The following sets out the terms and conditions under which online services are provided. Upon acceptance by you, it will constitute a contract, legally binding and enforceable with the laws and practices of Ireland. Read it carefully and if you have any queries please contact us for clarification.
Terms of Business
Octagon Online Services, Ltd. ("Octagon") provides professional calibre online trading software and services to qualified clients desiring to trade the U.S. securities and options markets. Clients are provided direct access to NYSE, AMEX and NASDAQ stocks and options in real-time via online software application. Octagon seeks to attract active investors who demand rapid trade execution, rapid trade confirmation, personalised support and the best trading platform in the market.
Online Trading Services
Octagon assists clients in opening a U.S. based brokerage account. An account is established by filling in a new account agreement and depositing monies via wire transfer directly to the client's new brokerage account. Octagon does not accept or hold any client monies. Once the account has been established client is solely responsible for the selection, routing and execution of orders.
Software is provided to execute trades directly from clients personal computer via secure Internet connection. Client initiated orders are routed electronically and executed on the appropriate exchange. Each client is provided a unique account number and security credentials (id/password) to access their account. The account number is referenced and attached to all transactions. Client account information including balances and order status are updated in real-time.
Investment Objectives, Finances and Experience
To assess client suitablility you are required to provide Octagon with investment objectives, personal financial data and prior investment experience when completing a new account application.
Fees and Commissions
Fees and commissions, subject to change, are posted on the company web-site at http://www.octagononline.ie
Trade Execution
Trades are executed on-screen in real time. Clients may also place a trade by calling the U.S. trade desk directly. Note: there is an additional commission charge when calling the trade desk.
Trade Confirmation
Trades are executed and confirmed on-screen. A history of all trades is available. Paper confirmations can be obtained for a fee as outlined on the company web site. Monthly statements are also available electronically detailing all account activity for the period covered by the statement.
Contact & Helpline
Please access the company web site for the most current contact information.
Post: Octagon Online Services Limited, 8 Cecelia St, Dublin 2, Ireland *Clients are responsible for their own postal and phone charges to contact Octagon's Dublin based Helpline or the U.S.-based Trade Desk including international phone charges when calling the Trade Desk. Continuity of Service Client acknowledges that PC functionality and internet connectivity are solely the responsibility of the client. Client is aware that they should call the trade desk directly in the event of any inability to access their account online. These include but are not limited to PC failure, internet failure and any and all software failure. Margin Client agrees that his or his account is subject to the rules governing margin accounts. Client further agrees that he/she has read and understands the Maintaining Your Margin Account document on the company web site. In general, in the event a client's margin account balance falls below a fixed dollar minimum i.e. US$2,000 or the minimum percentage equity value, i.e. 35% of the current market value of all account positions or 40% in the case of a concentrated position, the client will be issued a margin call. Octagon will make every effort to inform the client of a margin call via phone and e-mail. All required client actions are outlined in the "Maintaining Your Margin Account" document available on the company website. Default Remedies In the event of default by Octagon or Track Data Securities, client may elect to transfer his or her account to another brokerage using that brokerages account transfer forms or redeem their account balance by initiating a wire transfer. Client may also be entitled to Investor Compensation. In the event of default by client where client incurs losses greater than monies available in client's margin account, client is responsible for repayment of the losses in full to Octagon. Octagon reserves the right to initiate such repayment action via litigation if necessary. Investor Compensation (Ireland) CENTRAL BANK OF IRELAND, Securities and Exchanges Supervision Under Section 38(1) of the Investor Compensation Act 1998, the firm is required to ensure that in it's terms of business or in any documentation which may be used by the firm and which is acknowledged in writing by the client, that it informs actual intending clients of the following concerning investor compensation: a) That the Investor Compensation Act 1998 provides for the establishment of a compensation scheme and the payment, in certain circumstances, of compensation to certain clients (known as eligible investors) of authorised investments firms, as defined in the act: b) That the firm is a member of that compensation scheme. c) That compensation may be payable where money or investment instruments owed or belonging to clients and held, on in the case of investment instruments,administered or managed by the firm, cannot be returned to those clients for the time being and there is no reasonably foreseeable opportunity of the firm being able to do so; d) That a right to compensation will arise only: (a) If the client is an eligible investor as defined in the Act; (b) If it transpires that the firm is not in a position to return client money or investment instruments owed or belonging to clients of the firm; and (c) To the extent that the client's loss is recognized for the purpose of the Act; e) That where an entitlement to compensation is established, the compensationpayable will be the lesser of: (a) 90 per cent of the amount of the client's loss which is recognized for the purpose of the Investors Compensation Act 1998; or (b) compensation of up to EUR 20,000. Investor Compensation (United States) Customer accounts are covered up to $500,000 (including $100,000 for cash claims) by the Securities Investor Protection Corporation (SIPC), which protects securities customers of its members. An explanatory brochure is available upon request or at www.sipc.org. In addition, customer accounts have supplemental protection of $24,500,000 (including $900,000 for cash claims), purchased through Lloyd's of London. Lloyd's, which has been in business since the 17th century, operates in 120 countries and is the second largest commercial in the world. Notes: SIPC does not cover commodity contracts and options on futures. SIPC and supplemental coverage do not protect against market loss i.e. protection is not applicable in the case that the market value of your securities declines. For further explanation on available coverage, speak to an Octagon representative. Conflict of Interest Octagon is not an advisory service; therefore "conflict of interest" is not an issue. It is our clear aim to provide a platform for clients to select and execute trades independently. Capital Gains Tax Gains which result from the sales of shares may, depending on your individual circumstances, be taxable in the year of sale under the provisions of the Capital Gains Tax Act 1975. As Octagon does not offer tax advice, you are strongly advised to consult a qualified tax advisor. Risk Warnings Most forms of investment involve risk as to security of capital, certainty of income and liquidity. It should be remembered that the value of investments may decrease as well as increase due to the volatile nature of stock market investment. Clients must read, understand and acknowledge the Central Bank Risk Disclosure Statement for Margined Transactions. Additionally day traders must read, understand and acknowledge the Day Trading Risk Disclosure Statement. Both statements are available on the company web site. Confidentiality We will not disclose any client information provided, except as permitted by this agreement, or as required or permitted by law or any applicable regulations, rules, or practices of any market on which the investment is acquired. Complaints Octagon and our employees will exercise all reasonable care and diligence in our dealing with you. In the unlikely event that you are not satisfied with any aspect of the service you receive from us, please inform us immediately. We have an internal complaint procedure and will deal with your complaint promptly. Please address your correspondence to: Compliance Officer, Octagon Online Services, 8 Cecelia St, Dublin 2. If the complainant is not satisfied with the outcome of the in-house investigation he/she has the right to refer the matter to the the Irish Financial Services Regulatory Authority. Verification Octagon reserves the right to request or undertake to obtain appropriate verification of any information provided or declarations made in connection with the opening and operation of the account. Changes Octagon agrees to notify client in writing if there are any changes to the terms and conditions stated herein. Client agrees to notify Octagon immediately if there is any material change to the information provided in any of the application forms. Records A copy of the client agreement will be held on file in our offices for a period of 5 years or longer after the last transaction. A full record of all client transactions and statements will be held on file for 5 years or longer after the last transaction and is available for review by the client to whom they exclusively pertain. Disclosure Octagon is required by the Central Bank of Ireland to ensure that each prospective client understands and acknowledges: a) that Octagon is not authorised to handle or control client money or client investment instruments; b) the legal regime applying to the institutions with whom the client will be opening their account may be different to that of Ireland and that in the event of a default of such institutions his/her assets may be treated differently from the position which would apply if the assets were held in an institution in Ireland and different investor compensation arrangements may apply; c) that the regulatory regime applying to the institution with whom the client account is held may be different to that of Ireland; and d) that the client should consider taking independent legal advice if he/she is concerned about the implications of (b) and (c) above before concluding an agreement with Octagon/Track Data Securities Corporation and clearing firm Penson Financial Services. Definition: Liquid Net Worth is defined as "the total value of all credit balances and deposits (less charges, pledges and short term borrowings), quoted investments or other investment products capable of being liquidated within 10 business days"
Email:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Phone: 01 872-2680
Fax: 01 872-2678
Helpline: 01 872-2680 available 9:00am - 6:00pm GMT
Trade Desk: available 1:30pm - 2:00am GMT i.e. 7:30am to 8:00pm U.S. market time (See client agreement for phone no.) *Important: Clients are advised to call the Trade Desk to facilitate order entry in the event client is unable to access his or her account online for any reason.






