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1. Agreement on investment management between the parties
This Agreement on Investment Management determines the grounds, conditions and procedures for the implementation by the welgaintrade.org, as a professional participant in the crypto-currency markets, of trust management of funds intended for profit.
2. Subject and terms of the agreement
The welgaintrade.org investment management company is an investment fund registered in accordance with US law; it provides trust management services for investors and partners. Taking into account that welgaintrade.org is a public company, it also provides its services in trust management of investments to private non-resident investors from around the world, acting in accordance with instructions provided by investors themselves through activated and properly registered private accounts on the welgaintrade.org website. This Agreement is accepted as a web document and does not need to be certified by signatures of the Parties. Opening of the Investor's personal account through welgaintrade.org's website means the automatic acceptance by the Investor of all the clauses of this agreement, as well as the general terms and conditions that are published on the site and considered to be an integral part of this Agreement. General terms and conditions become applicable and obligatory for the Parties from the moment of registration and confirmation by the Investor of his profile on the welgaintrade.org website. This Agreement enters into force and becomes legally binding on the parties in full from the moment when the Investor forms an account under this Agreement for the first time and transfers the amount of investment in accordance with the terms and conditions contained in this document. The agreement remains in force until the onset of any of the events specified in paragraph 6 of this document.
In view of the foregoing, the Investor agrees to entrust the Company with providing the Investor with the investment management services in exchange for the remuneration specified in this Agreement. Subject to the conditions described above, the Investor and the Company are bound by the legal obligations under this Agreement in the same way as if it was to be signed and was signed by the Parties in the usual manner and as if affixed with the welgaintrade.org seal.
The Company provides the Investor with the services for the tactical allocation of investments, as described below. The company can manage the funds entrusted to it independently or through traders around the world. Investment strategies of welgaintrade.org offer the investor the choice of a wide range of investment packages, with a different ratio of risks and returns. Depending on the types of packages used, making a profit can be related to the terms of the investment strategy, and can only be obtained on an irregular basis.
The Investor allows the Company to use his investments within its mutual funds, to work with various tools within the cryptocurrency market.
welgaintrade.org undertakes to maintain accounting and reporting with the separation of the Investor's funds from the funds of other customers using the individual sub-account of the Investor attached to one of the Company's regular current bank accounts. Such a sub-account is also used for the purposes of accumulating income from management of an investment package. In order observe the "know your customer" policy established by the company and to activate a personal account, the Investor undertakes to upload scanned copies of documents necessary for checking his identity (identity card or passport) and address of residence (utility bills, bank account statement or any other a document that can serve as a reliable proof of the actual address of the Investor's residence). The company has the right to apply appropriate procedures to verify the compliance of data uploaded by the Investor. All documents uploaded by the Investor for the above purposes must be clear and in good resolution. The company must have sufficient grounds to recognize the authenticity of any of the uploaded documents, at this stage the confirmation may be rejected and it may be necessary for the Investor to remove the corresponding flaws. Through his registered personal account on the welgaintrade.org website, the Investor can perform the following operations:
- generate incoming money transfers;
- instruct the Company to allocate the amount of investment in any of the investment packages;
- monitor the Indicators for managing the investment package;
- monitor all accumulated amounts;
- instruct the Company to transfer the accumulated funds in accordance with the provisions provided for in paragraph 5 of the Agreement.
3. The amount of investment
The currency of this Agreement is the Dollar (USD). The minimum amount of investment an Investor can invest through the Company is $35 (thirty five dollars).
The amount of investment is payable through one of the approved welgaintrade.org portfolios via one of the recognized electronic International Payment Systems ("IPS"). The list of such IPS is available in the Investor's personal account. The Investor checks his IPS wallet in his profile through the welgaintrade.org website before being able to transfer the amount of investments under this Agreement.
The Client bears and pays all possible costs and fees related to the transfer of funds under this Agreement, including payment for services and commissions.
If the Investor decides to invest additional amounts of investments through the Company's website, such additional Investment amounts shall be paid according to the rules provided for in paragraph 3 of this Agreement. In case the Investor wishes to invest any amounts in addition to the initial investment amount, such transfers shall be executed between the Parties by appropriate additions to this agreement in writing with proper certification by signatures and seals, specifying details in such amount directly. Such an addition is an integral part of this Agreement. The parties hereby agree that the exchange of scanned copies of such additions to designated e-mail addresses is a valid proof of the existence of an additional agreement with respect to all additional amounts of investments made by the Investor in favor of the Company. For the purposes of this Agreement, the designated e-mail address of the Investor is the e-mail address duly confirmed through the welgaintrade.org's personal account .The consent to this additional agreement may also be executed using software accessible through the Customer's confirmed private account.
Being aware of the criminal liability for perjury, the Investor states that the amount of investments will consist of funds that are not of criminal origin and are free from the rights of third parties, are not pledged and are earned from legal sources.
4. Management of investment packages
Investment packages are available for the distribution of the investment amounts invested by the Investor within welgaintrade.org. The Investor has the opportunity to possess an unlimited number of investment packages on one account.
The Company can develop and offer other choices of investment packages to the Investor, detailed data and description of which should be transferred to the Investor directly via e-mail or published on the welgaintrade.org website within the Company's public offer.
The Investor chooses a specific investment package and instructs the Company to formalize the payment of such a package by properly completing such an instruction with the help of software available through the Investor's personal account in accordance with the provisions of this Agreement. In case the Company does not receive the necessary confirmation that the instruction to allocate funds for a particular package is provided by the Investor, the company may suspend such allocation until such confirmation is received.
All newly received funds of the Investor will be placed on a regular account until the Company representatives can log in from the computer and execute other procedural inputs to create and activate a separate sub-account for the Investor. Until the opening and activation of a separate sub-account, all recalculations and transactions are processed using one of the Company's regular corporate accounts. Accounting for such funds and all transactions are available and monitored via software through the Investor's personal account on the Company's website.
The Investor does not affect the investment strategies used by the Company and its traders. All decisions on the purchase or sale of assets are made at their own discretion. The company can also choose a recognized trader for a particular package, and such a trader will manage (buy / sell) assets at his discretion. All such instructions for managing the investment package by the trader are governed by the instructions issued by the Company with respect to acceptable risks and general strategies.
The Company makes no promises, assurances, contractual or other guarantees that any of the services provided under this Agreement will result in the Investor's profit. Tactical decisions about the allocation of assets are based on methods and indicators that have been well studied or would have yielded profitable results of buying and selling in the past. Nevertheless, there can be no guarantee that they will yield beneficial results in the future. The Investor agrees that the Company and its officers, directors, members, representatives and any affiliates shall not be liable for any losses on the Investor's accounts due to any reduction in the value of the net assets of mutual investment funds owned by the Investor or because of tactical decisions on the distribution of assets created by the Company, which turned out to be unprofitable.
Immediately after the allocation of investment funds in the Investment Package in accordance with the instructions of the Investor, the Company issues a Certificate to the Investor. The certificate must be expressed in nominal value, corresponding to the initial amount of investment allocated by the Investor to any Investment Package. A certificate is a financial instrument issued in the form of a security based on assets held by the investment management of the Company and / or its traders and the profit accrued thereon. The market value of the Certificate is determined by the results of the investment package implemented by the Company at the end of each business week.
In case of an increase in the value of the investment package, the market value of the relevant Certificate will consist of a nominal value plus accumulated and undistributed profits. Investment management indicators of a package (% based on the results of each trading week), which the Investor is duly notified about, consist of: (a) the percentage of restoration of the Investment Amount to which the Investor is entitled in accordance with the Company's investment policy and (b) the net amount of profit accrued on the basis of investment management of a package, nominated in percentage terms from the initial investment amount. In the notification mentioned above, the Company does not specifically separate the Indicator into two separate amounts: the Investor can only view the aggregate Indicator for managing the investment package.
After a proper request submitted by the Investor of the Company, the net profit amount is paid to its sub-account opened within the welgaintrade.org, the Client's wallet in one of the IPSs in accordance with the provisions of paragraph 12 of this Agreement. For security reasons, the Company does not transfer any funds to accounts with bank details not contained in this Agreement or in addenda to it, duly signed and stamped by the Parties. All orders for making transfers to accounts with bank details that are not specified in this Agreement or in addenda to it are rejected; the exception is the Investor's personal sub-account provided by welgaintrade.org. All Company fees under this Agreement are deducted by the Company from the net amount before transferring the funds to the Investor's account. For the purposes of this Agreement, a duly submitted request is an instruction sumbitted by the Investor through software available in the Investor’s personal back-office on the welgaintrade.org website.
In accordance with the instructions of the Client, payout of the net profit amount in one single payment is carried out by the Company to the Client’s e-wallet in one of the IPSs, which is duly registered and confirmed in the Customer's personal back-office on the welgaintrade.org website. The Company shall make payments to the designated account within 7 days from the date the Customer provides the appropriate instructions accordingly.
When upgrading an investment package with a higher-level package, the cost of upgrading the package is calculated by the following formula: (price of the new package) - (active package price) x (365 days / 365 (days is the time of using the current active package).
5. Term of the agreement
This Agreement shall enter into force from the moment when the amount of investment under this Agreement has been duly transferred by the Client to welgaintrade.org and will remain in force for an initial period of 13 months and will be renewed thereafter unless either Party terminates the agreement by prior written notice 30 days before the date of termination. The term of any investment package chosen by the Client for the allocation of the Investment amount shall be determined in accordance with clause 4 of this Agreement and shall be calculated from the moment of allocation.
6. Termination of the agreement
The client can not terminate this contract and demand an uncalled amount of investment back during the funds allocation period. All settlements between the Company and the Customer are made within 7 days from the expiry of the term of the allocation of funds. When processing settlements with the Investor, the Company will collect all fees for its services provided by the time of the final settlement.
This Agreement may be terminated unilaterally by the Company with the conduct of immediate mutual settlements in case of violation by the Client of any of his obligations stipulated in paragraph 3 of this Agreement. In this case, the Agreement is terminated immediately, without prior notice, and the Investor bears the costs and damages resulting from such early termination and settlement.
All information and documents provided by the Investor to the Company are subject to strictly confidential treatment. In case the Company is forced to disclose confidential information for the legal process, the Company will make every effort to give written notice of such disclosure to the Investor. The Investor undertakes not to disclose to any other party or to use in any way in the interests of the Investor or any other party any information about specific operations of the Company or specific funds selected within any active tactical asset allocation service, in such a way that this information may be used for someone else's gain.
welgaintrade.org or its traders participate in trades on cryptocurrency exchanges using the funds transferred by the Investor to trust management; fees and those funds that remain after payment of interest to investors and partners are the Company's income.
The Investor acknowledges that the investment recommendations of the Company expose the Investor to a certain risk, and that this risk may lead to loss of the investment capital by the Investor. The Investor can also miss the investment opportunities while the Company defends its positions. There can be no guarantee that any of the Company's asset management systems will lead to the Investor's profit. The Investor agrees to incur all losses or lost profits from the Investor's own funds. The Investor permanently exempts the Company, its officers, directors, employees, agents, independent contractors, as well as representatives from any claims, liabilities, damages, losses, fees, attorney's fees and expenses that may arise as a result of any actions, services provided, or recommendations adopted in accordance with this Agreement, if those have not occurred as a result of dishonesty or willful misconduct.
The Investor permanently exempts the Company, its officers, directors, employees, agents, independent contractors, as well as representatives from all claims, liabilities, damages, losses, fees, costs and expenses that may arise as a result of an action (on behalf of Investor or from Investor’s account), omission or insolvency of any trader, agency, professional, independent contractor, seller of financial products or any other third party, civil servant or sovereign body of any state or international organization.
The Investor recognizes that the Company can not provide legal advice, legal opinions or legal documents. The Investor also recognizes that the Company does not prepare or provide audit documents, tax reports or tax returns, and that the Company can not represent the Investor before the tax authority of the country of which the Investor is a citizen, where he has a residence permit.
10. Transfer of rights
The transfer of rights under this Agreement can not be carried out without the prior written consent of both parties.
All notices, appointments, permits, offers, or any other types of information provided for in this Agreement shall be deemed duly executed if: transferred through the Investor’s personal back-office available on the welgaintrade.org website; delivered personally by the postal service or sent to the confirmed e-mail address of the other party.
If any provision of this Agreement or its application according to any person or circumstance is found to be invalid or unenforceable, the remainder of the Agreement or the application of such provision to other persons or circumstances shall not be affected and remain in full force.
12. Force Majeure
If any circumstances of force majeure like: fire, flood, earthquake, actions of regional or local authorities, etc. prevent any of the Parties to the Agreement from fulfilling in full or in part their obligations under the Agreement, the period provided for the fulfillment of such obligations is subject to extension for the period of validity of the above circumstances.
If the circumstances of force majeure last more than 6 months, either Party has the right to refuse further fulfillment of its obligations under the Treaty. Any Party that is unable to fulfill its obligations due to force majeure circumstances shall perform a preliminary settlement with the other Party on the date of the onset of force majeure. In this case, neither party can claim compensation for any damage from the other Party.
A Party that is not in a position to fulfill its obligations under the Agreement shall immediately inform the other Party of the beginning or termination of force majeure circumstances that impede the fulfillment of obligations.
13. Applicable legislation
The validity, interpretation and performance of this Agreement shall be subject to its implementation and interpretation in accordance with the laws of the United States of America.
14. Procedure for resolving disputes
All disputes and disagreements arising on any issues between the parties and threatening their rights and interests related to the preparation or application of this Agreement or any costs and obligations under this Agreement or in relation to any action related to this Agreement shall be resolved by way of arbitration, consisting of independent, qualified and internationally recognized judges appointed by welgaintrade.org and in accordance with the ICC arbitration rules.
15. The comprehensiveness of the agreement
Each of the parties fully understands all the provisions of this Agreement. All oral agreements are included and consolidated in this Agreement. Neither party nominates or refers to any statements, except in the cases specified. This Agreement can not be changed unless the Investor and welgaintrade.org have agreed on changes in writing.
The investor recognizes that a properly licensed registered representative, agent, independent contractor or trader may receive a portion of any fee(s) paid under this Agreement as remuneration for their services.