execution of these presents and shall remain in force until determined as provided for in this agreement.

Transcription

1 This agreement made at Delhi, this day f, 20 between M/s. Elite Wealth Advisrs Ltd., a Cmpany registered in India under the Cmpanies Act, 1956, and having its registered ffice at S-8, DDA Shpping Cmplex, Mayur Vihar, Phase 1, Delhi: (hereinafter referred t as 'The IFA') which expressin shall, unless it be repugnant t the cntext r meaning theref, mean and include, its successrs and permitted assigns), f the FIRST PART AND Mr./Ms., Indian Inhabitant/s / Nn Resident Indian/s, currently residing at (hereinafter referred t as 'The INVESTOR'), which expressin shall, unless it be repugnant t the cntext r meaning theref, mean and include his/her r their respective heirs, executrs, administratrs and permitted assigns, f the OTHER PART WHEREAS 1. The IFA is in the business f prviding their clients with investment pprtunities thrugh Mutual Funds, Insurance Cmpanies and ther financial investment pprtunities available in the primary and secndary markets 2. The IFA is ffering the Investr, thrugh its website, the facility t access the websites f varius Asset Management Cmpanies, Insurance Cmpanies and Other Entities ffering Investment prducts (hereinafter referred t as the Investee ) wherein the Investr may be allwed t make investments and/r subscribe t varius schemes. 3. The IFA is als ffering, thrugh its website, the Investr the facility t access the websites f varius Banks t enable the Investr t make nline payments fr investment purpses. 4. The Investrs are clients f the IFA and wh have expressed their desire t avail f the afresaid facilities prvided by the IFA. 5. The Investr is desirus f availing this facility ffered by Cmpany n the terms and cnditins stated hereinafter 6. The parties heret are desirus f recrding the terms and cnditins f their agreement in writing. Nw these presents witnesseth and the parties heret agree as fllws: 1. Date f Cmmencement: This Agreement shall be deemed t cmmence n and frm the date f executin f these presents and shall remain in frce until determined as prvided fr in this agreement. 2. Services Offered: The IFA shall upn the Investr registering with the IFA, prvide the Investr with an unique ID and Passwrd t enable the Investr t access the Member services prvided n the website f the IFA. The Investr shall be prvided with the facility t change the Passwrd in the area prvided in the website: The Investr shall ensure that the Passwrd which enables access t the varius Member services shall be kept secret and nt revealed t anybdy else withut exceptin. Upn successfully lgging in, the Investr shall be allwed access t the member Services f the IFA s website wherein the Investr shall inter alia, be prvided with links t the

2 2. Disclaimers: websites f the varius Investees and Banks where the Investr shall be allwed t invest directly with the Investee. The IFA may inter alia, prvide general infrmatin regarding the Financial and Capital Markets which will be accessible by the Investr. The IFA shall btain the feeds frm the Investees r their Agents and may prvide statements f the investments f the Investr as per the frmats designed by the IFA frm time t time. The IFA may prvide Cmparisns between the schemes f the varius Investees and may als prvide their recmmendatins fr investing in the schemes f the varius Investees. The IFA may at its discretin ffer the Investrs and registered users varius ther services which the IFA may design frm time t time. The IFA reserves the right t alter, suspend, limit r withdraw any r all f the services available n the IFA s website in respect f ne r all users at any time with prir ntice f ne wrking day. The IFA may ffer the Investr the facility t use the Payment Gateway available t the IFA, t enable the Investr t make payments twards the investments with the Investee. The charges fr the facility t use the Payment Gateway shall be brne by the Investr and shall be as decided by the IFA and cmmunicated t the Investr frm time t time. Currently, the IFA has entered int an agreement with RBI apprved Payment Gateway. The date, time, value and ther matters displayed n the cnfirmatin screen prvided by the Investee s website and registered in the database f the Investee r their Agents shall be final and the same shall be binding n the Investr. The IFA has prvided links t third party websites merely as a matter f cnvenience, and des nt mnitr and shall nt be respnsible fr the cntent, quality and accessibility f sites accessed thrugh such links. The IFA shall nt be respnsible fr any matter r dispute arising between the Investr and the third party websites under any circumstances whatsever. The Investr shall be respnsible fr all persnal and ther data prvided by them t the IFA r the Investee thrugh the IFA s Websites. The IFA shall nt be respnsible fr any leakage r disclsure f such infrmatin prvided by the Investr t the Investee s websites either during the currency f these presents r at anytime thereafter. The IFA shall Endeavur t secure the cntents f the IFA s website against unauthrised access by deplying reasnable and cmmercially justifiable security measures. the IFA accepts n liability fr any claims arising ut f unauthrised access t their website, whether attributable t the negligence f the investr r nt except by the prven malicius r mala fide act f any emplyee(s) f the Cmpany. In spite f the best effrts f the IFA t keep the IFA s website nline at all times, access t the same may be restricted, inaccessible r unavailable t the Investr fr varius reasns fr different perids f time. The IFA shall nt be liable fr any lsses incurred by the Investr, ntinal r therwise, attributable t such restrictins, inaccessibility r unavailability.

3 The respnses fr certain services shall be thrugh . The investr cnfirms that he is aware that messages can be intercepted withut authrizatin while in transit r while in the mailbx f the recipient. The IFA shall nt be liable fr such unauthrised interceptin r access under any circumstances whatsever. The IFA shall endeavur t keep infrmatin prvided n the IFA s website current and accurate n a best effrt basis. Hwever, the IFA makes n warranties as t the currency r accuracy f the data available n its website and shall nt be liable fr any lsses incurred by the Investr in this regard under any circumstances whatsever. The IFA strngly recmmends that investment and transactin decisins be based n the physical frm which inter alia include cpies f the statements, infrmatin, literature and/r ther material etc and investrs shuld nt base their investment and transactin decisins nly n the data available n the Investee website(s). All investments must be carried ut by Investrs after careful perusal f the ffer dcument and risk factrs assciated with each Scheme. The IFA shall nt be liable fr any lsses incurred by the Investr arising frm infrmatin prvided by the AMC n their websites r in the physical frm. The IFA shall nt be respnsible fr prviding acknwledgements fr the investments made by the Investr n the Investee s websites and the Investr is advised t keep a printed cpy f the receipt prvided n the Investee s website fr future reference. 2. Transactin Rights f Investrs: The IFA cnfirms that there shall be n restrictins n the Investr fr transacting directly with the AMC withut recurse t the Distributr at any time under the fli(s) tagged with the IFA s brker cde with the Investee. The Investr shall als have the ptin t apply fr Units in single name f anyne r mre names f the jint accunt hlders f the designated bank accunt subject t the terms and cnditins f the relevant SID. The IFA als agrees t the disclsure f the Cmmissin details as per SEBI circular dated 30th June, 2009; 3. Representatins By Investr: The Investr agrees that the Investr shall nt, under any circumstances hld the IFA respnsible fr any data lss, r leakage f data, infrmatin r passwrds f the Investr prvided the same is nt caused due t the negligence f the IFA. The Investr acknwledges that the cnslidated hlding statement prvided by the IFA is based n the feeds received frm the Investee r their Agents and shall nt hld the IFA respnsible r liable fr any errrs in the cnslidated hlding statement. The Investr shall neither hld the IFA respnsible r liable fr any damages caused due t the Investment decisins made by the Investr based n the recmmendatins / advice ffered by the IFA. The Investr shall at all times be bund by the terms and cnditins as laid dwn by the IFA and published n their website frm time t time with regards the number f transactins, transactin charges, cut ff times fr transactins, etc. The Investr hereby cnfirms that he is aware that the cut-ff timing mentined n the Investee Websites may be prir t the statutry cut-ff timing specified under SEBI Regulatins and the SID/SAI fr peratinal cnvenience; The Investr is aware that the IFA has entered int varius agreements with varius Third Party Service Prviders t enable the Investr t execute the transactins smthly, cpies

4 f which will be prvided t the Investr and hereby undertakes nt t cmmit any act which wuld vilate the agreement executed by the IFA with any Third Party Service Prvider and als cnfirms that he shall be respnsible fr any breach caused by him and liable fr any csts and cnsequences theref The Investr shall nt hld the IFA respnsible r liable fr the transactins initiated by the Investr n the websites f the varius AMC s, due t nn-availability f the websites f the varius AMC s r due t the failure f the Payment Gateway ffered by the IFA, prvided the same is nt caused due t the negligence f the IFA. The Investr declares that the Investr has cmplied with and shall at all times remain in Cmpliance with all applicable laws, rules, regulatins, etc. f any designated authrity. The Investr hereby authrizes the IFA t receive the investment details which will be frwarded by the Investees t the IFA. The Investr hereby undertakes t execute all such dcuments as required by the Investee fr such authrizatin. The Investr cnfirms that they are aware that the Investee shall share infrmatin abut the Investr s investment with the Investee, with the IFA and the Payment Gateway prvider fr the prcessing f the transactin requests f the Investr and the Investr hereby grants their n bjectin t the same The Investr shall file the requisite Nminatin with each f the varius Investee s as required by the Investees. 2. Authrity t Cmpany: As the transactin is t be prcessed thrugh the website f the IFA, the Investee requires the IFA t be authrized t act n behalf f the Investr and as required by the Investee, the Investr hereby authrizes the IFA t act n his behalf fr the executin f all transactins, entering int crrespndence, with the varius Investee entitles and further agrees t execute any specific Authrity Letter as required by an f the Investee entities. The Investr hereby cnfirms that he is aware f the varius prcedures, guidelines, rules and regulatins gverning the Investee and shall nt hld the IFA respnsible fr any lsses r claims in this regard. 3. Fees: The IFA shall charges the Investr an annual fee f Rs. and the same shall be cllected upn executin f these presents. The fees shall be inclusive f the transactins charges payable t the prvider f the Payment Gateway at the present levels. In the event f an increase in the charges f the prvider f the Payment Gateway, the Investr undertakes t pay t the IFA all such increased charges. The Investr als undertakes t ensure that the Fees payable t the IFA are paid by the Investr prir t the date n which they fall due which shall be the anniversary f the date f executin f these presents. 4. Terminatin: This agreement may be terminated by either party by giving t the ther 1 (ne) mnths ntice in writing. Prvided that where, in the pinin f the IFA, the investr has indulged r is indulging in any activity which is detrimental t the interests f the IFA, Investees r any ther investr(s), this agreement may be terminated by the IFA by giving 3 (three) days ntice in writing t the Investr. 5. Cnsequences f Breach: In the event the Investr cntravenes any ther prvisin cntained herein, the IFA shall issue a ntice t the Investr t remedy the defect within the time specified in the ntice. Upn failure by the Investr t remedy the defect within the specified time, this agreement may be terminated by the IFA at their sle discretin and the IFA shall, withut prejudice t any ther remedy under the law, be entitled t recver damages fr any lss caused t them.

5 6. Indemnity: In the event that either Party (defaulting party) cmmits a breach f any f the prvisins f this agreement, r where the representatins made by the defaulting party are fund t be inaccurate r incnsistent with the facts, the defaulting party agrees t indemnify and keep indemnified the ther party against any penalties, charges r ther liabilities and all csts, litigatin, (including the csts f defending any litigatin), if any. 7. Severability: If any sectin, paragraph r clause f this Agreement shall be held t be invalid r unenfrceable by any apprpriate authrity then the meaning f such sectin, paragraph r clause shall be s cnstructed s as t render it enfrceable t the extent feasible and if n feasible interpretatin wuld save such sectin, paragraph r clause it shall be severed frm the Agreement and the remaining prtin f the agreement shall cntinue with full frce and effect. If such sectin, paragraph r clause is cnsidered an essential element f this Agreement, the parties shall prmptly negtiate a replacement theref. In the event the parties are unable t agree upn the replacement within 30 (thirty) days f the final decisin rendering such terms invalid r unenfrceable, the parties may terminate this Agreement by mutual cnsent. 8. Delivery f Ntice: Any ntice, request, cnsent, waiver r ther cmmunicatin required r permitted hereunder shall be effective nly if it is in writing and shall be deemed received by the Party t which it is sent - upn delivery when delivered by hand, three days after being sent, if sent with all sending expenses prepaid, by an express curier with a reliable system fr tracking delivery, when transmitted, if sent by cnfirmed facsimile, r 14 days after the date sent, if sent by certified r registered mail, pstage prepaid, return receipt requested, addressed as fllws: If t the IFA: If t the Investr: Elite Wealth Advisrs Ltd. (name f investr) S-8, DDA Shpping Cmplex, Mayur Vihar, Phase 1, Delhi: (addresss) 2. Frbearance: N relaxatin, frbearance, delay r indulgence by the IFA in enfrcing any f the terms and cnditins f this agreement shall prejudice, affect r restrict the rights and pwers f the IFA hereunder nr shall any waiver by the IFA f any breach heref perate as a waiver f any subsequent r any cntinuing breach heref. 3. Entire Agreement: This Agreement cnstitutes the entire understanding between the parties and supersedes all prir agreements and understandings, bth written and verbal, between the parties heret with respect t the transactins cntemplated herein. N reference shall be made by either party t any ther dcument r cmmunicatin fr the purpses f interpreting this agreement r in supprt f its stand. 4. Cnciliatin: All disputes and questins whatsever which may arise either during the subsistence f this agreement r afterwards, between the IFA and the Investr shall firstly be referred t cnciliatin f a single cnciliatr t be appinted jintly by the parties t the dispute and such cnciliatin prceedings shall be in the English language at Delhi, India. The Cnciliatin prceedings shall be gverned by the prvisins f the Arbitratin and Cnciliatin Act, 1996 r any

6 ther statutry mdificatin r re-enactment theref fr the time being in frce and any settlement arrived at between the parties thrugh such cnciliatin shall be binding n all the parties t the said dispute. 5. Arbitratin: In case any dispute between the parties cannt be reslved by means f the cnciliatin prceedings r if at any time during the pendency f cnciliatin prceedings, any party deems it necessary fr the preservatin f his/her rights, any dispute whatsever which may arise either during the subsistence f this agreement r afterwards, between the parties shall be referred t the arbitratin f a single arbitratr t be appinted by the IFA and such arbitratin shall be in the English language at Delhi, India. The arbitratin shall be gverned by the prvisins f the Arbitratin and Cnciliatin Act, 1996 r any ther statutry mdificatin r re-enactment theref fr the time being in frce and any award r awards f such arbitratr shall be binding n all the parties t the said dispute. 6. Authrity t execute: Bth signatries cnfirm that they have the full authrity and sanctin f their respective gverning bdies t sign and enter int this agreement and this agreement shall be placed befre the next regular meeting f their respective gverning bdy fr ratificatin. 7. Jurisdictin: All disputes shall be subject t the jurisdictin f the Curts at Delhi, India. IN WITNESS WHEREOF the parties heret have set their hand n the day and year first herein abve mentined. SIGNED SEALED AND DELIVERED BY THE Within named Elite Wealth Advisrs Ltd., by the hands f its, Mr., in the presence f SIGNED SEALED AND DELIVERED BY THE Within named (investr name), by the hands f its Cnstituted Attrney (in case f POA), Mr., in the presence f