Client Terms and Conditions
1. Introduction
These Terms and Conditions (“Terms”) govern the relationship between KDT Partners Ltd & Red Consulting SARL (“RedFX”, “we”, “us”) and the undersigned client (“Client”, “you”).
2. Regulated Services and Disclosures
RedFX payment and foreign currency exchange services (the “Services”) are provided by certain third party non-bank foreign exchange and international payments institutions (the “Fulfilment Provider”), each being a regulated money service business (“MSB”). RedFX acts as the programme manager for the Fulfilment Provider. By engaging RedFX and conducting transactions through the Fulfilment Provider’s online platforms, you acknowledge and agree to these Terms.
3. Our Role
3.1 RedFX acts solely as an introducing broker and programme manager in relation to the Services provided to you by the Fulfilment Provider.
3.2 RedFX may:
• Assist with onboarding the Client, including collection and submission of Client documents and information to the Fulfilment Provider.
• Provide Client support and communication in relation to the Services.
• Relay Client instructions and, when authorised, execute transactions on the Fulfilment Provider’s platform on behalf of the Client.
3.3 RedFX does not:
• Hold or manage Client funds.
• Provide investment, legal, or tax advice.
• Assume or accept any responsibility for the delivery of the Services including, without limitation the execution or settlement of transactions, which responsibility rests solely with the Fulfilment Provider as the regulated MSB.
4. Fulfilment Provider’s Role
4.1 The Fulfilment Provider is the exclusive provider of the Services to you, including all payment and foreign currency exchange transactions, together with all related financial services.
4.2 Except for the responsibilities of RedFX specifically provided herein, your contractual relationship for the Services you receive is direct with the Fulfilment Provider. The Fulfilment Provider is responsible for execution, settlement, safeguarding of funds, and all regulatory compliance obligations applicable to the Services.
4.3 RedFX does not guarantee any aspect of the delivery of the Services to you by the Fulfilment Provider.
5. Client Responsibilities
5.1 You agree to provide accurate and complete information to RedFX as required for the proper onboarding of you as a Client of the Fulfilment Provider and in connection with ongoing compliance purposes.
5.2 You may execute transactions and payments directly through the Fulfilment Provider’s online platform. RedFX may, when instructed by an authorised representative of the Client, execute transactions and payments on the Fulfilment Provider’s platform on their behalf. Any such instruction given to RedFX shall carry the same authority and effect as if the Client had executed the transaction directly within the Fulfilment Provider’s platform. RedFX does not accept responsibility for the execution of such instruction. For compliance and record-keeping purposes, all Client instructions must be communicated via email or recorded telephone lines.
Disclaimer: Notwithstanding that RedFX executes transactions on the Client’s behalf within the Fulfilment Provider’s online platform, the regulated entity responsible for carrying out those transactions is the Fulfilment Provider. All contractual and regulatory obligations in relation to execution, settlement, and safeguarding of Client funds rests solely with the Fulfilment Provider.
6. Limitation of Liability
6.1 RedFX will act with reasonable care in performing its role as introducing broker and programme manager.
6.2 RedFX shall not be liable for any losses, damages, costs, or claims arising from the Fulfilment Provider’s actions or omissions in connection with the provision of the Services, including but not limited to execution of transactions or safeguarding of funds.
6.3 IN NO EVENT SHALL REDFX BE LIABLE TO THE CLIENT, ITS REPRESENTATIVES OR TO ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OF WHATSOEVER NATURE (INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS, LOST PROFITS, DAMAGE TO GOODWILL OR REPUTATION) WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, FAILURE TO WARN OR STRICT LIABILITY), CONTRIBUTION, INDEMNITY, SUBROGATION OR OTHERWISE.
7. Data Protection
7.1 RedFX may collect and share your personal or business information with Fulfilment Provider solely for onboarding, compliance, and servicing purposes.
7.2 RedFX will handle your information in accordance with applicable data protection laws.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales. The parties hereby irrevocably attorn to the jurisdiction of the courts of England and Wales with respect to the adjudication of any matter relating to these Terms.
Deemed Acknowledgement and Acceptance
By engaging in any payment and/or foreign currency exchange transaction conducted on a Fulfilment Provider’s platform, you are deemed to have accepted these Terms.