Terms and conditions

Last update: March 1, 2024

Please carefully review the following terms and conditions. By accessing this website and its pages, you acknowledge and agree to be bound by these Terms of Use. If you do not agree to these terms, please refrain from accessing the website. Equistak reserves the right to modify these Terms of Use, and it is your responsibility to regularly review them. Your continued use of the website signifies your acceptance of any updated terms or changes.

This License Agreement (referred to as the “Agreement”) is a legally binding contract between Equistak, represented by its Affiliated Partners (referred to as the “Company”), and any individual or legal entity (referred to as the “Client”). This Agreement is an essential component of the public documents package that governs the provision of services by the Company to its Clients, including financial and informational services.

By selecting the services of the Company or engaging in any form of interaction with the Company, the Client fully acknowledges and accepts all the terms and conditions outlined in the publicly proclaimed documents. If the Client disagrees with any article, section, or part of any public document issued by the Company (including but not limited to the terms of information usage provided by the Company), the Client must immediately discontinue any further interaction with the Company.

This Agreement governs the rights and responsibilities of the involved parties (the Company, the Clients, and third parties) that arise when information materials of any kind or format, published by the Company on its official website (www.equistak.online), are transferred, broadcasted, or published in any other manner. This includes information published on other internet sites owned by the Company or its Affiliated Partners, as well as economic news that is broadcasted through client terminals, among other channels.

According to this Agreement, legal entities or individuals who receive information from the Company’s web server (site) located at the mentioned address, or the Company’s trading server, and utilize the information in any manner, are defined as information users.

This Agreement applies to information published on the Company’s web server (site) as well as information that is broadcasted, disseminated, or published through other information channels or reproduced on various information carriers, including hard copies (paper).

Other regulations, legal provisions, and public documents may be applicable to specific types of information. These regulations and documents include, but are not limited to:

The Company’s logo is a registered trademark and is safeguarded by relevant legislation, specifically the International Trademark Law.

The copyright of materials published on the Company’s web server by third parties is protected by the legislation of the authors’ countries of citizenship and international laws.

The copyright of materials published on the Company’s web server (site) by the Company itself, under its own name, is protected by international laws.

The Company does not accept clients from countries that are subject to sanctions as outlined by regulatory bodies such as the Office of Foreign Assets Control (OFAC), Financial Action Task Force (FATF), United Nations (UN), and other sanction lists.

The terminology used in this Agreement is defined as follows, unless otherwise specified within this Agreement:

Account: Refers to transaction accounts that the Company may establish for the Client on its systems, enabling the Client to engage in the trading of FX (Foreign Exchange) or CFDs (Contracts for Difference), as defined below.

The Agreement between the Client and the Company encompasses the following documents available on the Website: (a) Privacy Policy, and (b) any additional provisions that the Company may periodically publish on its Website(s).

Equistak is the owner and operator of this website.

Ask: Refers to the lowest price at which a seller is willing to sell a contract.

Balance: Represents the total sum on the Client’s Account after the most recent transaction made within any given period of time.

Base currency: Refers to the first currency in a currency pair.

Bid: Represents the highest price that a buyer is willing to pay for a contract.

Business Day: Refers to any day except for Saturdays, Sundays, December 25th, and January 1st.

CFDs: Stands for Contracts for Difference, which are spot and/or forward contracts involving Metals, Commodities, Futures, Options, Forwards, Stocks, or Indices.

Client Application Form: Refers to the application form completed by the Client to apply for the Services. This form enables the Company to gather necessary information for identification, due diligence, and categorization in compliance with international practices on know-your-client and anti-money laundering.

Contract Specifications: Encompasses each lot size or type of underlying in a CFD or FX offered by the Company. It includes all pertinent trading information such as spreads, swaps, margin requirements, and more, as determined by the Company and available on the Website.

Currency of the Account: The currency that the Client chooses when opening an account with the Company or converted into at the Client’s choice after the opening the Account.

Currency Pair: Consists of two currencies (the Quote Currency and the Base Currency) and shows how much of the quote currency is needed to purchase one unit of the Base Currency.

FX: A contract for difference on currencies (Spot Forex).

Group Company: A legal entity that is parent, subsidiary, or affiliated in its relationship to the Company.

Login Details: The Client’s access login and password provided to the Client by the Company in order to have access to the Online Trading System and/or the Website.

Login Data: The Login Details, the Account number and any information required to place Orders with the Company in any manner.

Liquidity Providers: A third party to which the Company shall receive and transmit the order of the Client always acting as agent of the Client.

Leverage: A ratio in respect of Transaction Size and Initial Margin. 1:100 ratio means that in order to open a position, the Initial Margin is one hundred times less than the Transactions Size.

Margin: The necessary guaranteed funds to open positions or to maintain Open Positions, as determined in the Contract Specifications for each underlying in an FX or CFD.

Online Trading System: Any Software or platform used by the Company which includes the aggregate of computer devices, software, databases, telecommunication hardware, trading platform(s), making it possible for the Client to obtain information of markets in real-time, make technical analysis on the markets, enter into Transactions, place/modify/delete orders, receive notices from the Company and keep records of Transactions.

Open Position: A Deal of purchase/sale not covered by the opposite sale/purchase of the contract.

Order: An instruction by the Client to the Company.

Parties: The parties to this Agreement.

Pending order: Order for Buy or Sell at a price different from the market price.

Quote: The Bid and Ask prices of a CFD or FX Currency Pair.

Quote Currency: The second currency in the Currency Pair.

Rules: Laws, articles, regulations, directives, procedures and customs as in force from time to time.

Services: The services provided by the Company under this Agreement.

Spread: means an indicative spread that reflects the difference between the lower and the higher figures of a quoted two-way price for a market, the difference may deviate from what is customary to the market.

Stop Out: The situation when the Client’s equity divided by balance falls below the stop out level specified for the Client’s account type where the Company will close some or all of the Client’s Open Positions at the current market price or the last available price in order to bring the Client’s equity divided by balance above the stop out level specified by the Client’s account type.

Swap or Rollover: The interest added or deducted for holding a position open overnight.

Swap Rates: The rate of the fixed portion of a swap, at which the swap will occur for one of the parties entering into a Financial Instrument.

Trade Confirmation: A message from the Company to the Client confirming the transmission for execution of the Order.

Transaction: An executed Order.

The Company: Equistak.

Website: www.equistak.online or any other website of the Company’s trade names

The Client agrees to pay the Company on demand such sums by way of margin as are required from time to time under the Rules of any relevant Market (if applicable) or as the Company may in its discretion reasonably require for the purpose of protecting itself against loss or risk of loss on the present, future or contemplated transactions under this Agreement.

Unless otherwise agreed, margin must be paid in cash. Cash margin is paid to the Company as

an outright transfer of funds and the Client will not retain any interest in it. The cash margin received by the Company will be used by the Company as a cash repayment obligation owed by the Company to the Client.

In addition, and without prejudice to any rights to which the Company may have under this Agreement or any Applicable Regulations, the Company shall have a general lien on all funds held by Company or its Associates or its nominees on the Client’s behalf until the satisfaction of the Client’s obligations.

The Company shall have the right, in addition to any other rights the Company may have under this Agreement, to close and/or limit the size of the Client’s open positions (new or Gross) and to refuse to establish new positions and or change trading conditions including but not limited to interest, leverage, spreads, fees. Situations, where the Company may exercise such rights, include, but are not limited to, where:

a) The Company considers that there are abnormal trading conditions; or

b) The Account has reached Stop out level.

If the Margin level is equal to or less than the Stop out level of the Client’s account type, some or all positions are automatically closed at market price, until the point where the client’s margin level is above the Stop out level of the Client’s account type.

If the Client’s combined exposure in one or more margin trades reaches a level which – in case of adverse market development – may lead to a significant deficit not covered by the Client’s deposits and/or margin with the Company, the Company may in its discretion

a) increase the margin requirements and/or;

b) reduce the Client’s exposure by closing one or more or all of the Client’s open positions.

Furthermore, the Company is entitled in its reasonable opinion to determine that an emergency or an exceptional market condition has occurred. Such conditions shall include but are not limited to, the suspension or closure of any market or the abandonment or failure of any event to which the Company relates its quote or the occurrence of an excessive movement in the level of any Margin Trade and/or underlying market or the Company’s reasonable anticipation of the occurrence of such a movement. In such cases, the Company may increase its margin requirements, reduce the Client’s exposure, close any or all of the Client’s open Margin Trades and/or suspend trading.

When the Account is enabled for trading, the Client shall use the Login Details within the Online Trading System, in order to transmit orders for the purchase or sale of CFDs and/or FX, through a compatible Personal Computer connected to the internet on the Online Trading System.

The Company will not proceed and avoid proceeding in any action that could possibly allow the irregular or unauthorized access or use of the Online Trading System. The Client accepts that the Company reserves the right, at its sole discretion, to terminate or limit the Client’s access to the Online Trading System or part thereof if the Company reasonably suspects that the Client allows the irregular or unauthorized access or use of the Online Trading System.

When using the Website and/or Online Trading System the Client will not, whether by act or omission, do anything that will or may violate the integrity of the Company’s computer systems or cause such system to malfunction. The Client is solely responsible for providing and maintaining the equipment necessary to access and use the Website and/or Online Trading System.

The Client acknowledges that the internet may be subject to events that may affect Client’s access to the Website and/or Online Trading System including but not limited to interruptions or transmission blackouts. The Company shall not be responsible for any damages or losses resulting from such events which are beyond the Company’s control or for any other losses, costs, liabilities, or expenses (including without limitation, loss of profit) that may result from the Client’s inability to access the Website and/or Online Trading System or delay or failure in sending any Orders.

The Client acknowledges that the Company is not an Internet Service Provider and cannot be responsible for not fulfilling any obligations under this Agreement because of internet connection failures or public electricity network failures or hacker attacks.

The Company shall not be held responsible in the case of delays or other errors caused during the receipt and/or transmission of orders and/or messages via computer. The Company shall not be held responsible for information received via computer or for any loss which the Company may incur in case said information is inaccurate.

The Client shall be permitted to store, display, analyze, modify, reformat and print the information made available to the Client through the Website and/or Online Trading System. The Client shall not be permitted to publish, transmit, or otherwise reproduce that information, in whole or in part, in any format to any third party without the Company’s express written consent. The Client must not alter, obscure or remove any copyright, trademark or any other notices that are provided in connection with the information. The Client represents and warrants that the Client will not use the Website and/or Online Trading System in contravention of this Agreement, that the Client will use the Website and/or Online Trading System only for the benefit of the Account and not on behalf of any other person, and that, with the exception of a web browser and other applications specifically approved by the Company in advance and in writing, shall not use (or allow another person to use) any software, program, application or other devices, directly or indirectly, to access or obtain information through the Website and/or Online Trading System or automate the process of accessing or obtaining such information.

The Client agrees to keep secret and confidential and not disclose to any person any part of the Login Data other than an individual who has been expressly authorized to act on the Client’s behalf according to paragraph 6.

The Client shall not write down the Login Details. If the Client receives a written notification of the Login Details, the Client must destroy said notification immediately.

The Client agrees to notify the Company immediately if the Client knows or reasonably suspect that the Login Data has or may have been disclosed to any unauthorized person. The Company will then take such reasonable steps to prevent any further use of such Login Data and will issue the Client with replacement Login Data. The Client will be unable to place any Orders until the Client has received replacement Login Data.

The Client agrees to co-operate with any investigation the Company may conduct into any misuse or suspected misuse of the Login Data.

The Client accepts liability for all orders given through and under the Login Data and any such orders received by the Company will be considered as placed by the Client. In cases where a third person is assigned as an authorized representative to act on the Client’s behalf, the Client will be responsible for all orders given through and under said representative’s Login Data.

The Client acknowledges that the Company bears no responsibility should unauthorized third-person access information, including electronic addresses, electronic communication and personal data, when the above are transmitted between the Company or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means.

When using information, whether published on the Company’s Web-server (site) or broadcast (published) in any other way, the Client shall:

Provide during registration precise, actual and full personal information (to the extent necessary for registration); in the case that there are actual changes in this data (for example, change of residence, surname (for any reason), telephone number or other personal registration data), please make relevant modifications in a timely manner. Registration data may be changed, for instance, by contacting the relevant Company employee via the contact form.

Do not attempt to register a third party on the site, even if this party is aware of or has you asked to do so; consequently any person who wishes to register on the site shall do so independently.

Make appropriate arrangements to ensure security of the data, which may be used to obtain access (authorization) of any system (service) provided by the Company. This regulation applies to passwords, logins, identification numbers, etc.

Observe effective international laws, as well as legislation within the Client’s country with regard to copyright law and intellectual property protection.

Do not attempt to use the Company’s Web-server (site) using software with the aim of hindering (or damaging) the operation of the Web-server (site), its individual service, or cause non-operability of the server and/or its individual service (inaccessibility of server and/or its individual services), or in any other way disrupt the normal operation of the servers. In particular, the Client shall not attempt to automatically collect non-public data or information that belongs to third parties, the Client shall not attempt to register automatically. Moreover, the Client shall not attempt to overload the Web-server (site) or trading server with useless information with the aim of causing malfunction and/ or to impede normal access of other users to the Web- or trading server.

Be fully and solely responsible, according to effective legislation and public documents of the Company, for all actions, carried out using the Client’s account, including actions that caused damage or loss to the Company (namely: the Client is responsible for any unlawful (or inconsistent with Company public documents) actions carried out via his/her account).

Do not use any service that allows publishing of any data, or in any other (as well as unlawful) way publish on the Company’s Web-server (site) information, which contains threats, discredits or abuses honor and dignity of third parties, is vulgar or indecent (in particular containing offensive words), advocates racial, religious, or ethnical discrimination and hostility, or any information that either directly or indirectly violates protected human rights, rights of citizens or legal entities (in particular, any information published in any form (format), including logins (nicknames), conference publications, etc.).

With regards to economic news broadcast by the Company, the Client shall:

Observe effective copyright and intellectual property laws.

Not store, copy, reproduce, disseminate, transfer via communication channels or in any other way, not publish, not create own information on the basis of the news, not reproduce on the air, not issue and/or duplicate the news.

Use news for personal purposes as a source of information or, at his/her discretion, as a basis for analysis of an economic situation.

Not use for commercial purposes, no neither sell nor provide access to it for commission.

When using information provided by the Company, the Client has the right to:

Independently choose at personal discretion and for personal use any information published by the Company on the Web-server (site) or broadcast via a client terminal or via other channels.

Use any information for personal use to the extent that it does not contravene the present License Agreement.

When providing Clients with information (by any means via any channels) or publishing freely accessible information, the Company shall:

Take every possible measure to make information actual, precise, full, timely, consistent and useful.

Consider the demands of Clients firstly and consistently adjust volume, composition and quality of publicly available information or information, which is personally broadcast via secure communication channels.

When providing Clients with information (by whatever means via whatever channel) or publishing freely accessible information, the Company has the right to:

Adjust, add, remove, and transform the whole structure, composition and quality of any information at its own discretion.

Create or remove services hosted on the Company’s Web-server, and to limit access rights to these services at its own discretion.

Take decisions with regards to the provision of publicly available information (via public channels) or in confidential manner (via secure channels, subject to successful authorization) at its own discretion.

Take decisions with regards to the price of the information provided, access (subscription) this or that service hosted on the Company’s Web site at its own discretion. In particular, the Company reserves the right to charge extra fees for using this or that information or service.

The official Company’s Web-server (site), including all the software operated on the Company’s Web-server (site): graphic, audio, video, and text content is accessible for use as is.

The Company does not guarantee that the Site or its services fit (optimally), meet specific ideas or expectations of the individual User or groups of Users with regards to using for specific purposes that the User has in mind. The Company does not guarantee that any (expected, supposed, or possible) results will be obtained by using of Web-server (site) and/or any separate service.

With regards to analytic, journalistic or educational publicly available information published by Company or broadcast via communication channels, Company disclaims any guarantees (direct and indirect/supposed), irrespective of owner of copyright (author’s rights) on the information.

Parties are liable under the effective legislation, when they establish relations pursuant to the present Agreement.

The Client may fund the Account by credit or debit card, wire transfer or other similar methods of money transfer acceptable by the Company from time to time in its absolute discretion. The Company does not guarantee that all the aforementioned transfer methods are available to be used in the country of residence of the Client.

The Company will make payments to the Client in a manner deemed appropriate by the Company, considering the specific circumstances.

The Client may permitted to withdraw funds deposited into the Client Account and/or profits obtained through trading transactions solely to the corresponding account or card from which the initial deposit was made (referred to as the “Originating Account/Card”). Transfers or withdrawals of funds to accounts or cards other than the Originating Account/Card are not permitted.

The Company will effect withdrawals of Client funds only when the identity of the Client is verified by the valid Login Details used for generating the withdrawal request through the SSL protected online portal or upon the receipt of an application form bearing the signature of the Client matching the specimen signature of the Client provided by the Client to the Company. It is also understood that the Company accepts no responsibility for any funds not deposited directly into the Company’s bank accounts.

All expenses for transfers of funds from or to the Originating Account/Card shall be borne by the Client.

The Client is fully responsible for the payment details provided to the Company and the Company accepts no responsibility for the Client’s funds, if the details provided by the Client are wrong.

The Company may operate a client bonus scheme from time to time.

In the event that the Client is eligible for a bonus either by way of a dedicated campaign or at the discretion of the Company, Client acknowledges to have read and to have accepted any bonus terms and conditions in effect from time to time.

Until all the necessary conditions for bonus payment have been met, it is not possible to withdraw bonus funds or trading profits. If the Client decides to withdraw funds from the Account or close the Account before fulfilling the required conditions, any trading profits and bonus funds obtained under the specific campaign will be nullified and forfeited. Please note that each campaign may have its own specific trading conditions, which can vary.

The Company reserves the right to make amendments and additions to the present Agreement. In particular, it may take place in cases, which are not described directly or indirectly in the current edition of the Agreement or if a rule or law emerges that requires a corresponding amendment or addition.

Should amendments and/or additions be made, the Company shall inform the Clients of this fact by posting relevant notice on the Company’s official Web site and sending a relevant message via the internal mail system.

The posting of relevant notices on the Company’s website and sending messages via internal mail is considered as notification to the Client regarding any amendments and/or additions. This notification is deemed effective whether the Client reads and understands the corresponding text or chooses to ignore it.

The amended document will become effective after a period of 5 (five) full astronomical days (120 hours) from the date of publication of the notice on the Company’s website. Prior to this timeframe, the notice serves an informative (voluntary) purpose and does not hold binding effect.

The amended document applies immediately to all accounts registered after its publication, regardless of any previously registered accounts that the account holder may possess.