and lot size.
The execution price may differ from the price displayed at submission because of market movements, available liquidity, gapping or transmission and execution delays. Orders may be delayed, rejected or partially filled where the relevant execution conditions permit. A requested price or quantity is not a guarantee of execution, except to the extent expressly provided by the applicable order conditions.
STOICFX may reject or restrict an instruction before transmission where margin is insufficient, the instruction is unlawful or improper, or an account restriction applies. Acceptance for transmission does not guarantee acceptance or execution through STARPRIME.
8.3 STP model and execution arrangement
- 8.3.1 STOICFX receives and transmits client orders for execution through STARPRIME under its STP model. STOICFX acts solely as an intermediary and does not act as principal or market maker in relation to client transactions. It is not the sole execution venue and does not execute client transactions against its own dealing book.
- 8.3.2 STARTRADER Financial Markets Limited, operating as STARPRIME, acts as STOICFX’s institutional liquidity provider. It is authorized and regulated by the Financial Services Commission of Mauritius, with its registered office at Suite 201, 2nd Floor, The Catalyst, 40 Silicon Avenue, Ebene Cybercity, Mauritius.
- 8.3.3 Your acceptance of this Agreement authorizes STOICFX to transmit your orders and related instructions through this execution arrangement. The execution price, available liquidity, fill status and execution-related conditions arise through that arrangement. STOICFX remains responsible for the intermediary services it provides under this Agreement and applicable law.
- 8.3.4 STOICFX may apply administrative, security, compliance and account controls before transmission. Such controls are distinct from execution through STARPRIME. Applicable spreads, commissions, swaps, leverage, margin requirements, trading hours and order conditions will be made available through the website, platform or relevant account and instrument specifications.
- 8.3.5 The STP model does not guarantee execution, a particular price, uninterrupted liquidity or freedom from conflicts of interest. Charges and remuneration arrangements remain subject to clause 6. This Agreement describes STOICFX’s intermediary services and does not itself establish a separate direct contractual relationship between the Client and STARPRIME.
- 8.3.6 Execution information supplied by STARPRIME may be reflected in the platform and account records. STOICFX will receive client queries and liaise with the relevant provider as appropriate. Execution through a third party does not exclude any responsibility that STOICFX has for its own acts or omissions under applicable law.
8.4 Authority
We shall be entitled to act for you upon instructions given or purporting to be given by you or any person authorized on your behalf without further enquiry as to the genuineness, authority or identity of the person giving or purporting to give such instructions provided such instruction is accompanied by your correct Account number and password.
We shall have no responsibility for further inquiry into such apparent authority and no liability whatsoever for the consequences of any actions taken or failed to be taken by us in reliance on any such instructions or on the apparent authority of any such persons.
8.5 Cancellation/Withdrawal of Instructions
You may request cancellation of an unexecuted order through the platform or an available support channel. STOICFX will transmit the request where required, but cancellation is effective only when confirmed through the relevant execution system. An order may execute before a cancellation request takes effect. Executed trades cannot be withdrawn unilaterally; amendments or cancellations must be supported by the applicable execution conditions, an identified error or another lawful basis under this Agreement.
8.6 Right Not to Accept Orders
STOICFX may decline to receive or transmit an instruction where an account restriction, compliance requirement, insufficient margin or an operational limitation applies. Where legally permitted, we will notify you that the instruction has been declined. Transmission does not guarantee execution through STARPRIME.
8.7 Controls before order transmission
STOICFX may set reasonable account and order controls to meet security, compliance, margin or operational requirements and to reflect limits applicable through the execution arrangement. These may include:
- controls over maximum order amounts and maximum order sizes;
- controls reflecting permitted account exposure, margin availability and limits imposed through the execution arrangement;
- controls over prices at which orders may be submitted (to include (without limitation) controls over orders which are at a price which differs greatly from the market price at the time the order is submitted to the order book);
- controls over the Electronic Services (including (without limitation) any verification procedures to ensure that any particular order or orders has come from you); and/or
- any other limits, parameters or controls which we may be required to implement in accordance with Applicable Regulations.
8.8 Changes to trading conditions
Clients must be aware that FX Contracts carry a high degree of risk. The amount of the initial margin may be small relative to the value of the foreign currency so that transactions are ‘leveraged’ or ‘geared’. A relatively small market movement may have a proportionately larger impact on the funds that the Client has deposited or will have to deposit. This may work against as well as for the Client.
Trading conditions may change because of market volatility, liquidity constraints, announcements, changes in credit conditions or operational disruption. Changes may include spreads, leverage, financing rates and margin requirements. Execution-related changes arising through STARPRIME may be reflected in your account or platform. STOICFX may also apply its own disclosed administrative or risk controls within its intermediary role. We will endeavour to communicate material changes in advance where practicable; urgent changes may take effect immediately. You must monitor margin and manage positions accordingly. This clause is subject to clause 16.
8.9 Order transmission and execution
STOICFX will take reasonable steps to receive and transmit valid client instructions through STARPRIME, subject to applicable account controls, market availability and operational conditions. Transmission and execution may be affected by communications failures, platform outages, market closures, liquidity shortages or other disruptions. An order should not be treated as executed until execution is confirmed in the relevant platform or account records.
Execution methods and order handling depend on the applicable platform and instrument specifications. STOICFX does not guarantee a fixed execution time. In the event of disruption, STOICFX may suspend transmission, restrict affected instruments or facilitate actions notified through STARPRIME, including lawful adjustments or closure of affected positions. It will endeavour to notify affected clients where practicable and assist with queries. STOICFX’s responsibility for its intermediary services remains subject to clause 16.
8.10 Negative Balance Protection
CFDs are leveraged products and can result in the loss of all invested capital. STOICFX maintains the negative balance protection stated in this Agreement: the Client cannot lose more than their overall invested capital (deposit). STOICFX will arrange the administration of that protection through the applicable account and execution arrangements. This protection does not guarantee that individual positions will close at a particular price or prevent the loss of deposited capital.
8.11 Confirmations and execution corrections
Confirmations of transactions executed through STARPRIME and statements of your account will be made available through the platform or account facilities. You should check confirmations, charges and account balances promptly and notify STOICFX of any discrepancy as soon as reasonably practicable.
Records are evidence of the transactions shown but remain subject to correction of an identified error. A failure to object immediately does not waive rights that cannot lawfully be excluded. Please provide the relevant order or transaction reference and details when reporting a discrepancy.
Where STARPRIME notifies an execution correction, or an execution or account error is otherwise reasonably established, STOICFX may investigate and facilitate the appropriate correction through the relevant arrangement. Any cancellation, repricing or balance adjustment must correspond to the identified error and applicable execution conditions. STOICFX will maintain a record of the correction and explain it to the Client where legally permitted. It does not independently reprice trades as principal or market maker. Liability remains subject to clause 16.
8.12 Improper or abusive trading
Prices and execution information transmitted through the platform may occasionally contain errors. Deliberately exploiting an identified misquotation, system malfunction or transmission delay, or engaging in fraudulent or manipulative conduct, may constitute improper or abusive trading.
Should you execute trading strategies with the objective of exploiting such misquotation(s) or act in bad faith (commonly known as ‘sniping’), STOICFX (PTY) LTD shall consider this unacceptable behavior.
Where STOICFX reasonably determines, on the basis of available evidence, that you or your authorized representative has engaged in improper or abusive trading, it may investigate the activity. Such conduct includes:
- fraud/illegal actions that led to the Transaction;
- orders placed based on manipulated prices as a result of system errors or system malfunctions;
- arbitrage trading on prices offered by our platforms as a result of systems errors; and/or
- coordinated transactions by related parties in order to take advantage of systems errors and delays on systems updates; and
- coordinated transactions intended to exploit identified system errors or delays, including through connected accounts. Holding opposing positions does not by itself establish abuse without the relevant improper purpose or conduct.
Where improper or abusive conduct is reasonably established, STOICFX may take proportionate action consistent with its intermediary role, applicable law and the execution arrangement, including:
- applying account or order-transmission restrictions;
- restricting platform access pending investigation;
- facilitating reversal of profits directly attributable to an identified abusive transaction, supported by the relevant execution records and applicable conditions;
- rejecting untransmitted instructions or requesting or facilitating lawful cancellation or correction of affected executed trades through STARPRIME; and/or
- terminating the relationship in accordance with clause 11. Any action affecting an executed position must be handled consistently with clauses 8.3 and 8.11, and the Client will be notified where legally permitted.
8.13 Trading by employees and associates
- 8.13.1 Employees and former employees of STOICFX or its associates must obtain STOICFX’s prior written approval before opening or using a client account, directly or through another person. An “associate” means an affiliated entity or a person or entity with a relevant business relationship with STOICFX.
- 8.13.2 Associates and former associates must also obtain prior written approval before opening or using a client account, directly or indirectly. Unauthorized activity may result in account restrictions or termination. Any action affecting executed trades must follow clauses 8.3 and 8.11. A breach of this approval requirement does not itself cause forfeiture of the Client’s entire account balance.
- 8.13.3 STOICFX may pursue lawful remedies for proven loss resulting from a breach, without double recovery. Any remaining balance will be dealt with under the withdrawal and closure provisions, subject to lawful restrictions.
8.14 Declining or reversing deposits
- 8.14.1 STOICFX may decline crediting a payment to a trading account, restrict access pending verification, or request that a payment facilitator decline or return a payment where:
- if you fail to provide STOICFX (PTY) LTD with any documentation requested from you either for client identification purposes or for any other reason;
- there are reasonable concerns about the authenticity or accuracy of submitted documents;
- if STOICFX (PTY) LTD suspects you are involved in illegal or fraudulent activity;
- if STOICFX (PTY) LTD is informed that your credit or debit card (or any other payment method used) has been lost or stolen;
- where STOICFX (PTY) LTD considers that there is a chargeback risk; and/or
- when you deposit twenty-five thousand ZAR (R25,000.00) or more, or you if make over ten (10) separate deposits to your Account(s) and/or STOICFX (PTY) LTD is unable to verify your credit or debit card details or is unable to verify any other payment method used.
- 8.14.2 Where a payment is declined or reversed, STOICFX will coordinate with the relevant payment facilitator regarding its return to the original source, subject to applicable law, verification, lawful restrictions and the relevant payment terms. This does not imply that STOICFX itself holds or returns funds.
8.15 Position limits
Position limits may apply under the relevant account specifications and execution arrangement. STOICFX may restrict further order transmission where a limit is reached and may request or facilitate closure of positions through STARPRIME where permitted by the applicable conditions. Any action must reflect STOICFX’s intermediary role and will be communicated where practicable.
8.16 Trailing Stop functionality in case that MT5 terminal is closed
The Client acknowledges and agrees that in the event that the MetaTrader client terminal is closed, the trailing stop will not work. This happens as the trailing stop works on the client terminal side and in this respect, if the client terminal is closed, only the stop loss that was placed by trailing stop before the closing of the terminal can trigger.
8.17 Withdrawals
- 8.17.1 You may request withdrawal of available funds through the designated account facilities, subject to applicable verification, margin requirements, amounts properly due and lawful restrictions. STOICFX administers the account-side review of requests within its intermediary role. Payments and payouts are facilitated by VALORIS under clause 6.3. Withdrawals will be made to an approved source in your name, normally the original funding source, subject to the relevant payment method and compliance requirements. Processing times depend on the payment facilitator, banks, networks and any applicable checks.
- 8.17.2 Incomplete due diligence or a lawful restriction may delay a withdrawal. STOICFX will communicate outstanding requirements and assist with payment queries where legally permitted. VALORIS’s applicable payment terms govern the relevant payment processing; trading-account eligibility and margin conditions remain subject to this Agreement.
- 8.17.3 A withdrawal must not leave insufficient margin for open positions. If your requested withdrawal would require positions to be closed, you must close sufficient positions before the request can proceed. The realized balance remaining after withdrawal must be at least twice the used margin, as required under this Agreement. Any applicable bonus reduction is governed by the accepted terms of that bonus. STOICFX does not itself execute a position closure as principal.
9. ANTI-MONEY LAUNDERING
- 9.1 STOICFX is committed to providing Client(s) with safe, compliant, and reputable Services. Accordingly, STOICFX insists on a comprehensive and thorough Client Due Diligence process and implementation, as well as the undertaking of ongoing analysis and reporting. This includes monitoring of and/or for suspicious transactions and mandatory reporting to appropriate regulators.
- 9.2 STOICFX needs to retain certain information and documentation on file pursuant to applicable law and its contractual relationships, and STOICFX hereby expressly reserves the right to keep such information and documentation for the retention time as stipulated by applicable laws. This will continue to apply even in situations where Client(s) terminate their relationship with STOICFX and/or abandon the application to have an account opened with STOICFX.
- 9.3 STOICFX reserves the right to refuse registration to and/or to bar transactions from and/or to or terminate any relationship with any Client for any reason (or for no reason) at any time. In lieu of refusing registration, STOICFX may perform appropriate Enhanced Client Due Diligence procedures as prescribed for within its Internal Policies and Procedures in the combat against Money Laundering and Terrorism Financing.
10. WEBSITE ACCURACY
- 10.1 Although STOICFX intends to provide accurate and timely information on the STOICFX Site, the STOICFX Site (including, without limitation, the Content) may not always be entirely accurate, complete, or current and may also include technical inaccuracies and/or typographical errors.
- 10.2 In an effort to continue to provide Client(s) with as complete and accurate information as possible, information may be changed and/or updated from time-to-time without notice, including without limitation, information regarding STOICFX Policies, products, and services. Accordingly, Client(s) should verify all information before relying on it, and all decisions based on information contained on the STOICFX Site are the Client(s)’ sole responsibility and STOICFX shall have no liability for such decisions.
- 10.3 Links to third-party materials (including without limitation, websites) may be provided as a convenience but are not controlled by STOICFX. Client(s) acknowledge and agree that STOICFX will not be held responsible for any aspect(s) of the information, content, or services contained in any third-party materials and/or on any third-party sites accessible or linked to the STOICFX Site.
11. SUSPENSION, TERMINATION, AND CANCELLATION
- 11.1 STOICFX may: (a) suspend, restrict, and/or terminate Client(s)’ access to any and/or all of the STOICFX Services, and/or (b) deactivate or cancel Client(s)’ STOICFX Account if:
- STOICFX is required by a court order, and/or binding order of a government authority; or
- STOICFX reasonably suspect the Client(s) of utilising STOICFX Account(s) in connection with a prohibited use and/or business; or
- Use of the Client(s)’ STOICFX Account is subject to any pending litigation, investigation, and/or government proceeding and/or we perceive a heightened risk of legal and/or regulatory non-compliance associated with said Account activity; or
- STOICFX service partners are unable to support the Client(s)’ use;
- Client(s) take any action that STOICFX deems as circumventing STOICFX's controls, including, but not limited to, opening multiple STOICFX Accounts and/or abusing promotions which STOICFX may offer from time-to-time; or
- Client(s) breach any of the points mentioned within these Terms, and/or the Privacy and POPI Policy.
- 11.2 If STOICFX suspends or closes Client(s) account(s) or terminates Client(s) use of STOICFX Services for any reason, we will provide said Client(s) with notice of our actions unless a court order and/or other legal process prohibits STOICFX from providing the Client(s) with such notice.
- 11.3 Client(s) acknowledge that STOICFX’s decision to take certain actions, including limiting access to, suspending, and/or closing Client(s)’ account(s), may be based on confidential criteria that are essential to STOICFX's risk management and security protocols.
- 11.4 Client(s) agree that STOICFX is under no obligation to disclose the details of its internal risk management and security procedures to Client(s).
- 11.5 Client(s) may cancel their STOICFX Account(s) at any time by withdrawing all balances.
- 11.6 Client(s) will not be charged for cancelling STOICFX Account(s), although any outstanding amounts owed to STOICFX will be required to be paid in full.
- 11.7 You authorize STOICFX to cancel untransmitted instructions and request cancellation of pending orders through the execution arrangement upon account closure. Orders already executed remain subject to their applicable terms. Closure requires open positions to be resolved and any remaining balance to be processed under clause 8.17, subject to verification, outstanding obligations and lawful restrictions.
12. RELATIONSHIP OF THE PARTIES
- 12.1 STOICFX provides the intermediary services described in this Agreement. STARPRIME performs the institutional liquidity and execution role described in clause 8.3, and VALORIS performs the payment role described in clause 6.3.
- 12.2 This Agreement does not create a partnership or joint venture between STOICFX and the Client. STOICFX’s authority to receive and transmit instructions is limited to its intermediary role under this Agreement. Nothing in this clause makes STOICFX principal or market maker for the Client’s transactions.
13. NO ADVICE
STOICFX does not provide any investment advice and/or advice on trading techniques, models, algorithms, or any other schemes.
13.1 Execution Only
STOICFX receives and transmits your trading instructions on an execution-only basis and does not advise on the merits of particular transactions or their tax consequences. Execution is performed through the arrangement described in clause 8.3.
13.2 Own Judgement and Suitability
When instructing STOICFX to transmit an order, you confirm that you have independently assessed the transaction and its risks, taking account of your knowledge, experience, financial circumstances and any independent advice obtained. You should read the applicable Risk Disclosure Statement and instrument specifications. STOICFX does not warrant that a particular transaction is suitable for you. Nothing in this clause excludes an obligation imposed by applicable law.
13.3 Incidental Information and Investment Research
Where we do provide generic trading recommendations, market commentary or other information:
- this is general information accompanying our intermediary services and is not a personalized recommendation or assurance of a trading outcome;
- where information is in the form of a document containing a restriction on the person or category of persons for whom that document is intended or to whom it is distributed, you agree that you will not pass it on to any such person or category of persons;
- we give no representation, warranty or guarantee as to the accuracy or completeness of such information or as to the tax consequences of any Transaction;
- information may be prepared or distributed at different times, and we do not guarantee simultaneous receipt by all clients. Published research or commentary may appear through third-party information services. Any relevant conflicts remain subject to applicable disclosure requirements.
14. NO REPRESENTATIONS AND WARRANTIES BY STOICFX
- 14.1 Subject to applicable law and clause 16, STOICFX does not guarantee investment returns, a particular execution price, uninterrupted market access or the accuracy of third-party market information.
- 14.2 The website and platform facilities are provided as available and may be affected by maintenance or disruption. This clause does not exclude STOICFX’s obligations concerning its own intermediary services or any warranty, duty or right that cannot lawfully be excluded.
15. INDEMNITY
- 15.1 In this clause, “STOICFX Parties” means STOICFX and its officers, directors, employees and representatives. Liability is governed by clause 16.
- 15.2 To the extent permitted by law, you shall indemnify the STOICFX Parties for reasonably incurred losses, liabilities and costs directly arising from your fraud, unlawful conduct, material breach of this Agreement or unauthorized misuse of the Services. The indemnity does not apply to the extent a loss is caused by the relevant STOICFX Party’s negligence, fraud, wilful misconduct or breach of a duty that cannot lawfully be excluded. STOICFX will take reasonable steps to mitigate a claimed loss.
16. LIMITATION OF LIABILITY
- 16.1 STOICFX remains responsible for the intermediary services it provides under this Agreement and applicable law. Its use of STARPRIME, VALORIS or another provider does not exclude liability for its own acts or omissions where such liability cannot lawfully be excluded.
- 16.2 To the extent permitted by law, STOICFX shall not be liable for indirect or consequential loss, loss of anticipated profit or opportunity, or loss arising solely from ordinary market movements, unavailable liquidity or a third-party failure beyond its reasonable control, except to the extent caused or contributed to by a breach for which STOICFX is responsible.
- 16.3 Nothing in this Agreement excludes or limits liability for fraud, wilful misconduct, or any liability, duty or client right that cannot lawfully be excluded or limited. No provision makes a client account balance automatically forfeitable merely because a third party is involved in execution or payment processing.
17. FORCE MAJEURE
- 17.1 Events beyond reasonable control, including natural disasters, war, civil disturbance, strikes, telecommunications failures, market closures and failures of external infrastructure, may delay or interrupt the Services. STOICFX may suspend affected order transmission or account functions and facilitate measures through the execution arrangement where necessary and permitted. It will take reasonable steps to mitigate disruption and communicate material effects where practicable. This clause does not excuse obligations unaffected by the event or exclude liability contrary to clause 16.
18. REFUNDS
- 18.1 Client(s) must always provide accurate and correct information related to themselves and/or the initiated transaction(s).
- 18.2 STOICFX does not guarantee recovery of a payment made using incorrect details supplied by the Client. Requests concerning payment returns will be coordinated with the relevant facilitator under its applicable payment terms. Trading losses do not themselves entitle the Client to a refund. This clause is subject to any applicable cancellation right, correction of an identified error and rights that cannot lawfully be excluded.
19. DISPUTE RESOLUTION
- 19.1 The law of the Republic of South Africa shall apply to these Terms.
- 19.2 All disputes arising from these Terms will be settled by the negotiations and/or mediation of the involved parties.
- 19.3 If a dispute is not resolved through negotiation or mediation within a reasonable period, it may be referred to a court of competent jurisdiction in KwaZulu-Natal, South Africa, subject to any mandatory jurisdiction or client rights under applicable law. This clause does not prevent a complaint to the FSCA or another competent complaints or dispute-resolution body.
20. CONTACT STOICFX
- 20.1 Please send feedback, questions or complaints to [email protected]. STOICFX will receive queries relating to its intermediary services and assist with execution or payment issues by liaising with STARPRIME, VALORIS or another relevant provider as appropriate.
- 20.2 Include your full name, account identifier, relevant order or payment reference and a description of the issue. Please do not send your password or authentication codes. STOICFX’s registered address is Office 222, 2nd Floor, Ingenuity Park, 3 Nandi Mthembu Drive, Ballito, KwaZulu-Natal, 4420, South Africa.