CUSTOMER TRADING AGREEMENT

No /

The present Agreement was entered into by and between:

Deltastock AD, an authorised investment firm, having its registered address in Sofia, 6 Korab Planina St, Unified Company Code 128042807, represented by Ms Borislava Ivanova Ignatova, in her capacity of Executive Director, and Mr Petar Dimitrov Petrov, in his capacity of Executive Director, and, hereinafter referred to as Deltastock

And

• Full name:   
• Date of Birth:
• Place of Birth: ,
• Nationality:
• Passport/ID#:
• Issue Date:
• Address:
• ZIP code:
• City:
• Country:

Hereinafter referred to as the Client

Deltastock and the Client hereinafter referred to as the Parties,

The PARTIES hereby agree as follows:

• 1. The Client and Deltastock agree, against the remuneration specified in the Tariff of Interest Rates, Fees and Commissions of Deltastock (the Tariff) and at prices quoted by Deltastock, to enter into Trades in Contracts for Differences (CFDs) on an Over-the-Counter, or OTC, market by paying a Margin amount, subject to the provisions of the General Terms of Business Applicable to the Agreements for Trading in CFDs of Deltastock (the General Terms).
• 2. Words and phrases beginning with a capital letter and used in this Agreement have the respective meaning given to them in the General Terms, irrespective of whether used in the singular or the plural form.
• 3. Deltastock offers to its Clients the following types of CFDs:
• a) CFDs on Securities and Exchange Traded Funds;
• b) CFDs on Indices;
• c) CFDs on Futures;
• d) CFDs on Currency Pairs
• e) CFDs on Precious Metals;
• f) CFDs on other Assets.
• 4. By signing the Agreement, the Client and Deltastock accept the following as an explicit condition for all CFD Trades:
• a) neither party acquires in stock the CFD’s underlying asset;
• b) neither party is obliged to purchase or sell, deliver or receive in stock the respective CFD’s underlying asset;
• c) the rights and obligations of each of the parties to the CFD are solely to make or receive payments according to the order submitted, with the results of the order execution being reflected, respectively, in their positions in financial instruments and/or cash funds in the Client’s analytical accounts purposely opened with Deltastock;
• d) CFDs are not transferrable securities and are not held in a depository institution but in analytical accounts with the investment intermediary;
• e) CFD Trades are not subject to centralised clearing.
• 5. Under this agreement, Deltastock provides Clients with the opportunity to enter into Trades in CFDs on an OTC market through the following trading accounts:
• a) trading account on Margin through the electronic trading platform Delta Tradingтм;
• b) trading account on Margin through the electronic trading platform Deltastock MetaTrader 5;
• 6. Under this Agreement and its applicable General Terms, Deltastock does not offer to its Clients trading in financial instruments other than CFDs on a market other than the OTC market.
• 7. With regard to trading in the above-mentioned CFDs, which is carried out on an OTC market, Deltastock is the single venue of execution of the Orders and acts as a principal to each Trade (and not as an agent or broker).
• 8. Deltastock does not execute Client Orders outside the execution venue specified above.
• 9. The Client agrees that Deltastock shall not execute their Orders in the cases where the Client has given a specific instruction for the Trade to be concluded on an execution venue other than Deltastock.
• 10. Client Orders are executed through the Electronic Platforms for trading in financial instruments offered by Deltastock, at prices quoted by Deltastock, with Deltastock acting as counterparty to each Client Trade. All Client Orders for trading in CFDs are executed against Deltastock's own liquidity. Deltastock does not transfer (rotate, direct, send) Client Orders to another execution venue.
• 11. Deltastock does not execute Client Orders grouped together (aggregated) with an Order by another Client or a Trade on own account, in the case of Orders for trading in CFDs of an OTC market, as in this case Deltastock is the only venue of execution of the Orders and acts is a counterparty to each Trade.
• 12. Deltastock notifies the Client in advance that by signing the Agreement, the parties agree that Client Orders will be executed outside of the trading venue (regulated market, multilateral trading system, and organised trading system).
• 13. Deltastock warns that any specific instructions by the Client may prevent the investment intermediary from taking the measures envisaged and applied under the Policy for Execution of Client Orders Applicable to the Agreements for Trading in CFDs of Deltastock, in order to achieve the best possible results in the execution of these Orders, with respect of the items covered by these instructions.
• 14. The interests, fees, commissions and other payments due under this Agreement are set out in the Tariff and/or are specified on the investment intermediary’s Website.
• 15. The Client may deposit and withdraw funds from their account only via payment methods specified on the Website.
• 16. By signing the Agreement, the Client declares that all incoming and outgoing payments to and from the trading account which was opened in their name with Deltastock will be made from sources whose legal holder is the Client.
• 17. Deltastock will not accept and execute payments from third parties, namely:
• a) deposits to the Client’s trading account, if the person or legal entity sending the funds does not coincide with the holder of the Agreement with Deltastock;
• b) withdrawals from the Client’s trading account, if the person or legal entity receiving the funds does not coincide with the holder of the Agreement with Deltastock.
• 18. The minimum amount required for opening a live trading account is set out in the Tariff. The account is operated in the currency specified in the Appendix to the Agreement (the Appendix).
• 19. Under a single Agreement, the Client can open only one trading account, in only one currency, in only one Electronic Trading Platform, through which they will use the Services provided by Deltastock.
• 20. The Client can choose the Electronic Trading Platform they wish to use for trading by declaring their choice in the Appendix
• 21. If the Client wishes to open more than one trading account in the same currency, or in different currencies, or to use more than one Electronic Trading Platform, they must enter into separate agreements with Deltastock for each account.
• 22. By signing the Agreement, the Client declares that they are informed and agree that:
• a) it is possible that the instruments offered in the Electronic Trading Platform Delta Trading™ may differ from those offered in the Electronic Trading Platform Deltastock MetaTrader 5;
• b) it is possible that the trading conditions of the same instrument offered in the two trading platforms are different.
• c) it is possible that the trading hours for concluding deals in the same instrument offered in both Electronic Trading Platforms are different;
• d) Deltastock has the right to change the minimum order size for CFDs on securities and exchange traded funds, traded on the Electronic Trading Platform MetaTrader 5, as a whole and separately, for the different CFDs on securities and exchange traded funds, by notifying the Client in advance via email or through the Electronic Trading Platform, if they have open positions on the respective instrument, and sets the deadline when the change enters into force.
• e) Up-to-date information on the instruments offered for trading in the Electronic Trading Platforms, their trading conditions and trading hours, are available on the Website.
• 23. When placing Orders, the Client may use Scripts only in Deltastock MetaTrader 5.
• 24. Deltastock shall execute Orders placed by the Client via a Script as they are received. Deltastock shall not bear any responsibility for the manner in which the Order was placed by the Client via a Script/Expert Advisors.
• 25. Any Trade is executed only after the Client or their Representative has placed an Order, which is on the Client’s account and at their own risk. Deltastock shall not bear any responsibility for the results of the Client’s investment decisions when a Trade has been executed in accordance with the terms of this Agreement.
• 26. The Client shall place Orders only in the manner specified in the General Terms.
• 27. The Minimum Order Quantities/Sizes for entering into Trades are specified on Deltastock’s Website.
• 28. Deltastock has the right to execute partially or cancel an Order placed by the Client if at the time of execution there has been insufficient liquidity on the respective market on which the underlying asset is traded.
• By signing the agreement, the Client explicitly and unconditionally agrees that they have no right to contest the price levels of the Deals at the partial execution of the Order by Deltastock.
• 29. Deltastock is under no obligation to quote prices for a certain financial instrument or accept Orders for entering into Trades, in the following cases:
• a) the respective market where the underlying asset is traded is closed for trading;
• b) trading in Currency Pairs, Precious Metals, Futures, Indices, Securities, Exchange Traded Funds and other assets, and/or CFDs has been suspended for any reason, whatsoever;
• c) there are Force Majeure events which prevent trading in Currency Pairs, Precious Metals, Futures, Indices, Securities, Exchange Traded Funds and other assets, and/or CFDs for a certain period of time;
• d) Orders are placed outside the Trading Hours of Deltastock;
• e) in case of other circumstances specified in the General Terms or circumstances which make the provision of quotes by Deltastock impossible or economically impracticable.
• 30. The Client is entitled to receive quotes and submit Orders only during the Trading Hours, as specified in the General Terms and on the Website.
• 31. The types of Orders which the Client may submit as well as the manner of their execution are defined in the General Terms.
• 32. Deltastock reserves the right, at its own discretion, to set limits in relation to:
• a) the submission and/or the execution of Client Orders (including limits on their volume), and/or
• b) the opening of new Positions (including limits on the Positions Value) within the Business Day.
• 33. The Limits under Art. 32 may be placed, altered, added or removed without prior notification to the Client.
• 34. Deltastock reserves the right:
• a) if the Client has submitted an Order which exceeds the predefined limits, to contact the Client through the Electronic Trading Platform or by other appropriate means and require further confirmation by the Client of the parameters of the Order. Deltastock reserves the right not to confirm an Order and/or not to proceed with its execution until it has received a confirmation from the Client.
• b) if the Client has exceeded the predefined limits:
• b.1) to temporarily restrict the possibility of the Client to submit new Orders and/or to open new Positions, and/or
• b.2) to cancel executed Trades and/or partially or fully close existing Positions.
• 35. The Client shall be informed of the occurrence of the circumstances under Art. 34 through the Electronic Trading Platform and/or their specified email address.
• 36. The Parties hereby agree and accept that the exceeded limits as well as the reasons for surpassing those limits will not be subject to proof in the case of a dispute on the interpretation and/or application of the Agreement, and any such dispute will be settled between the parties by mutual agreement or by the competent court. Any such circumstances relates to the market’s high dynamics, the relationship of Deltastock with third-party counterparties, the current status of the trade lines, the occurrence of events which cannot be reasonably foreseen, and any other reasons whatsoever not stipulated in this article.
  The rights under this provision do not waive Deltastock’s rights under Art. 5.26 of the General Terms.
• 37. In case Deltastock establishes that the Client hinders the normal operation of Deltastock’s servers by means of generating a large number of Orders and/or other messages, or attempts to cause other harms, Deltastock reserves the right to:
• a) temporarily restrict the Client’s ability to submit new Orders and/or open new Positions, and/or
• b) restrict the Client’s usage of Scripts. The rights under this provision do not waive Deltastock’s rights under Art. 5.26, Art. 11.4 and Art. 11.4a of the General Terms.
• 38. The Client declares that they are familiar with and accept the following circumstances related to the implementation of this Agreement:
• a) the execution and/or failure of execution of all types of Orders depends on the current liquidity of the market where the respective CFD’s underlying assets are traded. Liquidity is determined by the current volume of offers to buy (respectively sell) which create the possibility of a Trade to be made; the former is a market state which varies greatly in time. Sometimes Trades are carried out with assets traded entirely on an OTC market, and their current liquidity depends entirely on banks, brokers and/or market makers which are counterparties of Deltastock; in such cases these counterparties do not provide information, nor keep any record of the current volumes which they would conclude a Trade on;
• b) information (including historical data) about the current liquidity cannot be saved and/or found and is not stored anywhere, and for this reason the parties agree and accept that this information will not be subject to proof in the course of disputes for interpretation and/or application of this Agreement, which are settled between the parties by mutual agreement or by the competent court.
• 39. The trading Margin for the different types of assets is determined in accordance with the limits and volumes specified on Deltastock’s Website.
• 40. The Margin requirement may be different depending on whether the Client is categorised as a Professional Client, Retail Client, or Eligible Counterparty.
• 41. The Client is required to comply with the prohibitions and/or limitations related to the Margin amount imposed by their national legislation, if any.
• 42. By signing the Agreement, the Client confirms that they understand the General Terms and agrees to be legally bound by them.
• 43. By signing this Agreement, the Client explicitly declares that:
• a) they have read and accept:
• a.1) the General Terms of Business Applicable to the Agreements for Trading in CFDs of Deltastock, dated 16 May, 2018 and effective from 30 July, 2018; they have been amended at a meeting of Deltastock’s Management Board on 17 July, 2020, 4 January, 2021, 22 June, 2021, 22 November, 2021 and 27 January, 2022, where the latest amendments are effective from 28 January, 2022.
• a.2) the Tariff of Interest Rates, Fees and Commissions of Deltastock, adopted by Protocol of at a meeting of Deltastock’s Management Board on 27 July, 2018 and effective from 30 July, 2018; it has been amended at meetings of Deltastock’s Management Board on 27 September, 2019, 28 January, 2020, 17 July, 2020, 17 November, 2020, 20 April, 2021, 27 May, 2021, 22 June, 2021, 30 August, 2021, 22 November, 2021 and 27 January, 2022, where the latest amendments are effective from 28 January, 2022.
• a.3) the Policy for Execution of Client Orders Applicable to the Agreements for Trading in CFDs of Deltastock, adopted at a meeting of Deltastock’s Management Board on 16 May, 2018 and effective from 22 June, 2018, amended on 03 February, 2020, 22 November, 2021 and 27 January, 2022, where the latest amendments are effective from 28 January, 2022.
• a.4) the Conflicts of Interest Policy of Deltastock, adopted at a meeting of Deltastock’s Management Board on 16 May 2018 and effective from the same date, amended on 03 February, 2020 and 19 November, 2021 and effective from 1 December, 2021.
• a.5) the Client Categorisation Rules of Deltastock, adopted at a meeting of Deltastock’s Management Board on 16 May, 2018 and effective from the same date, amended on 03 February, 2020 and 17 July, 2020, where the last amended is effective from 03 August, 2020.
• a.6) the Client Complaints Management Rules of Deltastock, adopted at a meeting of Deltastock’s Management Board on 16 May, 2018 and effective from the same date, amended on 27 January, 2022, where the latest amendments are effective from 28 January, 2022.
• a.7) the Information regarding the investment intermediary Deltastock and its services as intended for clients and potential clients, adopted at a meeting of Deltastock’s Management Board on 16 May, 2018, amended on 26 November, 2019, 03 February, 2020, 17 July, 2020 and 04 January, 2021, 22 June, 2021, 22 November, 2021 and 27 January, 2022, where the latest amendments are effective from 28 January, 2022.
• a.8) the Information regarding the financial instruments subject to the investment services carried out by Deltastock and the risks involved, adopted at a meeting of Deltastock’s Management Board on 16 May, 2018 and effective from the same date; it has been amended at a meeting of Deltastock’s Management Board on 17 July, 2020, 17 November, 2020, 22 June, 2021, 22 November, 2021 and 27 January, 2022, where the latest amendments are effective from 28 January, 2022.
• a.9) the Information regarding the costs and charges incurred by clients of Deltastock trading in CFDs on the OTC market, adopted at a meeting of Deltastock’s Management Board on 25 September, 2018, effective from 28 November, 2018 and amended and at meetings of Deltastock’s Management Board on 02 February, 2020, 03 April, 2020, 17 July, 2020, 22 June, 2021, 22 November, 2021 and 27 January, 2022, where the latest amendments are effective from 28 January, 2022.
• a.10) the Information regarding safeguarding of the financial instruments and funds of Deltastock’s clients trading contracts for difference on an OTC market, adopted at a meeting of Deltastock’s Management Board on 16 May, 2018 and effective from the same date, amended on 03 February, 2020 and effective from 17 February, 2020.
• b) they give their explicit consent to be duly acquainted with all updated versions of the documents under item (a) above through Deltastock’s Website, where their up-to-date versions are available;
• c) they are aware of their right to refer to Deltastock AD reasonable and proportionate requests for information on the policies and rules under item (a) above;
• d) they explicitly agree that the Agreement, General Terms, and all documents applicable to them, as well as their subsequent issues, shall be provided to the Client in Bulgarian language and in English language only, and that they shall use the documents under item (a) above in one of the two languages (English and/or Bulgarian) and shall not request translations in other languages;
• e) they understand and agree that Deltastock does not provide any investment advice to the Client under this Agreement and that the Client submits Orders at their own discretion and initiative. When Deltastock provides the Client with information on the current situation of the different markets, it has to be considered by the Client only as information relating to the respective assets. The provision of any such service is for convenience and information purposes only; therefore it could not be deemed as a recommendation for entering into or not entering into a Trade;
• f) they are aware that all Trades in CFDs are related to assets traded on different trading venues and/or execution venues, and as such, the execution of those Trades will be affected by the rules of the underlying asset’s respective market. Deltastock shall not be held liable for any potential losses or damages incurred by the Client as a result of administrative or other change in the Market Rules of the respective exchange, clearing house, market maker and/or bank, where the respective underlying assets are traded, and which change could have an impact on the asset (CFD) quoted by Deltastock;
• g) they are aware of the risks involved in investments in CFDs based on Securities, Exchange Traded Funds, Indices, Futures, Currency Pairs, Precious Metals, and other Assets;
• h) they give their explicit consent in principle that all their Orders will be executed outside of a trading venue;
• i) they give their explicit consent in principle to the processing of their the personal data, including the data additionally collected by Deltastock in the process of concluding and implementing the Agreement;
• j) they give their explicit consent in principle that Deltastock may conduct a verification of the personal data provided by the Client, through independent sources, in compliance with all of the requirements of the Applicable Law;
• k) they give their explicit consent that Deltastock may disclose their personal data to banks and other credit and financial institutions, which are authorised by the competent authority of their domicile, including to such entities which are established outside the European Union and the European Economic Area, provided that such disclosure is necessary for the purposes of implementing the Agreement and is in compliance with the Applicable Law. They also give their explicit consent that Deltastock may disclose their personal data to its tied agents, as well as to its service providers only when necessary: for the purpose of providing the agreed services for trading in financial instruments; and/or when assigning critical and important operative functions; and/or for the purpose of implementing the Agreement, where this disclosure and is in compliance with the Applicable Law;
• l) they give their explicit consent in principle that Deltastock may disclose their personal data for the purposes and objectives of the Automatic Exchange of Financial Information in the Field of Taxation, under the terms and to the entities referred to in TSSPC, for the purposes of reporting under MiFIR and EMIR, and for the purposes the tax legislation in Bulgaria, USA, and Sweden;
• m) they give their explicit consent in principle that Deltastock will provide them with information through its Website – www.deltastock.com;
• n) they explicitly prefer the durable medium used to be in the form of electronic messages and electronic documents and scanned documents sent to the email address provided by the Client;
• o) they explicitly prefer the provision of information to be carried out through the Website or the Electronic Trading Platform;
• p) they are notified by electronic means about the Website address and the exact section of the Website where the relevant information may be found;
• q) they are aware of and agree that information about volumes, highest and lowest quotes, etc. in the Electronic Trading Platform, as well as the quotes visualised in the Charts module, are indicative only and may contain errors and inaccuracies, and that Deltastock does not guarantee that Orders will be executed, or not executed, at the prices specified in this information;
• r) they are aware of and agree that the information Deltastock provides to Clients through the Website and/or Electronic Trading Platforms regarding the main characteristics and features of certain financial instruments or Services, as well as when the company provides statistical data or information regarding the current status of different financial instruments and/or markets, that this information or data is indicative only and that Deltastock does not guarantee that Orders will be executed, or not executed, at the prices specified in this information;
• s) they are aware of and agree that the information in the Charts module in Deltastock MetaTrader 5 is displayed only taking into account the “Sell” price. Deltastock does not guarantee that Orders will be executed, or not executed, at the prices specified in this information;
• t) they have familiarised themselves in a timely manner through the Website (www.deltastock.com) with the Key Information Documents (KIDs) of the financial instruments offered by Deltastock, which fall within the scope of the definition of “packaged retail and investment products” as defined in Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs);
• u) they are informed that upon their request, Deltastock shall provide KIDs on paper or other durable medium;
• v) they give their explicit consent that all subsequent KIDs and/or the changes to the already available KIDs shall be provided to them through the Website (www.deltastock.com);
• w) they have received the information which Deltastock is obligated to provide in accordance with Commission Delegated Regulation (EU) 2017/565 of 25 April 2016 supplementing Directive 2014/65/EU of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive, the Markets in Financial Instruments Act (MiFIA), and Ordinance No 38 of the FSC on the requirements to the activities of investment intermediaries, as far as it is required, as well as other information specified in the General Terms and/or available on the Website, and that they have received a notification sent by electronic means about the Website address and the page on which the respective information is displayed;
• x) Shall not place Orders and conclude Deals which could represent abuse of insider information and or manipulation of the market within the meaning of Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC;
• y) they wish to use the email address provided in the Appendix as an information distribution method;
• z) the information provided by them, which is necessary for performing an assessment of appropriateness by Deltastock, in the process of completing the account opening request is accurate and up-to-date.
• 44. By signing the Agreement, the Client agrees that:
• a) prior to entering into an Agreement between them and Deltastock, they cannot enter into Trades and use the Services provided by the investment intermediary;
• b) Deltastock cannot execute Orders on the Client’s account if they have not agreed in advance to the Policy for Execution of Client Orders Applicable to the Agreements for Trading in CFDs of Deltastock, respectively to its subsequent amendments;
• c) irrespective of Deltastock’s assessment of appropriateness of whether the requested service is suitable for them, the Client should carry out their own careful assessment of whether the services provided by Deltastock are suitable for them and whether they should benefit from them;
• d) Deltastock may deposit their funds in the persons under Art. 93, Para. 3 of MiFIA, even in the cases where Deltastock is related thereto;
• e) Deltastock may not dispose with Client funds on own account;
• f) in compliance with the Applicable Law, all conversations and messages related to reception, transfer, and execution of Client Orders are recorded and archived by Deltastock for the purposes of ensuring the reliability and security of the provided information, and subsequently listened to in the event of discrepancies and disputes between the parties to the Agreement;
• g) the recordings of the conversations and the electronic messages, made under and for the purposes of the General Terms, may be used as evidence;
• h) they give their unconditional consent that their account with Deltastock will be directly credited and debited with all positive and negative price differences resulting from Orders submitted by the Client or by their Representative, and from Trades concluded, respectively executed, on the Client’s behalf and risk;
• i) Deltastock is entitled to, at its own discretion, suspend from trading or add new financial instruments. In the cases when trading is suspended, Deltastock has the right to close all existing positions at the market closing positions for the respective day of suspension, by sending a written or electronic notice in advance.
• j) in cases where Deltastock, at its own discretion, suspends a financial instrument from trading, the investment intermediary is entitled to close all existing Positions at the Market Closing Prices for the day of suspension of the respective financial instrument and/or cancel all confirmed Orders;
• k) they give their unconditional consent to the price levels of the Trades for closing the Client’s positions by Deltastock, in the cases where the investment intermediary closes partially or fully the Client’s open positions at the Current Market Prices, when the deficiency in the current account balance (free funds) in the Client's account reaches the minimum Margin requirement levels indicated on the Website;
• l) they give their unconditional consent that the Client is not entitled to contest the price levels of the Trades for closing the Client’s position by Deltastock, in the cases provided for in the General terms, in the cases where the investment intermediary closes partially or fully the Client’s open positions;
• m) Deltastock shall not send a request for immediate replenishment of the deficient amount (margin call) to the Client’s email address, and the notifications the Client may receive about their account status are purely informative in nature and may at any time be discontinued by Deltastock without prior notice;
• n) the amount of funds in the Client’s accounts opened with Deltastock may be different from the initially deposited amount and shall fully correspond to the results from their activities;
• o) the receiving of quotes may sometimes be impossible during the first 15 (fifteen) minutes after the beginning of the Trading Hours or during volatility and lack of sufficient liquidity the spread between the “Buy” and “Sell” prices may be relatively wider that the usually quoted one;
• p) in cases of sudden fluctuations in market quotes, including during opening or closing of the respective markets, limit, OCO, conditional, or stop Orders placed by the client may be executed by Deltastock at prices that differ significantly from those indicated in the Orders;
• q) Deltastock is entitled to, at its own discretion, consider a Professional Client as a Retail Client, or to consider an Eligible Counterparty as a Professional or Retail Client, and Deltastock is entitled to undertake, at any time and on its own initiative, a change of categorisation, which results in a higher level of protection, in which case Deltastock shall send a motivated notice in writing to the Client;
• r) they understand and accept the manner in which all Order types specified in Art. 8.7.1 of the General Terms are placed and executed;
• s) in the cases under Art. 8.7 of the General Terms, as well as with any other Order types, a submitted or confirmed Order by them may be:
• s.1) cancelled;
• s.2) executed at a price different from that specified in the Order;
• s.3) delayed;
• s.4) partially executed;
• s.5) partially executed at a different price;
• s.6) not executed at all.
• t) in the cases under item (s) above, Deltastock will not bear liability for any damages incurred by the Client;
• u) they are acquainted in advance with the minimum hardware and software requirements, available on the Website, necessary for the functioning of each of the applications of the Electronic Trading Platforms: Delta Trading Desktop; Delta Trading Web (DTWeb); Delta Trading Mobile (DTMobile); Deltastock MetaTrader 5; and Deltastock MetaTrader 5 Mobile;
• v) they will stay informed of the minimum hardware and software requirements for all new versions of the applications mentioned in item (u) above;
• w) Deltastock will not assume any liability (including financial) if the Client has suffered damages due to inappropriate use of the Electronic Trading Platforms in conjunction with software and/or hardware that does not meet the minimum requirements listed on the Website;
• 45. By signing the Agreement, the Client is deemed informed and agrees that
• a) their Orders will be executed on an OTC market at prices quoted by Deltastock;
• b) in the cases under Art. 5.17 of the General Terms, Deltastock is entitled:
• b.1) to offset the Client’s funds against financial liabilities of the Client towards Deltastock, including the amounts blocked as collateral for financial instruments;
• b.2) call upon the Client, by way of notice, to meet their obligations within a reasonable period of time, during which the Client will deposit the outstanding amount to their account or will place an Order for closing part or all of their current Positions. The notice shall advise the Client of the right which Deltastock is entitled to under item (b3) below;
• b.3) upon failure by the Client to pay their liabilities, including within the additionally provided period of time under item (b3) above, Deltastock shall be considered to be implicitly authorised by the Client to close part or all of their Positions at its sole discretion;
• b.4) if the liabilities of the Client towards Deltastock and the amounts held in their accounts are in different currencies, Deltastock may convert such amounts at the Current Market Prices for the purposes of offsetting;
• c) they are liable for any taxes and/or other tax liabilities which may arise in relation to a Trade and/or Services provided by Deltastock, and also in the event where Deltastock pays any taxes or fulfills other tax liabilities on the Client’s behalf, the latter reimburses and indemnifies Deltastock;
• d) that Order cancellation requires certain technological time and that the execution of the Order placed earlier may take place before the execution of the cancellation Order, in which case the Client shall bear all the risks of adverse consequences;
• e) Deltastock does not provide advice to Clients in relation to regulatory, legal and or tax issues;
• f) due the fact that Deltastock executes Orders for trading in CFDs outside of a trading venue, namely on an OTC market, this could lead to the following risks:
• f.1) Deltastock is an execution venue and counterparty to each Trade, and therefore the Client’s trading opportunities are limited to the availability of own liquidity of Deltastock;
• f.2) the trading prices are determined (quoted) by Deltastock, and not by the counter interest of another Client;
• f.3) there is a potential conflict of interest as Deltastock profits from the trading volumes realised by the Client, with possible cases where he investment intermediary realises profit in situations where the Client loses funds;
• f.4) the instruments offered for trading are not transferable and the Client cannot transfer them to another investment intermediary or to another trading venue;
• f.5) the trading rules that apply on the OTC market are different from the trading rules that apply on the trading venue;
• g) during Extended Hours Trading, there may arise additional risks, which are not mentioned in item (f) above but specified in the General Terms;
• h) they should promptly notify Deltastock upon any changes to the personal data used to identify the Client or used to perform the Client’s categorisation as the respective type of Client;
• 46. By signing the Agreement, the Client affirms all declarations and declares their consent wherever applicable under the General Terms, for the cases not mentioned above.
• 47. The Agreement concluded between Deltastock and the Client may be amended and supplemented by virtue of express written consent by the parties in the form of an additional agreement, except in the cases under Art. 48, Art. 49, and Art. 50 of this Agreement.
• 48. In cases where the Client wishes to change their initially specified account details, as stipulated in the Appendix, they should fill in and submit by electronic means the special Application for Amendment of Account Details, which can be found on Deltastock’s website. In such a case, it is not necessary to expressly sign an additional agreement between the Parties. The deadline for implementing the change is up to one business day after the relevant condition laid down in Art. 49 of the Agreement has been met.
• 49. Without the need to sign a new Agreement, the Client holding an existing account, is entitled only to deactivate a Script and/or MT5 Expert Advisors in Deltastock MetaTrader 5, as well as to activate them again after the deactivation, where the change takes effect within one business day after receiving an e-mail request in free text by the Client.
• 50. The General Terms may be amended in the manner specified in them without the need of an additional written agreement explicitly signed by and between the parties.
• 51. The documents under Art. 43, items (a2) to (a.10) of this Agreement may be amended in the manner specified in the General Terms without the need of an additional written agreement explicitly signed by and between the parties.
• 52. The Agreement shall be terminated in the order and manner specified in the General Terms.
• 53. With regard to the rights, obligations, and responsibilities of the parties, as well as to the nature and characteristics of the services provided under this Agreement, as well as to any issues not explicitly dealt with by this Agreement, the General Terms, in their respective applicable version, shall apply.
• 54. When the Client is a physical person acting outside the framework of their business or professional activities and the Agreement has been entered into in one of the following ways:
• a) remotely without physical presence, by electronic statement, electronic document or an electronic signature or
• b) remotely without physical presence, by exchange of the necessary documents signed by the parties, as in this case the Client shall sign the necessary documents in the presence of a notary who certifies this circumstance,
  then with respect to the Agreement, the Distance Marketing of Financial Services Act (DMFSA) will also be applicable. The Act transposes the Directive 2002/65/EC of the European Parliament and of the Council concerning the distance marketing of consumer financial services into the Bulgarian legislation.
  By signing the Agreement, the Client declares that they give their preliminary consent under Art 17, para. 1 of DMFSA to Deltastock to use means for remote communication.
  By signing the Agreement, the Client declares that they give their express consent for the performance of the Agreement to start before the expiration of the period for exercising the right of withdrawal under Art. 12.1.3 of hte General terms, where with this agreement they do not lose their right of withdrawal from the Agreement.
  Deltastock carries out its obligations under Chapter 3 of DMFSA through the documents in Art. 43, letter "a" of the Agreement.
• 55. The following documents are also integral parts of this Agreement:
• a) the General Terms in its up-to-date version;
• b) the Tariff in its up-to-date version;
• c) the Appendix to the Agreement for trading in CFDs, together with the Applications for Amendment of Account Details (if any).

Both parties signed and received this Agreement.

Appendix

Applicable to Customer Trading Agreement No

1. CLIENT INFORMATION

   1. Full name:   
   2. Date of Birth:
   3. Nationality:
   4. Passport/ID Card No:
   5. Issue date:
   6. Issued by:
   7. Permanent Address: , , 
   8. Correspondence Address: , , 
   9. Mobile Phone Number:

2. INFORMATION DISTRIBUTION METHODS

   • I declare that I wish to receive the information which Deltastock is obliged to provide to its clients via email:
   • Additional Information Distribution Methods: Paper

3. Declaration for a Politically Exposed Person and their related persons

   • I do not fall/ I fall within the following category as per art. 36, para. 2 of MAMLA
   • In the last 12 months I have not been/ I have beenin the following category as per art. 36, para. 2 of MAMLA
   • I do not fall/ I fallwithin the following category as per art. 36, para. 5 of MAMLA
   • In the last 12 months I have not been/ I have beenin the following category as per art. 36, para. 5 of MAMLA

   I am aware that in the event of a change in the above circumstances I must immediately submit a new declaration.

4. DECLARATIONS

   By completing and signing the account opening application, I declare that:
   1. I am informed that I hereby accept and agree to be categorised by Deltastock as retail client.
   2. I am informed that I have the right to request a change in my classification to a “professional client” status, as well as that any such change will result in a lower level of protection.
   3. I have read the Client Categorisation Rules of Deltastock applied by Deltastock and accept them.
   4. I am aware of my responsibility to notify Deltastock upon any changes in the data related to determining my categorisation as a client.
   5. I have read and accept the General Terms and the Tariff of Interest Rates, Fees and Commissions, which are an integral part of the Agreement.
   6. I have read and accept the Policy for Execution of Client Orders Applicable to the Agreements for Trading in CFDs of Deltastock.
   7. I have read and accept the information included in the supporting documents of the Agreement and the General Terms.
   8. Deltastock provided me in a timely manner with the KIDs of the financial instruments offered by Deltastock which fall within the scope of the definition of “packaged retail and investment products” through the website www.deltastock.com. I declare that all subsequent KIDs and/or the changes to the already available KIDs shall be provided to me through the intermediary’s Website.
   9. The information provided by me is credible and accurate in order for Deltastock to be able to assess whether the requested service is suitable for me.
   10. According to the information provided in the account opening application, I am informed that based on the Deltastock’s assessment, the service I apply for: is suitable for me is not suitable for me, and I should take the necessary time to familiarise myself in more detail about the specifics of margin trading in financial instruments and the risks involved.
   11. I provide my identification data and ID documents for the purpose of concluding an agreement with Deltastock of my own free will and not under duress or coercion.
   12. Against me aren’t / are pressed charges for terrorism or financing of terrorism or criminal activities, blocked assets, mine or of persons related to me, in connection with measures against financing of terrorism and/or notifications of suspicion of money laundering and/or presence of money acquired through criminal activities.
   13. I am aware that the first deposit to my trading account can be made only through a bank account opened in my name in a credit institution in the Republic of Bulgaria, another EU member state, or a bank in a third country whose legal framework contains requirements corresponding to the requirements of MAMLA, in taking in consideration the risk level of this third country and the application of the measures for counteraction to money laundering and financing of terrorism, conforming to this level of risk, the presence of the full volume of similar measures as required by the Financial Action Task Force (FATF) and their effective application.
   14. I am aware that if I want to deposit funds to my trading account with a card, I can make this deposit only with a credit or debit card issued in my name through a bank account opened in my name in a credit institution in the Republic of Bulgaria, another EU member state, or a bank in a third country whose legal framework contains requirements corresponding to the requirements of MAMLA, in taking in consideration the risk level of this third country and the application of the measures for counteraction to money laundering and financing of terrorism, conforming to this level of risk, the presence of the full volume of similar measures as required by the Financial Action Task Force (FATF) and their effective application.

5. CLIENT INVESTMENT ACCOUNT DETAILS

   With this Appendix I hereby declare that I wish to open a new account as follows:

   I wish my investment account to be in ONE of the following currencies: BGN USD EUR GBP CHF RON

   By signing this Appendix, I explicitly declare that I am familiar with the following circumstances relating to investment accounts:

   • The Electronic trading Platform through which I can trade with my investment account is Delta Trading™;
   • The margin for my open positions is in the amount of 100% (one hundred percent);
   • The type of spread of the quotes received is variable;
   • I cannot form short positions;
   • All Orders that would lead to the formation of short positions shall be automatically cancelled by Deltastock;
   • The minimum Orders Sizes are specified on Deltastock’s Website;
   • Execution of an Order with an amount smaller than the minimum size, as specified on Deltastock’s Website, is allowed only in the cases where the whole value of an open Position;
   • I cannot change the initially requested parameters of my investment account;
   • Should I wish to trade on Margin (different from 100%), and/or using another trading platform, and/or at the other conditions offered by Deltastock, which are not applicable to an investment account, I should open a new trading account, different from an investment account.

6. CLIENT ACCOUNT DETAILS

   With this Appendix I hereby declare that I wish to open a new account as follows:

   1. Electronic Trading Platform in which the account is to be opened: Delta Trading™
   2. I wish my account for trading in Assets to be in one of the following currencies: BGN USD EUR GBP CHF RON
   1. Electronic Trading Platform in which the account is opened: Deltastock MetaTrader 5
   2. I wish my account for trading in Assets to be in one of the following currencies: BGN USD EUR

Self-certification for the purpose of the automatic exchange of financial information under Art. 142t, para. 1 of the Tax and Social Security Procedure Code (TSSPC) from

Part 1. Name of the Account Holder - individual

• First name:
• Middle name:
• Last name:

Part 2. Residential address

• Country:
• City or town:
• Address (District, Street, No, Floor, Apt):
• Postal code:

Part 3. Date and place of birth

• Date of birth:
  
  • Day:
  • Month:
  • Year:
• Place of birth:
  
  • Country:
  • City or town:

Part 4. Nationality

• Nationality:
• If the Account Holder has more than one nationality (including green card in the case of USA), please mark with an “X” and list in the field below all countries of which the Account Holder is a citizen. X
• Other nationality:

Part 5. Jurisdiction of tax residence and Tax Identification Number (TIN)

• Jurisdiction of which the Account Holder is a resident for tax purposes:
• Tax Identification Number issued by that Jurisdiction:

If the Account Holder is a Bulgarian tax resident, please fill in the Unified Civil Number (UCN), Personal Number of a Foreigner (PNF) or official number issued by the NRA.

Part 6. If the Account Holder is a tax resident of more than one Jurisdiction, please fill in information for each Jurisdiction separately. If necessary multiply the table.

1. • Other Jurisdiction of which the Account Holder is a resident for tax purposes:
   • City or town:
   • Address (District, Street, No, Floor, Apt):
   • Postal code:
   • Tax Identification Number issued by that other Jurisdiction:
   • Other information:

I declare that the provided information is true, correct, complete and submitted voluntarily. I undertake the obligation to inform immediately Deltastock in writing in case of any change to that information and to provide any other data or documents, if necessary.

I agree Deltastock to process, store, use and disclose my personal data to third parties in cases provided by law and I confirm that I have received the information under Art. 19, para. 1 of Personal Data Protection Act.

I declare that I am notified about the possibility the information under Art. 142b of TSSPC containing my personal data, account balance or value as well as the derived income to be subject to automatic exchange of financial information under chapter sixteen, section IIIa of the TSSPC and to be reported to the Jurisdiction/s of which I am a tax resident in pursuance of the international commitments of the Republic of Bulgaria.

I am aware of the penal liability under Art. 313 of the Penal Code for declaring of false information.