THIS AGREEMENT is made on the …………..day of……….20…….,by the Company and the Client (collectively referred to as “Parties” or individually as “Party”) and includes that Party’s successors and assigns.
In consideration of mutual promises, Parties agree to the following terms and conditions and to be bound thereby:
COMMENCEMENT AND DURATION
This agreement shall be valid from the date of execution until termination.
THE PURPOSE OF THIS AGREEMENT
The purpose of this agreement is to facilitate the opening of a US TD Ameritrade brokerage account and providing support for the account owner.
The Client shall pay the Company $2225 upfront and $2225 before the account delivery.
TERMS AND CONDITIONS
Stock has to be purchased to prove that the account is ready to buy stocks and trade.
The Company is responsible for giving full support to the Client for the account for two years. After two years, this support and fee have to be $995 annually.
The Company shall only perform actions requested by or approved by the Client.
The Company does not have any right on the account besides opening and closing.
The Company is not legally liable for any taxation that the account will have.
All verification will belong to the Company to protect the login for both Parties.
Credentials of the account can not be changed; both parties have to have access to the account.
Since TD Ameritrade does not provide negative balance protection, the account has to have a minimum balance of $5,000; if the account goes down to $5,000, the Company has a right to close the account. If the account goes under $5,000, it will be shut down within three days unless it goes over $5,000.
If TD Ameritrade closes the account due to non-compliance with its terms and conditions, the company will provide it’s support but will not be responsible for the disclosure of the account or any action taken by TD Ameritrade.
The relationship of the parties hereto is that of an independent Contractor.
Either Party may terminate this agreement at any time upon breach of the contract by the other Party or if the other Party agrees to the termination in writing.
Otherwise than for breach, or consent, either Party may terminate this agreement upon giving the other Party no less than thirty (30) days’ notices in writing. The other Party reserves the right to charge costs that have already been incurred if this provision is breached.
The termination of this agreement shall not discharge liabilities accumulated by either Party.
Any clauses intended to survive the termination of this agreement shall survive the termination of this agreement.
The Client shall not transfer or assign this agreement without the Company’s consent. The Company may transfer or assign this agreement without the Client’s consent.
Mediation shall resolve any dispute under this agreement without limiting the Court’s jurisdiction.
The Client shall not disclose, directly or indirectly to any other person, any information concerning this agreement or the Company, whether such information is stated to be confidential or not, without the Company’s written permission.
The provisions of this agreement are severable.
This agreement constitutes the entire agreement between the parties.
Parties may alter this agreement subject to a written document signed by all parties.
Failure by either Party to enforce any of these terms or conditions shall not be a waiver of their right to enforce them.
This agreement may be executed in counterparts, each of which shall be an original, all of which shall constitute the same instrument.
The article and section headings in this agreement are for convenience; they form in no part of this agreement and shall not affect its interpretation.
The Parties will exercise utmost good faith in this agreement.
If any ambiguity is found in the agreement, the Parties shall issue any necessary clarification.
Parties shall be served through the following addresses; either Party may change their addressees by reasonable written notice given to the other Party.
This agreement shall be governed by the _________________________State Laws excluding its conflict-of-laws principles.
IN WITNESS WHEREOF, the Parties have executed this agreement, as set below.
Signed by the authorized representative of the COMPANY Signature: Name: Designation: Date:………………………………………
Signed by the CLIENT
Signature : Name: Date:…………………………………………….……
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