Legal and policies
Client Agreement
The contract between you and BARS 8: account operation, orders and execution, margin, funding, fees, liability, complaints and termination.
Status
Document owner: [LEGAL OR CLIENT OPERATIONS FUNCTION]
Version: [VERSION NUMBER]
Effective date: [EFFECTIVE DATE]
Contracting entity: BARS 8 LTD
Governing law: [GOVERNING LAW]
IMPORTANT
This agreement contains the terms governing your relationship with BARS 8 LTD, trading as BARS 8. Read it together with the Risk Disclosure, Order Execution Policy, Privacy and Cookie Policy, product specifications, fee schedule and any service-specific terms presented to you. Leveraged products can cause rapid and substantial losses.
1 Parties and acceptance
1.1 Contracting parties
This Client Agreement is between:
- BARS 8 LTD, a [LEGAL FORM] incorporated or registered in [JURISDICTION] under number [COMPANY NUMBER], with registered office at [REGISTERED OFFICE], trading as BARS 8, referred to as BARS 8, we, us or our; and
- the person identified and accepted as the account holder, referred to as you, your or the client.
1.2 Formation
The agreement takes effect when we notify you that your application has been accepted, or when you first use an account or service after being provided with these terms, whichever method creates a binding agreement under applicable law. Completing an application does not require us to accept you.
1.3 Contract documents
The agreement includes the current versions of documents expressly incorporated by reference. If documents conflict, the following order applies unless a specific document states otherwise or mandatory law requires another result:
- service-specific written terms accepted for the relevant account or feature;
- this Client Agreement;
- the Order Execution Policy;
- the fee schedule and product specifications;
- other policies and website information.
The Risk Disclosure supplements these terms and does not limit any risk.
1.4 Language
The agreement is concluded in [GOVERNING LANGUAGE]. A translation is provided for convenience unless applicable law gives it equal authority. If versions differ, [PREVAILING LANGUAGE RULE] applies.
2 Definitions
Account means an approved BARS 8 client account and any linked trading, wallet or sub-account.
Account Equity means the account balance adjusted for unrealised profit or loss and other posted items as calculated by the platform.
Applicable Law means every law, regulation, rule, binding order, sanctions requirement and market or regulator obligation applying to BARS 8, you, the account or a transaction.
Authorised Person means an individual we accept as permitted to act on an account under documented authority.
Balance means cash credited to the account after realised profit and loss, fees, payments and adjustments, excluding open-position profit or loss.
Business Day means a day on which BARS 8 conducts the relevant activity, excluding [DEFINED WEEKENDS AND HOLIDAYS]. Trading sessions may follow a different calendar.
CFD means a cash-settled contract for difference whose value references an underlying asset, index, rate, currency, commodity, share, crypto-asset or other measure. A CFD does not transfer ownership of the underlying reference.
Client Money means money treated as client money under [APPLICABLE CLIENT MONEY RULES], where those rules apply.
Close-Out means the reduction or closure of some or all positions, whether initiated by you or BARS 8.
Electronic Service means the client portal, website, trading platform, application, API, message service or other electronic channel made available by BARS 8.
Free Margin means Account Equity less margin committed to open positions, as calculated by the platform.
Instruction means an order, request, consent, election, communication or direction received through an approved channel.
Introducing Partner means an approved person who introduces or refers a client under a commercial arrangement with BARS 8.
Leverage means the relationship between market exposure and required margin.
Manifest Error means a clear pricing, quoting, transaction, system or calculation error that a reasonable person with relevant market knowledge would recognise as erroneous in context.
Margin means the amount required to open or maintain a leveraged position.
Order means an instruction to enter, modify or close a transaction.
Platform means an approved trading system through which an account is accessed, including MetaTrader 5 where offered.
Position means an open contractual exposure recorded in an account.
Product Specification means the current terms for an instrument, including trading session, contract size, currency, minimum and maximum trade size, price increment, margin, financing, corporate-action treatment and other conditions.
Professional Client and Retail Client have the meanings assigned under [APPLICABLE CLASSIFICATION LAW], where relevant.
Services means the accounts, execution, platform, copy trading, PAMM or other services expressly accepted for you.
Stop-Out Level means the equity-to-margin level at which the platform may begin closing positions, stated in the account specification.
Transaction means a CFD or other approved trade entered into between you and BARS 8 or through the execution model disclosed for the product.
Underlying Market means the market, venue, instrument, rate, index or source referenced to determine a product price.
3 Eligibility and application
3.1 Eligibility
You may apply only if you:
- have legal capacity to enter the agreement;
- satisfy the minimum age and residency requirements;
- act for yourself or under authority we have verified;
- are located in a jurisdiction we accept;
- provide complete, accurate and current information;
- pass identity, financial-crime, sanctions and other required checks;
- meet any experience, appropriateness, suitability or client-classification requirements; and
- use the services for lawful purposes.
3.2 Information and evidence
We may request identity, address, tax, ownership, authority, financial position, experience, objectives, funding, wealth and other information before or during the relationship. You authorise us to verify information through lawful independent sources and providers.
3.3 Duty to update
You must notify us promptly if any information changes, including name, address, contact details, tax residence, citizenship, ownership, authorised persons, bank details, financial circumstances, regulatory status or eligibility. We may restrict services until changes are verified.
3.4 Our decision
We may accept, decline, defer or condition an application as permitted by law. We may decide which entity, account type, products, leverage and services are available. We may be unable to give a full reason where law, security or financial-crime controls restrict disclosure.
4 Client classification and assessments
4.1 Classification
Where applicable, we will notify you of your classification and any right to request a different category. A change can reduce regulatory protections. We may refuse a requested reclassification.
4.2 Appropriateness or suitability
We may assess whether you have the knowledge and experience to understand relevant risks. If we warn that a product or service may be inappropriate, you should consider the warning carefully. Any permitted decision to proceed remains yours.
Where we provide a service requiring a suitability assessment, the separate service terms will explain the information considered and the scope of our obligation.
4.3 Execution-only relationship
Unless we expressly agree otherwise in writing, our service is execution-only. General market information, platform tools, educational material, research, rankings, signals, examples and communications do not constitute a personal recommendation, portfolio management, legal advice or tax advice.
You decide whether, when and how to trade and remain responsible for each instruction, including one placed by an Authorised Person, automated tool, strategy provider or manager operating under an accepted service.
5 Accounts and access
5.1 Account structure
We may provide live, demo, partner, copy, PAMM or other account types subject to their specifications. An account is personal to the accepted holder and cannot be transferred without our written approval.
5.2 Credentials
You must keep usernames, passwords, personal identification numbers, recovery codes, API keys and devices secure. You must use available security controls and notify us immediately of suspected loss, compromise or unauthorised access.
We may treat an instruction received with valid credentials and through an approved channel as authorised, subject to applicable law and evidence of compromise. We may suspend access while investigating.
5.3 Authorised Persons
We may accept an Authorised Person after receiving documents and checks we consider necessary. Their authority continues until we accept revocation. You remain responsible for their acts within apparent or documented authority. We may contact you directly, refuse an instruction or require renewed authority.
5.4 Joint and entity accounts
Where joint or entity accounts are offered, the mandate will state who may act and how notices, withdrawals and liability are handled. Unless the mandate states otherwise, joint holders are jointly and severally responsible. An entity must ensure its representatives act within their authority.
5.5 Account records
Statements and platform records are available through the approved channel. You must review them promptly and notify us of a suspected error within [NOTICE PERIOD]. This period does not remove a right that cannot lawfully be limited.
6 Services and products
6.1 Scope
We provide only the services and products enabled for your account. Availability can depend on entity, residence, classification, platform, experience, market conditions and law.
6.2 CFDs
A CFD is an over-the-counter derivative unless the relevant specification states otherwise. You enter a contract based on price movement and do not acquire voting, ownership, custody or delivery rights in the underlying asset.
6.3 Copy trading
If accepted, copy trading seeks to replicate eligible provider transactions according to your allocation and service settings. Provider and follower results can differ because of timing, prices, trade-size rules, equity, deposits, withdrawals, fees, limits and outages. You choose the provider and allocation, monitor the account and remain exposed to all copied losses.
You may request a pause or termination through the available controls. The request may take time to process, and open positions will be handled according to your election and the service terms. Rankings and statistics are informational and do not amount to endorsement or a promise of performance.
6.4 PAMM
If accepted, the PAMM service allocates eligible results from a manager strategy under the published method and offering terms. Subscriptions, redemptions, valuation, high-water marks and performance fees follow the applicable dealing schedule. A manager receives limited trading authority and must operate within the approved mandate.
You acknowledge manager, concentration, allocation, valuation, liquidity and operational risk. Manager verification and profile publication do not guarantee skill, conduct or outcome.
6.5 Demo services
Demo prices, execution, liquidity, balances and results are simulated or provided in a test environment. They may differ materially from live conditions and do not predict live results.
6.6 Third-party features
Charts, news, data, analysis, applications, expert advisers, signals, virtual hosting and other third-party features may be made available. Their terms can apply separately. We do not control every third-party input and are responsible only to the extent required by law and our express obligations.
7 Instructions and communications
7.1 Approved channels
Instructions must be submitted through the platform, secure portal or another channel we approve. Email, chat or telephone instructions are accepted only where we expressly permit them and complete required authentication.
7.2 Reliance
We may rely on an instruction that reasonably appears authentic. We may ask questions, request written confirmation, delay action for verification or reject an instruction where authenticity, clarity, legality, security, margin or market conditions create concern.
7.3 Cancellation
An instruction can be cancelled or amended only before execution and only if the platform or dealing process permits. A request to cancel does not establish that cancellation has occurred.
7.4 Communications
We may communicate through the portal, platform, email, telephone, SMS, push notification, website notice or post using the details recorded for you. Electronic notices are treated as received under [NOTICE DEEMING RULE], subject to mandatory law.
You must maintain working contact details and review account messages. We may record calls, chats, screens and electronic communications for security, evidence, training, quality and compliance where lawful.
8 Orders and execution
8.1 Execution policy
Orders are handled under the Order Execution Policy. By entering the agreement, you confirm that you have received and consent to that policy to the extent required. Where your express consent is needed for execution outside a trading venue, the acceptance flow must capture it separately.
8.2 Order types
Available order types, triggers and expiry options are described in the platform and product specification. A stop or limit instruction becomes eligible for execution when its conditions are met; it does not guarantee execution or a particular price.
8.3 Execution factors
Depending on the client, product and instruction, we consider price, cost, speed, likelihood of execution and settlement, size, nature and other relevant factors. Specific instructions can prevent us from applying the policy to the instructed element.
8.4 Quotes and acceptance
A displayed price may be indicative until the order is accepted and executed. Prices can change between submission and execution. We may reject an order, execute at an available price, apply slippage, partially fill or otherwise handle it as described in the execution policy and platform rules.
8.5 Market and account controls
We may set or change minimum and maximum sizes, position limits, leverage, margin, price bands, trading sessions, order distances and other controls. Changes may apply immediately where risk, liquidity, law, market conditions or a provider requires it.
8.6 Refusal or cancellation
We may refuse, cancel or remove an order where permitted, including when:
- the instrument is closed, suspended, unavailable or outside its session;
- price, liquidity or system conditions prevent reasonable execution;
- margin or account limits are insufficient;
- the instruction is unclear, duplicated, unauthorised or technically invalid;
- the activity may breach law, sanctions, account terms or market integrity standards;
- we suspect error, manipulation, abusive conduct, fraud or credential compromise;
- a corporate action, underlying-market event or provider issue requires it; or
- accepting the order would exceed our risk or operational capacity.
8.7 Errors and corrections
If a Manifest Error or system failure affects a quote, transaction or account entry, we may take a reasonable corrective action permitted by law. Depending on the circumstances, this can include correcting the price, reversing or cancelling the affected transaction, restoring the position, adjusting the account or agreeing another remedy.
We will consider available underlying-market data, timing, liquidity, system logs and client conduct. We will notify you where appropriate and preserve a record. This clause does not permit discretionary cancellation of a valid loss or remove a non-excludable right.
8.8 Prohibited conduct
You must not use the services for unlawful, fraudulent, manipulative or abusive activity. Prohibited conduct includes:
- exploiting a clear price or system error;
- manipulating or attempting to manipulate a market, benchmark, platform or execution process;
- using stolen identities, payment instruments or credentials;
- evading product, account, geographic, leverage, margin or risk limits;
- interfering with systems or placing a volume of messages designed to impair service;
- coordinated activity intended to create a false or misleading appearance;
- abusive latency, feed or platform practices as specifically defined in [ABUSIVE TRADING PROCEDURE]; or
- violating third-party rights or applicable trading rules.
Any response must be proportionate, evidence-based and consistent with applicable law. We may investigate, restrict, reject, correct, close, report or terminate as appropriate. Contractual consequences and calculation methods must be stated with sufficient clarity in the approved procedure.
9 Pricing, spreads and valuation
9.1 Price construction
Our prices are derived from sources described in the Order Execution Policy and may incorporate spreads, adjustments, financing, market conditions, liquidity, our risk and the product specification. A BARS 8 quote can differ from an underlying-market, news or third-party price.
9.2 Spreads
Spreads may be fixed, variable or subject to a minimum as stated for the account and instrument. Variable spreads can widen, including around market openings, closings, news, low liquidity, volatility and underlying-market disruption.
9.3 Account valuation
The platform calculates unrealised profit or loss using the applicable bid, ask or other valuation price. Conversions into the account currency use the rate and any charge described in the fee schedule. Platform values can be provisional until reconciliation.
9.4 Stale or unavailable prices
When a reliable price is unavailable, we may suspend quoting, limit instructions, use a reasonable alternative source or delay valuation and settlement. The approach must follow the execution policy and applicable law.
10 Margin and leverage
10.1 Your responsibility
You must maintain sufficient Account Equity and Free Margin at all times. We are not required to make a margin call before taking action under this agreement.
10.2 Margin calculation
Initial and maintenance margin can depend on instrument, account, position size, direction, concentration, hedging treatment, market conditions, client classification and other risk factors. Current requirements appear in the platform or product specification. The calculation method is [APPROVED MARGIN METHOD].
10.3 Changes
We may change leverage or margin for new and existing positions where permitted. We will give notice when reasonably practicable. Changes may take immediate effect during exceptional volatility, liquidity change, underlying-market action, provider requirement, legal change, concentration or other urgent risk event.
You are responsible for monitoring notifications and funding or reducing exposure before the change takes effect.
10.4 Close-out
If the account reaches the approved Stop-Out Level or another close-out event occurs, we may close some or all positions without prior notice. The platform may select positions according to [CLOSE-OUT SEQUENCE]. Close-out can occur at prices materially different from displayed levels and may continue until the account meets the required threshold.
10.5 Negative balances
[SELECT AND COMPLETE THE APPLICABLE MODEL]
RETAIL PROTECTED MODEL
Where mandatory law provides negative-balance protection, your aggregate liability for covered trading activity is limited as that law requires. Scope, account aggregation, excluded conduct and reset process are described in [PROTECTION TERMS].
CONTRACTUAL PROTECTION MODEL
Where we expressly grant contractual negative-balance protection, the published terms define the eligible clients, accounts, products and exclusions.
NO GENERAL PROTECTION MODEL
Where neither mandatory nor contractual protection applies, you remain liable for a deficit and must pay it on demand. Counsel must approve prominent disclosure for every affected client category.
10.6 No obligation to extend credit
Unless expressly agreed, we do not extend credit and need not allow an account to operate with a deficit. Accepting one shortfall does not require us to accept another.
11 Position limits and risk controls
We may impose account, instrument, direction, group, sector, asset-class or aggregate exposure limits. We may also use reduce-only status, trading pauses, leverage tiers, maximum order sizes, loss limits and other controls. Limits can apply across linked accounts and relationships where permitted.
If a limit is exceeded, we may reject new orders, prevent increases, require reduction or close positions. We will act reasonably and consistently with our risk framework and contractual duties.
12 Corporate actions and market events
12.1 Adjustments
For a share, index or other product affected by a dividend, split, consolidation, rights issue, merger, spin-off, takeover, insolvency, delisting, adjustment or similar event, we may make a fair account or contract adjustment under the product specification. This can include cash adjustments, price or size changes, instrument replacement, close-out or suspension.
12.2 Determination
We consider action taken by the underlying market, issuer, price source, liquidity provider and relevant tax treatment. Fractional entitlements can be settled in cash. We will publish or communicate material treatment where reasonably practicable.
12.3 Exceptional events
An Exceptional Event includes a market closure, suspension, price-source failure, liquidity disappearance, extreme volatility, technology disruption, cyber incident, legal prohibition, sanctions event, natural disaster, civil disturbance, war, government action, payment-system failure or other circumstance materially affecting performance.
During an Exceptional Event, we may take reasonable steps needed to protect clients, comply with law or preserve orderly operations, including changing hours or margin, limiting orders, suspending an instrument, delaying a payment, using alternative data, closing or valuing a position, or activating continuity arrangements.
13 Deposits
13.1 Approved methods
You may fund an account only through a method shown as available to you and in a currency we accept. Payment access, limits, fees and timing depend on provider, verification, region and account status.
13.2 Name matching and third parties
Funds should originate from an account or instrument in your verified name. We may reject, return or investigate a payment from a third party, anonymous source, restricted jurisdiction or mismatched holder. Any approved exception requires evidence and does not create a continuing right.
13.3 When funds are available
We credit funds after receipt, required checks and reconciliation. A provisional credit can be reversed if payment is recalled, charged back, cancelled, fraudulent or unpaid. You must maintain margin if a credit is reversed.
13.4 Charges and conversion
Banks, card schemes, wallets and other providers can deduct charges. We credit the net amount received unless the fee schedule states otherwise. A currency conversion uses the disclosed rate and charge.
13.5 No cash or physical assets
We do not accept physical cash, cheques, securities, tokens or other assets unless an approved method expressly states otherwise.
14 Withdrawals and refunds
14.1 Requests
Withdrawal requests must be submitted through the approved channel and are subject to authentication, due diligence, available balance, open-position obligations, payment rules and law.
14.2 Destination
We generally return funds to the original verified funding source. Where that route is unavailable or fully refunded, we may require a verified account in your name and supporting evidence. We may split a withdrawal among sources to comply with payment and financial-crime controls.
14.3 Processing
Published timeframes describe our target to review and release an eligible request. They exclude provider settlement time and do not guarantee arrival. We may delay a request to complete verification, investigate fraud, comply with a legal duty, resolve a dispute, preserve margin or correct account records.
14.4 Available amount
You may withdraw only the amount available after margin, fees, pending transactions, reversals, liens, set-off and other obligations. A withdrawal that would create insufficient margin may be reduced or declined.
14.5 Death or incapacity
We will act on evidence from a duly authorised estate or representative after completing legal and verification requirements. We may restrict the account while authority is established.
15 Client money and custody
15.1 Applicable model
[COUNSEL MUST SELECT AND COMPLETE ONE VERIFIED MODEL]
Client-money model
Money qualifying as Client Money is held and administered under [APPLICABLE CLIENT MONEY RULES]. The final clause must identify segregation, permitted banks or custodians, pooling, reconciliation, interest, transfer, insolvency treatment and any statutory trust or equivalent arrangement.
Title-transfer or non-client-money model
Where lawful and expressly agreed for an eligible client, money may be transferred to BARS 8 and cease to be Client Money. The final clause must explain ownership, use, repayment obligation and insolvency consequences prominently.
OTHER MODEL
[VERIFIED DESCRIPTION OF THE ACTUAL ARRANGEMENT]
15.2 Bank and counterparty risk
Funds held with a bank, payment provider, custodian or other third party are exposed to that institution and relevant legal regime. BARS 8 exercises the selection, due diligence and monitoring required by law but cannot eliminate third-party failure risk.
15.3 Interest
[STATE WHETHER INTEREST IS PAID, RETAINED OR HANDLED UNDER CLIENT MONEY RULES].
15.4 Compensation scheme
[STATE THE VERIFIED COMPENSATION OR PROTECTION SCHEME, ELIGIBILITY, LIMIT AND LINK, OR STATE CLEARLY THAT NO SCHEME APPLIES].
16 Fees, financing and taxes
16.1 Charges
You must pay the spreads, commissions, financing, conversion, data, inactivity, transfer, copy, PAMM and other charges disclosed for your services. Fees can be deducted from the account when due.
16.2 Overnight financing
Positions held through the product's rollover time can receive a debit or credit calculated under the specification. Rates can vary by direction, instrument, benchmark, market conditions and day. A multiple-day adjustment may apply to account for weekends or settlement conventions.
16.3 Partner and manager payments
We may pay an Introducing Partner, affiliate, strategy provider or PAMM manager from spreads, commissions, net revenue, performance fees or another disclosed source. The nature or basis of relevant payments will be disclosed as required. Such payment creates a potential conflict managed under our framework.
16.4 Taxes
You are responsible for obtaining advice and meeting tax obligations. We may deduct, withhold, report or provide information where law requires. Tax treatment depends on individual circumstances and can change.
16.5 Fee changes
We may change fees by giving [NOTICE PERIOD AND METHOD], unless an urgent external cost, legal change or market event requires earlier effect. The notice explains the effective date and any termination right required by law.
17 Statements, confirmations and objections
Transaction confirmations, statements and reports may be provided electronically. You must review them and notify us promptly of a discrepancy. A notice should identify the transaction, date, amount and reason.
Failure to object within [OBJECTION PERIOD] may be treated as acceptance of the record to the extent permitted by law. It does not validate fraud, deliberate misconduct or an error that applicable law requires us to correct.
Our books and electronic logs are evidence of activity, subject to demonstrated error and applicable evidentiary rules.
18 Conflicts of interest
Our roles can create conflicts, including where we act as counterparty, select liquidity or pricing sources, hedge exposure, set spreads or financing, pay partners, operate strategy rankings or receive revenue related to activity.
We identify and manage conflicts through governance, segregation of duties, execution controls, remuneration rules, monitoring and disclosure. If arrangements cannot provide adequate confidence that client interests will be protected, we will disclose the conflict or decline the activity as required.
The current conflicts summary is available at [CONFLICTS POLICY URL].
19 Market information and research
Information supplied through the website, platform or communications may be delayed, incomplete or provided by a third party. It is general information unless expressly identified as a regulated personal service. You should verify information relevant to a decision.
Past, hypothetical and simulated performance have inherent limitations and do not predict future results. Any third-party opinion remains its author's view.
20 Technology and automated tools
20.1 Client environment
You are responsible for compatible equipment, connectivity, lawful software, security updates and accurate settings. Mobile networks, local devices and third-party systems can fail.
20.2 Electronic service availability
We maintain resilience and incident arrangements proportionate to the service. Continuous or error-free availability cannot be guaranteed. Maintenance, provider failure, market demand, cyber events and other disruption may delay or prevent access.
20.3 Alternative instructions
If an Electronic Service is unavailable, use an approved alternative channel listed at [CONTINGENCY CONTACT]. An attempted message through an unapproved channel may not be accepted. Market movement can continue during an outage.
20.4 Expert advisers, APIs and algorithms
You use automated tools at your own decision and risk. You must test configuration, monitor activity, maintain limits and comply with platform and market rules. We may restrict a tool that threatens security, stability, law or risk limits.
20.5 Cybersecurity
You must notify us of phishing, malware, device compromise, suspicious login or unauthorised instruction. We may reset credentials, block access, require identity checks and cooperate with providers or authorities.
21 Representations and continuing promises
Each time you use a service, you represent that:
- you have capacity and authority;
- information supplied is accurate and current;
- your use is lawful in every relevant jurisdiction;
- you act as principal unless we have approved another capacity;
- money and assets are lawfully owned or controlled and are not proceeds of crime;
- you are not subject to a restriction that prohibits the relationship or transaction;
- you understand the product and can bear the risk selected;
- instructions do not violate rights, market integrity or applicable law; and
- you will provide requested information and cooperate with lawful reviews.
You must notify us immediately if a representation becomes inaccurate.
22 Default events
An Event of Default may arise if:
- you fail to pay or maintain required margin;
- you materially breach the agreement or law;
- a representation is materially false or misleading;
- you become insolvent, bankrupt, dissolved or subject to relevant proceedings;
- an authority, sanctions rule or court action affects the relationship;
- we reasonably suspect fraud, financial crime, manipulation or unauthorised access;
- you die or lose capacity and no authorised arrangement is established;
- a guaranty, security or related arrangement fails; or
- action is reasonably required to protect the account, BARS 8, other clients or market integrity.
23 Action following default or risk event
Subject to law and proportionality, we may without prior notice:
- reject or cancel instructions;
- restrict access, products, payments or account activity;
- convert currency;
- close, reduce, combine or offset positions;
- realise collateral or apply cash;
- cancel unexecuted orders;
- withhold an amount reasonably connected to an investigation or obligation;
- correct records and recover amounts due;
- suspend or terminate services; and
- make a required report or disclosure.
Where we select the order or timing of close-out, we may consider liquidity, market risk, margin, operational feasibility and legal duties. We are not responsible for a loss solely because another sequence might later appear more favourable, except to the extent liability cannot lawfully be excluded.
24 Set-off, netting and recovery
To the extent permitted by law, we may combine accounts held in the same legal capacity, convert currencies at a reasonable prevailing rate, set off amounts owed between you and us and apply available credit toward due obligations.
On termination or close-out, amounts arising from relevant transactions may be valued and combined into a single net payable amount under [APPROVED CLOSE-OUT NETTING METHOD]. Counsel must confirm enforceability for the entity, products and client jurisdictions.
You must pay a due deficit within [PAYMENT PERIOD]. We may recover reasonable legal and collection costs where the agreement and law allow.
25 Liability
25.1 Non-excludable duties
Nothing in this agreement excludes or limits liability or a client right that cannot lawfully be excluded, including liability for fraud or any other category identified by applicable law.
25.2 Direct loss
Subject to clause 25.1, each party is responsible for direct loss caused by its breach, negligence or wilful misconduct to the extent established under applicable law.
25.3 Excluded categories
To the extent lawful, BARS 8 is not liable for indirect, incidental, special or consequential loss, or loss of business, opportunity, goodwill or anticipated profit, arising from a breach or event, except where such loss is a direct and reasonably foreseeable result that cannot be excluded.
25.4 External events and providers
We are not liable for failure caused by an event beyond reasonable control to the extent that we used the care, continuity measures and mitigation required by law and contract. Third-party responsibility is assessed according to our selection and oversight duties and any non-excludable liability.
25.5 Client responsibility
You are responsible for loss resulting from your breach, unlawful conduct, inaccurate information, insecure credentials or unauthorised tool use, subject to applicable rules on unauthorised transactions and contributory responsibility.
25.6 Liability cap
[COUNSEL TO DETERMINE WHETHER A CAP IS LAWFUL AND APPROPRIATE. DEFINE SCOPE, AMOUNT, EXCLUSIONS AND JURISDICTIONAL OVERRIDES.]
26 Indemnity
To the extent permitted by law, you will indemnify BARS 8 for reasonable direct losses, liabilities and costs arising from your material breach, unlawful instruction, fraud or infringement of third-party rights. The indemnity does not cover loss caused by BARS 8's fraud, negligence, wilful misconduct or breach, and it does not limit mandatory client protections.
27 Complaints
27.1 Submission
Send a complaint to [COMPLAINTS EMAIL AND POSTAL ADDRESS] with your name, account reference, relevant dates, transaction or case numbers, supporting evidence and the outcome sought. We will acknowledge it within [ACKNOWLEDGEMENT PERIOD].
27.2 Investigation
The complaints function will investigate fairly, avoid relevant conflicts, keep records and issue a response within [RESPONSE PERIOD] or explain the permitted reason and revised timing.
27.3 External escalation
If you remain dissatisfied and are eligible, you may refer the complaint to [OMBUDSMAN, REGULATOR, MEDIATOR OR COURT] within [TIME LIMIT]. Contact and eligibility information: [EXTERNAL DISPUTE DETAILS AND URL].
27.4 Trading and payment obligations
A complaint does not automatically suspend open positions, margin, payment or risk controls. We may agree an appropriate interim measure.
28 Privacy and confidentiality
We process personal data as described in the Privacy and Cookie Policy. You must read that policy and ensure any personal data you give about another person has been lawfully provided and accompanied by required information.
We keep client information confidential and disclose it where you consent, contract performance requires, a provider or professional adviser needs it under safeguards, law or an authority requires it, or another lawful ground applies.
29 Changes to the agreement
We may change the agreement for legal, regulatory, product, operational, security, cost or clarity reasons. We will give at least [STANDARD NOTICE PERIOD] through [NOTICE METHOD] for a material adverse change unless law or an urgent risk event requires earlier effect.
The notice will state the effective date and available response. Continued use after the effective date constitutes acceptance only where lawful. You may close positions, withdraw available funds and terminate before the change takes effect, subject to existing obligations.
30 Suspension and termination
30.1 Client termination
You may request termination through [TERMINATION CHANNEL]. Termination takes effect after positions are closed, pending transactions complete, amounts are paid, required investigations finish and funds are returned through an approved method.
30.2 BARS 8 termination
We may terminate on [ORDINARY NOTICE PERIOD] notice, or immediately where an Event of Default, legal duty, security concern, financial-crime risk, product withdrawal, residency restriction or other urgent ground applies.
30.3 Consequences
On termination, no new positions may be opened. We may cancel orders and require or perform close-out under this agreement. Accrued rights, fees, liabilities, records, confidentiality, privacy, dispute, set-off and other clauses intended to survive will continue.
30.4 Dormant accounts
An account may be treated as dormant after [DORMANCY PERIOD]. We may restrict access, request refreshed verification and apply a disclosed lawful inactivity fee. Unclaimed money is handled under [UNCLAIMED MONEY LAW AND PROCESS].
31 Assignment, transfer and outsourcing
You may not assign or transfer rights or obligations without our written consent. We may assign, novate or transfer the agreement or business to an appropriately authorised or eligible entity by giving required notice and preserving mandatory rights.
We may outsource functions while remaining responsible to the extent required by law. Providers are subject to due diligence, contractual controls and oversight.
32 General terms
32.1 Entire agreement
The contract documents constitute the agreement about their subject matter and supersede prior statements to the extent lawful. This does not exclude liability for fraudulent misrepresentation or a mandatory right.
32.2 No waiver
A delay or failure to exercise a right is not a waiver. A waiver must be clear and applies only to the stated circumstance.
32.3 Severability
If a provision is invalid or unenforceable, it will be interpreted or reduced to the minimum extent needed, and the remaining provisions continue where lawful.
32.4 Third-party rights
[STATE WHETHER ANY THIRD PARTY MAY ENFORCE A TERM AND IDENTIFY THE APPLICABLE STATUTE].
32.5 Relationship
The agreement does not create employment, partnership, joint venture, fiduciary or agency status beyond any duty imposed by law or expressly accepted in writing.
32.6 Headings
Headings support navigation and do not change interpretation.
33 Governing law and jurisdiction
This agreement and non-contractual obligations are governed by [GOVERNING LAW]. Subject to mandatory consumer or regulatory rights, [COURTS OR ARBITRATION FORUM] has [EXCLUSIVE OR NON-EXCLUSIVE] jurisdiction.
If arbitration is selected, the final clause must state the rules, seat, language, number of arbitrators, appointment method, interim-relief rights, costs and relationship with mandatory complaint mechanisms.
34 Contact details
Client support: support@thebars8.com, +995 706 070 396
Complaints: [COMPLAINTS EMAIL AND POSTAL ADDRESS]
Legal notices to BARS 8: [LEGAL NOTICE ADDRESS]
Website: [OFFICIAL WEBSITE URL]
Client portal: [OFFICIAL CLIENT PORTAL URL]
35 Client acknowledgements
By accepting this agreement, you acknowledge that:
- you received the contract documents in a durable form or can download and retain them;
- you had an opportunity to read them and ask questions;
- leveraged products can cause rapid and substantial losses;
- stop orders and platform controls cannot guarantee a loss limit;
- past, hypothetical and copied performance do not predict future results;
- you are responsible for your instructions, account security and ongoing monitoring;
- product, leverage, margin, spread, fee and session terms can change under the agreement;
- you will provide accurate information and cooperate with verification;
- the privacy policy explains relevant data processing; and
- you accept any separately captured consents required for the selected services.
Schedule 1 Account specification fields
Field
Approved value or source
Account types
[APPROVED ACCOUNT TYPES]
Base currencies
[APPROVED BASE CURRENCIES]
Minimum funding
[MINIMUM BY ACCOUNT]
Maximum leverage
[MAXIMUM BY PRODUCT AND CLIENT]
Margin method
[MARGIN METHOD]
Margin-call indicator
[MARGIN CALL LEVEL OR EXPLANATION]
Stop-out level
[STOP-OUT LEVEL AND SEQUENCE]
Negative-balance treatment
[APPROVED TREATMENT]
Spread model
[VARIABLE, FIXED OR HYBRID]
Commission
[COMMISSION SCHEDULE]
Financing
[SWAP OR FINANCING METHOD]
Inactivity
[FEE AND TRIGGER]
Trading platform
[APPROVED PLATFORM AND VERSIONS]
Products
[APPROVED PRODUCT GROUPS]
Restricted jurisdictions
[RESTRICTED JURISDICTIONS]
Schedule 2 Service-specific documents
- Copy Trading Terms: [URL AND VERSION]
- PAMM Investor Terms: [URL AND VERSION]
- PAMM Manager Agreement: [URL AND VERSION]
- Partner Terms: [URL AND VERSION]
- Product Specifications: [URL AND VERSION]
- Fee Schedule: [URL AND VERSION]
- Conflicts Summary: [URL AND VERSION]
- Complaints Procedure: [URL AND VERSION]
Next step
Read the terms before you trade
The Client Agreement, Risk Disclosure and account schedule together set out the costs, controls and potential loss attached to leveraged products.
Trading involves risk. Your capital is at risk.