1.7.4. In addition to the above points, we may rely on instructions from persons in possession of your access codes as if such instructions came from you yourself, without us having to conduct further investigations.

1.7.5. If, under any circumstances, you intentionally or unintentionally disclose your access codes to another person, we assume no responsibility for any losses, including but not limited to financial losses and/or loss of opportunities due to your actions and/or omissions.

1.7.6. If you have not conducted any activities and/or transactions over a period we deem reasonable, we reserve the right to conduct additional checks and/or request additional documentation from you to enable the resumption of any activities with us.

1.8. Client Funds - Segregated Accounts

We are a regulated financial services company that applies transparent procedures in all its dealings with you. All funds received from you will be treated as ‘client funds’ and held in segregated client accounts (separate accounts) at reputable banking institutions of our choice. We are legally obligated to regularly review and monitor how these accounts are operated and managed by these banking institutions.

1.9. Currency

All amounts payable for the opening and maintenance of your account shall be paid in the currency you selected when opening your account with us.

1.10. Payment Methods

We only accept cleared funds (funds available in your bank/debit/credit card account). There are three main payment methods you can choose to conduct your transactions:

• Debit or Credit card payment
• Bank transfer
• E-Wallets

1.11. Withdrawals and Deposits

1.11. Withdrawals and Deposits

1.11.1. Deposits: If you make deposits via any of the payment methods mentioned here, you must use your personal account at a financial institution domiciled in the country of your permanent residence and/or the country where you registered your EliteHandeln Kapital account.

1.11.2. Documentation: To proceed with executing a withdrawal order, you must submit the minimum required documents to verify your identity so we can authenticate your identity in accordance with legal provisions, credit card company regulations, and our internal policies. We reserve the right to decline a withdrawal request if we believe such a request could result in a breach of legal and/or regulatory obligations.

1.11.3. Cards: Deposits via debit or credit cards from high-risk countries are not permitted under our policies. Deposits via debit or credit card may be refunded to the same debit or credit card used for the withdrawal. A withdrawal to a bank account funded via debit/credit card or e-wallet will be processed at our discretion.

1.11.4. Withdrawals: We make every effort to process withdrawals within one business day (no more than 24 hours). Approval of your KYC documents for verification purposes under our policies and applicable law is required prior to the withdrawal request. We will also take reasonable steps to inform you of the progress of a funding and/or withdrawal request, particularly regarding processing times and any required documentation, the absence of which may cause delays. Further details on processing times are available on our website, which are for guidance only. You understand that we cannot guarantee these times due to events beyond our control. If you select an account currency different from your debit/credit card currency, currency conversion fees or other charges may apply; thus, your refund amount may slightly differ from the sum you originally deposited in your account currency.

1.11.5. Bank Transfers: For deposits via bank transfer, you must use your personal bank account at a bank in the country of your permanent residence. This is an absolute requirement imposed by anti-money laundering legislation. An authentic SWIFT or transfer confirmation showing the origin of the funds must be sent by your bank to us. If such a SWIFT or transfer confirmation is not sent, the deposit may not reach your account and will be refunded to your bank account. As previously stated, all withdrawals from your account will be refunded to the same bank account from which the funds were originally received. If we are unable to refund the funds to the same remitter and via the same payment method through which the funds were originally received by us, we reserve the right (but are under no obligation) to remit the funds via an alternative payment method we select at our sole discretion in any currency we deem suitable (regardless of the currency in which the original deposit was made). Under these circumstances, we are not responsible for transfer fees or costs charged by the recipient and/or currency conversion rates arising from the payment of such an amount.

1.11.6. E-Wallets Payment Methods: If you choose to deposit funds via e-wallets, you are bound by the rules and regulations of the respective service provider. You may also be subject to additional taxes and other restrictions. Please read the terms and conditions of your service provider for further details. For offline eWallet payment methods, you must also submit your deposit payment confirmation to us. Approval of your KYC documents for verification purposes under our policies and applicable law is required prior to the deposit. You must also submit your deposit payment confirmation details to us. The net amount received will be credited to your account. Note that we may need to process withdrawals via a different provider than the one you used for the original deposit if required for legal and regulatory reasons (anti-money laundering regulations). Also, note that you must bear all fees when requesting profit withdrawals via an e-wallet payment method.

1.11.7. Deposit Restrictions: Please also note that we may, at our discretion, impose certain restrictions on the amounts you have deposited using your debit or credit card.

1.11.8. Accidental Receipt of Funds: If you accidentally receive funds from us, you agree to hold such funds in trust for the benefit of EliteHandeln Kapital or the beneficial owner. If you use funds mistakenly sent to you, we have a claim on behalf of the beneficial owner to such funds and all profits derived from their use.

1.12. Islamic Accounts

1.12.1. If a client cannot receive or pay interest due to their Islamic religious affiliation, they may choose to designate their trading account as a ‘swap-free’ account in the prescribed manner, which is not charged or entitled to rollover and/or interest (hereinafter referred to as an ‘Islamic Account’). The client hereby confirms and accepts that a request to maintain their account as an Islamic Account is made solely due to the stated Islamic religious beliefs and for no other reason. The Company reserves the right to reject a client’s request to designate their account as an Islamic Account. All open positions on Islamic Accounts expire at 12:00 GMT in 14 days from the day the position is opened.

1.12.2. Islamic Accounts must be used in good faith. Clients must not misuse their Islamic Account, including but not limited to: (i) using the swap-free account to gain profits from swaps or non-payment of swaps. (ii) demanding payment of swap amounts lost due to converting their normal trading account into an Islamic Account for the period their normal trading account was converted into an Islamic Account. (iii) abusing their Islamic Account by exploiting the non-payment of swaps, including but not limited to fraud, manipulation, cash-back arbitrage, carry trades, or other forms of fraudulent or deceitful activities.

• (i) Using the swap-free account to gain profits from swaps or non-payment of swaps.
• (ii) Demanding payment of swap amounts lost due to converting their normal trading account into an Islamic Account for the period their normal trading account was converted into an Islamic Account.
• (iii) Abusing their Islamic Account by exploiting the non-payment of swaps, including but not limited to fraud, manipulation, cash-back arbitrage, carry trades, or other forms of fraudulent or deceitful activities.

1.12.3. If the Company suspects a client is abusing the rights granted by classifying their account as an Islamic Account, the Company has the right to immediately take one or more of the following actions without prior notice: (i) recall or revoke the account’s classification as an Islamic Account and convert it into a normal trading account; and/or (ii) close open positions and reopen them at the prevailing market price. The client hereby acknowledges that they bear all costs arising from the aforementioned action, including but not limited to spread adjustment costs; and/or (iii) correct and reclaim all accrued swap and interest costs or costs related to the client’s trades on their Islamic Account; and/or (iv) cancel all client trades and profits or losses arising from the misuse of their Islamic Account; and/or (v) terminate the client agreement.

• i. Recall or revoke the account’s classification as an Islamic Account and convert it into a normal trading account; and/or
• ii. Close open positions and reopen them at the prevailing market price. The client hereby acknowledges that they bear all costs arising from the aforementioned action, including but not limited to spread adjustment costs; and/or
• iii. Correct and reclaim all accrued swap and interest costs or costs related to the client’s trades on their Islamic Account; and/or iv. Cancel all client trades and profits or losses arising from the misuse of their Islamic Account; and/or
• iv. Correct and reclaim all client trades and profits or losses arising from the misuse of the Islamic Account; and/or
• v. Terminate the client agreement.

1.12.4. The Company reserves the right to terminate the client’s Islamic Account at any time at its sole discretion, without being obliged to provide an explanation or justification.

1.13. Corporate Actions

1.13.1. Takeovers and conversions (including but not limited to events such as share consolidations/splits, mergers, takeovers, spin-offs, MBOs, de-listings, etc.). Depending on the circumstances of the specific event, we will endeavor, where possible, to close open positions immediately prior to the event occurring. If an instrument is subject to adjustment as a result of such an event, we determine the appropriate adjustment credited to your account, taking into account the dilutive or concentrative effect of the action. Such adjustment represents the economic equivalent of our and your rights and obligations immediately prior to the action.

1.14. Archiving of Trader Accounts (ONLY for users of the MetaTrader 4 platform (MT4) and the MetaTrader 5 platform (MT5))

1.14.1. Every Sunday, we conduct automatic archiving for MT4 and MT5 accounts that meet ALL of the following conditions: the account inactivity period (time since last access to the MT4 & MT5 accounts (login)) exceeds 180 consecutive days; AND the account balance is 0; AND there are no open positions on the account; AND no positions were closed during the inactivity period (no trading activities on the account, such as submitting broker commissions, deposits, and withdrawals).

1.14.2. You can reactivate your MT4 and MT5 trading accounts post-archiving at any time free of charge by contacting us.

1.15. Order of Execution

1.15.1. The Company takes all sufficient measures and considers a range of factors to achieve the best possible outcomes for the Company’s clients, either when executing client orders or when receiving and transmitting orders for execution in relation to financial instruments.

1.15.2. By concluding this Client Agreement, you confirm that you have read and understood the ‘Order Execution Policy’ document, and you also agree that the Company may execute or receive and transmit an order for execution outside a regulated market or MTF. Please read the Company’s ‘Order Execution Policy’ on the legal page.

1.16. Trading Terms and Expiry Dates

1.16.1. Product specifications and/or terms (including rolling/swap fees, spreads, premiums, etc.) are available on our trading platform and our website in their current version. You are responsible for staying informed about our product specifications and terms as well as all other information, and you must take all necessary steps to safeguard your interests if you believe you may be affected. You acknowledge that product specifications and/or terms may be amended. In the event of such a change, you remain bound by the contract.

1.16.2. You are aware that we may remove any of our products and/or remove your ability to place an order at any time. If we have discontinued providing a product and you have an open position in that product, it is your responsibility to cancel and/or close the position; otherwise, we will close the position at the last available price for the relevant instrument. You also understand that all open positions on CFDs with an expiry date will automatically close at the specified expiry time.

1.16.3. We may, at our sole and absolute discretion, set an expiry date and expiry time for a particular instrument. If we set an expiry date for a particular instrument, that date will be displayed on the trading platform. It is your responsibility to ensure you are aware of the expiry date and time.

1.16.4. If you do not close open positions related to an instrument with an expiry date prior to that expiry date, the position will automatically close on the expiry date. The position will be closed at a price corresponding to the last price quoted on the trading platform immediately prior to the respective expiry date and time.

1.17. Insufficient Tradable Balance

In the event that you wish to complete or amend a transaction and the monetary amount (‘tradable balance’) is insufficient, you acknowledge and agree that your stored debit/credit card on your account may be charged to cover the required amount.

2. Our Fees

2.1. Before you complete a transaction with the Company, please ensure you have understood and accounted for all applicable fees such as spread(s), rolling/renewal fees, etc. (‘Fees’). It is your responsibility to seek further explanations if needed. All applicable fees will be directly deducted from your account/accounts.

2.2. Fees may appear in units other than monetary value, such as the spread, which may vary depending on the instrument and market conditions. Spread costs are measured in pip value, and you can find the value of a pip for all our instruments on our website: https://www.elitehandelnkapital.com/eu/trade/forex-spreads/.

2.3. We reserve the right to change, modify, remove, or supplement these fees at any time and at our sole discretion. If these fees are amended, we will publish such changes on our website. In the event of a material change to the applicable fees, you will be notified in writing in advance unless the change is due to unforeseen market circumstances; in such cases, we may notify you at or after the event. If changes are due to external circumstances beyond our control, we are entitled to amend the fees with immediate effect and inform you of the changes as soon as possible. It is your responsibility to check the fees on our website from time to time to ensure you are informed of such changes.

2.4. Dormant Accounts

Client accounts where no transactions have occurred during a specific period of twelve (12) consecutive months will be considered dormant. Dormant accounts will be charged a fee of USD 25 or the full amount of the free balance in the account if the free balance is less than USD 25. If the free balance is zero, no fee will be charged. If an account continues to be considered ‘dormant’, the above-mentioned dormant account fee will be levied semi-annually (i.e., every six (6) months).

2.5. Maintenance Fees

Clients must provide us with all necessary payment details to enable us to remit the free balance in their closed account back to them. For closed accounts where no payment details have been provided, a monthly maintenance fee of USD 5 or the full amount of the free balance will be charged if the free balance is less than USD 5.

2.4. Dormant Accounts

For certain types of financial instruments, overnight financing fees may apply, and ‘Rolling Fees’ are charged for trading these instruments when kept open overnight. Details on daily financing fees are available for each financial instrument on the respective trading platform.

For non-proprietary platforms (MT4 and MT5 platforms), rolling/renewal fees are charged daily, with triple fees deducted on Wednesdays, and they are deducted from the balance when the position is closed.

For the proprietary platforms, rolling/renewal fees are charged daily, with fees being collected in triplicate on Wednesday. In case the account balance is insufficient, the renewal fee will be automatically charged to the client's credit card. In case the fee cannot be collected, the company will notify the client via email of the uncollected ongoing fees. If we are unable to collect the rolling fees, we will close some or all of your open positions after 24 hours. Closing of trades due to uncollected rolling fees does not occur on weekends. Your day trading positions will remain open until Monday, end of the day, when the rolling fees will be collected.

3. Our Communications with You

3.1. We will communicate with you about any notice, instruction, request, change to the terms of this Agreement, our policies and legal documents or any other communication ('Communications') via your registered email, the Trading Platform, the Company's website, by telephone or, if we choose to send you a formal communication in writing, and/or by post to your registered address. It is your responsibility to ensure that you have read any communications we send you from time to time via any of the above communication methods. You hereby consent to the Communications being made to you.

3.2. Unless otherwise specified in this Agreement, any notice, instruction, request or other communication you give to us under the Agreement must be in writing and sent to the Company's contact details. All of our contact details can be found on our website. Any communication from you to us will be deemed effective on the date and time it is received by us.

3.3. You agree that both before and after the commencement of the business relationship, the official language of the Company is English, which is legally binding. If you wish to communicate with you in another language, please contact us. You further agree that we may send you all information, notices or announcements and other information, including periodic statements, changes to the terms and conditions and privacy, electronically (durable medium). If you wish to receive another form of communication (e.g. in paper form), please contact us.