FXCess can cancel your profits when it decides you took part in what it calls Abusive Behaviour. Its own list includes failing to reply to an email for 15 days or more. Clause 28.8 also lets it offset losses against accounts it treats as linked to yours.
Why this matters
Go quiet for two weeks and you hand FXCess a reason to void what you made. The decision is its own, at its sole discretion, and clause 28.8 sets out no appeal.
Exhibit 1Every flagged clause gets its own number so you can point at this one. The number does not change, so a link to it keeps working.CriticalHow much this clause can cost you, in our reading. Critical can take your money or your profit. Warning can delay or limit it. Notice is simply worth knowing before you sign.Rarely seenHow ordinary this wording looks next to the contracts we read. This is our reading of the clause, not a count of other brokers.15 daysThe figure this clause puts a number on, taken from the broker's own words.
In case the Company in good faith has reason to believe that a Client (whether individually or as part of a group) has participated in Abusive Behaviour as defined below, then the Company is entitled at its sole discretion, to: (i) cancel any profits, as well as any Introducing Broker’s fees, generated from Abusive Behaviour, (ii) to offset any resulting losses against related/hedged winning accounts
Our readingOur own comment on the clause, not the broker's words. Anything we quote is marked as a quotation.Profit cancellation clauses usually turn on trading conduct alone. This one puts a missed email in the same list. An administrative lapse then costs you what risk free arbitrage would.
- Worse together with Exhibit 9Read these two clauses together. Each one costs more because the other exists.Treating your accounts as one account is what makes offsetting against a winning account possible.
- Worse together with Exhibit 6Read these two clauses together. Each one costs more because the other exists.Three separate clauses let FXCess reach back into trades that are already closed.

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