Term and Conditions
Μανθάνειν ἐστί νίκη ("To learn is to conquer")
Article 1 – Initial Provisions
1.1. These Terms and Conditions define the basic terms and rules for executing financial transactions between Mantha GmbH (the "Firm") and its counterparties (the "Counterparty").
1.2. The Firm will execute financial transactions using its own funds based on the Counterparty’s instructions, and the Counterparty is required to pay commissions to the Firm for these transactions, subject to these Terms and Conditions.
1.3. Unless otherwise agreed by the parties or stated in these Terms and Conditions, the Firm is not permitted to enter into any transactions on behalf of the Counterparty or perform any legal acts on the Counterparty's behalf.
1.4. The Firm is not an exclusive trading partner for the Counterparty, who may use other third-party brokers or trading firms for the same activities. The Firm may also execute transactions with other counterparties.
1.5. The Counterparty may designate sub-brokers, market makers, or affiliates (the "Authorized Parties") to interact with the Firm on its behalf. The Counterparty shall provide the Firm with a written list of Authorized Parties and any applicable trading limits. The Counterparty remains fully responsible for all transactions executed by its Authorized Parties with the Firm.
Article 2 – Parties' Obligations
2.1. The Firm is required to:
Perform all activities related to the agreement with the Counterparty honestly, professionally, and in good faith;
Accept and comply with the Counterparty’s transaction requests;
Keep the Counterparty informed of all necessary information related to executed transactions;
Monitor its trading activities and seek suitable counterparties for its own account;
Provide the Counterparty with relevant transaction information and materials;
Not disclose any information received from the Counterparty to any third party without the Counterparty’s prior consent, except for notifications given pursuant to these Terms and Conditions or as required by law, and not use such information for its own benefit in a manner that conflicts with the Counterparty's interests. This obligation survives the termination of the contractual relationship between the Firm and the Counterparty.
2.2. The Counterparty is required to:
Submit transaction requests to the Firm only via agreed telephone number(s) or through the CME Direct/Block trading systems;
Modify or cancel any transaction requests solely via agreed telephone number(s) or through the CME Direct/Block trading systems;
Provide the Firm with all necessary information for executing transactions in a timely manner;
Cooperate with the Firm as required during the execution of transactions;
Pay the agreed commission to the Firm for any financial transactions concluded with the Firm in a timely manner;
Ensure that all Authorized Parties comply with these Terms and Conditions and the Firm’s policies.
Article 3 – Counterparty's Transaction Requests
3.1. Any transaction request submitted by the Counterparty or its Authorized Parties to the Firm via agreed telephone number(s) or via CME Direct/Block system must include:
Financial transaction type;
Counterparty’s (trading) position within the specific financial transaction;
Financial transaction timestamp;
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.
3.2. For block trades, the Counterparty or its Authorized Parties must also provide any additional details required by the Firm, including settlement instructions.
Article 4 – Commission
4.1. The Firm is entitled to the commission only if a financial transaction is executed between the Firm and the Counterparty.
4.2. The agreed commission covers all costs incurred by the Firm 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 Firm after the month ends. Each invoice must be paid within 14 days of delivery to the Counterparty.
4.4. If the Counterparty delays settling their financial obligations to the Firm, the Firm is entitled to default interest of 0.05% of any outstanding amount for each day of delay. This obligation arises irrespective of whether the Firm has met its obligations. Default interest accrues and becomes payable daily, without a demand notice from the Firm.
4.5. Any VAT-subject fee or payment under this agreement must be paid via bank transfer to the Firm's account, as communicated to the Counterparty for this purpose.
Article 5 – Communication and Contact Information
5.1. All Counterparty correspondence must be addressed to the Firm 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 Firm correspondence to the Counterparty will be sent to the address notified to the Firm. The Counterparty must provide the Firm 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 and internal compliance 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 Firm and the Counterparty 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.
6.4. The Firm may terminate this agreement immediately in the event of a material breach by the Counterparty, subject to a 10-day cure period.
Article 7 – General and Final Provisions
7.1. The Counterparty acknowledges that all financial transactions executed with the Firm under these Terms and Conditions are conducted on the Firm's own account, and the Counterparty is aware of the associated market risks.
7.2. The Counterparty acknowledges that the Firm is not liable for the Counterparty's creditworthiness or ability to fulfill their obligations.
7.3. The Counterparty acknowledges that the Firm 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 Counterparty at least 30 days before their planned effectiveness, unless otherwise agreed. If the Counterparty disagrees with the changes, they may notify the Firm 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 unless explicitly incorporated into these Terms and Conditions.
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 Firm is not liable for unforeseeable damages at the time of the agreement. The Firm is also not liable for non-material injury under Section 2971 of the Swiss Civil Code. Unless otherwise agreed, compensation for damages or injuries caused by failure to meet obligations will be in money.
7.9. The contractual relationship and these Terms and Conditions are governed by Swiss law, particularly the Civil Code. Disputes arising from the contractual relationship shall be finally resolved by arbitration under the International Chamber of Commerce (ICC) Rules of Arbitration. The seat of arbitration shall be Geneva, Switzerland, and the language of the arbitration shall be English. Swiss courts have exclusive jurisdiction over any disputes not resolved by arbitration.
7.10. The Firm shall provide written confirmation of all transactions, including block trades, within 24 hours of execution.

