9. Typical disputes and the procedures of the resolutions

9.1. The Dealer has the right to initiate the process of Dispute resolution. In this case the Dealer should make a decision and take all necessary actions within one Business Day after the dispute has arisen.

Placement and modification of Pending and/or If-Done Orders

9.2. «If-Done» and/or Pending Orders are considered to be erroneously placed or modified in the following cases:

1. if the Instruction precedes the first Quote for this Instrument in the Trading Platform on the Market Opening; or
2. if the Customer's Instruction to place the Pending Order is sent when an Error Quote (Spike) appears in the Trading Platform and clause 5.10 would have been breached if the Server checked the validity of the Instruction based on the Quote prior to the Spike not the Spike itself; or
3. if a dealer makes a Manifest Error and clause 5.10 or 5.11 is breached; or
4. if the Server confirms the Instruction by mistake despite the fact that clause 5.10 or 5.11 is breached.

If an «If-Done» or Pending Order is placed or modified erroneously and the Dealer initiates a Dispute resolution in accordance with clause 9.1 or the Customer lodges a complaint which is recognized by the Dealer as reasonable, the Dealer:

5. deletes the Pending Order if it has not triggered yet; or
6. deletes the position opened as a result of the Pending Order execution.

9.3. If the Pending Order is placed in the queue in order to be executed, but a dealer erroneously confirms its modification, then the Dealer has the right to trigger this Pending Order at the level set before the last modification.

9.4. No complaints are accepted if the Customer is not able to place a Pending Order or modify the levels of Pending and/or «If-Done» Orders:

1. because the Internet connection is poor either on the side of the Customer or the Dealer or both and the Server Log-File has no records to prove the Customer's attempt(s) to give such Instruction; or
2. if the Customer's Instruction to place the Pending Order is sent when an Error Quote (Spike) appears in the Trading Platform and clause 5.10 would have been breached if the Server had checked the validity of the Instruction based on the Quote prior to the Spike not the Spike itself; or
3. if the Instruction precedes the first Quote for this Instrument in the Trading Platform on the Market Opening; or
4. as a result of a Manifest Error or if a dealer has not processed the Customer's Instruction, and the Server Log-File has no records to prove the Customer's attempt(s) to give such Instruction; or
5. as a result of the failure of the Trading Platform software/hardware and the Server Log-File has no records to prove the Customer's attempt(s) to give such Instruction.

9.5. No complaints are accepted if the Customer is not able to place a Pending Order or modify the levels of Pending and/or If-Done Orders if the Pending Order has been already placed in the queue in order to be executed.

9.6. If the dealer has not executed the Instruction to place a Pending Order or modify the levels of the Pending Order and/or «If-Done» Orders:

1. because of poor Internet connection either on the side of the Customer or the Dealer or both; or
2. as a result of a Manifest Error; or
3. as a result of the failure of the Trading Platform software/hardware,

and

4. the Server Log-File has record(s) to prove the Customer's attempt(s) to give such Instruction, and
5. it is the latest attempt to place a Pending Order or modify the levels of Pending Order and/or «If-Done» Orders,

and the Dealer executes this Instruction to place a Pending Order or modify the levels of Pending Order and/or «If-Done» Orders once the complaint of the Customer has been recognized as reasonable.

While the Dispute remains opened, the Dealer has the right to execute the Pending and «If-Done» Orders in the chronological order in which they would have been executed if the Customer's Instruction would have been executed at the time it was received by the Server.

The Customer acknowledges that the Customer will not be able to manage the Pending Order or the position while the Dispute in respect of this Order or Position is being considered and no complaints in respect of that matter are accepted.

The Customer acknowledges that the Company will not notify the Customer that the Dispute has been resolved and the Instruction has been executed and the Customer shall be responsible for all the risks in this respect.

Pending Order deleting

9.7. If the Pending Order is placed in the queue in order to be executed, but a dealer has executed the Instruction to cancel the Pending Order, then the Dealer has the right to delete the Order.

9.8. If the Server Log-File has recorded the Customer's attempt(s) to delete the Pending Order, but the Order has not been cancelled:

1. because a dealer has not executed the Customer's Instruction to delete the Pending Order; or
2. as a result of a Manifest Error; or
3. because the Pending Order has been placed in the queue in order to be executed at an Error Quote (Spike); or
4. because of the failure, malfunction or misuse of the Trading Platform software/hardware; or
5. because of poor Internet connection either on the side of the Customer or the Dealer or both,

and the Dealer initiates a Dispute resolution in accordance with clause 9.1 or the Customer lodges a complaint which is recognized by the Dealer as reasonable, the Dealer:

6. deletes the Pending Order if it has not triggered yet;
7. deletes the position opened as a result of the Pending Order execution.

9.9. No complaints are accepted if the Customer is not able to delete the Pending Order:

1. before the first Quote for this Instrument appears in the Trading Platform on the Market Opening; or
2. after the Pending Order has been placed in the queue in order to be executed; or
3. when there are no records in the Server Log-File to prove the Customer's attempt(s) to give such Instruction.

9.10. If the Pending Order has been deleted by mistake:

1. because of the failure, malfunction or misuse of the Trading Platform software/hardware; or
2. because of the insufficient Free Margin required to open a position as a result of an Error Quote (Spike) in the Quotes Flow at which Floating Profits/Losses for the Open Positions have been calculated; or
3. because of the insufficient Free Margin required to open a position as a result of a Dispute in respect of another Order or position (only in case the complaint in respect of another Order or position is recognized by the Dealer as reasonable); or

the Pending Order will not be reinstated and no complaints in respect of this matter are accepted.

Pending Order execution

9.11. If the Pending Order has been erroneously executed:

1. at an Error Quote (Spike); or
2. because of a Manifest Error; or
3. because of the failure, malfunction or misuse of the Trading Platform software/hardware;

In accordance with clause 9.1 of this Terms of Business or in case the complaint is recognized as reasonable the Dealer has the right to delete the position opened as a result of incorrect pending order execution and

4. to restore this erroneously executed order if, whilst the decision in this respect is being made, the level of the pending order is positioned correctly to the current price level (refer to clause 5.10);
5. to cancel this erroneously executed order if, whilst the decision in this respect is being made, pending order level is position incorrectly to the current market price level (refer to clause 5.10). In this case no Customer’s complaints will be accepted.

9.12. If the Dealer erroneously executes a Pending Order at the price different from the price at which the Dealer should have executed it in accordance with clauses 5.26-5.28; or the Dealer initiates a Dispute resolution in accordance with clause 9.1 or the Customer lodges a complaint which is recognized by the Dealer as reasonable, the Dealer debits / credits the Customer's Trading Account with the difference between the financial results of opening a position at the actual open price and opening a position at the price at which the Order should have been executed in accordance with clauses 5.26-5.28.

9.13. If the Dealer in accordance with clauses 5.27, 5.28 has had the right to trigger a «Buy Stop» or a «Sell Stop» order at the first Quote after the price gap, but a dealer has executed it at the Pending Order level; and the Dealer initiates a Dispute resolution in accordance with clause 9.1, the Dealer has the right to withdraw from the Customer's Trading Account the difference between the financial results of opening a position at the Pending Order level and opening a position at the first Quote after the Price Gap.

9.14. If the Dealer in accordance with clauses 5.27, 5.28 should have triggered a «Buy Limit» or a Sell Limit order at the first Quote after the price gap, but a dealer has executed it at the Pending Order level; and the Dealer initiates a Dispute resolution in accordance with clause 9.1 or the Customer lodges a complaint which is recognized by the Dealer as reasonable, the Dealer indemnifies the difference between the financial results of opening a position at the Pending Order level and opening a position at the first Quote after the Price Gap.

9.15. If the Customer believes that the Pending Order has not been executed by mistake, the Customer shall:

1. delete this Pending Order; and
2. open a position of the same Transaction Size, on the same Instrument and in the same direction as the Pending Order which is the subject of the complaint; and
3. lodge a complaint indicating Tickers of the Pending Order in question and of the position that has been opened in accordance with clause 9.15 (b).

The Dealer has the right to decline the Customer's complaint if the Customer fails to perform these actions.

In case the Customer's complaint is recognized as reasonable, the Dealer credits/debits the difference between the financial results of opening a position in accordance with clause 9.15 (b) and opening a position at the price at which the order should have been triggered in accordance with clause 5.24.

9.16. In order to execute the Customer's orders, a dealer needs a reasonable period of time^[17]. Before the Customer decides to act in accordance with clause 9.15, the Customer must wait a reasonable period of time to make sure that a dealer has enough time to execute the Order.

9.17. No complaints are accepted if the Pending Order has not been executed:

1. at Error Quote (Spike); or
2. because of the insufficient Free Margin required to open a position as a result of a Dispute in respect of another Order or position. In this case the Pending Order is automatically cancelled and will not be reopened and no complaints in respect of this matter will be accepted.
3. in case the total Customer position, after the order has been executed, would have exceeded preset limits specified for this type of account.

9.18 As one or several pending orders are coming to the queue from the same trading account The Dealer has the right to refuse in execution one or several orders in the case if free margin isn’t enough^[18] or limits in total amount of client’s position for this type of account are exceeded. Besides, orders can be executed by the Dealer in different order than they have been accepted to the queue (clause 5.32).

The procedure of placing, modifying and deleting Stop Loss and Take Profit

9.19. If a «Stop Loss» or a «Take Profit» was placed in the queue in order to be executed, but a dealer erroneously confirmed its modification (deletion), the Dealer has the right to execute this Order at the level set prior to this erroneous modification (deletion).

9.20. No complaints are accepted if the Customer is not able to place, modify or delete a «Stop Loss» or a «Take Profit»:

1. because the Internet connection is poor either on the side of the Customer or the Dealer or both and the Server Log-File has no records to prove the Customer's attempt(s) to give such Instruction; or
2. if the Customer's Instruction to place or modify the Order is sent when an Error Quote (Spike) appears in the Trading Platform and clause 5.10 would have been breached if the Server checked the validity of the Instruction based on the Quote prior to the Spike not the Spike itself; or
3. if the Instruction precedes the first Quote for this Instrument in the Trading Platform on the Market Opening; or
4. if clause 5.10 is breached as a result of a Manifest Error or if a Dealer has not processed the Customer's Instruction, and the Server Log-File has no records to prove the Customer's attempt(s) to give such Instruction; or
5. as a result of the failure, malfunction or misuse of the Trading Platform software/hardware and the Server Log-File has no records to prove the Customer's attempt(s) to give such Instruction.

9.21. No complaints are accepted if the Customer was not able to modify or delete a «Stop Loss» or a «Take Profit», if the Order has been placed in the queue in order to be executed.

9.22. If the dealer has not executed the Instruction to place, modify or delete a «Stop Loss» or a «Take Profit»:

1. because of poor Internet connection either on the side of the Customer or the Dealer or both; or
2. as a result of a Manifest Error; or
3. as a result of the failure, malfunction or misuse of the Trading Platform software/hardware

and

4. the Server Log-File has record(s) to prove the Customer's attempt(s) to give such Instruction, and
5. it is the latest attempt to place, modify or delete the «Stop Loss» or the «Take Profit», and

the Dealer initiates a Dispute resolution in accordance with clause 9.1 or the Customer lodges a complaint which is recognized by the Dealer as reasonable, the Dealer executes the Instruction to place, modify or delete the Stop Loss or the Take Profit.

The Customer acknowledges that the Customer will not be able to manage the position while the Dispute in respect of this position is being considered and no complaints in respect of that matter are accepted.

The Customer acknowledges that the Dealer has the right not to notify the Customer that the Dispute has been resolved and the Instruction has been executed and the Customer accepts full responsibility for all the risks in this respect.

While the Dispute remains opened the Dealer has the right to trigger the «Stop Loss» or the «Take Profit» in the chronological order in which they would have been triggered if the customer instruction would have been executed at the time it was received by the Server.

9.23. «Stop Loss» and «Take Profit» are considered to be erroneously placed or modified in the following cases:

1. if the Instruction precedes the first Quote for this Instrument in the Trading Platform on the Market Opening; or
2. if the Customer's Instruction to place or modify the Order is sent when an Error Quote (Spike) appears in the Trading Platform and clause 5.10 would have been breached if the Server checked the validity of the Instruction based on the Quote prior to the Spike not the Spike itself; or
3. if a dealer makes a Manifest Error and clause 5.10 is breached; or
4. as a result of the failure, malfunction or misuse of the Trading Platform software/hardware.

If «Stop Loss» and «Take Profit» Orders are considered to be erroneously placed or modified, the Dealer has the right to delete the Order or cancel its last modification respectively.

Execution of Stop Loss and Take Profit

9.24. If a dealer erroneously executes a Stop Loss or a Take Profit:

1. at an Error Quote (Spike); or
2. because the Dealer makes a Manifest Error and clause 5.24 is breached; or
3. because of failure, malfunction or misuse of the Trading Platform software/hardware and clause 5.24 is breached,

and the Dealer initiates a Dispute resolution in accordance with clause 9.1 or the Customer lodges a complaint which is recognized by the Dealer as reasonable, the Dealer has the right to reopen the erroneously closed position within 3 hours from the moment the Dispute arises.

If within 3 hours the erroneously closed position has not been reopened by the Dealer, the Dealer indemnifies the difference between the financial results of closing the position at actual close price and closing the position at the best price which is registered between the moment the Dispute arises and the moment of the indemnification.

The Customer acknowledges that the Customer will not be able to manage the position while the Dispute in respect of this position is being considered and no complaints in respect of this matter are accepted.

The Customer acknowledges that the Dealer has the right not to notify the Customer that the Dispute has been resolved and the Instruction has been executed. The Customer accepts full responsibility for all the risks in this respect.

9.25. If a «Stop Loss» or a «Take Profit» is not executed but should have been in accordance with clause 5.24, and the Dealer initiates a Dispute resolution in accordance with clause 9.1 or the Customer lodges a complaint which is recognized by the Dealer as reasonable, the Dealer has the right:

1. to close the position at current actual price if it is not closed; and
2. to credit/debit the difference between the financial results of closing the position at actual close price and closing the position at the price at which the order should have been triggered in accordance with clause 5.24.

The Dealer has the right to decline the complaint if the Customer modifies or deletes the order in question after the dispute arises and before the decision on the complaint is taken.

9.26. No complaints are accepted if a «Stop Loss» or a «Take Profit» is not executed at an Error Quote (Spike).

9.27 If a dealer has executed a «Stop Loss» Order at a price which differs from the price at which the Order should have been executed in accordance with clause 5.24, and the Dealer initiates a Dispute resolution in accordance with clause 9.1,

the Dealer has the right to withdraw from the Ñustomer's Trading Account the difference between the financial results of closing the position at the actual price and closing the position at the price at which the Order should have been executed in accordance with clause 5.24.

9.28 If a dealer has executed a «Take Profit» at a price which differs from the price at which the Order should have been executed in accordance with clause 5.24, and the Dealer initiates a Dispute resolution in accordance with clause 9.1 or the Customer lodges a complaint which is recognized by the Dealer as reasonable,

the Dealer will pay the Customer the difference between the financial results of closing the position at the actual price and closing the position at the price at which the Order should have been executed in accordance with clause 5.24.

9.29 If a dealer has executed a Stop Loss or Take Profit Order at a price which differs from the price at which the Order should have been executed in accordance with clauses 5.27, 5.28 and the Dealer initiates a dispute resolution in accordance with clause 9.1 or the Customer lodges a complaint which is recognized by the Dealer as reasonable,

the Dealer debits/credits the Customer's Trading Account with the difference between the financial results of closing the position at the actual price and closing the position at the price at which the Order should have been executed in accordance with clauses 5.27, 5.28.

Stop Out execution

9.30. If a dealer erroneously executes a Stop Out:

1. at an Error Quote (Spike); or
2. because a dealer makes a Manifest Error and clause 6.1 is breached; or
3. because of failure, malfunction or misuse of the Trading Platform software and clause 6.1 is breached; or
4. because of the insufficient Free Margin as a result of an Error Quote (Spike) in the price flow at which Floating Profits/Losses for the Open Positions are calculated; or
5. because of the insufficient Free Margin as a result of a Dispute in respect of another Order or Position (only in case the Customer's complaint has been recognized as reasonable),

and the Dealer initiates a Dispute resolution in accordance with clause 9.1 or the Customer lodges a complaint which is recognized by the Dealer as reasonable, the Dealer has the right to reopen the erroneously closed position within 3 hours from the moment the Dispute arises.

If within 3 hours the erroneously closed position has not been reopened by the Dealer, the Dealer indemnifies the difference between the financial results of closing the position at actual close price and closing the position at the best price which is registered between the moment the Dispute arises and the moment of the indemnification.

The Customer acknowledges that the Customer will not be able to manage the position while the Dispute in respect of this position is being considered and no complaints in respect of this matter are accepted.

The Customer acknowledges that the Dealer has the right not to notify the Customer that the Dispute has been resolved and the Instruction has been executed and the Customer accepts full responsibility for all the risks in this respect.

While the Dispute remains opened the Dealer has the right to trigger the Stop Loss or the Take Profit in the chronological order in which they would have been triggered if the Stop Out had not been executed.

9.31. In order to execute a Stop Out Instruction, a dealer needs a reasonable period of time^[19]. No complaints in respect of the Instruction execution time, notwithstanding the amount of time a dealer needs to execute it as well as the time of the relevant Server Log-File record, are accepted if clause 6.1 is not breached.

Opening/closing a position

9.32. No complaints are accepted if the Customer is not be able to open/close a position:

1. because of the poor Internet connection either on the side of the Customer or the Dealer or both; and there are no records in the Server Log-File to prove the Customer's attempt(s) to give such Instruction; or
2. at an Error Quote (Spike); or
3. if the Instruction precedes the first Quote for this Instrument in the Trading Platform on the Market Opening; or
4. if the Dealer makes a Manifest Error or if a dealer has not processed the Instruction to open/close a position, and there are no records in the Server Log-File to prove the Customer's attempt(s) to give such Instruction; or
5. as a result of the failure, malfunction or misuse of the Trading Platform software/hardware and the Server Log-File has no records to prove the Customer's attempt(s) to give such Instruction.

9.33 If the dealer has not executed the Instruction to open a position:

1. because of poor Internet connection either on the side of the Customer or the Dealer or both; or
2. as a result of a Manifest Error; or
3. as a result of the failure, malfunction or misuse of the Trading Platform software/hardware,

and

4. the Server Log-File has record(s) to prove the Customer's attempt(s) to give such Instruction, and
5. it is the latest attempt to open the position on this Instrument,

and the Dealer initiates a Dispute resolution in accordance with clause 9.1 or the Customer lodges a complaint which is recognized by the Dealer as reasonable, the Dealer executes this Instruction to open a position.

The Customer acknowledges that the Customer will not be able to manage the position while the Dispute in respect of this position is being considered and no complaints in respect of that matter are accepted.

The Customer acknowledges that the Dealer has the right not to notify the Customer that the Dispute has been resolved and the Instruction has been executed and the Customer accepts full responsibility for all the risks in this respect.

While the Dispute remains opened the Dealer has the right to trigger the Stop Loss or the Take Profit in the chronological order in which it would have been triggered if the Customer's Instruction would have been executed at the time it was received by the Server.

9.34 If the dealer has not executed the Instruction to close a position:

1. because of poor Internet connection either on the side of the Customer or the Dealer or both; or
2. as a result of a Manifest Error; or
3. as a result of the failure, malfunction or misuse of the Trading Platform software/hardware,

and

4. the Server Log-File has record(s) to prove the Customer's attempt(s) to give such Instruction, and
5. it is the latest attempt to open the position on this Instrument,

and the Dealer initiates a Dispute resolution in accordance with clause 9.1 or the Customer lodges a complaint which is recognized by the Dealer as reasonable, the Dealer executes this Instruction to close a position.

The Customer acknowledges that the Dealer has the right not to notify the Customer that the Dispute has been resolved and the Instruction has been executed and the Customer accepts full responsibility for all the risks in this respect.

9.35. No complaints are accepted if the Customer is not able to open a position

1. because of the insufficient Free Margin required to open the position as a result of an Error Quote (Spike) in the price flow at which Floating Profits/Losses for the Open Positions are calculated; or
2. because of the insufficient Free Margin required to open the position as a result of a Dispute in respect of another Order or position.
3. due to the volume limit excess of the total Customer position and/or the total number of placed orders for this type of account.

9.36. The Dealer has the right to delete a position if:

1. the Instruction to open the position precedes the first Quote in the Trading Platform on the Market Opening and a dealer erroneously executes it at the close price of the previous trading session; or
2. a dealer erroneously executes the Instruction to open the position at an Error Quote (Spike); or
3. the Dealer makes a Manifest Error while processing the Customer's Instruction to open the position.

9.37. If:

1. the Instruction to close a position precedes the first Quote in the Trading Platform on the Market Opening and a dealer erroneously executes it at the close price of the previous trading session; or
2. a dealer erroneously executes the Instruction to close a position at an Error Quote (Spike); or
3. the dealer makes a Manifest Error while processing the Instruction to close a position; or
4. a position is closed by mistake due to the failure, malfunction or misuse of the Trading Platform software / hardware,

and the Dealer initiates a Dispute resolution in accordance with clause 9.1 or the Customer lodges a complaint which is recognized by the Dealer as reasonable, the Dealer has the right to reopen the erroneously closed position.

If within 3 hours the erroneously closed position has not been reopened by the Dealer, the position will not be reopened and no complaints are accepted in respect of its reopening. The Dealer (if the Customer's complaint is recognized by the Dealer as reasonable) will pay the Customer the difference between the financial results of closing the position at actual close price and closing the position at the best Quote which is registered between the moment the Dispute arises and the moment of the indemnification.

The Customer acknowledges that the Customer will not be able to manage the position while the Dispute in respect of this position is being considered and no complaints in respect of this matter are accepted.

The Customer acknowledges that the Dealer has the right not to notify the Customer that the Dispute has been resolved and the Instruction has been executed and the Customer takes full responsibility for all the risks in this respect.

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^[17] Usually less than a minute under Normal Market Conditions.

^[18] Necessary Margin for open positions is calculated at current Quotes (in accordance with clause 5.25 "c").

^[19] Usually no more than 1 minute under Normal Market Conditions.

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