Parties to this agreement
This Agreement is a contract between you (“You”, “Your” Principal) and Ace Trading Group (“Ace Trading Group”, “We”, “Us”, “Our”) (each individually as “Party”, and collectively the “Parties”. This Agreement governs your non-transferable (unless with our prior written consent) use of the Ace Trading Group website, and any features and products that Ace Trading Group may make available to You through the Ace Trading Group website (collectively, the “Platform”). We may transfer or assign this Agreement, and any rights under this Agreement, to a third party without notice to you or without your consent.
Whereas.
This agreement outlines the terms and conditions (the “Terms”) between the “Principal”, (“You” or “Your”) and Ace Trading Group (Agent, the “Company”, “We”, “Our “or “Us”) under which you agree to invest in cryptocurrency through the Company’s platform. You confirm and accept this agreement by creating an account and signing a copy of these Terms by ticking the “I accept the terms and conditions”; you hereby adopt the good sign as your electronic signature. You should read these Terms carefully before making an online application or signing a copy of them and you should retain a copy for future reference. By signing electronically, you also agree to our Terms of Use, Privacy Policy. Ace Trading Group is a Portfolio Management Company. You have indicated interest to invest in the Forex Market. You will provide the capital to be invested in our Forex trading and related activities for upside via your private portfolio.
1. Definition
1.1 In this agreement, the terms: “You”, “Your”, shall mean the Principal while “We”, “Us” and “Our” “Agent shall mean Ace Trading Group, and following an assignment, any person, company or bank to whom the rights and/or obligations of Ace Trading Group have been assigned.1.2 Parties: means Ace Trading Group and the client.1.3 Ace Trading Group” also referred to as “Portfolio Management Company”.1.4 Upside: This refers to the potential returns on investment (ROI).1.5 Termination: occurs where the investor decides not to continue with his investment..1.6. Margin Call/Liquidation Limit: Is the set level to limit the losses the investor will likely incur. 1.7 Representations and warranties: are statements and promises made by you to the Company, which we rely on as being accurate in our dealings with you.1.8 Volatility: means the increase or decrease of Forex pairs value which affect the rate of returns and lead to a potential gain or loss.1.9 Portfolio Management, Trading and Performance Fees: Fee to be paid to the portfolio manager for services rendered.
2. Client’s KYC Identification (in line with our AML and CFT)
As part of the account opening requirements, you will be requested to provide personal identification information about yourself. We will use this information to verify your identity using a number of electronic checks. You agree that we may pass your personal information to our Service Providers or any other recognized third-party company solely for the purposes of verifying your identity, performing anti- money laundering checks and fraud prevention. Where we are not satisfied with information provided to us, we are at absolute liberty to request for more information or reject your application.
3. Commencement.
This Agreement becomes effective at the time and day you register/signup on our platform; and remain in force on your continuous use of our services.
4. Appointment of the Portfolio Manager.
You hereby appoint Ace Trading Group as a Portfolio Manager and Portfolio Trader to provide services in accordance with the provisions of this agreement.
5. Investment objectives and guidelines.
(a) The sole objectives of this investment in Forex Market by you, is for the Portfolio Manager to use their expertise in the Forex market space to grow your Equity and ultimately make Profits. (b) The Portfolio Manager will employ their expertise and use their best judgment to trade with a view to achieving the investment objective subject to clause 24.
6. Functions of the Portfolio Manager.
The main function of the Portfolio Manager as under this Agreement is: (a) Portfolio Manager, Forex Trader. (b) To deploy and manage Principal’s Portfolio, in such manner that will enable the Principal earn Profits on their Equity subject to market conditions. (c) To take such steps as may be necessary, incidental, ancillary or conducive to the fulfillment of the objectives. (d) In performing its management duties to the Principal, the Portfolio Manager shall be required to exercise the due care, professional competence and judgment ordinarily expected from a service provider of its standing.
7. Portfolio Manager Fees Structure.
a) Sign up/booking fee:
i. The Sign up/Booking fee to be paid to the Portfolio Manager by the Principal shall be 2% (two percent) of the Total Equity or portfolio balance and 1.5% of new additions (addition of new fund) to the portfolio by the Principal. This payment shall be before account details is sent to the Agent for trading by the Principal.
ii. The sign up or booking fee shall be paid to the wallet address provided by the Agent.
b) Performance Fees (Profit Split):
i. Performance Fees is 50% of the total generated profit at the agreed period of time by the Principal and Agent.
c) Desk/Hotel Fees.
The Desk/Hotel fee shall be 1% of the total trading value, (equity plus upside).
Desk fees covers for the trading devices, internet and cost of where the Agent stays at the point of trading.
8. Return on Equity.
i. Target Returns on Equity is a floating rate of 20-40% before profit split or 10-20% after profit split within a monthly calendar projection.
9. Margin Call/Liquidation Limit
Margin Call/Liquidation Limit is a risk limit or permitted point of liquidation of trading activities in negative downside which is -40%, therefore Principal gets a balance of 60%.
In occasions that the Agent blows up the account by 100%, the Agent is required to Refund 60% back. By signing this agreement the Principal is instructing the Agent to have a risk of 40%.
10. Undertaking.
i. The Principal hereby undertakes to pay the Portfolio Manager his fee for the Services rendered in line with this agreement.
ii. The Principal hereby authorizes the Portfolio Manager to stick to a risk limit of -40%.
11. Portfolio Manager’s Powers, Duties, and Obligations
i. The Principal hereby authorizes the Portfolio Manager to engage in such acts on behalf of the Principal as may be incidental or consequential to the discharge of its responsibilities under this Agreement.
ii. The Portfolio Manager shall provide a monthly progress report in respect of this investment.
iii. The Portfolio Manager shall in good faith act individually, independently, and at its discretion manage the Equity of the Principal in such a way as to achieve the objectives of this agreement.
12. Our Warranty
The Portfolio Manager warranty as follows:
i. It will act professionally, diligently and in good faith at all time in managing the investment of the investor
ii. It will at all time prioritize the preservation of the principal Equity sum, subject to clause 24 and 25
13. Investors Representations and Warranties
You represent and warrant that:
13.1 You have the legal capacity to enter into this agreement and you agree to this Terms of this agreement.
13.2 All personal information that you provide about yourself is accurate and true to the best of your knowledge.
13.3 You have carefully considered the risks you are exposed to and involved in before investing in the Forex Market through this Platform.
13.4 You are not breaching any laws or regulations that are applicable to you or any company, trust or partnership upon whose instructions you are acting.
13.5 Your source of fund is clean and is not from any money laundry/fraudulent sources.
13.6 You will not use this platform as a leeway to hide any illicit fund.
14. Access and Use
i. Our Platform is, at all times, subject to our Website Terms of Use, Disclosure and Privacy Policy.
ii. You confirm that you will only use our Platform for the purposes set out in these Terms.
iii. You confirm that you will not attempt to gain unauthorized access to our Platform and furthermore you will not attempt to use code or software to manipulate or automate functions available on the platform.
iv. You understand that we may store your IP address information and may monitor your use of the platform in accordance with our cookie policy.
v. Access to the Platform may be restricted at the discretion of the Company, particularly during periods of maintenance.
vii. Agent will on no account fund, set up or withdraw on behalf of the Principal.
15. Privacy and Terms
You confirm that you have read and understood the Company’s Privacy Policy and Terms of Use which provides information on how we use and store the personal information that you provide to us and you further acknowledge that the Company may amend and update this policy from time to time.
16. Third-Party Provider Services
Our Platform may offer you the option to enter into relationships and agreements with Third-Party Providers for access to additional services, as a condition to having access to those Third-Party service providers; you may be required to enter into an agreement with a Third-Party service Provider before you can access their services. You understand and undertake that we shall not have any liability for any issues that may arise between you and the third-party service provider.
17. Portfolio Security
17.1 You are responsible for ensuring the safety of your Portfolio broker/back office login details from third parties to avoid lose of funds from your equity balance or unauthorized access.
17.2 Ace Trading Group will never ask you for your Broker/Back office login details.
17.3 Ace Trading Group, its affiliates, officers, directors, employees, attorneys or agents shall not be liable with respect to, any claim for any special, indirect, incidental, consequential damages suffered or incurred by you in connection with, arising out of, or in any way related to, a breach of this Agreement or compromise.
18. App and Site Availability
While it is our intention that our platform will be available seven days a week notwithstanding our best effort in developing our platform (web and app), we do not guarantee that there won’t be network failure, network crashes, network glitches, network slowdown. In this instance, we will restrict access to some or all access to our platforms to enable us performs routine maintenance. You understand that we do not guarantee that you will always have access to the Platform.
19. Investment Advice
19.1 You understand and accept that we do not provide any financial advice, nor do we make any recommendations to you. The Company solely creates a platform for you to invest in the Forex Market. It is your sole responsibility to assess and ascertain your risk appetite (level) before taking the decision in using our platform and services.
19.2 We advise you to consider whether investing in Forex Trading meets your required risk levels and investment objectives, and you should only commit such funds that you are able to financially bear the risk of losing considering your other financial commitments.
19.3 By using our services, you confirm that you have the necessary experience and knowledge to understand the risks involved in Forex Trading investment, and you have consulted your personal legal, financial or investment advisor to assist you in understanding the risks involved. Past performance data should not be construed as indicative of future results.
20. Legal Notice and Amendment
i. This agreement supersedes any prior written or verbal communication or understanding. We may amend this Agreement from time to time. If we make any changes to this Agreement, we will notify you of such changes via the email address associated with your account, and on our platform.
ii. Where you have any objection to our amended/updated terms, you are at liberty to discontinue.
iii. Oral agreements shall not be used to review, alter or amend this document. All amendment shall be in writing.
iv. You agree that we may communicate with you by sending notices, messages, alerts, and statements in relation to this Agreement in the following manner:
(a) Text Message (SMS).
(b) Email: any email address provided by you during the application process.
(c) Telephone.
(d) By posting such notice on our website or through a display on your dashboard.
(e) Any Social Media platform you provide to us.
21. Confidentiality
Both Parties agrees that information disclosed before, during and after this agreement shall be confidential and shall not be used by either party for any purpose other than as specified in this Agreement or as required by law.
22. Dispute Resolution
The following procedures will be followed in any and all controversies or disputes arising out of or related to this Agreement or relations between the Parties (“Disputes”), which the Parties cannot informally resolve at an operational level.
i. The aggrieved Party shall notify the other Party in writing of the nature of the Dispute with as much detail as possible.
ii. The Parties shall use all reasonable endeavors to resolve amicably and in good faith any dispute arising out of or in connection with this Agreement.
iii. Any dispute remaining unresolved after 14 (fourteen) days of either Party giving to the other a written notice of the matter complained shall be referred to Arbitration whereby the Parties shall mutually agree on the appointment of a sole Arbitrator within 14 (fourteen) days from the expiration of the 14 days period for amicable settlement.
iv. The venue of the arbitration shall be discussed by both parties involved.
v. The language to be used in the arbitral proceedings shall be English.
vi. The Parties agree that the decision of the Arbitrator shall be final and binding on both Parties
vii. This clause shall survive the termination of this Agreement and shall accordingly apply at all times to disputes and differences of opinion existing or arising between the Parties concerning this Agreement or any matter under this Agreement.
23. Standard of Care/Limitation of Liability
i. The Portfolio Manager shall, in carrying out its obligations under this Agreement, act honestly, in good faith and in the best interests of the Principal and in connection therewith shall exercise the degree of care, diligence and skill that a reasonably prudent Portfolio Manager would exercise in similar circumstances. Notwithstanding the foregoing, the Principal understands and agrees that the Portfolio Manager does not represent and cannot guarantee performance results for the investment.
ii. The Principal understands that there are risks attached to investment in the Forex Market, to this end, the Portfolio Manager will not be liable to the investor for any loss that the Principals may suffer as a result of the Agent’s good faith decisions or actions where the Agent exercises reasonable care, diligence and skill expected of a reasonably prudent Portfolio Manager.
The Principal hereby agrees to undertake the risks pertaining to the portfolio investments as stated herein:
i. Investments in Forex Trading are subject to market risks and there is no assurance or guarantee that the objectives of the investments will be achieved.
ii. As with any investment, the value of the portfolio can go up or down depending on the factors and forces affecting the Forex market and the Portfolio Manager is not responsible or liable for losses resulting from the operations of the portfolios (with exception to trading portfolio where 55% liquidation limit is agreed), to the extent that such loss is not as a result of the Portfolio Manager’s action, inaction or any form of negligence.
iii. The Principal understands and acknowledges that past performance is not necessarily indicative of likely future performance.
24. Protection of Act done in good faith
i. The Portfolio Manager shall not be under any liability on account of anything done or omitted to be done or suffered by the Principal in good faith in accordance with or in pursuance of any request or advice of the investments made by the Portfolio Manager or any agents.
ii. We shall not be liable to loss in investment due to Act of God, cyber-attack, hacking of our site or third party, and unforeseen circumstances beyond our control.
25. Disclaimer/Disclosure
The investment services provided by Ace Trading Group are unregulated by any government agencies.
26. Miscellaneous
i. The failure or delay by us to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision in that or any other instance.
ii. Where any clause in this agreement is held to be unenforceable, shall struck out clause shall not invalidate this agreement.
27. Miscellaneous
If you have any questions about these terms, please contact us:
Ace Trading Group
Suite 10, 44-46 Elmwood Ave, Co. Antrim, Belfast, BT9 6AZ United Kingdom.
It is to inform all potential clients that Ace Trading Group, a portfolio/forex account management company, does not offer its services to residents of the United States of America, Japan, Canada, Haiti, Iran, and Cyprus.
This restriction is in accordance with regulatory requirements and the company's policies to ensure compliance with local laws and regulations. Therefore, residents of these countries are prohibited from using the services provided by Ace Trading Group.
We apologize for any inconvenience this may cause, and we encourage individuals from these restricted regions to seek alternative solutions that are in compliance with their local laws and regulations.
If you have any questions or concerns, please do not hesitate to contact us.
Thank you for your understanding.
Sincerely, The Ace Trading Group Team.
Copyright © 2023 Ace Trading Group - All Rights Reserved.