Common Trading Terms Explained
TERMS AND CONDITION
the Customer desires and is permitted to engage in speculative trading in over-the-counter foreign exchange (currencies) on a cash, spot, or forward basis (“Foreign Exchange”). WHEREAS, the Customer represents that he has speculative capital for the principal purpose of trading in Forex, Crypto or Stock Transactions and has been informed and is fully cognizant of the possible high risks associated with such investments. As used in this Agreement, “Foreign Exchange Transaction” shall mean any transaction involving the purchase and sale of foreign currencies for spot or forward delivery or a currency option in the inter-bank market. WHEREAS, the Customer desires to have FSB Pro retain sub advisors to direct transactions on behalf of the Customer involving the purchase and sale of foreign currencies for spot or forward delivery and currency options subject to the terms and conditions set forth herein. WHEREAS, the Customer has asked FBS-Advisors through the sub advisors to make investment decisions for the Customer in the terms and conditions set forth herein. NOW THEREFORE, in consideration of the above recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
- Customer’s Account. Customer will open a Foreign Exchange trading account
(“the Account”) with FSB Pro with an initial deposit of at least five hundres U.S. dollars ($500.00). Such account may be subject to one or more prime brokerage or give-up agreements. The initial deposit, all subsequent deposits to and withdrawals from the Account, and all transactions effected in the Account shall be subject to this Foreign Exchange Management Agreement. Customer may add to the case balance of the Account at any time. Customer agrees to funding and recieving invested profits in crypto and can dirrectely make purchace of crypto through the site gateway marchant soley at its own risk. Customer agrees to give FSB Pro at least twenty-fours hours prior written notice before allocating any funds from the Account and seventy-two hours prior written notice before withdrawing funds from the Account. Customer must agree to make and withdraw deposite in crypto. All provisions of the Customer Agreement between FSB Pro and Customer shall remain in full force and effect and shall control.
- Authorization of Manager and Sub-Advisors. Customer authorizes FSB Pro to enter orders on behalf of the Account for Forex Transactions. Further, Customer authorizes manager/ Sub-advisor, in FSB Pro’s sole discretion, to retain (and dismiss) one or more sub-advisors (individually, a “Sub-Advisor” and collectively the “Sub-Advisors”) to place orders for Forex Transactions with FSB Pro in the name of and for the sole account and risk of the Customer. Customer agrees to execute a Limited Trading Authorization and Power of Attorney with FSB Pro authorizing Manager or the Sub-Advisors the authority to transact Foreign Transactions in Customer’s Account. FSB Pro shall have discretionary authority to make all trading decisions for the Account, without prior consultation with Customer and without prior notice to or approval from Customer with respect to such trading decision. Customer will not enter any orders in the Account and will not authorize or permit any other person to do so unless such person is appointed by FSB Pro to be a Sub-Advisor. All Forex Transactions that are entered by the Sub-Advisor may be entered in the Sub-Advisor’s sole discretion, without prior notice to, or consent of, the Customer. A Sub-Advisor shall have the power and authority to:
(i) issue instructions to purchase or sell or otherwise deal in Forex Transactions for the account and risk, and in the name of, the Customer;
(ii) purchase from or sell to FSB Pro the specified foreign currencies for the account and risk, and in the name of, the Customer; and
(iii) generally perform any other act incidental to the foregoing; provided, however, that such authority shall not include the power to order any payment, in U.S. dollars, any foreign currency, or otherwise, to the
Sub-Advisor not otherwise agreed to herein.
- Trading Strategy. In managing the Account, FSB Pro agrees to use its best judgment and efforts for the Customer’s benefit. However, the parties agree that the Customer shall bear all risk of gain or loss in the Account and all expenses of the Account. No assurance can be given that either FSB Pro’s advice or that advice of the Sub-Advisors will result in profits or will not result in losses for the Customer. If the realized and/or unrealized losses exceed 50% of the Customer’s deposit(s) to his account with FSB Pro, as of the end of any business day, FSB Pro will cease trading in that account immediately and contact Customer for instructions. FSB Pro and/or the Sub-Advisors may use stop-loss orders; however, in the event that a stop-loss order is placed, there can be no assurance that the stop-loss order will protect the Account against losses.
- Reports and Records. FSB Pro shall furnish to the Customer daily reports detailing the Assets under Management in the Account and the Trading Profits (as defined below) experienced by the Assets under Management.
- FSB Pro shall receive a quarterly performance fee of 20% of the Trading Profits experienced by each Sub-Advisor calculated for each month as set forth below.
(b) FBS-Advisors agrees to pay a 7% capital fee to the referal after a 7 day of succesful trade in the said trading account.
(c) At any time upon a withdrawal from asset under management other than at the end of a month, FSB Pro will receive any accrued performance fee proportional to the amount of assets so withdrawn. Trading Profits will be correspondingly reduced for purposes of determining the performance fee due at the end of such month. For purposes of determining Trading Profits, if there is a cumulative loss when a withdrawal is made from the Assets under Management, such loss shall be reduced by the proportionate amount of the loss attributable to the Assets under Management being withdrawn.
(d) Performance fees, once paid, are not subject to return, irrespective of subsequent losses. No subsequent payment based on Trading Profits shall be made to FSB Pro, however, until the Assets under Management have again experienced Trading Profits. If this Agreement is terminated on a date other than a month-end, the performance fee described above will be determined as if such date were the end of a month.
(e) The Customer hereby authorizes FSB Pro to withdraw the management, performance and sales fees owed by the Customer from the Account upon receipt of an invoice from FSB Pro. Customer acknowledges that FSB Pro will also receive mark-up fees and/or commissions associated with each transaction entered in Customer account not to exceed $300 per million Forex Transactions traded.
(f) The Customer acknowledges that FSB Pro performs the services contemplated here under for other customers and may charge different fees than charged to the Customer under this Agreement.
- All Forex Transactions directed by the Sub-Advisors here under shall be in the name and for the account and risk of the Customer. The Customer understands and acknowledges that Forex Transactions involve conflicts and a substantial risk of loss due to, among other factors, the fact that such transactions are executed through FSB Pro acting as a principal; that Forex Transactions generally are not regulated by banking authorities or other U.S. regulatory agencies; that trading in Forex Transactions may be highly illiquid and an unusually wide spread may exist between the price at which a counterparty is willing to purchase and sell particular foreign currencies; and that credit controls may be imposed by governmental authorities or other actions taken by governmental authorities which may significantly increase the risk of loss to the Customer or affect the ability of any party to fulfill its obligations to the Customer. The Customer further acknowledges that FSB Pro makes no guarantee whatsoever that the Forex
Transactions contemplated hereunder will be profitable or will not result in losses.
- Conflicts of Interest.
(a) FSB Pro and their respective principals, employees, agents and affiliates may manage the accounts of customers. If FSB Pro place the same or similar orders at or about the same time for its customers’ accounts, all such accounts may compete for the same or similar positions and, depending upon whose order is placed first, the difference in timing may result in some accounts receiving better prices than other accounts.
(b) In addition, FSB Pro may have a conflict of interest in rendering advice to Customer because the financial benefit from managing other customers’ accounts may be greater, which may provide an incentive to favor such other accounts. While FSB Pro and the Sub-Advisors might have an incentive to favor another customer over Customer, neither FSB Pro nor the Sub-Advisors will knowingly do so.
(c) A potential conflict of interest exist in that FSB Pro profits due to commission generated by trading volume. As the manager or advisor firm, FSB Pro will charge commissions.
- Representations and Warranties.
(a) FSB Pro represents and warrants the following to the Customer:
(i) FSB Pro is duly formed as a corporation under the laws of the United State, authorized to do business in United State.
(ii) FSB Pro has the power to execute and deliver this Agreement and any other documentation relating to this Agreement and to perform its obligations under this Agreement and has taken all necessary action to authorize such execution, delivery and performance. Such execution, delivery and performance do not violate or conflict with any law applicable to FSB Pro, the constitutional documents of FSB Pro, any order or judgment of any court or other governmental agency, or any contractual restriction binding on or affecting FSB Pro.
(b) The Customer represents and warrants the following to FSB Pro:
(i) The Customer is aware of the highly speculative nature of, and risks ofloss inherent in, Forex Transactions and is financially capable of engaging in such trading.
(ii) The Customer has significant additional assets beyond the value of the Account and any funds that may in the future be committed to the Account. Further, Customer represents and warrants that he is financially able to accept the risks of Forex Transactions and to bear the loss of the funds deposited in the Account.
(iii) The Customer acknowledges that it, and not FSB Pro is responsible for making any and all margin payments and paying all commissions and other fees, costs, and expenses charged to the Account.
(iv)The Customer acknowledges that any losses from the transactions in the Account are the sole responsibility of Customer and not FBS-Advisors or the sub advisors.
(v) The Customer acknowledges that the advice and transaction effected by FSB Pro and/or the sub-advisors may be subject to the Commodity Exchange Act, the regulations of the Commodity Futures Trading Commission, or the rules of the National Futures Association.
(vi) The Customer, if an entity, is duly formed under the laws of the jurisdiction in which it is organized. The Customer, if an individual, is of legal age to be bound by this Agreement and is legally competent, and that no other person has, or will have as a result of any action of Customer, any interest in or right to the Account, except as fully disclosed to FSB Pro in the Account Agreement.
(vii) The Customer has the power to execute and deliver this Agreement and any other documentation relating to this Agreement and to perform its obligations under this Agreement and has taken all necessary action to authorize such execution, delivery, and performance. Such execution, delivery and performance do not violate or conflict with any law applicable to the Customer, the constitutional documents (if any) of the Customer, any order or judgment of any court or other governmental agency, or any contractual restriction binding on or affecting the Customer. All governmental and other consents that are required to have been obtained by the Customer with respect to this Agreement have been obtained and are in full force and effect.
(viii) The Customer warrants that funds being deposited and traded have not originated from any illegal activity.
(ix) The Customer acknowledges that FSB Pro is not qualified to give, and has not given, any advice with respect to the tax treatment of profits or losses in the Account.
- Relationship of the Parties. FBS-Advisors is an independent contractor and this Agreement shall not be deemed to establish a joint venture between FBS-Advisors and the Customer and nothing herein contained shall be construed as creating a general partnership or other similar relationship or as authorizing any party to act as general agent or to enter into any contract or other agreement on behalf of any other party except as otherwise expressly provided herein.
- Standard of Liability and Indemnity. FSB Pro shall not be liable to Customer or to any third party except by reason of acts that constitute gross negligence, bad faith or intent to defraud. Customer will indemnify, hold harmless, and defend FBS-Advisors and its employees, officers, shareholders, affiliates and agents, from and against any liability, loss cost, damage, or expense (including attorney’s fees) and any amount paid in settlement thereof to which any of them may become subject to in acting pursuant to or in furtherance of this Agreement or in
connection with any transaction for the Account.
- Term of Agreement. Either party may terminate Agreement at any time upon at least three business days’ prior written notice to the other. Upon receipt of a notice of termination from the Customer, or if FSB Pro gives notice of termination to the Customer, FBS-Advisors shall work with the Customer in good faith to use its best efforts to assure to the extent practicable that there is an orderly wind-down of positions in the Account. Once notice of termination is received, FSB Pro shall liquidate all Account positions as promptly as practical.
- All notices or other communications shall be in writing and shall be delivered via mail to FSB Pro at support mail available on the platform.
- Waivers and Amendments. None of the provisions of this Agreement may be amended or waived except by a written instrument duly executed by the party to be charged therewith. No waiver of any right or remedy or any breach of or default under any provision of this Agreement shall constitute a waiver of any other right or remedy for any breach of or default under any other provision or of any other breach of or default under the same provision.
- Services Non-Exclusive; Confidentiality. FSB Pro’s present business includes managing accounts for investors in Forex Transactions and providing advice on Forex Transactions, and FSB Pro will be managing accounts for other clients during the same period that it is managing the Account. FSB Pro’s services provided hereunder are not exclusive and FBS-Advisors, its principals and affiliates shall be free to render similar services to others, and to manage other clients’ accounts and to use the same or other information, trading programs or formulae and trading strategies which they obtain, produce or utilize in the performance of services for the Customer. The Customer recognizes that the results obtained by FSB Pro from time to time for such other accounts may be more favorable than the results obtained for the Customer. The Customer acknowledges that FSB Pro may charge fees for its services for other accounts different from those charged to the Customer and that trading for accounts other than the Customer’s Account may increase the level or competition with respect to Forex Transactions. The Customer acknowledges that the advice given by FSB Pro is the confidential property of FSB Pro, and the Customer will not disclose the same to third parties without the prior written consent of FSB Pro. The Customer will use any such confidential information solely to monitor FSB Pros performance on behalf of the Customer. Nothing in this Agreement shall require FBS-Advisors to disclose the details of its trading systems and strategies.
- No Waiver. No provision of this Agreement may be waived or amended unless the waiver or amendment is in writing and signed by both Customer and an authorized officer of FSB Pro. No waiver or amendment of this Agreement may be implied from any course of dealing between the parties or from any failure by FSB Pro or FSB Pro’s agents to assert FSB Pro’s right under this Agreement on any occasion or series of occasions. No oral agreements or instructions to the contrary shall be recognized or enforceable. This instrument and the attachments hereto embody the entire agreement of the parties, superseding any and all prior written and oral agreements and there are no other terms, conditions or obligations other than those contained herein.
- Miscellaneous Provisions. Whenever necessary in this Agreement and where the context admits, the singular term and related pronoun shall include the plural and vice-versa, and the masculine and neuter terms shall be interchangeable. The section headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. Any captions appearing in this Agreement are inserted as a matter of convenience and for reference only and shall not define, limit, or describe the scope and intent of this Agreement or any of the provisions thereof. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.
- The parties agree that this Agreement shall not be deemed to have been accepted by FBS-Advisors or become a binding contract between Customer and FBS-Advisors until approved at FBS-Advisors’s main office and signed by FBS-Advisors ’s authorized representative.