Complaint procedure
8.1. If any conflict situation arises when the Customer reasonably believes that the Dealer as a result of any action or failure to act breaches one or more terms of these Terms of Business, the Customer has the right to lodge a complaint with the Dealer as soon as reasonably practicable but in any case within two business days after the grievance has arisen.
8.2. To file any complaint the Customer should complete a standard form in the Personal Area. A new complaint is assigned with a unique number (TID) and the Customer is advised of the status of the complaint via email sent from disputes@alpari.ru. All complains filed in any other form (forum, email, telephone, fax etc) will not be considered[15].
- When the Customer receives an email from disputes@alpari.ru in relation to the complaint, unique number (TID) and subject of the email should be save and used for the future communication.
8.3. A complaint shall include:
- name and surname of the Customer (or company name if the Customer is a legal entity);
- Customer’s login in the Trading Platform;
- details of when the conflict first arose (date and time in the Trading Platform Time Zone);
- Tickers of all disputable positions and/or Pending Orders;
- description of the conflict situation supported by the reference to these Terms of Business.
8.4. The complaint must not include:
- affective appraisal of the conflict situation;
- offensive language;
- uncontrolled vocabulary.
8.5. The Dealer has the right to refuse a complaint if any of clauses 8.1, 8.2, 8.3 and 8.4 has been breached.
Server log-file
8.6. The Server Log-File is the main information source in case of any Dispute. The Server Log-File has the absolute priority over other arguments including the Client Terminal Log-File[16].
8.7. If the Server Log-File has not recorded the relevant information the Customer refers to, the argument based on this reference may not be considered.
Indemnification
8.8. The Dealer may resolve all Disputes:
- by crediting/debiting the Ñustomer's Trading Account marking this entry as «Indemnification»;
- by reopening erroneously closed positions;
- by deleting erroneously opened positions or placed orders.
The Dealer has the right to choose the method of Dispute resolution at its sole discretion as well as to choose one of the options described in clause 9.
Disputes not mentioned in these Terms of Business are resolved in accordance with the common market practice and at the sole discretion of the Dealer.
If the Quotes Flow has been interrupted due to the software and/or hardware failure, all decisions in respect of the Dispute will be made on a basis of the live/real Server’s Quotes Base synchronized in accordance with clause 2.14.
8.9. The Dealer shall not be liable to the Customer if for any reason the Customer has received less profit than had hoped for or has incurred a loss as a result of uncompleted action which the Customer had intended to complete.
8.10. The Dealer shall not indemnify the Customer in respect of implied/indirect or any non-financial damage (emotional distress etc.).
8.11. The Compliance Department shall consider Customer’s complaint as soon as reasonably practicable but in any case within two Business Days after the grievance has arisen. The Customer will receive a confirmation email generated by the automatic mail tracking system.
8.12. The Dealer takes all necessary actions in respect of the complaint with accordance to clauses 8.8, 8.9, 8.10 immediately after the decision is made but in any case within one business day.
Refusal of complaint
8.13. Complaints made in respect of any unexecuted Instructions or Requests which are given during routine construction on the Server, if the Customer has been notified in advance by Trading Platform internal mail or some other way, are not accepted. The fact that the Customer has not received a notice shall not constitute the reason to lodge a complaint.
8.14. Complaints in respect of a Transaction or Order execution based on the difference in the prices for the Contract for Difference in the Trading Platform and for the underlying asset of the Contract for Difference, are not accepted.
8.15. Complaints in respect of time of Order execution if clause 5.24 has not been breached, notwithstanding the amount of time a dealer needed to execute the Order as well as the time when the Server Log-File recorded Order execution, are not accepted.
8.16. No Customer complaints will be accepted in respect of the financial results of the deals made using temporary excess Free Margin on the Trading Account gained as a result of a profitable position (cancelled by the Dealer afterwards) opened at an Error Quote (Spike) or at a Quote received as a result of a Manifest Error of the dealer.
8.17. In respect of all arising Disputes any references by the Customer to the Quotes of other companies or informational systems will not be taken into account.
Appeal
8.18. The Customer has the right to appeal to the KROUFR dispute committee in case the Customer disagrees with the Dealers’s decision in respect of the complaint.
[15]
Conflict situations for demo- and contest accounts
are considered by the Technical Support (at
support@alpari.ru, contest@alpari.ru, or by any
other means mentioned at the Alpari's website in the
«Contacts» menu section).
[16]
The Client Terminal Log-File does not register every
stage of the execution of the Customer's Instructions
or Requests.
[15]
Conflict situations for demo- and contest accounts are considered by the Technical Support (at support@alpari.ru, contest@alpari.ru, or by any other means mentioned at the Alpari's website in the «Contacts» menu section).
[16]
The Client Terminal Log-File does not register every stage of the execution of the Customer's Instructions or Requests.
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9. Typical disputes and the procedures of the resolutions»
