Common use of CLIENT ACKNOWLEDGEMENTS Clause in Contracts

CLIENT ACKNOWLEDGEMENTS. 10.1 The Client acknowledges and agrees: (a) the Financial Adviser has given the Client an FSG; (b) the Client has received Personal Advice from the Financial Adviser in relation to the Managed Account Service and the Investment Options and a Statement of Advice, including an Investment Program, which sets out the basis on which the Financial Adviser considers this Managed Account Contract and Investment Options to be suitable to the Client’s personal circumstances; (c) the Client has provided the Financial Adviser with sufficient, accurate and up to date information on the Client’s personal circumstances and that the Managed Account Service might not be suitable for the Client if the Client has provided limited or inaccurate information about the Client’s personal circumstances; (d) to notify the Financial Adviser as soon as practicable of any material change in personal circumstances, and to seek Personal Advice from the Financial Adviser to confirm that the Managed Account Contract and the Investment Options remain suitable for the Client; (e) the Financial Adviser must review the suitability of the Managed Account Service and the Investment Options at least once per year and provide a Statement of Advice to the Client; (f) the Financial Adviser in providing Personal Advice to the Client in relation to the Managed Account Service and the Investment Options is acting as an External MDA Adviser and is not acting as an agent of IAS; and (g) the provision of the Managed Account Service to the Client under this agreement has not, and will not, constitute the provision of Personal Advice by IAS or any of its agents to the Client. 10.2 Further, the Client acknowledges and agrees: (a) to execute any document necessary to carry out any transaction required under this agreement or to provide any information required by any Regulator; (b) the contents of the Investment Options Document or any other document is not to be taken as a representation by IAS or the Investment Managers as to investment return or future performance of any Investment Option; (c) IAS and the Investment Managers do not assure, guarantee or represent to the Client any particular investment performance will be achieved by an Investment Option or the repayment of capital contributed by the Client; (d) IAS and the Investment Managers will not be responsible for any loss or liability incurred by the Client if IAS or the Investment Managers act or refrain from acting within the terms of the discretion authorised by the Client, or if any dealing or proposed dealing is interrupted, unable to be completed or unable to take place due to failure of any computer, telephone or other electronic service or any other third party act or omission; (e) unless stated otherwise in the Investment Options Document, IAS, the Investment Managers and the Sub-Custodian(s) are not obliged to exercise any right or benefit attached to or granted to the Investments (including, but not limited to voting rights, participation in rights issues, share purchase plans, buy backs, takeover offers or schemes of arrangements) and will not be liable for failure or delay in exercising any of those rights on behalf of the Client; (f) income earned in the Managed Account Service may be irregular and income earned outside of Australia may be subject to tax laws applying in those jurisdictions, including the obligation on the payer to withhold tax or to disclose information to tax or other authorities; (g) IAS may be required to withhold tax from income received on Investments, including where the Client is a non-resident for taxation purposes; (h) actions taken by IAS or the Investment Managers in managing the Investments or the Managed Account may give rise to capital gains or income tax liabilities. Neither IAS nor the Investment Managers will take account of the Client’s specific tax position in making decisions; (i) IAS will not be responsible for any liability incurred in relation to taxation of any Investment, payment, dealing or right associated with any Investment or the Managed Account, including any fine, penalty or interest charge; (j) that in exercising their discretions, IAS and the Investment Managers might expose the Client to a range of risks including risk associated with changes in economic cycles, interest rates, investor sentiment and political, social, technological and legal factors as well as changes in a company’s management or its business environment which may affect value of the Client’s Managed Account and the income which the Client receives from Investments. The risks include but are not limited to the risks outlined in the Statement of Advice, the Investments Options Document and the FSG; (k) the Client is aware of the risks involved in each particular type of Investment, has considered the same, and found them to be acceptable; (l) the client releases IAS and the Investment Managers from all liability in respect to risks referred to in clause 10.2(j) and (k); and (m) IAS, the Investment Managers or a director, secretary, representative, employee or consultant of IAS or the Investment Managers, may be a party to a transaction in an Investment or similar Investment at or near the time of the transaction for the Client and may take an opposite position or one which is contrary to or different from the transaction for the Client.

Appears in 2 contracts

Sources: Managed Account Service Agreement, Managed Account Service Agreement

CLIENT ACKNOWLEDGEMENTS. 10.1 3.1 The Client agrees to provide information and/or documentation by Advisor in furtherance of this Agreement as it pertains to Client’s objectives, needs and goals, and to keep Advisor informed of any changes regarding same. The Client acknowledges and agrees: (a) the Financial Adviser has given the Client an FSG; (b) the Client has received Personal Advice from the Financial Adviser in relation to the Managed Account Service and the Investment Options and a Statement of Advice, including an Investment Program, which sets out the basis on which the Financial Adviser considers this Managed Account Contract and Investment Options to be suitable to the Client’s personal circumstances; (c) the Client has provided the Financial Adviser with sufficient, accurate and up to date information on the Client’s personal circumstances and that the Managed Account Service might Advisor cannot be suitable adequately perform its services for the Client if unless the Client has provided limited or inaccurate diligently performs his responsibilities under this Agreement. Advisor is expressly authorized to rely on and act upon any information about obtained from the Client, Client’s personal circumstances; (d) to notify the Financial Adviser as soon as practicable of any material change attorney, accountant or other professionals, in personal circumstances, and to seek Personal Advice from the Financial Adviser to confirm that the Managed Account Contract and the Investment Options remain suitable for the Client; (e) the Financial Adviser must review the suitability of the Managed Account Service and the Investment Options at least once per year and provide a Statement of Advice to the Client; (f) the Financial Adviser in providing Personal Advice to the Client in relation to the Managed Account Service and the Investment Options is acting as an External MDA Adviser and is not acting as an agent of IAS; and (g) the provision of the Managed Account Service to the Client under this agreement has not, and will not, constitute the provision of Personal Advice by IAS or any of its agents to the Client. 10.2 Further, the Client acknowledges and agrees: (a) to execute any document necessary to carry out any transaction required under this agreement or to provide any information required by any Regulator; (b) the contents of the Investment Options Document or any other document is not to be taken as a representation by IAS or the Investment Managers as to investment return or future performance of any Investment Option; (c) IAS and the Investment Managers do not assure, guarantee or represent to the Client any particular investment performance will be achieved by an Investment Option or the repayment of capital contributed by the Client; (d) IAS and the Investment Managers will not be responsible for any loss or liability incurred by the Client if IAS or the Investment Managers act or refrain from acting within connection with the terms of this Agreement; 3.2 Client acknowledges, understands and agrees that any and all information provided by Client in the discretion authorised LPL account opening documents for the account(s) referenced in this Agreement, including Client’s investment objectives, risk tolerance, net worth, net income, age, time horizon, tax situation and other various suitability factors, are expressly incorporated by reference into and considered part of this Agreement as if such information were fully set forth at length herein. 3.3 Client authorizes Advisor to respond to inquiries from, and communicate and share information with, Client’s attorney, accountant and other professionals to the extent necessary in furtherance of Advisor’s services under this Agreement. 3.4 Client authorizes advisor to communicate and share Client, or if any dealing or proposed dealing is interrupted, unable to be completed or unable to take place due to failure of any computer, telephone or other electronic service or any ’s account information with Qualified Custodians (as defined below) and other third party act or omission;entities, as necessary for the ongoing supervision and/or management of your account. (e) unless stated otherwise in the Investment Options Document, IAS, the Investment Managers and the Sub-Custodian(s) are not obliged to exercise any right or benefit attached to or granted to the Investments (including, but not limited to voting rights, participation in rights issues, share purchase plans, buy backs, takeover offers or schemes of arrangements) and will 3.5 Advisor shall not be liable for failure any damages or delay in exercising any of those rights losses caused by Advisor’s recommendations, advice, allocations, or decisions resulting from reliance on behalf of the Client; (f) income earned in the Managed Account Service may be irregular and income earned outside of Australia may be subject to tax laws applying in those jurisdictions, including the obligation on the payer to withhold tax or to disclose information to tax or other authorities; (g) IAS may be required to withhold tax from income received on Investments, including where representations made by the Client is a non-resident for taxation purposes; (h) actions taken or by IAS or the Investment Managers in managing the Investments or the Managed Account may give rise to capital gains or income tax liabilities. Neither IAS nor the Investment Managers will take account of the Client’s specific tax position in making decisions;representatives, agents, or affiliates. (i) IAS will not be responsible for any liability incurred in relation 3.6 Client acknowledges that it has made an independent determination that the fees payable pursuant to taxation this Agreement are reasonable and prudent. 3.7 The Client hereby acknowledges prior receipt of any Investment, payment, dealing or right associated with any Investment or the Managed Accountfirm’s Privacy Notice and its disclosure documents, including any finebut not limited to, penalty or interest charge;Form ADV Part 2A(“Firm Brochure”), and Form ADV Part 2B (“Brochure Supplement’). Client further acknowledges that he has had a reasonable opportunity to review said disclosure documents prior to the execution of this Agreement. (j) 3.8 In the event that in exercising their discretionsthis Advisory relationship is the result of a referral by a Solicitor, IAS and the Investment Managers might expose the Client to a range of risks including risk associated with changes in economic cycles, interest rates, investor sentiment and political, social, technological and legal factors as well as changes in a company’s management or its business environment which may affect value acknowledges prior receipt of the ClientSolicitor’s Managed Account ADV Part 2B (“Brochure Supplement”) along with the Solicitor Disclosure Statement attached herein, and the income which the Client receives from Investments. The risks include but are not limited in addition to the risks outlined disclosure documents described in section 3.6 above. Client further acknowledges that he has had a reasonable opportunity to review all said disclosure document prior to execution of this Agreement. 3.9 Client acknowledges receipt and understanding of this entire Agreement and all provisions including those pertaining to pre-dispute arbitration set forth herein; and agrees to abide by the Statement of Advice, the Investments Options Document and the FSG; (k) the Client is aware of the risks involved in each particular type of Investment, has considered the same, and found them to be acceptable; (l) the client releases IAS and the Investment Managers from all liability in respect to risks referred to in clause 10.2(j) and (k); and (m) IAS, the Investment Managers or a director, secretary, representative, employee or consultant of IAS or the Investment Managers, may be a party to a transaction in an Investment or similar Investment at or near the time of the transaction for the Client and may take an opposite position or one which is contrary to or different from the transaction for the Clientprovisions set forth within this Agreement.

Appears in 1 contract

Sources: Wealth Management Advisory and Consulting Agreement

CLIENT ACKNOWLEDGEMENTS. 10.1 3.1 Client acknowledges that the RIA is not licensed to engage in the practice of law or accounting. The Advisor may address legal issues and tax issues in the course of this engagement, however, the Client shall not rely solely on those discussions as legal or tax advice. None of the fees for Services under this agreement relate to accounting or legal services. If legal or tax advice is desired, the Client shall consult and engage a licensed Attorney or Accountant under separate agreement or arrangement. 3.2 Client is responsible for supplying information and/or documentation to Advisor in furtherance of this Agreement as it pertains to Client’s objectives, needs and goals, and to keep Advisor informed of any changes regarding same. The Client acknowledges and agrees: (a) the Financial Adviser has given the Client an FSG; (b) the Client has received Personal Advice from the Financial Adviser in relation to the Managed Account Service and the Investment Options and a Statement of Advice, including an Investment Program, which sets out the basis on which the Financial Adviser considers this Managed Account Contract and Investment Options to be suitable to the Client’s personal circumstances; (c) the Client has provided the Financial Adviser with sufficient, accurate and up to date information on the Client’s personal circumstances and that the Managed Account Service might Advisor cannot be suitable adequately perform its Services for the Client if unless the Client has provided limited or inaccurate diligently performs his responsibilities under this Agreement. Advisor is expressly authorized to rely on and act upon any information about obtained from the Client, Client’s personal circumstances; (d) to notify the Financial Adviser as soon as practicable of any material change attorney, accountant or other professionals, in personal circumstances, and to seek Personal Advice from the Financial Adviser to confirm that the Managed Account Contract and the Investment Options remain suitable for the Client; (e) the Financial Adviser must review the suitability of the Managed Account Service and the Investment Options at least once per year and provide a Statement of Advice to the Client; (f) the Financial Adviser in providing Personal Advice to the Client in relation to the Managed Account Service and the Investment Options is acting as an External MDA Adviser and is not acting as an agent of IAS; and (g) the provision of the Managed Account Service to the Client under this agreement has not, and will not, constitute the provision of Personal Advice by IAS or any of its agents to the Client. 10.2 Further, the Client acknowledges and agrees: (a) to execute any document necessary to carry out any transaction required under this agreement or to provide any information required by any Regulator; (b) the contents of the Investment Options Document or any other document is not to be taken as a representation by IAS or the Investment Managers as to investment return or future performance of any Investment Option; (c) IAS and the Investment Managers do not assure, guarantee or represent to the Client any particular investment performance will be achieved by an Investment Option or the repayment of capital contributed by the Client; (d) IAS and the Investment Managers will not be responsible for any loss or liability incurred by the Client if IAS or the Investment Managers act or refrain from acting within connection with the terms of this Agreement. Furthermore, Client acknowledges he/she will review planning assumptions such as rate of return, market value of existing assets, inflation rate and others considered in the discretion authorised rendering of Services under this Agreement, and that Client will notify the Advisor if Client does not concur with any assumptions used in rendering the Services. 3.3 Client authorizes Advisor to respond to inquiries from, and communicate and share information with, Client’s attorney, accountant, and other professionals as may be designated by the Client, or if any dealing or proposed dealing is interrupted, unable to be completed or unable to take place due to failure of any computer, telephone or other electronic service or any other third party act or omission; (e) unless stated otherwise in the Investment Options Document, IAS, the Investment Managers and the Sub-Custodian(s) are not obliged to exercise any right or benefit attached to or granted to the Investments (including, but not limited to voting rights, participation extent necessary in rights issues, share purchase plans, buy backs, takeover offers or schemes furtherance of arrangements) and will Advisor’s Services under this Agreement. 3.4 Advisor shall not be liable for failure any damages or delay in exercising any of those rights losses caused by Advisor’s recommendations, advice, allocations, or decisions resulting from reliance on behalf of the Client; (f) income earned in the Managed Account Service may be irregular and income earned outside of Australia may be subject to tax laws applying in those jurisdictions, including the obligation on the payer to withhold tax or to disclose information to tax or other authorities; (g) IAS may be required to withhold tax from income received on Investments, including where representations made by the Client is a non-resident for taxation purposes; (h) actions taken or by IAS or the Investment Managers in managing the Investments or the Managed Account may give rise to capital gains or income tax liabilities. Neither IAS nor the Investment Managers will take account of the Client’s specific tax position in making decisions;representatives, agents, or affiliates. (i) IAS will not be responsible for any liability incurred in relation 3.5 Client acknowledges that it has made an independent determination that the fees payable pursuant to taxation this Agreement are reasonable and prudent. 3.6 Client acknowledges receipt and understanding of any Investment, payment, dealing or right associated with any Investment or the Managed Account, this entire Agreement and all provisions including any fine, penalty or interest charge; (j) that in exercising their discretions, IAS and the Investment Managers might expose the Client those pertaining to a range of risks including risk associated with changes in economic cycles, interest rates, investor sentiment and political, social, technological and legal factors as well as changes in a company’s management or its business environment which may affect value of the Client’s Managed Account and the income which the Client receives from Investments. The risks include but are not limited to the risks outlined in the Statement of Advice, the Investments Options Document and the FSG; (k) the Client is aware of the risks involved in each particular type of Investment, has considered the samepre-dispute arbitration set forth herein, and found them agrees to be acceptable; (l) abide by the client releases IAS and the Investment Managers from all liability in respect to risks referred to in clause 10.2(j) and (k); and (m) IAS, the Investment Managers or a director, secretary, representative, employee or consultant of IAS or the Investment Managers, may be a party to a transaction in an Investment or similar Investment at or near the time of the transaction for the Client and may take an opposite position or one which is contrary to or different from the transaction for the Clientprovisions set forth within this Agreement.

Appears in 1 contract

Sources: Financial Planning and Consulting Agreement

CLIENT ACKNOWLEDGEMENTS. 10.1 The Client acknowledges 12.1 You, the Client, acknowledge and agrees: confirm to Admiral for Admiral’s benefit in relying on the following: you (aor, if a corporate entity, the directors who apply to be bound by these Account Terms) the Financial Adviser has given the Client an FSG; have read and understood all documentation provided to you by us including these Account Terms, any product disclosure statement (bPDS) the Client has received Personal Advice from the Financial Adviser and Admiral’s TMD in relation to any Admiral Products which you request Admiral to make available to you in relation to your Account; you have received, read and understood the Managed Account Service Terms; all dealings in Admiral Products and the Investment Options performance by us of our obligations under these Account Terms are subject to Applicable Laws; at all times you will be able to make payments and fulfil all commitments on your part arising under these Account Terms and under the conditions applicable to dealings between you and Admiral; that trading in Transactions incurs a Statement risk of Adviceloss as well as a potential for profit; we will not provide legal, tax, financial or accounting advice to you as part of the services that we provide to you in accordance with these Account Terms; by these Account Terms (including an Investment Programany Transaction made under it) we do not act in a fiduciary capacity in relation to you and Admiral does not owe any fiduciary obligations to you in respect of its services provided to you in connection with these Account Terms; Admiral may transfer from your other Account(s) held with Admiral (if any), which sets out whether carried or managed by Admiral, such funds as may be required to meet obligations as a result of Transactions between the basis Client and Admiral or to satisfy any amount owing by the Client under these Account Terms or otherwise and Admiral would not enter into these Account Terms but for this acknowledgement (and all of the other terms); Admiral will either deal by issuance of a contract or it will instruct third parties to deal on behalf of the Client, in the Admiral Products, as required by the Transaction; the Client will provide to Admiral on request such information regarding its financial and business affairs and identity, as Admiral may reasonably require; in agreeing to these Account Terms, the Client appoints Admiral as its agent for the purpose of dealing in Admiral Products in accordance with these Account Terms when necessary to implement your Order; that all Orders to be placed and all trading to be conducted under these Account Terms must be lawful; in executing and complying with these Account Terms, the Client will not infringe any provisions of any other document or agreement to which the Financial Adviser considers this Managed Account Contract Client is a party; the Client will take all reasonable steps to obtain and Investment Options communicate to Admiral all information, and will deliver or cause to be suitable delivered to Admiral all documents with respect to dealings in the Client’s personal circumstances; (c) Admiral Products which are requested by any person having the right to request such documents and information and the Client has provided the Financial Adviser with sufficient, accurate authorises Admiral to pass on or deliver all such information and up documents to date information on the Client’s personal circumstances and that the Managed Account Service might not be suitable for any such person; the Client will indemnify and keep indemnified Admiral and each of its related bodies corporate and their respective directors, officers employees and agents from and against all sums of money, actions, proceedings, suits, Claims, complaints, demands, damages, costs, expenses and any other amounts whatever claimed against any of them; Admiral is not required to act in accordance with your instructions if the Client has provided limited in Admiral’s opinion to do so would or inaccurate information about the Client’s personal circumstances; (d) to notify the Financial Adviser as soon as practicable of any material change in personal circumstances, and to seek Personal Advice from the Financial Adviser to confirm that the Managed Account Contract and the Investment Options remain suitable for the Client; (e) the Financial Adviser must review the suitability could constitute a breach by it or its agent or counterparty of the Managed Corporations Act or any other Applicable Law; dealings in the Transactions will create an obligation to make a cash payment in accordance with these Account Service and Terms; Admiral acts as principal in respect of the Investment Options at least once per year and provide a Statement Admiral Products issued by Admiral regardless of Advice whether Admiral is acting on Client instructions or not; subject to applicable legal or regulatory requirements, you consent to Admiral either knowingly or unknowingly taking the Client; (f) the Financial Adviser in providing Personal Advice opposite side to the Client in relation to the Managed Account Service and the Investment Options is acting as an External MDA Adviser and is not acting as an agent of IAS; and (g) the provision any of the Managed Account Service Admiral Products, without notice to the Client; subject to applicable legal or regulatory requirements, the Client agrees and acknowledges that Admiral’s directors, employees and associates (and their directors, employees) may and can deal on their own account in Transactions which may be the same as or differ from your Transactions; Admiral ▇▇▇, in its sole discretion and without explanation, refuse to deal with or on behalf of the Client in relation to any Transaction (including Closing Out existing open positions held in Admiral’s account on behalf of the Client) or to limit the number of open positions of or held on behalf of the Client or both; if errors have occurred in the pricing of Transactions quoted by Admiral to the Client, Admiral may choose not to be bound by such Transactions (without further liability to the Client) if Admiral is able to substantiate to the Client under this agreement has notthat there was a material error at the time of the Transaction; there are risks associated with using an internet-based deal execution trading system which include, but are not limited to, the failure of hardware, software, and will notinternet connection and since Admiral does not control data flows, constitute the provision internet or power connection, routing via internet, configuration of Personal Advice by IAS your equipment or any reliability of its agents to the Client. 10.2 Furtherconnection, the Client acknowledges and agrees: (a) to execute any document necessary to carry out any transaction required under this agreement or to provide any information required by any Regulator; (b) the contents of the Investment Options Document or any other document is not to be taken as a representation by IAS or the Investment Managers as to investment return or future performance of any Investment Option; (c) IAS and the Investment Managers do not assure, guarantee or represent to the Client any particular investment performance will be achieved by an Investment Option or the repayment of capital contributed by the Client; (d) IAS and the Investment Managers Admiral will not be responsible for any loss communication failures, distortions or liability incurred delays when trading (including processing payments)) via the internet; reports to the Client on the execution of Confirmations by Admiral, and the content of such Confirmations being statements, unless otherwise objected to within 48 hours after communication to the Client, will be deemed to be conclusive proof of the accuracy of such contents and their execution in accordance with these Account Terms except only in the case of manifest error; a notice issued by an authorised officer or agent of Admiral stating the amount of money due and payable by the Client if IAS will be taken as conclusive evidence of notice except only in the case of manifest error; each Admiral Product has a Leverage Rate which determines the minimum Margin cover which you must maintain for Transactions in that Admiral Product. Please see our PDS for the updated minimum margin requirements and leverage ratios in accordance with the ASIC Corporations (Product Intervention Order—Contracts for Difference) Instrument 2020/986; each Admiral Product is tailored by Contract Size; Admiral Products traded on a Trading Platform will not be settled by the physical or deliverable settlement of the Investment Managers act Underlying Reference Instrument on their Value Date. The Admiral Products are rolled or “swapped” indefinitely until you decide to Close Out the Transaction. All representations, warranties and acknowledgments given by you under this these Account Terms are taken to have been made at the time you complete the Application Form and are taken to have been repeated by you: 1. each time you place an Order with us; 2. each time you enter into a Transaction with us, or we enter into a Transaction on your behalf; and (c) each time we do anything or refrain from acting within doing something under these Account Terms or as contemplated by these Account Terms in connection with your Account or any Transaction. You will be deemed a retail client by Admiral. However, we reserve the terms of right to assess your wholesale client or retail client status from time to time. If you satisfy the discretion authorised by the Client, or if any dealing or proposed dealing is interrupted, unable criteria to be completed or unable classified as a wholesale client, we may classify you as such. We are under no obligation to take place due to failure of any computer, telephone or other electronic service or any other third party act or omission; (e) unless stated otherwise in the Investment Options Document, IAS, the Investment Managers and the Sub-Custodian(s) are not obliged to exercise any right or benefit attached to or granted to the Investments (including, inform you if we classify you as a wholesale client but not limited to voting rights, participation in rights issues, share purchase plans, buy backs, takeover offers or schemes of arrangements) and will not be liable for failure or delay in exercising any of those rights on behalf of the Client; (f) income earned in the Managed Account Service may be irregular and income earned outside of Australia may be subject to tax laws applying in those jurisdictions, including the obligation on the payer to withhold tax or to disclose information to tax or other authorities; (g) IAS may be required to withhold tax from income received on Investments, including where the Client is notify you as a non-resident for taxation purposes; (h) actions taken by IAS or the Investment Managers in managing the Investments or the Managed Account may give rise to capital gains or income tax liabilities. Neither IAS nor the Investment Managers will take account of the Client’s specific tax position in making decisions; (i) IAS will not be responsible for any liability incurred in relation to taxation of any Investment, payment, dealing or right associated with any Investment or the Managed Account, including any fine, penalty or interest charge; (j) that in exercising their discretions, IAS and the Investment Managers might expose the Client to a range of risks including risk associated with changes in economic cycles, interest rates, investor sentiment and political, social, technological and legal factors as well as changes in a company’s management or its business environment which may affect value of the Client’s Managed Account and the income which the Client receives from Investments. The risks include but are not limited to the risks outlined in the Statement of Advice, the Investments Options Document and the FSG; (k) the Client is aware of the risks involved in each particular type of Investment, has considered the same, and found them to be acceptable; (l) the client releases IAS and the Investment Managers from all liability in respect to risks referred to in clause 10.2(j) and (k); and (m) IAS, the Investment Managers or a director, secretary, representative, employee or consultant of IAS or the Investment Managers, may be a party to a transaction in an Investment or similar Investment at or near the time of the transaction for the Client and may take an opposite position or one which is contrary to or different from the transaction for the Clientcourtesy.

Appears in 1 contract

Sources: Account Terms

CLIENT ACKNOWLEDGEMENTS. 10.1 The Client acknowledges and agreesto FANBERRY that: (a) the Financial Adviser has given the Client an FSG; (b) the Client has received Personal Advice from the Financial Adviser in relation to the Managed Account Service and the Investment Options and a Statement of AdviceFANBERRY will deal or instruct third parties, including an Investment ProgramProduct Providers, which sets out the basis to deal on which the Financial Adviser considers this Managed Account Contract and Investment Options to be suitable to behalf of the Client, in the financial products at FANBERRY’s personal circumstances; (c) the Client has provided the Financial Adviser with sufficient, accurate absolute discretion and up without further reference to date information on the Client’s personal circumstances and that the Managed Account Service might not be suitable for the Client if the Client has provided limited or inaccurate information about the Client’s personal circumstances; (d) to notify the Financial Adviser as soon as practicable of any material change in personal circumstances, and to seek Personal Advice from the Financial Adviser to confirm that the Managed Account Contract and the Investment Options remain suitable for approval by the Client; (b) Where the Client chooses to instruct FANBERRY to effect additional transactions at the Client’s discretion, the Client acknowledges that such actions may impact the performance of their investment portfolio managed by FANBERRY and may cause FANBERRY to invest outside the parameters of the MDA Investment Mandate contained herein. c) FANBERRY may utilise the execution and settlement services of appropriately licensed third parties on behalf of the Client in order to provide the services detailed in these Terms & Conditions; d) Dealings in the financial products may create an obligation to give or take delivery or make a cash adjustment in accordance with the terms of the relevant transaction; e) the Financial Adviser must review the suitability Where a financial product has no maturity date or defined term, open contracts shall continue until such date as they are closed; f) All dealings executed on behalf of the Managed Account Service Client pursuant to these Terms & Conditions shall be at the absolute discretion of FANBERRY and without further reference to or approval by the Investment Options at least once per year Client. In particular, FANBERRY shall be entitled to take any action it considers necessary in its absolute discretion to ensure compliance with the operating rules and provide all other applicable laws and regulatory decisions; g) FANBERRY need to act as principal in respect of the financial products traded by FANBERRY on behalf of the Client regardless of whether FANBERRY is acting on Client instructions or not; h) The Client has been made specifically aware that in certain markets, FANBERRY may act as a Statement of Advice market maker and when so acting under normal market circumstances quote the Client bid and ask prices. FANBERRY will only disclose that it is acting as a market maker in response to a written request from the Client to make such disclosure. The Client accepts that in such markets, FANBERRY may hold positions that are contrary to the Clientposition of Clients resulting in potential conflicts of interest; (fi) Subject to applicable legal/regulatory requirements, the Financial Adviser in providing Personal Advice Client consents where FANBERRY either knowingly or unknowingly takes the opposite side to the Client in relation to the Managed Account Service and the Investment Options is acting as an External MDA Adviser and is not acting as an agent of IAS; and (g) the provision any of the Managed Account Service financial product transactions; j) Subject to the Client under this agreement has not, and will not, constitute the provision of Personal Advice by IAS or any of its agents to the Client. 10.2 Furtherapplicable legal/regulatory requirements, the Client agrees and acknowledges that FANBERRY’s directors, employees and agrees: (a) to execute any document necessary to carry out any transaction required under this agreement or to provide any information required by any Regulatorassociates may and can deal on their own account; (bk) FANBERRY reserves the contents right, at its sole discretion and without explanation, to refuse to deal on behalf of the Investment Options Document Client in relation to any exchange traded or any over-the-counter financial products (other document is not to be taken as a representation by IAS or the Investment Managers as to investment return or future performance of any Investment Option; (c) IAS and the Investment Managers do not assure, guarantee or represent to the Client any particular investment performance will be achieved by an Investment Option or the repayment of capital contributed by the Client; (d) IAS and the Investment Managers will not be responsible for any loss or liability incurred by the Client if IAS or the Investment Managers act or refrain from acting within the terms of the discretion authorised by the Client, or if any dealing or proposed dealing is interrupted, unable to be completed or unable to take place due to failure of any computer, telephone or other electronic service or any other third party act or omission; (e) unless stated otherwise than closing out existing open positions held in the Investment Options Document, IAS, the Investment Managers and the Sub-Custodian(s) are not obliged to exercise any right or benefit attached to or granted to the Investments (including, but not limited to voting rights, participation in rights issues, share purchase plans, buy backs, takeover offers or schemes of arrangements) and will not be liable for failure or delay in exercising any of those rights FANBERRY’s account on behalf of the Client) or to limit the number of open positions held on behalf of the Client or both; (fl) income earned Where errors have occurred in the Managed Account Service may pricing of transactions quoted by FANBERRY to the Client, FANBERRY reserves the right to not be irregular and income earned outside of Australia may be subject bound by such contract where FANBERRY is able to tax laws applying in those jurisdictions, including the obligation on the payer substantiate to withhold tax or to disclose information to tax or other authorities; (g) IAS may be required to withhold tax from income received on Investments, including where the Client is that there was a non-resident for taxation purposes; (h) actions taken by IAS or the Investment Managers in managing the Investments or the Managed Account may give rise to capital gains or income tax liabilities. Neither IAS nor the Investment Managers will take account of the Client’s specific tax position in making decisions; (i) IAS will not be responsible for any liability incurred in relation to taxation of any Investment, payment, dealing or right associated with any Investment or the Managed Account, including any fine, penalty or interest charge; (j) that in exercising their discretions, IAS and the Investment Managers might expose the Client to a range of risks including risk associated with changes in economic cycles, interest rates, investor sentiment and political, social, technological and legal factors as well as changes in a company’s management or its business environment which may affect value of the Client’s Managed Account and the income which the Client receives from Investments. The risks include but are not limited to the risks outlined in the Statement of Advice, the Investments Options Document and the FSG; (k) the Client is aware of the risks involved in each particular type of Investment, has considered the same, and found them to be acceptable; (l) the client releases IAS and the Investment Managers from all liability in respect to risks referred to in clause 10.2(j) and (k); and (m) IAS, the Investment Managers or a director, secretary, representative, employee or consultant of IAS or the Investment Managers, may be a party to a transaction in an Investment or similar Investment material error at or near the time of the transaction for the Client transaction; m) any benefit or right obtained by FANBERRY upon registration of an OTC financial product is personal to FANBERRY and may take an opposite position such benefit or one which is contrary right shall not pass to or different from the transaction for the Client.;

Appears in 1 contract

Sources: Client Agreement

CLIENT ACKNOWLEDGEMENTS. 10.1 3.1 Client acknowledges that the RIA is not licensed to engage in the practice of law or accounting. The Advisor may address legal issues and tax issues in the course of this engagement, however, the Client shall not rely solely on those discussions as legal or tax advice. None of the fees for Services under this agreement relate to accounting or legal services. If legal or tax advice is desired, the Client shall consult and engage a licensed Attorney or Accountant under separate agreement or arrangement. 3.2 Client is responsible for supplying information and/or documentation to Advisor in furtherance of this Agreement as it pertains to Client’s objectives, needs and goals, and to keep Advisor informed of any changes regarding same. The Client acknowledges and agrees: (a) the Financial Adviser has given the Client an FSG; (b) the Client has received Personal Advice from the Financial Adviser in relation to the Managed Account Service and the Investment Options and a Statement of Advice, including an Investment Program, which sets out the basis on which the Financial Adviser considers this Managed Account Contract and Investment Options to be suitable to the Client’s personal circumstances; (c) the Client has provided the Financial Adviser with sufficient, accurate and up to date information on the Client’s personal circumstances and that the Managed Account Service might Advisor cannot be suitable adequately perform Services for the Client if unless the Client has provided limited or inaccurate diligently performs his responsibilities under this Agreement. Advisor is expressly authorized to rely on and act upon any information about obtained from the Client, Client’s personal circumstances; (d) to notify the Financial Adviser as soon as practicable of any material change attorney, accountant or other professionals, in personal circumstances, and to seek Personal Advice from the Financial Adviser to confirm that the Managed Account Contract and the Investment Options remain suitable for the Client; (e) the Financial Adviser must review the suitability of the Managed Account Service and the Investment Options at least once per year and provide a Statement of Advice to the Client; (f) the Financial Adviser in providing Personal Advice to the Client in relation to the Managed Account Service and the Investment Options is acting as an External MDA Adviser and is not acting as an agent of IAS; and (g) the provision of the Managed Account Service to the Client under this agreement has not, and will not, constitute the provision of Personal Advice by IAS or any of its agents to the Client. 10.2 Further, the Client acknowledges and agrees: (a) to execute any document necessary to carry out any transaction required under this agreement or to provide any information required by any Regulator; (b) the contents of the Investment Options Document or any other document is not to be taken as a representation by IAS or the Investment Managers as to investment return or future performance of any Investment Option; (c) IAS and the Investment Managers do not assure, guarantee or represent to the Client any particular investment performance will be achieved by an Investment Option or the repayment of capital contributed by the Client; (d) IAS and the Investment Managers will not be responsible for any loss or liability incurred by the Client if IAS or the Investment Managers act or refrain from acting within connection with the terms of this Agreement. Furthermore, Client acknowledges he/she will review planning assumptions such as rate of return, market value of existing assets, inflation rate and others considered in the discretion authorised rendering of Services under this Agreement, and that Client will notify the Advisor if Client does not concur with any assumptions used in rendering the Services. 3.3 Client authorizes Advisor to respond to inquiries from, and communicate and share information with, Client’s attorney, accountant, and other professionals as may be designated by the Client, or if any dealing or proposed dealing is interrupted, unable to be completed or unable to take place due to failure of any computer, telephone or other electronic service or any other third party act or omission; (e) unless stated otherwise in the Investment Options Document, IAS, the Investment Managers and the Sub-Custodian(s) are not obliged to exercise any right or benefit attached to or granted to the Investments (including, but not limited to voting rights, participation extent necessary in rights issues, share purchase plans, buy backs, takeover offers or schemes furtherance of arrangements) and will Advisor’s Services under this Agreement. 3.4 Advisor shall not be liable for failure any damages or delay in exercising any of those rights losses caused by Advisor’s recommendations, advice, allocations, or decisions resulting from reliance on behalf of the Client; (f) income earned in the Managed Account Service may be irregular and income earned outside of Australia may be subject to tax laws applying in those jurisdictions, including the obligation on the payer to withhold tax or to disclose information to tax or other authorities; (g) IAS may be required to withhold tax from income received on Investments, including where representations made by the Client is a non-resident for taxation purposes; (h) actions taken or by IAS or the Investment Managers in managing the Investments or the Managed Account may give rise to capital gains or income tax liabilities. Neither IAS nor the Investment Managers will take account of the Client’s specific tax position in making decisions;representatives, agents, or affiliates. (i) IAS will not be responsible for any liability incurred in relation 3.5 Client acknowledges that it has made an independent determination that the fees payable pursuant to taxation this Agreement are reasonable and prudent. 3.6 Client acknowledges receipt and understanding of any Investment, payment, dealing or right associated with any Investment or the Managed Account, this entire Agreement and all provisions including any fine, penalty or interest charge; (j) that in exercising their discretions, IAS and the Investment Managers might expose the Client those pertaining to a range of risks including risk associated with changes in economic cycles, interest rates, investor sentiment and political, social, technological and legal factors as well as changes in a company’s management or its business environment which may affect value of the Client’s Managed Account and the income which the Client receives from Investments. The risks include but are not limited to the risks outlined in the Statement of Advice, the Investments Options Document and the FSG; (k) the Client is aware of the risks involved in each particular type of Investment, has considered the samepre-dispute arbitration set forth herein, and found them agrees to be acceptable; (l) abide by the client releases IAS and the Investment Managers from all liability in respect to risks referred to in clause 10.2(j) and (k); and (m) IAS, the Investment Managers or a director, secretary, representative, employee or consultant of IAS or the Investment Managers, may be a party to a transaction in an Investment or similar Investment at or near the time of the transaction for the Client and may take an opposite position or one which is contrary to or different from the transaction for the Clientprovisions set forth within this Agreement.

Appears in 1 contract

Sources: Financial Planning and Consulting Agreement