Last updated: October 4, 2024
A fully owned subsidiary of Eazzytrazact Limited is Eazzytrazact. The legal relationship between you and Eazzytrazact is governed by these Terms and Conditions (hereinafter referred to as "Terms").
Spot contracts, forward contracts, limit orders, stop loss orders, additional services, and digital content are some examples of these services.
You accept to be legally bound by these Terms by using any of our services as stated in these Terms. Please make sure you read these Terms carefully, and do not use any of our services if you disagree with them.
Please also read the following documents which apply to your use of our websites:
Privacy Policy: lays out the conditions for processing any personal information we may get about you. You agree to this processing when you use our websites, and you guarantee that all of the data you provide is true.
Cookie Policy: information about the cookies on our websites
Glossary
Terms not defined elsewhere in the Terms shall have the meanings set forth in this section:
Business Introducer that individual with whom we have a Business Introducer Agreement. In addition to marketing and promoting the Services, this individual will serve as an Authorised User on your behalf, unless the Customer has instructed otherwise.
Customer Nominated Account The bank account nominated by Eazzytrazact which the Sale Currency will be paid.
Contract Individual Orders that have been accepted by Eazzytrazact.
Contract Note The written document setting out the details of an Order that will be sent to the Customer following Order Confirmation.
Customer Application Process The completed application by the customer, which will be included in these conditions, and upon which Eazzytrazact will have the exclusive right to decide whether to accept the client as a customer and, consequently, agree to offer them Services
Data Controller The natural or legal person who determines alone or jointly with others the purposes and means of the collection and use of personal data.
Data Processor The natural or legal person who Processes personal data on behalf of a Data Controller.
Drawdown An Order to utilise an existing Forward Contract fully or partially.
Fees The charges payable by the Customer for our Services.
Forward Contract An Order for deliverable foreign exchange via Eazzytrazact where the Value Date is later than two Business Days after the Order.
Good Till Cancelled An Order which remains valid until cancelled by you.
Limit Order Has the meaning given in clause 10.7.
Margin A deposit or advance payment required to enter into a Forward Transaction.
Margin Call A request made by Eazzytrazact to the Customer for additional amounts on demand (up to the total amount of the Contract's Sale Currency) that Eazzytrazact may lawfully need in order to account for unfavourable fluctuations in exchange rates between the Contract's date and the Value Date
MiFID Exempt Forward Contract A forward contract that, unless otherwise permitted by the regulations, the Market in Financial Instruments Directive II, and the United Kingdom's regulated Activities Order, is entered into to facilitate payment for identifiable where the customer is not a financial counterparty (as defined in Article 2(8) of the European Market Infrastructure Regulation). The contract must be settled physically.
Online System The electronic platform used by Eazzytrazact to provide the Services.
Order Oral, verbal, or electronic instructions from the customer to Eazzytrazact to execute a forward contract, spot contract, limit order, or stop loss order, entitling the client to a deliverable foreign exchange agreement.
Payment Partners The technology and banking partners used to enable performance of the Services.
Sale Currency The amounts that the customer owes Eazzytrazact in relation to a contract, including any margin or margin call, in a specified currency.
Spot Contract An Order via Eazzytrazact where the Value Date is two Business Days after the Order.
Stop Loss Order Has the meaning given in clause 10.6.
Terms Of Use The terms and conditions set out by a Payment Partner.
Transaction An instruction by a Customer to send funds using the Services and, where applicable, the execution of that instruction by us.
Transaction Account The bank account that the customer has provided Eazzytrazact with, into which Eazzytrazact shall deposit any money owed to you in connection with any transaction.
Regulations The Money Laundering Regulations 2017 as amended, the Proceeds of Crime Act 2002, the Payment Services Regulations 2017, various anti-terrorism laws, the Fraud Act, the Anti-Bribery and Corruption Act, the Economics Crime Bill 2022, and any other laws enacted to combat financial crime are among the laws and regulations that are periodically in effect and have a direct or indirect connection to the buying or selling of currency.
Relevant Funds Has the meaning given in Regulation 23 of the Payment Services Regulations 2017
Value Date The date specified in the Contract Note by which the Customer must have transferred the Sale Currency to the Customer Nominated Account.
Websites https://EazzyTranzact.com
1. Overview
1.1 EazzyTranzact is a trading name of A1 Forex Ltd registered in England & Wales with reg number 06194805 Ltd is a company that is incorporated in England and Wales and operates under the name "Eazzytrazact." The company's office is located at 37th Floor, 1 Canada Square, Canary Wharf, London, E14 5DY. The Financial Conduct Authority (the "FCA") has granted Eazzytrazact authorisation as an Authorised Payment Institution (API) with registration number 578588. Under registration number XXXXXXXXXXXXXXX Eazzytrazact is a Money Services Business (or "MSB") licensed and governed by HMRC.
1.2 Eazzytrazact can be reached by the customer by email at [email protected], or by mail at EazzyTranzact Ltd, 37th Floor, 1 Canada Square, Canary Wharf, London, E14 5DY.
1.3 In the unlikely event that Eazzytrazact needs to get in touch with you, we'll do it by phone or in writing using the email address you supplied during the customer application process.
1.4. Eazzytrazact offers services for buying and selling currencies for personal and business use. Contracts between Eazzytrazact and its clients are for delivery or settlement. In other words, the customer has to accept delivery of the funds to a bank account upon maturity. Eazzytrazact does not offer its services for speculative or investing reasons; rather, it serves customers for the purpose of fulfilling international payments and/or hedging assets. Employees at Eazzytrazact don't offer advice.
1.5. The Customer agrees with Eazzytrazact that all Transactions will be conducted on the Terms outlined below and wishes to engage into a Contract(s) with Eazzytrazact for the purchase, sale, and delivery of money.
The Customer confirms that:
(a) it has or will have a personal or commercial need for the currency which is the subject of each Transaction and Contract and they will not be for the purpose of speculation or investment and
(b) it is acting on its own account and not on behalf of any other person.
(c) it is MiFid Exempt if a Forward Contract
1.6. Please be aware that exchange rates for foreign currencies can change for reasons outside Eazzytrazact's control. Performance in the past does not guarantee performance in the future.
1.7. These Terms, which govern all interactions between the Customer and Eazzytrazact, are crucial for the Customer to read and comprehend. It is recommended that the Customer obtain legal counsel before to signing the Customer Registration Form in case there are any terms they are unclear about or do not want to consent to. The Customer Registration Form should only be signed by the Customer if it accepts these Terms.
2. Eazzytrazacts’s services
2.1. Eazzytrazact will, when it decides to do so, enter into agreements for the sale, purchase and delivery of currency (‘Contracts’) with the Customer. Contracts may, without limitation, include:
(a) Spot Contracts under which currency is bought and sold for delivery immediately against receipt of payment;
(b) fixed Forward Contracts under which currency is bought and sold for delivery at a fixed future date
(c) open Forward Contracts under which currency is bought and sold for delivery at a time subsequently instructed by the Customer within an agreed period or, failing such instructions, at the end of the agreed period;
(d) in the event of a Forward Contract the Customer shall immediately pay a part payment as Margin as specified by Eazzytrazact, into the Customer Nominated Account in cleared funds. The Customer shall pay any outstanding balance of the sold currency into such Customer Nominated Account by the Value Date of the Forward Contract. Eazzytrazact reserves the right to make a Margin Call to re-establish the Margin to the original percentage level agreed for the particular Contract if the Margin subsequently falls below that threshold. Eazzytrazact reserves the right to make a Margin Call in excess of the original percentage level agreed for any particular Contract, which must be satisfied in full, on demand as condition for the contract to remain,
(e) open Forward Contract under which currency is bought and sold for delivery at a time subsequently instructed by the Customer within an agreed period or, failing such instructions, at the end of the agreed period; and
(f) limit or stop loss orders under which currency is bought and sold for delivery if and when an agreed exchange rate is available; and
(g) payment and volume charge Fees for the delivery of currency
2.2. Eazzytrazact will always contract as principal with the Customer and deal with the Customer on an execution only basis.
2.3. Although it may occasionally supply information to the customer, Eazzytrazact will not advise the customer on the merits of a proposed currency contract or offer tax or other advice. When entering into a contract, the customer agrees to rely only on its own judgement (or the judgement of any third party consultant) and not to take any information or remarks provided by Eazzytrazact as advice.
2.4. On the day indicated in the Contract Note (referred to as the "Maturity Date"), the Customer shall take physical possession of and pay for the currency in question. In addition, if Eazzytrazact stipulates in the Contract Note or under Clause 4 that advance or installment payments be made, the Customer shall make such payments at such time or times as Eazzytrazact may require in order to fulfil the Contract.
2.5. Business Presenter. Unless you have notified us in writing that you have agreed differently with the Business Introducer, the Business Introducer who introduced the Customer to Eazzytrazact will be considered an Authorised User and will act on your behalf when using the Services. In the case that a Business Introducer does not represent them as an Authorised User, the Customer shall promptly notify Eazzytrazact of this.
2.6 Unless otherwise specified in these Terms, Eazzytrazact shall always serve as the Customer's primary service provider, holding all payment and legal obligations to enable the Customer.
3. Instructions
3.1. Electronic, verbal, or written instructions pertaining to a Transaction or Contract for the purchase, sale, and delivery of money (the "Order") may be provided by the Customer to Eazzytrazact. Eazzytrazact is authorised to act upon instructions that appear to be from the Customer or any Authorised User. The Customer may designate any other individual (referred to as a "Authorised User") to give Orders on its behalf.
3.2. Once Eazzytrazact receives an order, it will, if it agrees to accept it, electronically or verbally agree with the customer on the terms on which it is willing to enter into a contract. It will then electronically send the customer a contract note that will confirm the order's details (the "Contract Note").
3.3. Only with Eazzytrazact's express consent may the Customer alter or cancel a Contract Note after Eazzytrazact has sent a confirmation of an Order (and any such amendment or cancellation shall be on the criteria provided by Eazzytrazact). Prior to giving the order to cancel or change a contract, it is highly recommended that you ascertain any associated costs.
3.4. Eazzytrazact retains the right, in its sole discretion, to reject any order or instructions from the customer without providing a justification or accepting responsibility for any damages the customer may incur as a result of the refusal.
3.5. Eazzytrazact may (but shall not be obliged to) require further confirmation or information from the Customer or Authorised User of any Order or instruction if:
(a) Eazzytrazact considers that such confirmation or information is desirable or that a Order or instruction is ambiguous, required to satisfy regulatory/legal requirements; or
(b) the instruction is to close the Customer‘s account or to remit the Customer’s funds to a third party.
3.6. The following circumstances must be met in order for the Customer to terminate a contract entered into under these terms before its maturity date: the Customer must give written notice to Eazzytrazact or their Business Introducer by email or phone. The Financial Services (Distance Marketing) Regulations 2004 do not grant the Customer the right to cancel any Contract.
(a) each party will remain liable to perform accrued but unperformed obligations which have fallen due before termination, but all other rights will cease upon such termination;
(b) the Customer will be liable for all of the costs, expenses and losses (and interest at the rate referred to in Clause 5 on any such sums) that Eazzytrazact may incur (including any action it may take to cover or reduce its exposure) as a result of Eazzytrazact entering into such Contract with the Customer (including the actual or hypothetical costs of unwinding any hedging arrangements which are referable to such Contract). Any excess amount held by Eazzytrazact in respect of Contract shall be returned to the Customer after deducting all other sums due to Eazzytrazact.
4. Payment
4.1. The full value of the currency to be sold by the customer under the contract (the "Sale Currency"), including, in the case of any Contract which is not a Spot Contract, such instalments thereof as may be specified in the Contract Note and/or as Eazzytrazact may subsequently notify the Customer from time to time, shall be paid by electronic transmission (or by such other means as agreed with Eazzytrazact in any particular case) in cleared funds into a bank account nominated by Eazzytrazact (the " Eazzytrazact shall be released from any obligation to make any equivalent Transaction that it may be required to make under the applicable Contract in the event that the Customer fails to pay the entire value or any such installment.
4.2. As mentioned in Section 9, our Payment Providers hold Customer Nominated Accounts. The accounts are solely used to finance transactions involving foreign exchange. This indicates that the funds in this account are held for the benefit of its customers for the reasons listed in Clause 4.2(a). Payments or applications of the funds held in this account will only be made in compliance with the instructions of the customer or as otherwise indicated in Clause 4.2(a).
(a) The purposes for which money in the Customer Nominated Account is held and may be applied, withdrawn or transferred by or on behalf of Eazzytrazact are:
(i) (i) settlement of Contracts between Eazzytrazact and any of its Customers that may involve funds deemed to be Relevant Funds as defined in Regulation 23 of the Payment Services Regulations 2017;
(ii) payment of other sums due and payable to Eazzytrazact by Eazzytrazact’s Customers under these Terms or under any Contract including without limitation advance or instalment payments, transfer charges and interest;
(iii) payment of sums due to Eazzytrazact’s Customers in accordance with their instructions;
(iv) repayment to Eazzytrazact of sums owed to Eazzytrazact and temporarily paid by it into the Customer Nominated Accounts; and
(v) withdrawal or retention of interest by Eazzytrazact in accordance with Clause 5.2.
(vi) netting off pending liabilities, where a Customer owes monies to Eazzytrazact
(b) The Customer Nominated Account is one in which we receive money from Customers and is applied as set out in Clause 4.2(a) for all of Eazzytrazact’s Customers. It is a segregated account of the Customer unless otherwise agreed between Eazzytrazact and the Customer.
4.3. On or before the Maturity Date, the Customer shall ensure that cleared funds for the full amount of the Sale Currency and any applicable transfer charges are received in the Customer Nominated Account.
4.4. Without first receiving adequate confirmation that cleared funds for all amounts due and payable by the Customer to Eazzytrazact have in fact been received, Eazzytrazact will not perform any Transaction under any Contract.
4.5. The Customer must make all payments under these Terms in full without any deductions, set-off, counterclaim or withholding of any kind.
4.6. Any sum that the customer may owe Eazzytrazact, or any fees, costs, tax liabilities, or charges incurred by Eazzytrazact in relation to any Contract with the customer, regardless of how they occur, may be subtracted by Eazzytrazact from any Transaction to be executed on behalf of the customer.
4.7 Customers should be informed that there may be fees associated with the Transaction Account ("Beneficiary Bank") if funds from Eazzytrazact are received into it. Anything a bank charges is not beyond Eazzytrazact's control. Therefore, before the bank credits the transaction account, the customer should speak with the bank directly about any charges that might be made on funds received by the bank.
4.8 Clients should be informed that while money held in the Customer Nominated Account are safeguarded by the safeguarding requirements, they are not covered by the Financial Services Compensation Scheme (FSCS).
5. Interest
5.1. Interest will be assessed on the outstanding amount at a rate of five percent annually over the base rate of the Bank of England (or of any monetary authority that may replace it) if the Customer defaults on any payment that is due under these Terms. From the moment the payment was due until the customer makes their complete payment, interest will be charged daily, compounded monthly.
5.2. Eazzytrazact may receive and retain or apply for its own benefit any interest that arises in respect of any sum paid into the Customer Nominated Account.
6. Charges
The fees for using Eazzytrazact will be as specified in the Contract Note. The client is aware that as Eazzytrazact acts as a principal, the exchange rate and fees it provides to the client will differ from the rate Eazzytrazact finds on its own.
7. Disputes
If a disagreement arises between the Customer and Eazzytrazact or a Business Introducer Broker regarding the terms of any Contract (a "Disputed Contract"), Eazzytrazact may, without prior notice to the Customer, close out the Disputed Contract or take any other reasonable action regarding the Disputed Contract (including suspending performance of the Disputed Contract) until the dispute is resolved. As soon as it is practically possible, Eazzytrazact will attempt to inform the Customer (verbally or in writing) of the action it has taken; nevertheless, if it is unable to do so, the legality of its action will remain unaffected.
8. Representations and agreements
8.1 The Customer represents to Eazzytrazact that, both at the date of acceptance by the Customer of these Terms and at the time each Order is made and Contract is entered into and carried out:
(a) the Customer is acting as principal for its own account and has full power and authority and has taken all necessary steps to enable it lawfully to enter into and perform these Terms and every Contract under these Terms;
(b) all sums paid to Eazzytrazact under these Terms belong to the Customer and are not subject to any charge or other rights of third parties;
(c) all information supplied to Eazzytrazact by the Customer is, or at the time it is supplied will be, accurate in all material respects and the Customer will not omit or withhold any information which would make such information inaccurate in any material respect; and
(d) the Customer has a valid commercial or personal reason for requiring the currency it buys under each Contract, will not enter into any Contract for speculative or investment purposes and will take physical delivery of the currency bought.
8.2. The Customer will give Eazzytrazact any information that it reasonably requests about its identity, financial affairs, and/or business dealings (including, without limitation, any information that Eazzytrazact needs to comply with its anti-money laundering obligations).
9. Payment partners
9.1 Payment Partners are our liquidity and banking partners used to enable performance of the Service.
9.2 Customer Nominated Accounts (as referenced in Sections 2, 4 & 5) are provided by Eazzytrazact’s Payment Partners.
9.3 Customers can request more information on Eazzytrazact’s Payment Partners by email at [email protected]
10. Additional conditions for forward contracts, stop loss orders & limit orders
10.1. At least twenty-four (24) hours prior to the maturity date of any forward contract or drawdown, the customer must notify Eazzytrazact of the specifics of the transaction account, the method of payment, and the transaction instructions.
10.2. For every order for a forward contract, Eazzytrazact will require an agreed-upon margin from the customer, subject to any facilities. In addition, Eazzytrazact reserves the right to request additional margin calls from the customer in amounts that Eazzytrazact notifies the customer of in the event that exchange rates fluctuate at any point before the maturity date.
(a) Margin and Margin Calls are not Relevant Funds (as referenced in 19.4)
10.3. With Eazzytrazact’s agreement the Customer may Drawdown against a Forward Contract at any time up until its Maturity Date.
10.4. Prior to the Maturity Date, Eazzytrazact and the Customer may agree at any time to roll over all or part of a Forward Contract until a later date, subject to an understanding about the conditions and amounts that the Customer will need to pay Eazzytrazact.
10.5. All Forward Contracts are MiFID Exempt Forward Contracts
10.6 A stop loss order is a conditional order that, if the target currency sells at or below the specified exchange rate before the agreed deadline (either the agreed date or Good Till Cancelled as specified in the Contract Note), will become either a Spot Contract or Forward Contract (as per the Contract Note).
10.7 A limit order is a conditional order that, if the target currency sells at or above the specified exchange rate before the agreed deadline (either the agreed date or Good Till Cancelled as specified in the Contract Note), will become either a Spot Contract or Forward Contract (as per the Contract Note).
11. Default, close out & refusal to perform
11.1. When any of the following occurs, Eazzytrazact has the right, at any time, to refuse performance or to close out all or any part of any Contract, without being liable for any losses that may result from such actions, without providing notice to the Customer or accepting any instructions from the Customer:
(a) the Customer fails to make any payment when due under these Terms or any Contract;
(b) the Customer dies or, in Eazzytrazact’s opinion, becomes of unsound mind;
(c) the Customer suspends payment of its debts, makes or takes steps with a view to making any composition or similar arrangement with its creditors, has a receiver appointed of some or all of its assets, takes or has any proceedings taken against it in bankruptcy, winding up or administration or takes or allows any steps to be taken for its winding up or administration (except for a solvent amalgamation or reconstruction approved in advance in writing by Eazzytrazact) or anything similar to any of these events happens to the Customer anywhere in the world;
(d) the Customer fails in any respect fully and promptly to comply with any obligations to Eazzytrazact under these Terms or otherwise or if any of the representations of or information supplied by the Customer are or become materially inaccurate;
(e) it becomes or may become unlawful for Eazzytrazact to maintain or give effect to all or any of the obligations under these Terms or otherwise to carry on its business or if Eazzytrazact or the Customer is requested not to perform or to close out a Contract (or any part thereof) by any governmental or regulatory authority whether or not that request is legally binding; or
(f) Eazzytrazact considers it necessary to do so for its own protection including (without limitation) in the following circumstances:
(i) protection from fraud;
(ii) protection from Customer default;
(iii) protection from market failure;
(iv) protection from adverse or volatile market conditions; and
(v) protection from loss by Eazzytrazact.
11.2. If the Customer becomes aware of the occurrence of any event referred to in Clause 11.1(a) to (e), it shall notify Eazzytrazact immediately.
11.3. In the event that any of the events listed in Clause 11.1(a) to (f) occur, Eazzytrazact will have the right, at its discretion, to cancel any contracts that are currently in effect and charge the customer all costs, expenses, and losses (as well as interest on any such sums at the rate mentioned in Clause 5) that Eazzytrazact may incur as a result of entering into contracts with the customer (including any action it may take to cover or reduce its exposure), including the actual or hypothetical costs of unwinding any hedging arrangements that are relevant to the Contracts. After subtracting any other amounts owed to Eazzytrazact, any extra money retained by Eazzytrazact with regard to Contracts will be given back to the Customer.
11.4. Eazzytrazact will give the customer any money owed to them or a note outlining the amount owed from them if a contract is closed out or does not go to completion for whatever reason. In the event of a closeout or cancellation, the customer will be responsible for paying all losses and expenses incurred by Eazzytrazact. Additionally, Eazzytrazact reserves the right to deduct any payments owed by the customer from any funds it may hold. Eazzytrazact is allowed to convert whatever currency it owns for this purpose, and it will do so at the best available exchange rate. Any fees or charges that Eazzytrazact has as a result of this conversion are the responsibility of the Customer.
11.5. Any delay in payments by Eazzytrazact under these Terms, whether due to the Customer or any other third party, is not covered by this clause. Examples of such delays include bank delays, postal delays, failures or delays of faxes or electronic transmissions, and delays brought on by emergencies, acts of god, or accidents. To be clear, the customer acknowledges that it is solely responsible for making sure that all amounts owed under any contract between the customer and Eazzytrazact are paid on time and within the deadlines indicated by the specific contract note.
11.6. The Customer may provide written notice to Eazzytrazact or their Business Introducer via email if they would like to modify the Transaction Account information or delivery instructions. While both Eazzytrazact and the Business Introducer will make every effort to act upon such notice, neither party can guarantee that it will be received or addressed right away. Eazzytrazact will also continue to operate in good faith in compliance with all agreements and instructions obtained before receiving the notice. Eazzytrazact shall have the right to proceed with the relevant Contract or instructions in any case where it is inexorably committed to processing a Contract or assuming additional costs, liabilities, or duties in compliance with the Customer's prior instructions.
12. Liability and indemnity
12.1. Liability for Losses. You shall be liable to us, and on our demand you shall promptly pay us, for all Losses (including losses and expenses from any action we take to seek to cover or reduce our exposure under any Contract) arising from or in connection with:
(a) our acting on your or your Authorised Users’ instructions or apparent instructions and Orders (including, where applicable and without limitation, by email, fax, telephone, or via the Online Platform);
(b) anything relating to such instructions made by or on behalf of you or an Authorised User (including where applicable and without limitation, instructions in writing by email, fax or via our website) to us or concluding Orders with us (whether orally or in writing); and
(c) our exercising our rights to Close Out all or any part of any Contract; except to the extent that, in each case, the Losses arise due to our negligence, wilful default, or fraud.
12.2 Transactions that are incorrectly executed or unauthorised. For Payment Services only, you may be entitled to remedies under the Regulations for any unauthorised or improperly completed Transactions. If a transaction is executed from your account that was not authorised by you or an authorised user, we will reimburse you for the amount of the unauthorised payment and, if necessary, return the debited payment account to its original state. After this, we won't be responsible to you for any unauthorised or improperly completed transactions. Please take note that Eazzytrazact will attempt, within reasonable bounds, to retrieve the monies associated with the Transaction through trace and recall procedures as the first action in the event of an illegal payment. We shall proceed as previously mentioned in the event that the trace and recall fail.
12.3 Inaccurate data or bank failure of the beneficiary. If the information you submit is inaccurate, we will not be responsible to you for any nonexecution of a transaction or improper execution of a transaction for payment services. If the beneficiary bank mistakes or fails to process the payment appropriately, we will not be held responsible for any errors, mistakes, or non-performance resulting from the payee/beneficiary bank. Either way, we'll do everything within our power to get the money back that was paid. The expenses that we incur for any such recovery will be at your expense, or the expense of your Business Introducer, if applicable.
12.4 Our Ignorance. In the event that a Loss results from our carelessness or from a breach of contract, we'll work quickly to make things right. As a result of our carelessness or violation of contract, we shall be responsible for any direct losses, including interest and bank fees, subject to Clause 12.1. We shall not be responsible for any incidental, indirect, or unanticipated losses, including lost opportunities.
12.5 Non-Exclusion. Nothing in these Terms excludes either party’s liability for any Loss to the extent it is caused by fraud, dishonesty or deceit, death or personal injury caused by a party’s negligence or any other liability that cannot be excluded by law.
12.6 aggregate Liability. With the exception of liabilities resulting from violations of Clause 12.1 (Liability for Losses), Clause 12.2 (Unauthorised or Incorrectly Executed Transactions) (but only to the amount of the refund due), Clause 12.5 (Non-Exclusion), Clause 12.7 (Your Indemnities), Clause 12.8 (Our Indemnities), Clause 14 (Data Protection), and a violation of Clause 16 (Confidentiality), neither party's total liability to the other party with respect to these Terms shall not exceed the sum of fees paid or payable by you to us under or in relation to these Terms within a year prior to the date on which the cause of action arises. Despite the aforementioned, and subject always to Clause 12.5 (Non-Exclusion), if the claim is related to a specific Contract, our maximum liability to you under any circumstances—whether based on a contract, tort, or another legal theory—shall not exceed the amount equal to the money we sold you under the relevant Contract or the money you received from us as part of the relevant Transaction. Either party shall never be responsible to the other for any loss of data, loss of profits, or any special, incidental, indirect, or consequential loss, however occurring, subject to Clause 12.5 (Non-Exclusion).
12.7 Your Indemnities. You agree to fully defend us on demand from and against any third-party claim.
(a) alleging that your actions in connection with your use of the Online Platform or the Services violates any third party’s rights of privacy or violates any privacy laws; and
(b) arising from or relating to End Customer data. You will, in either case, indemnify us (and our directors, employees and agents) against all damages awarded against us or agreed to in a written settlement agreement signed by you arising out of such claim.
We shall:
(a) promptly notify you in writing of any such claim;
(b) authorise you to control the defence and all related settlement negotiations;
(c) provide you with the assistance and information reasonably necessary to defend and/or settle the any such claim;
(d) in no event jeopardise, settle or admit liability with respect to any such claim without your prior written consent, and
(e) use reasonable endeavours to mitigate any such claim.
12.8 Our Indemnities. We agree to fully defend you on demand against any third-party claim alleging that the use of our Services in accordance with these Terms infringe the intellectual property rights of a third party. We will indemnify you in full and on demand against all damages awarded against you or agreed to in a written settlement agreement signed by us arising out of such claim.
You shall
(a) promptly notify us in writing of any such claim;
(b) authorise us to control the defence and all related settlement negotiations;
(c) provide us with the assistance and information reasonably necessary to defend and/or settle any such claim;
(d) in no event jeopardise, settle or admit liability with respect to any such claim without our prior written consent, and
(e) use reasonable endeavours to mitigate any such claim.
13. General
13.1. These Terms set out the entire agreement and understanding of the parties on their subject matter and supersede all previous oral and written communications on the same subject matter.
13.2 Eazzytrazact may change these terms at any time by giving the customer written notice of the change. The change will take effect on the date stated by Eazzytrazact and will not be retroactive. However, it will not impact any rights or duties that have already arisen. Otherwise, only a written agreement between Eazzytrazact and the Customer may alter these Terms.
13.3. The legality, validity, or enforceability of any provision of these Terms or any Contract under the laws of any other jurisdiction will not be impacted in any way, nor will the legality, validity, or enforceability of any other provision of these Terms or any Contract, if at any point any of these provisions are or become illegal, invalid, or unenforceable under the laws of any jurisdiction.
13.4. A party does not forfeit any rights under these Terms if it does not exercise them or does so slowly. Other legal rights are not limited by the rights granted in these Terms.
13.5. The parties agree to:
(a) the electronic recording by either party of telephone conversations between the parties with or without an automatic tone warning device; and
(b) the use of such recordings as evidence by either party in any dispute or anticipated dispute between the parties or relating to dealings between the parties.
13.6. If Eazzytrazact makes any recordings or transcripts it may also destroy them in accordance with its normal procedures.
13.7. The client understands and accepts that Eazzytrazact may conduct an electronic database search and contact credit reference bureaus to confirm the identification and credit standing of the client and any of its shareholders. In compliance with all current and applicable laws, Eazzytrazact may maintain records of the materials and findings of any such searches if they are conducted. Eazzytrazact or the Business Introducer will ask the Customer for any information or documentation that is needed outside of the electronic database search in order to verify the Customer; the Customer may reply to Eazzytrazact or the Business Introducer directly.
13.8. If the Customer has any complaint it should in the first place contact Eazzytrazact via email at [email protected] and Eazzytrazact will aim to resolve it as quickly as possible and to the Customer’s satisfaction.
13.9. Eazzytrazact will make a prompt effort to address any customer complaints. The customer's complaint will be acknowledged within five (5) business days of receipt if this is not practicable. Eazzytrazact promises to address the customer's concern as soon as it can be resolved.
13.10. The Customer may be able to take their complaint to the Financial Ombudsman Service, which will communicate with Eazzytrazact on their behalf, in the odd event that Eazzytrazact is unable to address the issue and it only pertains to Payment Services.
The Customer can contact the Financial Ombudsman Service by calling them on +(0)800 023 4567 or via the following URL: https://www.financial-ombudsman.org.uk/contact-us/complain-online
13.11. The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms or to any Contract.
14. Data protection
14.1. In order for Eazzytrazact, its affiliates, and the company that brought it to the customer's attention to be able to offer and/or enhance its services, the customer grants Eazzytrazact permission to gather, use, store, and process any Personal Information that the customer provides or that results from the searches mentioned in Clause 13.7 above ("Personal Information"). This could entail giving Personal Information to unidentified third parties with locations outside of the European Economic Area ('EEA'). Eazzytrazact will take action to guarantee that the Customer's Personal Information is suitably protected in cases where it is transferred outside of the European Economic Area. Eazzytrazact will only provide a customer's personal information to outside parties insofar as doing so is required by law.
14.2. With the customer's permission, Eazzytrazact may also use the Personal Information to provide news and other information about its services and activities that could be of interest to the customer. The customer should contact Eazzytrazact at info\@EazzyTranzact.com if they would prefer that their personal information not be utilised for these kinds of uses. The customer has specified where it is okay to get information about these services and activities below.
14.3 For the avoidance of doubt, Eazzytrazact will only use Customer’s Personal Information as set out in ourPrivacy Policy
14.4. Other than as stated in these Terms or in our Privacy Policy, Eazzytrazact will not disclose the Customer’s Personal Information.
14.5. If the Customer wishes to obtain a copy of its Personal Information, it should contact Eazzytrazact via [email protected]
14.6 Personal Data. By asking us to provide you with the Services, you will be providing us with information which includes Personal Data. In relation to such Personal Data, we shall act as:
(i) a Data Controller in respect of our use of such Personal Data to
(a) conduct searches and other checks as part of our process of accepting you as a Client (as detailed in Section 13.7),
(b) comply with any legal and/or regulatory requirements to which we are subject from time to time, including but not limited to FCA requirements,
(c) determine how best to provide the Services and our risks in doing so, and
(d) prevent fraud or financial crime; and
(ii) a Data Processor in respect of our use of Personal Data relating to a Customer in order to provide the Services, and where we so act the terms contained in our Data Processing Policy apply to such processing. By accepting these Terms, you also agree to the terms of our Data Processing Policy.
15. Use of the online system (where applicable)
15.1. Before being allowed access to any Online System that Eazzytrazact may make available to the Customer, the Customer must fill out a user setup form with information on any new Authorised User who may use the system as well as any restrictions or limitations. According to clause 2.5, the Customer Registration Form will be the first place where Authorised Users acting on behalf of the Customer are identified.
15.2 License. All Authorised Users will be granted a non-exclusive, non-transferable virtual license by Eazzytrazact to use the Online System to place orders after the Customer has access to it.
15.3. The customer acknowledges that they alone are in charge of safeguarding all of their security factors and that they will contact Eazzytrazact right away in the event that any security information is really compromised or is suspected of being compromised.
15.4. In order to guarantee data security and minimise the possibility of unauthorised access, the customer will have to go through a two-step authentication process whenever they want to access the online system.
15.5. The customer recognises that there is a risk that communications may not function error-free or without interruption due to the nature of the internet and electronic communication, in the event that there are any disruptions in the online system that prevent the customer from using the online system. In this scenario, the customer agrees that Eazzytrazact shall not be accountable for: and should email or call Orders to Eazzytrazact.
(a) any error or interruption in communications; or
(b) any losses or delays in the transmission of instructions causes by any internet service provider or software failure; or
(c) any breaches of security of the Online System beyond reasonable control.
16. Confidentiality
16.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, Customers, or suppliers of the other party except as permitted by Clause 16.2.
16.2 Each party may disclose the other party’s confidential information:
(a) to its employees, officers, representatives, or advisers who need to know such information for the purpose of exercising the party’s rights or carrying out its obligations under or connection with this agreement. Each party shall ensure that its employees, officers, representatives, or advisers to whom it discloses the other party’s confidential information comply with this clause 16.2.
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority
16.3 No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.
17. Applicable law and language
17.1 These Terms and any relationship between Eazzytrazact and the Customer shall be governed by English law and subject to the exclusive jurisdiction of the English courts. All communications between the Customer and Eazzytrazact shall take place in English.
18. Termination
18.1 These Terms of Use shall remain in effect so long as Eazzytrazact’s Business Introducer Agreement with a Customer’s Business Introducer is in place, or so long as Eazzytrazact is providing any Services to the Customer.
18.2 The Customer may terminate these Terms by providing one (1) month’s written notice to Eazzytrazact and Eazzytrazact may terminate these Terms of Use by giving two (2) months written notice to the Customer.
18.3 Termination for Cause. Either of Eazzytrazact or the Customer may terminate these Terms if:
(a) the other party commits any material breach of these Terms and fails to cure such breach within thirty (30) days after receipt of written notice of the same;
(b) the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors, if such petition or proceeding is not dismissed within sixty (60) days of filing.
18.4 The Customer or Eazzytrazact may suspend Services and/or terminate these Terms at any time without prior notice if:
(a) a financial regulator, regulatory or government agency, or law enforcement agency posts a warning with regard to the Customer or Eazzytrazact;
(b) any governmental, regulatory, or judicial authority directs or requests Eazzytrazact or the Customer to suspend or terminate these Terms
(c) a banking partner of ours or yours requests that we or you terminate these Terms or any associated Agreement. Eazzytrazact may suspend Services and/or terminate these Terms at any time without prior notice where Eazzytrazact have reason to believe that the Customer is engaged in fraud, money laundering, or terrorist financing or where Eazzytrazact have reason to believe that the Customer may cause Eazzytrazact to breach their internal risk policy.
18.5 Effect of Termination. Upon the effective date of termination:
(a) the Customer will immediately cease all use of the Online Platform and return any and all copies of any documentation, notes and other materials comprising or regarding the Online Platform;
(b) all of the Customer’s payment obligations under these Terms, will immediately become due and payable;
(c) Eazzytrazact will on request return to the Customer any funds of theirs which Eazzytrazact hold; and
(d) within thirty (30) days of such termination of these Terms, each party will return all Confidential Information of the other party in its possession and will not make or retain any copies of such Confidential Information except as required to comply with any applicable legal or accounting record keeping requirement. For the avoidance of doubt, termination by either party shall not affect any Contract previously entered into and shall not relieve either party of any outstanding obligations arising out of these Terms, nor shall it relieve the Customer of any obligations arising out of any Contract entered into prior to such termination.
18.6 Survival. The following provisions will survive any expiration or termination of these Terms: Clauses 12, 14, 16 and 18. Any sums owed by the Customer to Eazzytrazact under these Terms of Use shall become immediately due and payable on the expiration or termination of these Terms.
19. Safeguarding
19.1 Funds received from the Customer by Eazzytrazact for the provision of payment services are referred to as Relevant Funds.
19.2 Relevant Funds are held in segregated bank accounts which are independent of our business bank accounts. Relevant Funds may also be covered by any insurance policy with an authorised insurer. The purpose for so holing and/or insuring funds is to ensure that in the event of our insolvency, or if a financial claim is made against us, no creditor or claimant should be able to claim funds held in these accounts or covered by this insurance policy. This is because no other person or institution may have any rights or interest over the funds held in these accounts or covered by this insurance policy such as a lien over funds in these accounts. Relevant Funds are not covered under the Financial Services Compensation Scheme (FSCS)
19.3 Foreign exchange services are not a payment service, and where funds received by Eazzytrazact to execute a commercial foreign exchange transaction it is likely to be excluded from the provisions of the Payment Services Regulations, including our obligation to safeguard the said funds.
19.4 When a Customer transfers Eazzytrazact Margin or funds for a Margin Call, full ownership and title to these funds transfer to Eazzytrazact absolutely and such funds are considered as Eazzytrazact funds. They will not be Relevant Funds and so they will be placed into Eazzytrazact’s business bank account and will not be afforded protection under the Regulations.
20. Other important terms
20.1 Eazzytrazact may transfer their rights and obligations under these terms to another organisation. Eazzytrazact will contact the Customer to let them know if they plan to do this. If the Customer is unhappy with the transfer they may contact Eazzytrazact to end the Contract within thirty (30) days of Eazzytrazact informing the Customer about it and Eazzytrazact will refund any payments the Customer has made in advance for Services not provided.
20.2 The Customer may only transfer their rights or their obligations under these terms to another person if Eazzytrazact agrees to this in writing.
20.3 This Contract is between Eazzytrazact and the Customer. No other person shall have any rights to enforce any of its terms.
20.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
20.5 If Eazzytrazact do not insist immediately that the Customer does anything they are required to do under these terms, or if Eazzytrazact delay in taking steps against the Customer in respect of breaking this Contract, that will not mean the Customer does not have to do those things and it will not prevent Eazzytrazact taking steps against the Customer at a later date.
20.6 A waiver of any right under these terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
20.7 Any money remittance transactions carried out by Eazzytrazact are subject to the Regulations. If the Customer requires any information on the Regulations or has any questions regarding the impact of the Regulations on their rights and obligations under these terms, such questions should be addressed directly to Eazzytrazact’s compliance team at [email protected].
20.8 To comply with the requirements of the Regulations, it may be necessary to obtain from the Customer, and retain, evidence of their personal identity in Eazzytrazact’s records. If satisfactory evidence is not provided Eazzytrazact cannot accept a Customer’s instructions. Eazzytrazact are also obliged to report any reasonable suspicions about instructions received, transactions and activities to the regulatory authorities. If Eazzytrazact are required under the Regulations to refrain from communicating with the Customer and/or proceeding with a Customers instructions, Eazzytrazact can accept no liability for the consequences of being prevented from doing so.
20.9 Nothing in these terms is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).