General BARX™ Services Usage Guidelines

Welcome
Welcome to BARX. Please read these usage guidelines, which contain important information relating to your usage of BARX Services. These usage guidelines are intended to supplement the BARX Terms.

Where to Get Help
If you are an existing BARX client and require assistance from our support team, please contact us using the relevant numbers here.

Getting Access
Your firm should provide Barclays with the name of a central contact, the “Security Administrator” to act as a point of contact on administrative and other queries about your use of BARX. We will also need the names and contact details and domicile of people whom your firm wishes to use the BARX Service as “Authorised Users”. The Security Administrator or any Authorised User may notify us of changes to the list of Authorised Users.

For our Proprietary BARX Services, we will provide each Authorised User with a Logon, including sending them a password to allow them to access the BARX Service.

Your firm is responsible for ensuring that only Authorised Users access and use the BARX Services from its systems.

Authorised Users
We treat any Instructions appearing to come from a Logon as valid, therefore it is important that your firm notifies us in writing of any changes regarding Authorised Users, for example when a colleague leaves or changes role. If your firm wishes to terminate access for any given Authorised User, your firm may do so only by contacting a member of our Client Services Group by telephone (at the relevant number shown above in “Where to get Help”) advising us to disable access for such Logon.

We will endeavour to respond to any request to disable access for any Authorised User or compromised Logon as soon as reasonably possible after receipt of such telephonic communication; however, you will remain liable for use of any Logon until we have completed the process of disabling such Logon.

Keeping You and Your System Secure
Your firm’s information technology systems (your “IT System”) must support your access to the BARX Services. We may ask your firm to run certain IT System tests, or to provide us with IT System information in connection with your use of the BARX Services.

Please ensure that each Logon is only used by the relevant Authorised User and is kept secure and confidential. Please do not share Logons. Please do not record Logons.

Please inform us immediately if any Logon has been lost, disclosed or compromised, or if you believe that any Logon has been used in an unauthorised manner.

We implement reasonable IT security measures, and we require that your firm do the same, including taking reasonable steps to:

have firewalls and similar security measures in place;
ensure physical security of its system (amongst other things, please ensure that users of BARX Services lock their workstation when away from their desk);
ensure that its IT System (to the extent it is connected to or might compromise any BARX Service) is and remains virus free;
ensure that it has the fastest possible internet connection in order to minimise delays in communications and to assist stable data exchange.

We may send a digital certificate to each Authorised User‘s computer for security and verification purposes. You may not alter that certificate or copy it, including to any other computer or communication device and you are solely responsible for safeguarding the security and confidentiality of any digital certificate sent to you and shall be responsible for its use. Your firm is responsible for any third party provider you or it uses in connection with your firm’s IT System or telecommunications.

If you have problems with your firm’s IT system, and such problems are reasonably likely to adversely affect any BARX Service you must inform us as soon as reasonably possible.

Limits on Using BARX Services
We have provided your firm with access to the BARX Services in order to enable you to trade with or through Barclays. Only Authorised Users may access the BARX Service. You may not pass on any pricing or other information from the BARX Services to other parts of your business, or access or allow access to the BARX Services for any reason other than using the BARX Services.

FIX and Black Boxes
You need to ask us before using any high speed or automated mass data entry system, (commonly called a “black box”) with any of the BARX Services.

If you or your firm communicate with BARX Services through any interface protocol, such as FIX (Financial Information Exchange), those communications will be subject to any rules of engagement we provide to you or otherwise agree in writing. You need to carry out testing on any interface protocol before using it in a live environment, and you are responsible for any problems or failures.

Algorithms
We may offer you the use of algorithms which can be used to predetermine a trading strategy. You should ensure that the algorithm is appropriate for your firm’s or, as applicable, your client’s needs. Algorithms, like other BARX Services, are provided “as is”; in particular you should be aware that algorithms may not function properly or as expected if there are anomalous trading conditions. The effectiveness of algorithms may depend on the validity of the assumptions underlying them. You may use algorithms only where allowed by Applicable Regulations. The output of any algorithm is not investment advice or a recommendation as to the suitability of any investment or proposed transaction through any BARX Service.

Messaging
If you use any messaging service in connection with the BARX Services, remember that you may not use such messaging features to transmit inappropriate information, including information that is reasonably likely to be deemed obscene, libellous, harassing, slanderous, fraudulent, false or malicious.

Third Party Providers
Barclays uses third party providers in connection with the BARX Services. Sometimes we will inform you of rules or terms and conditions imposed by those third party providers and we require that you and your firm comply with them. This is important for your continued use of the BARX Services.

Market Data
Often we utilise the services of third party market data providers, whom we do not control and who do not offer assurances that the information is accurate. Accordingly, any information we display through the BARX Services is provided on an “as is” basis, and we cannot guarantee its accuracy or completeness. Additionally, it is only provided for use in connection with the BARX Services, and it is important that you do not disclose that information to anyone else, or use it for any other purpose.

Regulatory matters
In order to use the BARX Services, you are obliged to comply with all Applicable Regulations.

United States Clients
Your use of the BARX Services must comply with all Applicable Regulations and with the policies and practices of securities and futures exchanges and clearing houses, alternative trading facilities, and self-regulatory organisations, including rules regarding short sales under U.S. securities laws (e.g., Securities and Exchange Commission Rule 10a-1). Further, you must provide us with all terms and conditions relevant to your orders, designate any of your short sales as such and locate the borrow of shares prior to placing any short sale orders with us, all in accordance with applicable law. If you use any BARX Service to effect transactions in securities that your firm or your firm’s affiliates issued or, if your firm is a broker-dealer, investment manager or investment adviser and are acting on behalf of a customer, in securities which the customer or the customer’s affiliate issued, such transactions will comply with Applicable Regulations regarding transactions in securities by issuers and affiliates. Prior to entering an order, you will advise us of any legal restrictions on the transfer of any securities you sell (including, but not limited to Rule 144 or 145(d) under the Securities Act of 1933) and you will provide any necessary documents to us (including prospectuses or opinions) to satisfy all legal transfer requirements. Your firm is responsible for any delays, expenses and losses associated with compliance or failure to comply with any restrictions on the transfer of securities.

Indian Clients
If you are domiciled or incorporated in India, your use of a BARX Service must comply with all the guidelines issued by the Reserve Bank of India on internet-based services for foreign exchange-related transactions. We will provide Indian clients with a risk awareness letter. If you are an Indian client, you undertake to provide us with a signed copy of that risk awareness letter promptly.

Trade Marks
“BARX”, “Barclays”, “Barclays Capital” and “The Trader’s Best Friend” are trade marks or registered trade marks of Barclays Bank PLC and/or its Affiliates.

Terms of Use apply
Your use of the BARX Services is also subject to the BARX Terms (or any prior version thereof agreed between your firm and us). Nothing in these usage guidelines, alters the BARX terms or such prior version, as applicable. You will also comply with the various legends, disclaimers and other restrictions displayed on any particular BARX Service.

Definitions
Any capitalised terms are as defined below:

“Affiliates” means any entity controlled directly or indirectly by, or under common control with, Barclays Bank PLC

“Applicable Regulations” means any applicable laws, rules and regulations (including any rules, policies, practices of a relevant Regulator) from time to time.

“Authorised User” means the person(s) and/or system(s) for whom Client[you] or any Authorised User requests access to a BARX Service, which request may be by email, phone, in person or in writing and to which we provide such access or a Logon.

“Barclays”/“We”/“Our”/“Us” means Barclays Bank PLC and its Affiliates

“BARX Service” any electronic commerce, messaging or information service provided by or routing to Barclays (directly or via a third party, e.g. Bloomberg), whether or not branded BARX (including any trading, algorithmic calculation or trading, routing, clearing, settlement, matching, communications or reconciliation services).

“Client”/“You”/“Your” means the Authorised User and the firm on whose behalf that Authorised User is acting.

“Logon” means any PIN, digital certificate, password, authentication code or other data or device that enables access to a BARX Service.

“Proprietary BARX Services” means any BARX Service wholly owned and controlled by Barclays excluding in any event any services provided by a third party (e.g. via Reuters or Bloomberg).

“Regulator” means any regulator, self-regulatory body, exchange, clearing house, alternative trading system, electronic communications network or similar entity to whose rules or regulations we or Client is subject in respect of a BARX Service.

Barclays Capital — the investment banking division of Barclays Bank PLC. Registered in England 1026167. Registered office: 1 Churchill Place, London E14 5HP, England (tel +44 20 7773 0232). Authorised and regulated by the Financial Services Authority and a member of the London Stock Exchange.

Barclays Bank PLC undertakes US securities business in the name of its wholly-owned subsidiary Barclays Capital Inc., a SIPC and NASD member.