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Client Agreement and Terms of Business

The terms that apply when you open an account and trade CFDs with AuxiliumFX.

Last updated 5 October 20269 min read20 sections
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Draft for review. Items [highlighted like this] need your details. Please have these documents reviewed by a qualified lawyer before the site goes live.

Introduction #

In this document, “AuxiliumFX Limited”, “AuxiliumFX”, “the Company”, “we”, “us” and “our” mean AuxiliumFX Limited, a company registered in Saint Lucia with registration number 2024-00425, whose registered office is at Ground Floor, The Sotheby Building, Rodney Village, Rodney Bay, Gros-Islet, Saint Lucia. “You”, “your” and “Client” mean the person using our website or services.

This Client Agreement and Terms of Business (the “Agreement”) sets out the legal relationship between you and the Company. It applies, together with our Risk Disclosure, Privacy Policy, AML and KYC Policy, Order Execution Policy, Deposits, Withdrawals and Refund Policy, Complaints Handling Procedure and any other policy published on our website (together, the “Legal Documents”).

By completing the account application and ticking the acceptance box, or by funding or using your account, you confirm that you have read, understood and accepted this Agreement. If you do not agree, do not open an account or use our services.

About the Company #

AuxiliumFX Limited is a company registered in Saint Lucia. The Company is registered, and its registration is not a licence or authorisation by a financial regulator. You will not benefit from the protections available to clients of regulated firms in other jurisdictions, such as investor compensation schemes, unless we tell you otherwise in writing.

Eligibility #

To open an account you must:

  • be at least 18 years old, or the age of legal majority in your country if higher;
  • have the legal capacity to enter into this Agreement;
  • not be a citizen or resident of a restricted jurisdiction (see the section on restricted jurisdictions below);
  • not be using our services in breach of any law that applies to you;
  • provide true, accurate, complete and current information, and keep it up to date.

We may refuse any application at our discretion and are not required to give a reason.

Restricted jurisdictions #

AuxiliumFX Limited does not provide services to citizens or residents of the United States of America, the United Arab Emirates, Cuba, Iraq, Myanmar, India, North Korea and Sudan. The services of AuxiliumFX Limited are not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation.

It is your responsibility to check that you may lawfully use our services where you live. If we find that you are a citizen or resident of a restricted jurisdiction, or that you have given false information about your residence, we may close your account, cancel open positions at the current market price and return any balance to you, after deducting any amounts you owe, through a method we choose and in line with applicable law.

Our services #

We offer execution-only dealing in Contracts for Difference (“CFDs”) on underlying assets that may include currency pairs, indices, commodities, metals, shares and cryptocurrencies, through the MetaTrader 5 platform.

  • A CFD is an agreement to exchange the difference in the price of an underlying asset between the time a position is opened and the time it is closed. You never own the underlying asset.
  • We act as the counterparty to your trades unless we tell you otherwise. This means we may benefit when you lose. Our Order Execution Policy explains how we handle this.
  • We do not give investment, tax or legal advice, and nothing we publish is a personal recommendation. Market commentary and educational material are for general information only.
  • We do not manage your account. You alone decide whether to open or close any position.

Opening and using your account #

  • You must complete our verification process (KYC) before you can deposit, trade or withdraw. See our AML and KYC Policy.
  • We currently offer four account types: Standard, Pro, ECN and Elite. Their features, including minimum deposit, spreads, commissions, leverage (up to 1:500) and stop-out levels, are published on our website and may change.
  • You are responsible for keeping your login details, passwords and devices secure. Any instruction given using your credentials is treated as given by you.
  • You must tell us immediately if you think someone else has access to your account.
  • Accounts are personal and may not be shared, sold or transferred. Third-party trading on your account is not allowed unless we approve a written authorisation.

Placing orders and trading #

  • Orders are placed through MetaTrader 5. We may also accept orders by other means at our discretion, but we are not required to.
  • Prices are quoted by us and may differ from prices quoted by other providers or exchanges.
  • Orders are executed in line with our Order Execution Policy. Slippage, both positive and negative, can occur, especially during volatile markets, around news events and at market open.
  • We may refuse or cancel an order if, for example, the market is closed, your margin is insufficient, a price was clearly wrong (a “manifest error”), or we suspect abuse, fraud or a breach of this Agreement.
  • Instruments, trading hours, contract specifications, swaps and margin requirements are published on the platform and website, and may change with or without notice where markets require it.

Leverage, margin and stop-out #

Trading on margin means you can open positions larger than your deposit. This increases both potential profits and potential losses.

  • You must maintain enough margin in your account at all times to support your open positions.
  • If your margin level falls to or below the margin call level (50% on all account types), we may warn you, but we are not required to.
  • If your margin level falls to or below the stop-out level for your account type (Standard 50%, Pro 30%, ECN 20%, Elite 20%), the platform may automatically close some or all of your positions, starting with the position with the largest loss, without further notice.
  • We may change leverage and margin requirements at any time, including for open positions, for example before major news, weekends or holidays, or during unusual volatility.
Negative balance protection. [Confirm whether negative balance protection applies. If yes: your losses are limited to the funds in your trading account, and we will reset a negative balance to zero, except where it results from abuse or a breach of this Agreement.]

Costs and charges #

Trading costs may include spreads, commissions (ECN: $6 per lot; Elite: $20 per lot; Standard and Pro: none), overnight financing (swap) charges and conversion fees. They are shown on our website and on the platform before you trade.

  • Swap charges or credits are applied to positions held open at the end of the trading day. Triple swap may apply on certain days.
  • The Elite account is swap-free: no overnight swap is charged or paid. Swap-free terms are subject to fair use, and we may apply an administration fee or move the account to standard swap terms if the swap-free feature is abused.
  • We may charge an inactivity fee of [amount] per month on accounts with no trading activity for [number] months, where permitted.
  • Your payment provider or bank may charge its own fees, which we do not control.

Deposits and withdrawals #

Deposits and withdrawals are governed by our Deposits, Withdrawals and Refund Policy. In summary:

  • Funds must come from an account or card in your own name. Third-party payments are not accepted.
  • Withdrawals are normally returned to the source of the deposit, up to the amount deposited, before profits are paid to another verified method in your name.
  • We may ask for additional documents before processing a withdrawal.
  • Client funds are held in accounts [describe how client funds are held, e.g. segregated accounts with [bank name]].

Promotions and bonuses #

Any promotion, bonus or credit is subject to its own terms. If those terms conflict with this Agreement, the promotion terms apply to that promotion only. We may withdraw or change a promotion at any time and may remove a bonus if we suspect abuse.

Prohibited activity and abusive trading #

You must not use our services in any way that is unlawful or unfair. This includes, without limitation:

  • exploiting price latency, delays, errors or system weaknesses (latency or arbitrage abuse);
  • hedging between accounts, or between AuxiliumFX and other providers, to exploit bonuses or negative balance protection;
  • using software, robots or expert advisors in a way designed to manipulate prices or exploit errors;
  • opening multiple accounts to abuse promotions, or acting in concert with others;
  • money laundering, terrorist financing, fraud or any use of stolen or third-party funds.

If we reasonably suspect prohibited activity, we may cancel or adjust trades, remove profits obtained through it, withhold funds while we investigate, close your account and report the matter to the relevant authorities.

Manifest errors and market disruption #

A manifest error is an obvious error in a quote, price or trade, for example caused by a system fault or incorrect data from a liquidity provider. If a manifest error occurs, we may correct the trade at the fair market price at that time, or cancel it. If markets are disrupted, suspended or closed, or if an event outside our control occurs (force majeure), we may suspend trading, change margin requirements or close positions at a fair price.

Corporate actions and dividends #

For CFDs on shares and indices, we may make adjustments to reflect dividends, splits, mergers and other corporate actions. Dividend adjustments may be credited or debited to your account depending on whether you hold a long or short position.

Communication and records #

  • We communicate with you in English, and may also provide translations. If there is any conflict, the English version prevails.
  • We may contact you by email, through the client portal, the platform, telephone or messaging apps, using the details you gave us.
  • We may record telephone calls and keep electronic communications. These records belong to us and may be used as evidence.
  • Platform records of orders, trades and account activity are final and binding unless there is a manifest error.

Limitation of liability #

  • We are not liable for any loss you suffer from market movements, your trading decisions, the use of trading software, or failures of the internet, your devices or third-party systems, unless caused by our gross negligence, wilful default or fraud.
  • We are not liable for any indirect or consequential loss, or loss of profit or opportunity.
  • You agree to indemnify us against any loss, cost or claim arising from your breach of this Agreement or of any law.
  • Nothing in this Agreement limits liability that cannot be limited by law.

Termination #

You may close your account at any time by contacting support@auxiliumfx.com. We may close or suspend your account with notice, or immediately if you breach this Agreement, we suspect prohibited activity, or we are required to by law. On closure, open positions will be closed at current prices and any remaining balance, after deducting amounts you owe, will be returned to you in line with our Deposits, Withdrawals and Refund Policy.

Changes to this Agreement #

We may change this Agreement from time to time. We will publish the updated version on www.auxiliumfx.com and, where the change is material, notify you by email or through the client portal at least [e.g. 7] days before it takes effect, unless the change is required sooner by law or market conditions. Continuing to use your account after the effective date means you accept the change.

Governing law and complaints #

This Agreement is governed by the laws of Saint Lucia, and the courts of Saint Lucia have exclusive jurisdiction over any dispute, without limiting our right to bring proceedings in any other competent court. Before taking legal action, please follow our Complaints Handling Procedure so we have the chance to resolve the issue.

Contact us #

AuxiliumFX Limited
Ground Floor, The Sotheby Building, Rodney Village, Rodney Bay, Gros-Islet, Saint Lucia
Email: support@auxiliumfx.com

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