The present Tripartite Agreement (further referred to as "the Agreement") is made by and between InstaFintech Group (referred to as "the Company"); InstaTrade customer intending or supposing to copy online trades of any customer of the Company for the purpose of obtaining the benefits and clearly understanding all financial risks (referred as to "the Follower"); and InstaTrade customer intending or supposing to allow the Follower to copy his trades (referred to as "the Trader").
"Company" means InstaFintech Group providing the InstaTrader trading platform and a system of payment settlement between the Follower and the Trader (further referred to as “the ForexCopy system”).
"Trader" shall mean a Company's customer registered in the ForexCopy system as the Trader for the purpose or with intent to enable copying his trades as well as manage his account in behalf of himself and Followers that use the InstaCopy system to copy his trades.
"Follower" shall mean a Company's customer registered in the ForexCopy system as the Follower for the purpose or with intent to copy trades of any Trader registered in the ForexCopy system.
"Monitoring" means a particular page on the Company's website providing information about Traders and available both publicly on the Company's website and in the ForexCopy section of Trader Cabinet and Follower Cabinet.
The ForexCopy system is a software product developed and owned by the Company and designed to technically implement and automate all copying processes occurring between trading accounts registered with the Company. The ForexCopy system shall provide automated processes as follows:
The present Agreement shall establish rights and responsibilities of the Company in addition to rights and responsibilities established by the Public Offer Agreement accepted at registration of a customer's trading account. Provided that Company's servers function properly, the Company shall meet all responsibilities established herein.
The Company shall record a Follower's request to copy trades from the Trader's account and start copying trades from the Trader's account to the Follower's account within 30 minutes after the request has been accepted by the Trader.
The Company shall copy trades from the Trader's account to the Follower's account in real time with the maximum admissible delay of 2 minutes.
Orders that remain open less than two minutes may fail to be copied from the Trader's account to the Follower's account.
After the Trader has accepted a request to copy his trades and started trading, the Company shall periodically record profits and losses from trades opened by the Trader and trades copied to the Follower's account. The record shall be provided once an hour and its results shall be available in Follower Cabinet and Trader Cabinet.
In case the Follower or the Trader has requested to unsubscribe from copying trades, the Company shall process the request within 30 minutes. The profits to be paid to the Follower may differ from the profits displayed in Follower Cabinet at the cancellation request, including cases when the Trader has suffered losses and his trades have been closed at stop-out at the moment of an information update.
The Company shall guarantee that the Trader is unable to withdraw any funds from the Follower's account during the subscription period. Furthermore, the Trader shall not be able to withdraw any part of his funds required to margin open trades.
The Company shall ensure that Trader's contact information (email and phone number) is available in public access on the monitoring page of his account. Information provided may be used to contact the Trader.
The Company shall ensure that Follower's contact information (email and phone number) is available to the Trader whose trades are being copied. Information shall become available to the Trader after a Follower's request to copy trades has been accepted by the Trader.
The present Agreement shall establish rights and responsibilities of the Follower in addition to rights and responsibilities established by the Public Offer Agreement accepted at registration of a customer's trading account. The Follower shall enjoy rights to an extent enabled by software and hardware facilities of the Company. In case of technical problems and/or software failures, the Company may not be able to ensure full observance of Follower's rights.
The Follower acknowledges and assumes all risks provided in the Article 8 hereof. The Follower understands that risk disclosure may not contain full information about possible risks and assumes any risks reasonably caused by the Company or a third party.
The Follower acknowledges and accepts technical regulations of the ForexCopy system described in the Article 7 hereof and any risks related to them.
The Follower acknowledges that under the present Agreement the Company shall provide technical implementation of the ForexCopy system disclaiming any responsibilities for the results of trades on the Trader's account.
The Follower shall directly contact the Trader on any issue concerning management of the Trader's account using contact information provided in accordance with the Paragraph 3.5 hereof if any of copying terms are not clearly stated by the Trader in the ForexCopy system.
The Follower may request to copy trades from a desired Trader's account in Follower Cabinet. A request to copy trades shall not guarantee that it will be accepted by the Trader. The process of copying starts within 30 minutes after the request has been accepted by the Trader. A number of accounts to copy trades from is not limited.
The Follower shall have free access to statistics on a balance, equity and profits of the Trader's account updated regularly (once an hour in normal conditions). Using this information, the Follower may take a decision to cancel subscription to copy trades of the Trader; however, the Follower shall be aware of possible delays in information update that shall not exceed one hour in normal conditions.
Trades on the Follower's account shall be closed in real time following their closing on the Trader's account or automatically in accordance with the Paragraph 7.13 hereof. Besides, the InstaTrader platform shall enable the Follower to close copied trades at his discretion.
Copying trades shall be cancelled in case:
The present Agreement shall establish rights and responsibilities of the Trader in addition to rights and responsibilities established by the Public Offer Agreement accepted at registration of a customer's trading account. The Trader shall enjoy rights to an extent enabled by software and hardware facilities of the Company. In case of technical problems and/or software failures, the Company may not be able to ensure full observance of Trader's rights.
The Trader acknowledges and assumes all risks provided in the Article 8 hereof. The Trader understands that risk disclosure may not contain full information about possible risks and assumes any risks reasonably caused by the Company or a third party. The Trader acknowledges his responsibility for any losses incurred by him or his Followers resulting from his Forex trading.
The Trader acknowledges and accepts technical regulation of the ForexCopy system described in the Article 7 hereof and any risks related to them.
The Trader acknowledges that under the present Agreement the Company shall provide technical implementation of the ForexCopy system disclaiming any responsibilities for the results of trades on the Trader's account. The Company shall not be a principal or beneficiary of any trades and/or profits of the Trader.
The Trader shall directly contact the Follower on any issue concerning management of the Trader's account using contact information provided in accordance with the Paragraph 3.5 hereof if any of trading terms are not clearly stated by the Trader in the ForexCopy system. The Trader shall reply to any inquiry of the Follower within 72 hours within the subscription period and 30 days after the subscription has been cancelled.
After the Trader has been registered in the ForexCopy system, his account shall be automatically added to the Monitoring publicly available on the Company's website and in Client Cabinet. Followers may use the Monitoring to find an appropriate Trader.
After the Trader has been registered in the ForexCopy system, he shall be able to accept Followers' requests to copy trades. The Trader shall have a right to decline a request at any moment. Nevertheless, in case the Follower suffers losses from copied trades, the Trader cannot unsubscribe the Follower by an ex parte decision.
The subscription to copy trades in the Forex Copy system shall be cancelled if:
In case the Follower suffers losses from copied trades, the Trader cannot unsubscribe the Follower by an ex parte decision.
In case the Follower has received profits from the copied trades within the subscription period, a commission set forth in the Article 7 hereof shall be credited to the Trader's account or another account, if specified, in accordance with the Paragraph 7.9 hereof.
After a customer has accepted the present Agreement in Client Cabinet of the Company, he is registered with the ForexCopy system as the Follower. At registration, the Follower shall provide his contact information (email, phone number and web messengers) that shall be available to Traders whose trades the Follower copy. The Follower may change his contact information at any time. Follower Cabinet shall be available to the Follower in Client Cabinet of the Company after the Follower has completed the registration.
After a customer has accepted the present Agreement in Client Cabinet of the Company, he is registered with the ForexCopy system as the Trader. At registration, the Trader shall enter his contact information (email, phone number and web messengers) that shall be available to Followers who copy trades from the Trader's account. The Trader may change his contact information at any time. At registration, the Trader shall set an amount of a commission to be credited to the Trader's account from the Follower's account per every closed profitable trade copied by the Follower, and a commission to be credited from the Follower's account per every subscription day except Forex days off. Trader Cabinet shall be available to the Trader in Client Cabinet of the Company after the Trader has completed the registration.
The Follower shall request to copy trades of the Trader in Follower Cabinet by selecting the Trader in the monitoring list. In case the Trader has accepted a request, the system shall start online copying trades within 30 minutes after the acceptance. In case the Trader has declined the request, the system will not start copying trades to the Follower's account.
New requests to copy trades shall be available to the Trader in Trader Cabinet. The Trader shall be entitled to accept or decline any request by choosing a corresponding option in Trader Cabinet within 72 hours after the request has been received. In case the Trader ignores the request, it will be automatically cancelled in 72 hours after it has been received.
After the Trader has accepted a request to copy his trades to the Follower's account, the system shall start online copying trades within 30 minutes.
After the Follower has unsubscribed from copying trades, the system shall terminate the process of copying within 30 minutes.
Information about profits of the Trader and the Follower shall be updated regularly. Information shall be available in Trader Cabinet and Follower Cabinet.
Calculation and crediting of a commission to the Trader's account is fully automated. After the subscription has been cancelled and in case the Follower received profits, a commission per trade, a commission per 0.01 lots and a profit share shall be withdrawn from the Follower's account and credited to the Trader's account. A commission is calculated on the basis of the trading result (total profit and total loss) obtained within the period of subscription to a ForexCopy trader. A daily commission shall be withdrawn from the Follower's account and credited to the Trader's account at the end of every day except Forex days off.
The Trader may replenish his trading account by a standard replenishment procedure in a secured area of the Company's website. The deposited money shall be credited to the Trader's account after the Company receives it.
The Follower may replenish his trading account by a standard replenishment procedure in a secured area of the Company's website. The deposited money shall be credited to the Follower's account after the Company receives it.
The ForexCopy statistics includes:
The ForexCopy statistics provided by the Company is designed to enable the Follower to monitor activities of the Trader. However, the Trader and the Follower shall be aware of possible delays in statistics update that shall not exceed 1–2 hours in normal conditions.