Electronic Signature (eSignature): You consent and agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action while using any electronic service we offer; or in accessing or making any transactions regarding any document, agreement, acknowledgement, consent, term, disclosure, or condition constitutes your signature, acceptance and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third party verification is necessary to validate your electronic signature; and that the lack of such certification or third party verification will not in any way affect the enforce-ability of your signature or resulting contract between you and Hamilton and Jacobs. You understand and agree that your eSignature executed in conjunction with the electronic submission of your application will be legally binding and such transaction will be considered authorized by you.
Terms & Conditions
Please read our terms and conditions carefully before entering into any agreement.
Agreement: In consideration of Hamilton and Jacobs acting as broker and accepting one or more accounts to trade in the commodities, futures, options on futures, foreign exchange, exchange-for-physicals, over-the-counter or other markets for the undersigned (“Client”), it is agreed with respect to all accounts, whether upon margin or otherwise, which the Client now has or may at any future time have with Hamilton and Jacobs, including accounts from time to time closed and then reopened, as follows:
1. Classifications: Hamilton and Jacobs is your Introducing Broker. Hamilton and Jacobs will introduce your account to a clearing firm of mutual choosing. Hamilton and Jacobs is responsible for accepting Client’s orders and executing transactions, for receipt, delivery and safeguarding of Client’s funds and property and for maintaining books and records concerning Client’s account. As Client’s Introducing Broker, Hamilton and Jacobs is responsible for opening and servicing Client’s account, communicating with Client on almost all matters concerning Client’s account and in some cases accepting and transmitting orders for Client’s account.
2. Commission and Fees: Client agrees to pay a commission, spread and/or mark-up on each transaction and in some cases fees (collectively, “commission”) for Client’s trading account. A portion of that commission goes to pay AES for its services and risk in carrying Client’s account and a portion goes to pay Hamilton and Jacobs for its services and risk in servicing Client’s account. The amount that Client pays for commissions will be determined (negotiated) between Hamilton and Jacobs and Client and will reflect the amount of personalized service that Client may need and the risk associated with Client’s account. From time to time Client’s commission may be changed or renegotiated but not without Client’s prior notification.
3. Fees: All accounts will be considered “dormant” until activated and funded. Until an account trades there is no commission charges or management fees. An account that is dormant does not have a maintenance charge associated with it. Any change to the structure of the fees or commission will only take place after prior notification to the client.
4. AES Client Agreement: All applicable portions of the accompanying AES’s Client Agreement between Client and AES, including but not limited to the Arbitration agreement, shall also be a part of this agreement between Client and Hamilton and Jacobs by this reference, except that where AES’s name appears in those paragraphs it shall mean “Hamilton and Jacobs” for the purposes of this agreement. Notwithstanding, Hamilton and Jacobs shall have no obligation under the Client Agreement which contradicts Hamilton and Jacobs legal or regulatory status or requirements as a registered Introducing Broker. Client agrees that Hamilton and Jacobs is a beneficiary of all agreements between Client and AES.
5. Software: Hamilton and Jacobs and AES shall have no liability, responsibility or obligation whatsoever, directly, indirectly, contingently or consequentially, for any mistakes, losses, costs or expenses relating to Client’s use of “Software” in trading. For these purposes, “Software” includes, but is not limited to, any or all of the following:
(a) Trading online via the internet
(b) Trading utilizing any computer hardware, software, platforms, etc., subscribed to or purchased by Client either through Hamilton and Jacobs, or AES or otherwise.
(c) Trading signals or directives derived upon by research and/or commentary electronically delivered to Client either through Hamilton and Jacobs, or AES or otherwise.
Client expressly confirms, acknowledges and agrees that neither Hamilton and Jacobs nor AES has any liability whatsoever for Client’s use or misuse of any Software or in the failure of any such Software to function or operate as advertised or represented or as Client believes it should.
Client expressly further acknowledges and confirms that Hamilton and Jacobs usual and customary business is not developing nor providing Software and that Client also agrees never to attempt to hold Hamilton and Jacobs or AES liable for any failures, uses or misuses thereof in respect of transactions for Client’s account.
Client hereby releases Hamilton and Jacobs and AES from any and all liability to Client or to anyone claiming on Client’s behalf with respect to any damages or losses of any kind or nature whatsoever, including lost profits, sustained or alleged to be sustained as a result of the failure, use or misuse of Software.
Client is aware that both Hamilton and Jacobs rely upon each and every acknowledgement, representation and agreement contained above in determining to start and/or continue to maintain Client’s account. Client further acknowledges and confirms that Client has received, read and fully understands all of the foregoing.