Term and Conditions
Mastering Knowledge, Driving Innovation, Achieving Victory
Μανθάνειν ἐστί νίκη ("To learn is to conquer")
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Article 1 – Initial Provisions
1.1. These Terms and Conditions define the basic terms and rules for providing investment services, as agreed between the Broker and a third party in a contractual relationship with the Broker (the "Client").
1.2. The Broker will execute activities aimed at concluding financial transactions per the Client’s instructions, and the Client is required to pay commissions to the Broker for these activities, subject to these Terms and Conditions.
1.3. Unless otherwise agreed by the parties or stated in these Terms and Conditions, the Broker is not permitted to enter into any transactions on behalf of the Client or perform any legal acts on the Client's behalf.
1.4. The Broker is not an exclusive agent for the Client, who may use other third-party brokers for the same activities. The Broker may also perform the specified activities for other clients.
Article 2 - Parties' Obligations
2.1. The Broker is required to:
Perform all activities related to the agreement with the Client honestly, professionally, and in good faith, safeguarding the Client's interests;
Accept and comply with the Client’s orders;
Keep the Client informed of all necessary information learned in connection with its duties under the agreement with the Client;
Monitor the trading facility operated by the Liquidity Provider and seek suitable counterparties via the facility per the Client’s instructions for concluding financial transactions;
Provide information to the trader broker, market maker, liquidy provider (Client) with any other relevant information and materials necessary to enter into financial transactions;
Not disclose any information received from the Client during its activities to any third party without the Client’s prior consent, except for notifications given pursuant to these Terms and Conditions, and not use such information for its own benefit or that of any third party if it conflicts with the Client's interests. This obligation survives the termination of the contractual relationship between the liquidity provider and the Client.
2.2. The Client is required to:
Submit orders to the liquidity provider only via agreed telephone number(s) or through the CME Direct / Block trading systems ;
Modify or cancel any orders solely via agreed telephone number(s) or through the CME Direct /Block trading systems trading systems;
Provide the Broker with all necessary information for its activities in a timely manner;
Assist the liquidity provider as required during its activities; and
Pay the agreed commission to the LP for any financial transactions concluded with counterparties procured by the Broker in a timely manner.
Article 3 - Client's Orders
3.1. Any order submitted by the Client to the LP via agreed telephone number(s) or via CME Direct Block the system must include:
Financial transaction type;
Client’s (trading) position within the specific financial transaction;
Financial transaction Executime Stamp
Financial transaction amount and currency, or amounts and currencies, if required by the nature of the transaction;
Financial transaction maturity, unless evident from the nature of the transaction.
Article 4 – Commission ( Profit)
4.1. The Liquidity provider is entitled to the commission only if the Client executes a financial transaction
4.2. The agreed commission covers all costs incurred by the Broker in connection with the financial transactions.
4.3. Commissions for financial transactions executed during a calendar month are due and payable based on an invoice issued by the Broker after the month ends. Each invoice must be paid within 14 days of delivery to the Client.
4.4. If the Client delays settling their financial obligations to the Broker, the Broker is entitled to default interest of 0.05% of any outstanding amount for each day of delay. This obligation arises irrespective of whether the creditor has met its obligations. Default interest accrues and becomes payable daily, without a demand notice from the creditor.
4.5. Any VAT-subject fee or payment under this agreement must be paid via bank transfer to the Broker's account, as communicated to the Client for this purpose.
Article 5 - Communication and Contact Information
5.1. All Client correspondence must be addressed to the Broker at:
Mantha GmbH
Postal address:
4 Avenue Calas
1204 Geneva
Switzerland
Contact person(s): Lucas Marzorati,
tel.: +41 79 277 21 18
5.2. All Broker correspondence to the Client will be sent to the address notified to the Broker. The Client must provide the Broker with their current and valid delivery address, phone number, email address, and contact persons, and keep this information updated.
5.3. Correspondence is deemed delivered if:
Delivered in person or by a messenger and signed for;
Sent as registered mail to the above addresses and signed for;
Acceptance is denied, or the correspondence is returned as undeliverable;
Sent by email to the provided address.
5.4. For regulatory reasons, all phone and electronic conversations may be monitored and recorded.
Article 6 - Duration of the Contractual Relationship and its Termination
6.1. The contractual relationship between the Broker and the Client is indefinite.
6.2. The relationship may be terminated by agreement or by written notice for any reason or no reason. The notice period is one month, starting on the first day of the month following delivery of the notice.
6.3. Neither party can withdraw from, cancel, or unilaterally terminate the agreement or these Terms and Conditions except as provided by statutory law or explicitly stated in these Terms and Conditions.
Article 7 – General and Final Provisions
7.1. The Client acknowledges that all financial transactions arranged by the Broker under these Terms and Conditions are executed on the Client's behalf and account, and they are aware of the associated risks.
7.2. The Client acknowledges that the Broker is not liable for the counterparty's creditworthiness or ability to fulfill their obligations.
7.3. The Client acknowledges that the Broker may unilaterally amend these Terms and Conditions as necessary. Each updated version will fully replace the preceding version. Any changes will be communicated to the Client at least 30 days before their planned effectiveness, unless otherwise agreed. If the Client disagrees with the changes, they may notify the Broker in writing or via email before the modification's effective date to start an amicable negotiation.
7.4 The rights and obligations under the agreement and these Terms and Conditions will be interpreted according to the literal meaning of each provision.
7.5. Customary business practices, whether generally observed or specific to the industry, will not be considered. 8.6. The contractual relationship and these Terms and Conditions are governed by Swiss law, particularly the Civil Code. Swiss courts have exclusive jurisdiction over disputes arising from the contractual relationship. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules in Act No. 91/2012 Coll., the International Private Law Act, are excluded.
7.6. The contractual relationship and all related information and documents, including those provided during negotiation, are confidential. The parties will not disclose confidential information to third parties or use it contrary to its purpose without prior written consent. They will take necessary measures to prevent unauthorized use or disclosure. Confidential information may only be disclosed when required by law or a competent public authority or if it has become public for reasons other than a breach of this agreement. It may also be disclosed to third parties within a group of companies, statutory and other bodies, managers, employees, and advisors, provided they protect and treat the information under the same conditions.
7.7. Neither party can assign any receivable or part thereof to a third party without prior written consent. Rights and duties under this agreement cannot be assigned to a third party without prior written consent.
7.8. The Broker is not liable for unforeseeable damages at the time of the agreement. The Broker is also not liable for non-material injury under Section 2971 of the Civil Code. Unless otherwise agreed, compensation for damages or injuries caused by failure to meet obligations will be in money.