1.1 By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you shall not access our Service. We also hold the right to update these terms without prior notice.
Intellectual Property
2.1 The Service and its original content, features, and functionality are and will remain the exclusive property of EvokeEdge LLC The Service is protected by copyright laws in the United States. Our services shall not be used in connection with any product or service without the prior written consent of EvokeEdge LLC.
Governing Law
3.1 These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect.
GENERAL TERMS
Glossary
1.1 The definitions and rules of interpretation in this clause apply in these terms as follows:
1.2 Client Nominated Account: The bank account nominated by us from time to time into which the client funds will be made and paid.
1.3 Account Holder: The individual identified as the account holder is the sole authorized user of the account. Any use of the account by any other person, even if claiming to act on behalf of the account holder, is strictly prohibited and may constitute unauthorized access or illegal use of our services. We will not honor any instructions or requests made by anyone other than the account holder.
1.4 Business Day: A Day other than Saturday, Sunday, or any other National Holiday as declared by Federal laws.
1.5 Business hours: : 09:00 – 17:00 ET on a business day.
1.6 Client money: Money held by us on your behalf, which will be held in a designated client account, segregated from our money, and not used as business expenditure unless specifically set out in these terms.
1.7 Contract: Individual Orders that have been accepted by us.
1.7 Invoice: The written document setting out the details of an Order that will be sent to you following Order Confirmation.
1.9 Good-Till-Cancelled (GTC) order: An Order which remains valid until canceled by you.
1.10 Regulations: Your use of our services is subject to all applicable federal and state laws and regulations, including but not limited to those relating to money laundering, terrorist financing, and the transfer of funds. This includes, without limitation, compliance with the federal Bank Secrecy Act, the USA PATRIOT Act, and the Money Laundering, Terrorist Financing, and Transfer of Funds (Information on the Payer) Regulations.
Who can use our services?
2.1
Our website and services are not directed toward individuals under the age of 18. However, if a Minor wish and applies to become a client, then either the Minor’s parent or guardian is required to be a party to this Agreement. Any reference to Client in this Agreement is a reference to the parent or guardian of the Minor. In doing so, that entity accepts these terms and conditions. We reserve the right to seek confirmation that you have suitable authority where we deem this appropriate.
Processing Orders
3.1 Orders are processed within the stipulated business hours (hours defined above). However, when an order comes in at 17:00 on a Friday, it will not be processed until the next business day. Customer service will be available nonetheless 24/7 weekly.
Closing of Account
Liquidation Date
4.1 Subject to the following sub-Clause, at any time following the occurrence of an Event of Default, we may, by notice to you, specify a date (the “Liquidation Date”) for the termination and liquidation of Transactions in your Account in accordance with this Clause. This Agreement may be terminated immediately under this clause by the Client or the company by notice to the other in writing. Termination by either party shall not affect any Contract or other transaction previously entered and shall not relieve either party of any outstanding obligations arising out of this Agreement, nor shall it relieve the Client of any obligations arising out of any Contract entered prior to such termination. Unless the termination is due to:
(a) the Client providing false or misleading information to the company; or
(b) that the Client has participated or is participating or has assisted or is assisting in money laundering or terrorist financing; or
(c) that the Client is being officially investigated by law enforcement and/or regulatory agencies.
in which case, the Company shall be relieved of any obligations set out in this Agreement or arising out of the transactions contemplated by this Agreement, including any obligations arising out of any Contract already entered with the Company.
4.2 Calculation of Liquidation Amount In calculating the amount available for withdrawal, the company will take into consideration the balance in the Account and the transfer fee which will be covered by you
4.3 Payments
The Liquidation Amount shall be paid by the close of business on the Business Day following the completion of the termination and liquidation under this Clause (payment would be done strictly in the same currency to which the transaction was initially deposited).
Unless a Liquidation Date has occurred or has been effectively set, we shall not be obliged to make any payment scheduled to be made by us under a Transaction for as long as an Event of Default or any event which may become (with the passage of time, the giving of notice, the making of any determination hereunder, or any combination thereof) an Event of Default with respect to you has occurred and is continuing.
4.4 Fraud Suspicion
Where we suspect there was fraud committed, we have the discretionary power to investigate such fraud, and after there is a confirmation, penalties would be taken according to management discretion
4.5 Other Transactions
Where termination and liquidation occur in accordance with this Clause 4, we shall also be entitled, at our discretion, to terminate or close, in accordance with the provisions of this Clause, any other pending Transactions entered between us, which are then outstanding in our absolute discretion
5.1 Base Currency
When you place an order for a contract using a currency other than the base currency in which you deposited your funds with us, the exchange rate will be applied at the time of processing the order. We will notify you immediately of any changes in rate based on current market trends at that time.
5.2 Additional Rights
Our rights under this Clause shall be in addition to, and not in limitation or exclusion of, any other rights which we may have (whether by agreement, operation of law, or otherwise).
5.3 Single Agreement
This Agreement, the terms applicable to each Transaction entered into under this Agreement, and all amendments to any of them shall together constitute a single agreement between us. We both acknowledge that all Transactions entered into on or after the date this Agreement takes effect are entered into in reliance upon the fact that the Agreement and all such terms constitute a single agreement between us.
Use of our online services
6.1 This clause applies if you use our Online Platform or such other platform, we may elect for our customers to use from time to time.
6.2 Upon our approval of your request to access the online platform, we grant you a non-exclusive non-transferable license to use the online platform.
Cybercrime Alert: Emails and Bank Details
7.1 There is a significant and increasing risk posed by cyber fraud, specifically with the interception of email accounts and bank account details.
7.2 Please be extra vigilant when making payments and ensure you are only making payments to the bank details you have been provided with from us
7.3 For confirmation of such details, please contact us or verify through your online account. Passwords should be protected at all costs as we would not be liable for any loss incurred as a result of your negligence.
Limitations on liability
8.1 All content shown on the Website (and all products and services provided by it) are provided and made available without any warranties, conditions, or guarantees given by us. We do not warrant the accuracy, suitability, reliability, completeness, performance, and/or fitness for the purpose of the content of any products and services available through this Website.
8.2 We use reasonable skill and care in providing our products and services to you. However (to the maximum extent permitted by law) we are not liable to you for any loss, damage, claim, or compensation arising out of delay in our services.
Any inability to perform any of our obligations due to failure of any technical or computer systems or due to any other abnormal or unforeseeable circumstances beyond our control (such as acts of God, terrorism, war, government action, or natural disaster), the consequences of which would have been unavoidable despite all its efforts to the contrary.
Any breach by us of any of our obligations, where such breach is due to our duty to comply with any applicable laws of Local, State, or Federal Laws.
Any loss resulting from third-party misuse, including but not limited to email interception, stolen identity, and fraud
Any damage to your computer equipment as a result of using this Website or any products or services provided from it.
Any change in foreign currency rates that may occur from time to time.
8.3 Our maximum aggregate liability to you in respect of all foreign currency transactions undertaken by you shall be limited to the Contract value.
8.4 The disclaimers and limitations of liability in these terms shall not apply to any damages arising from death or personal injury caused by the negligence of us or any of our employees or agents or for fraud.
8.5 Nothing in these terms limits or excludes our liability for any breach of our statutory obligations or obligations under the rules of any applicable regulatory authorities in the United States. However, we will not be liable for any default where it results from our duty to comply with any applicable state laws. If any provisions of these terms, including these disclaimers and limitations, are found to be unlawful or unenforceable, such provisions shall be deemed to be amended or their scope reduced to the minimum extent necessary to make them lawful or enforceable. The unlawfulness or unenforceability of any provision(s) of these terms shall not affect the validity and enforceability of the remaining terms. Your statutory rights remain unaffected.
Customer Abuse policy
At EvokeEdge LLC, we believe in providing exceptional service to our customers and ensuring that they are treated with respect and dignity. We believe that all customers have the right to always receive courteous and professional treatment from our team. In turn, we expect that all client(s) are expected to display the same amount of respect for our staff.
As an organization, we have a zero-tolerance policy for anyone who is abusive toward any member of our team. Where a client is unsatisfied with any of our services, they have the right to make a complaint through the appropriate channel (customer service), and such a complaint would be treated with the utmost priority.
9.1 Termination of Account for Abusive Behavior
9.2 We reserve the right to terminate the account of any user who engages in abusive behavior towards our clients or staff members.
9.3 Abusive behavior includes but is not limited to, harassment, threats, discriminatory language, defamation, or any other form of harmful or offensive behavior directed towards our clients or staff members.
9.4 Upon receipt of a complaint or evidence of abusive behavior, we will investigate to assess the situation. If the abusive behavior is confirmed, we may, at our sole discretion, suspend or terminate the account of the offending user.
9.5 In the event of an account termination due to abusive behavior, the user will lose access to all services and content associated with their account. Any outstanding obligations or liabilities arising from previous transactions will remain in effect.
9.6 We reserve the right to take legal action or report abusive behavior to the appropriate authorities if deemed necessary.
9.7 Our decision to terminate an account due to abusive behavior is final and not subject to appeal.
Jurisdiction and Venue
10.1 Any dispute arising out of or relating to these Terms of Service, or the use of our Service shall be governed by and construed in accordance with the laws of the State of Indiana.
10.2 Any legal action or proceeding arising out of or relating to these Terms of Service or the use of our Service shall be brought exclusively in the courts located in Indianapolis, IN, United States, and you consent to the jurisdiction of such courts.
10.3 You agree that any cause of action or claim you may have to arise out of or related to these Terms of Service or the use of our Service must be commenced within 45 Days after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Entire Agreement
11.1 These Terms of Service constitute the entire agreement between you and us regarding the use of our Service, superseding any prior agreements or understandings, whether written or oral, relating to the subject matter herein.
12.2 In the event of any conflict between these Terms of Service and any other agreement or document, these Terms of Service shall prevail.
Waiver
13.1 The failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if it is in writing and signed by us.
Assignment
14.1 You may not assign or transfer these Terms of Service, in whole or in part, without our prior written consent. We may freely assign or transfer these Terms of Service without restriction.
Survival
15.1 The provisions of these Terms of Service that by their nature should survive termination shall survive termination, including, but not limited to, provisions regarding intellectual property, disclaimer of warranties, limitation of liability, indemnification, and jurisdiction.
Contact Information
16.1 If you have any questions or concerns regarding these Terms of Service, please contact us at Support@EvokeEdgellc.com
Amendments
These terms are subject to changes, and any changes made would be effective as soon as they are posted on our website. We reserve the right to modify or replace any part of these terms at any time without prior notice. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes
