1. Status of this document
This page is a detailed drafting structure, not an effective customer agreement. It does not identify a contracting entity, governing law, regulator, licensed service, or effective date.
Before publication, counsel must replace every unverified concept with terms matching the actual entity, jurisdiction, client classification, product permissions, and operating model.
2. Provider and regulatory information
The final terms must state the full legal name, company number, registered address, trading names, regulator, authorization or registration number, and the jurisdictions and client types served.
- Which entity operates the website and which entity contracts with the client.
- Where services are unavailable or restricted.
- Whether the firm acts as principal, agent, market maker, or another capacity.
- Which language version prevails if translated terms differ.
3. Eligibility and account opening
The agreement should define minimum age, residency, legal capacity, sanctions and geographic restrictions, required identity and source-of-funds checks, appropriateness assessment, and reasons an application may be rejected.
Providing an application must not guarantee acceptance, a particular client classification, access to every product, or continued access.
4. Services and product scope
The final document must describe the actual platform, execution service, CFD products, order types, market data, demo environment, and any third-party integrations. It should state that CFDs provide price exposure without ownership of the underlying asset.
- Product specifications, trading schedules, expiries, and rollover.
- Whether advice, portfolio management, copy trading, or dealing by phone is excluded.
- How market data is sourced, delayed, corrected, or withdrawn.
- Differences between demo and live conditions.
5. Orders and execution
Execution terms should explain quotes, order acceptance, rejection, cancellation, partial fills, slippage, gaps, market closure, erroneous prices, latency, and circumstances in which an order may not execute.
The final policy must identify the execution venues or model, conflicts of interest, best-execution obligations where applicable, and access to the separate order-execution policy.
6. Margin, leverage, and close-out
The agreement must explain initial and maintenance margin, free margin, margin calls if offered, automatic close-out, negative balance treatment, and the client’s responsibility to monitor positions.
Applicable leverage limits and retail protections vary by jurisdiction and must not be copied from another regulator without confirming scope.
7. Charges, funding, and adjustments
All applicable spreads, commissions, overnight financing, conversion, payment charges, inactivity fees, taxes, corporate-action adjustments, dividend adjustments, and futures rollover treatment must be disclosed or linked through an incorporated fee schedule.
The terms should explain when rates can change, how notice is given, and which third-party charges remain outside the provider’s control.
8. Client responsibilities
- Keep credentials and devices secure and notify the provider of suspected compromise.
- Provide accurate, current information and respond to lawful verification requests.
- Use the service only for lawful activity and not manipulate markets or systems.
- Review confirmations, statements, positions, and account communications promptly.
- Maintain sufficient funds and understand that support contact may not prevent market loss.
9. Platform availability and third parties
The final terms should cover maintenance, outages, telecommunications failure, cyber incidents, exchange or liquidity-provider disruption, force majeure, and alternative communication or dealing arrangements—without promising uninterrupted service.
Third-party charting, market data, payment, identity, cloud, and communication services require accurate attribution and allocation of responsibility.
10. Suspension, closure, and termination
Define when the provider or client may restrict, suspend, or close an account; how open positions and funds are handled; notice requirements; dormant balances; death or incapacity; sanctions; fraud; abusive trading; and legal or regulatory direction.
11. Liability and indemnities
Counsel must draft liability limitations that are lawful, fair, and consistent with mandatory consumer and financial-services protections. The terms must not exclude liability that cannot legally be excluded.
Any indemnity, tax responsibility, consequential-loss exclusion, or reliance disclaimer needs jurisdiction-specific review.
12. Complaints and dispute resolution
The final terms must identify the formal complaint channel, responsible entity, acknowledgement and response timelines, recordkeeping, escalation route, and any eligible ombudsman, mediator, court, or arbitration process.
Governing law and jurisdiction cannot be completed until the contracting entity and target market are confirmed.
13. Changes, notices, and contact
Explain how terms and product documents may change, when advance notice applies, how urgent regulatory changes are handled, which communication methods count as durable notice, and how clients keep contact details current.
An effective date, version history, downloadable durable copy, and verified legal contact details are required before launch.