Arbiten LTD, hereinafter referred to as the "Company" on the one hand, and an individual, hereinafter referred to as the "Client" on the other hand, collectively referred to as the "Parties", have concluded this cooperation agreement (hereinafter referred to as the Agreement) as follows:
1. Basic terms and definitions of the Agreement
1.1. For the purposes of the Agreement, the Parties have agreed to use the following basic terms and definitions.
1.1.1 Website - the company's website, the official and only reliable source of information about the company.
1.1.2 Trust management - management of the Client's funds on a trust basis for investing in financial assets and other production financial instruments, in order to make a profit.
1.1.3 Remuneration - a part of the funds appropriated by the Company from the total profit received as a result of trust management.
1.1.4 Profit - the expected return from the trust management that the Client expects.
1.1.5 Personal account or Personal account - a personal section of the Site, which the Client receives access to after registering on the Site. The Personal account is intended for storing the Client's personal information, processing applications, the stage of execution of applications, the current status of the account, and receiving / sending notifications (messages). All actions on the Site performed by the Client using the Personal Account are recognized as an unambiguous and indisputable confirmation of the commission of actions and transactions by him. Login to the Personal Account is carried out by the User using a Login and Password.
1.1.6 Login and Password - a set of Latin letters and numbers entered in the appropriate fields on the Website for registration and authorization of the Client in the system.
2. Subject of the agreement
2.1 After registering on the Site or using any of its functionality, the Client expresses his unconditional consent to all the terms of this Agreement and all other terms set out on the pages of the Site, undertakes to comply with them, as well as all the following conditions.
2.2 The Client transfers the funds belonging to him, intended for investment in financial assets, to the Company for trust management, and the Company undertakes to carry out trust management in the interests of the Client to extract profit for remuneration.
3. Rights and obligations of the parties
3.1 The Client is obliged to:
3.1.1 To fulfill all the points of the Agreement perfectly, in case of non-fulfillment of obligations, the Company has the right to unilaterally terminate the Agreements with the Client.
3.1.2 Invest funds with legal origin in the Company.
3.1.3 Provide complete and reliable information about yourself by registering on the Site.
3.1.4 Notify about all changes to the information in the Personal Account no later than 3 days from the date of the data change.
3.1.5 Keep information about access to your Personal Account (Login and Password) safe and do not transfer them to third parties.
3.2 The Client has the right to:
3.2.1 Register only one Personal Account in the system on the Website.
3.2.2 Transfer funds by any of the money transfer methods available on the Website.
3.2.3 Submit claims for non-fulfillment of the terms of the Agreement by the Company in writing and electronically.
3.2.4 Take part in any promotions and events held by the Company and published on the Website.
3.3 The Company is obliged to:
3.3.1 Ensure the smooth operation of the Site, as well as unhindered access to the Personal Account, except for cases of technical regulated work, which the Company is obliged to notify in advance in the relevant sections on the Site, or by sending emails to the personal e-mail addresses of Customers.
3.3.2 Ensure the complete confidentiality of the Client's personal data received (clause 6. of this Agreement)
3.3.3 To take due care of the Client's interests when performing Trust Management in accordance with this Agreement.
3.3.4 Comply with the terms agreed with the Client in this Agreement.
3.4 The Company has the right to:
3.4.1 Independently, without the consent of the Client, perform Trust Management operations within the limits established by this Agreement.
3.4.2. Unilaterally terminate the Agreement and partially restrict access, temporarily block or permanently delete the Account by notifying the Client in advance in writing or electronically if the Client makes attempts to harm the Company's work or the Site in one way or another (hacking attempts, deception, illegal and fraudulent actions or actions contrary to the terms of this Agreement, slander, blackmail). In this case, the Company can start the procedure for returning the Client's funds without taking into account the accrued profit, as well as confiscate part or all of the invested funds to cover the losses incurred, if any.
4. The procedure for mutual settlements of the parties
4.1 The Company accepts funds from the Client for Trust management under the loan agreement by electronic transfers using the means of payment aggregators in the Client's Personal Account.
4.2 The Client's profit as a result of Trust Management activities, after deducting Remuneration, can be up to 1.5%, but not less than 0.5% daily of the invested amount (the main provisions on the Client's profitability from Trust Management of the Company will be described at the conclusion of the loan agreement after registration on the website).
4.3 All operations (investment of funds, accrual of profit, account status, change of payment details of the Client, withdrawal of funds) are carried out in the Client's Personal Account.
4.4 The minimum amount of funds transferred to the Trust Management is $10, in another currency the amount must be equivalent to $10 on the day of signing the loan agreement with the Client.
4.5 The minimum amount of funds withdrawn from the Client's personal account may be at least $1, in another currency the amount must be equivalent to $1 on the day of drawing up the request for withdrawal of funds.
4.6 The Client has the right to withdraw the funds transferred to the Trust Management at any time, as well as the profit received as a result of the Trust Management.
4.7 The profit is credited to the Client's investment account every trading week (from Monday to Friday), starting from the moment of receipt of funds to the Company's account.
4.8 The withdrawal of the invested funds, as well as the profit accrued as a result of the Company's trading activities, is carried out at the request of the Client in the Personal Account and can take up to 5 working days.
4.9 The withdrawal of the invested funds, as well as the profit accrued as a result of the Company's trading activities, is carried out to the Client's payment details specified in the Personal Account.
5.1. In relation to the Client-an individual, the Company performs the duties of a tax agent, the Client does not bear the burden of paying taxes on income received from Trust Management.
6.1 The Company takes all necessary measures to ensure the confidentiality of the Client's name, payment details and other information received in connection with the fulfillment of obligations under this Agreement.
6.2 The Management Company undertakes not to disclose information about the Client's transactions, accounts and details to third parties, except in cases when the disclosure of such information in writing or electronically is authorized by the Client himself, as well as in cases provided for by law.
7.1 By investing funds in the Company, the Client automatically becomes a full participant in the insurance program on the basis of an insurance contract with the company "Arbiten Insurance Company Ltd". covering all risks associated with the Company's investment activities, as well as in the event of the Company's bankruptcy.
7.2 According to the insurance contract, upon the occurrence of an insured event, the Client has the right to demand coverage of losses from the insurance company "Arbiten Insurance Company Ltd" equal to the amount of invested funds, excluding accrued profit.
7.3 Payments under the insurance contract will be made upon the occurrence of an insured event, with the exception of cases related to force majeure circumstances provided for in paragraph 8 of this Agreement.
8. Force majeure circumstances
8.1 The Parties shall not be liable for non-performance or improper performance of an obligation under this Agreement, if they prove that this occurred due to the occurrence of force majeure circumstances (force majeure) that arose after the conclusion of the Agreement as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures, and the Parties have taken all possible and depending on them measures for the proper performance of their duties. Force majeure circumstances include, in particular: military actions, the impact of natural forces (earthquake, flood, etc.), decisions of state bodies.
8.2 The Parties must notify each other about the occurrence of force majeure circumstances within three working days from the moment of their occurrence.
8.3. In the event of force majeure, the deadline for fulfilling the obligations under this Agreement is postponed for the period during which such circumstances and their consequences apply.
9. Responsibility of the parties and the procedure for resolving disputes
9.1 In case of non-fulfillment or improper fulfillment by one of the Parties of their obligations under this Agreement, the other Party has the right to demand: - proper fulfillment of obligations; - gratuitous correction of the adverse consequences of non-fulfillment, improper fulfillment of obligations under the Agreement;
10. Other conditions
10.1 The Agreement comes into force after the Client registers on the Site or when using any of its functionality.
10.2 The Agreement has no validity period and can be automatically extended (extended) for the next calendar year without the written consent of the Client.
10.3 Any changes and additions to this Agreement may be made by the Company without the Client's consent, in turn, the Company undertakes to notify the Client of the upcoming changes no later than 3 (three) calendar days.
10.4 In everything else that is not provided for by the Agreement, the Parties will be guided by the legislation or other regulatory legal acts regulating the legal relations arising from the Agreement.