Effective Until Changed or Cancelled
This AGREEMENT is entered into by and between Advisors Crypto, Inc. (AC) which is the Registered Investment Adviser, and Client wishes to retainAC to act as Client’s investment advisor in accordance with the terms and conditions of this agreement. This agreement is intended to outline the responsibilities of the parties with regard to the investment management services to be provided. You will sign this Agreement by checking and clicking the “I Agree” button or typing your name in the electronic signature field appearing after you have scrolled through this Agreement, either of which will constitute your electronic signature. Your electronic signature will be the same as if you signed a paper agreement by hand.
Through AC's internet advisor platform you provide us information about yourself (including your income, investment goals, time horizon, risk tolerance and net assets), and, upon evaluating your information, AC will implement a portfolio plan for you. You authorize AC, without prior consultation, consent or approval, to give instructions to (i) the Introducing Broker, who will in turn provide directions to implement securities transactions; and (ii) to implement crypto asset transactions, as appropriate, for your portfolio. AC's authority will include the ability to: (i) buy, sell and trade equity securities; (ii) invest in and trade inverse/geared exchange traded funds(“ETFs”); buy, sell and trade crypto assets; (v) employ hedging strategies; (vi) rebalance your portfolio; and (vii) implement all of the above based on AC's fundamental research and systematic (algorithmic)portfolio models. AC reserves the right to change, in its sole discretion from time to time and without prior notice to clients the securities, crypto assets, and investments made available through the platform that it deems appropriate to address the investment objectives, investment time horizons, and risk tolerances of its clients. In addition, AC shall have the authority in connection with its provision of advisory services under thisAgreement (i) to determine when, how, and in what amounts to invest or reinvest dividends in your account; (ii) to determine the timing of purchases in relation to deposits; and (iii) to determine the timing of sales and withdrawals in relation to requests for withdrawals or transfers. Managed assets also include outside custodian accounts made available to AC and account aggregation or monitoring services may be used.
Client may at any time increase or decrease managed assets. Client’s account(s) will, at all times, be held solely in the Client’s name and will require Client’s authorization for withdrawal.
Client will receive trade confirmations and financial statements directly from Client’s brokers no less than quarterly.
AC is authorized, without prior consultation with the Client, to buy, sell, trade, managed assets. Accordingly, Client delegates to AC all of Client’s powers with regard to the investment and reinvestment of the account assets and appoints AC as Client’s attorney and agent in fact with full authority to buy, sell, or otherwise effect investment transactions involving the account assets in Client’s name. AC’s investment management services will be rendered consistent with the Client’s most recently-communicated goals and tolerance for risk, which the Client remains exclusively responsible for updating, as needed. Client acknowledges and agrees that AC shall have no liability for Client's failure to promptly inform AC of material changes inClient's financial circumstances which may affect the manner in which Client's assets are allocated.
Client agrees to pay AC a percentage of assets managed for managing client's account(s) as shown in fee scale exhibit in Form ADV Part 2A. At inception, fees are billed from the date the account is funded through the end of the calendar quarter, in advance, based on the market value of the account(s) as of the day the account is funded. Thereafter, fees are billed in advance for the next calendar quarter based upon the value of the assets at the end of the prior calendar quarter. Client authorizes AC to receive investment advisory fee payments directly from client’s account. Unless otherwise agreed in writing, no fee adjustments will be made for account deposits or withdrawals made during a billing period.
Client acknowledges that past performance of investments recommended by AC should not be construed as an indication of future results, which will prove to be better or worse than past results. CLIENT’S INVESTMENTS WILL GO UP OR DOWN IN VALUE, DEPENDING ON MARKET CONDITIONS.AC makes no promises, guarantees or warranties that any of AC’s services will result in a profit to you. You may rely on information furnished to AC which is believed to be reasonably accurate and reliable.
AC and Client agree that all of the above-mentioned information and data furnished to AC, pursuant to this Agreement, shall not be disclosed by AC to any other unrelated person, firm or entity without Client’s prior consent, unless disclosure is required by law or is otherwise consistent with AC’s Privacy Notice.
The waiver by either party and any breach of any provision of this Agreement by the other party shall not constitute a waiver of provision nor shall such waiver extend to future breaches of this same or other provisions hereto.
This Agreement may not be assigned (within the meaning of Investment Advisers Act of 1940, as amended (the “Advisers Act”) by either Client or AC without the prior consent of the other party. Client acknowledges and agrees that transactions that do not result in a change of actual control or management of AC shall not be considered an assignment pursuant to Rule 202(a)(1)-1 under the Advisers Act. Should there be a pending assignment of this Agreement (within the meaning of Advisers Act), the Client will be provided with written notice of such event. If the Client does not object to such assignment in writing, it will be assumed that the Client has consented to the assignment, and services will continue to be provided to the Client under the terms and conditions of this Agreement. Examples of an assignment include, but are not limited to, the sale of the assets of AC to an unaffiliated investment adviser, a merger of AC into an unaffiliated investment adviser, or a material change in the ownership of AC.
This Agreement, interpretation, and enforcement shall be governed and controlled by the laws of Texas.
This Agreement constitutes and contains the entire agreement between the parties. There are merged herein all prior and collateral representations, promised or conditions in connection with the subject matter of this Agreement. Any representation, warranty, promise or conditions not expressly incorporated herein shall not be binding upon either party to this Agreement.
Client acknowledges receipt of Part 2A of Form ADV; a disclosure statement containing the equivalent information; or a disclosure statement containing at least the information required by Part 2A Appendix 1 of Form ADV, if Client is entering into a wrap fee program sponsored by the investment adviser. Client further acknowledges receipt of AC’s Privacy Notice, as well as AC’s Client Relationship Summary.
Quarterly investment advisory fees range from a minimum of ¼ of 1% to 1.75%, depending on the size and complexity of Client’s account. If Client cancels, any pre-paid fees will be refunded on a prorated basis. Client may cancel at any time.
In the event more than one person executes this Agreement as Client, each person signing as Client agrees to be jointly and severally bound by each obligation assumed by Client hereunder.
AC may amend this Agreement upon written notification to Client. Unless Client notifies AC to the contrary in writing, the amendment shall become effective thirty (30) days from the date of mailing.
AC does not accept authority to vote proxies with respect to securities held in Client's account(s). Client shall be responsible for: (1) directing the manner in which proxies for the account assets shall be voted; and, (2) making all elections relative to any mergers, acquisitions, tender offers, bankruptcy proceedings or other type events pertaining to the account assets.
The program is an electronically based service. By accepting this Agreement when Client enters the owner(s) name or clicks “I Agree,” AC is obtainingClient's informed consent to electronic delivery of all notices and communications relating to your account to an email address Client provided. Client authorizes AC to deliver, and Client agrees to accept, all required regulatory notices and disclosures, as well as all other correspondence, via electronic mail and/or via AC’s internet web site. AC shall have completed all delivery requirements upon the forwarding of such document, disclosure, notice and/or correspondence to Client’s last provided email address (or upon advising Client via email that such document is available on AC’s web site and/or in the Client’s portal). It is Client’s obligation to notify AC, in writing, of any changes to Client’s email address. Until so notified, AC shall rely on the last provided email address. Client acknowledges that Client has the ongoing ability to receive and open standard electronic mail and corresponding electronic documents. If, at any time, Client’s electronic delivery situation changes, or Client is unable to open a specific document,Client agrees to immediately notify AC so that the specific issue can be addressed and resolved. By execution below, Client releases and holds AC harmless from any and all claims and/or damages of whatever kind resulting from AC’s electronic transmission of information, provided that AC has correctly addressed the electronic transmission to Client and/or other intended recipient.