Terms and Conditions

Professional Forex Trader
Managed Accounts Agreement

Please read the following terms and conditions carefully before using or enrolling in the Managed Accounts Service described below. Your use of the Managed Accounts Service will signify your consent to be bound by the terms and conditions set forth in this Agreement. If you elect to participate in the Managed Accounts Service by selecting the Managed Accounts Service option on your Participant Enrollment form, your signature on your Participant Enrollment form indicates your acceptance of the terms and conditions of the Managed Accounts Service set forth herein.




Disclaimers

Money Manager (MM) uses reasonable care, consistent with industry practice, in providing services to you. We do not guarantee the future performance of your account or that the investments we recommend will be profitable. Investment return and principal value will fluctuate with market conditions, and you may lose money. The investments we may recommend, or purchase for your account, if applicable, are subject to various risks, including without limitation, business, market, currency, economic, and political risks. MM does not provide advice for, recommend allocations of, or manage individual stocks (including employer stock), self-directed brokerage accounts, guaranteed certificate funds, or employer-directed monies even if they are available for investment in your Plan.



MM will not be liable to you for any loss caused by (1) our prudent, good faith decisions or actions, (2) following your instructions, or (3) any person other than MM or its affiliates who provides services for your account. MM will not be liable to you for any losses resulting from your disclosure of your personal information or your PIN number to third parties even if the purpose of your disclosure is to enable such person to enroll you in, or cancel your enrollment in, the Managed Accounts Service. MM is not responsible for voting proxies for the securities in your account. We do not guarantee that the services or any content will be delivered to you uninterrupted, timely, secure, or error-free.



TO THE MAXIMUM EXTENT PERMITTED BY LAW, MM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES AND THE SERVICE CONTENT, AND ALL INFORMATION DERIVED FROM THEM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICLAR PURPOSE, QUALITY, ACCURACY, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE OR COURSE OF DEALING. IN ADDITION, ALTHOUGH MM INTENDS TO TAKE REASONALBLE STEPS TO PREVENT THE INTROCUDTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICE, MM DOES NOT WARRANT THAT THE SERVICE OR CONTENT CONTAINED IN THEM WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICE IS FREE OF ERRORS, VIRUSES, WORMS, OR OTHER HARMFUL CONTENT.




LIMITATION OF LIABILITY

YOU UNDERSTAND THAT IN NO EVENT WILL MM OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, CONSULTANTS, AGENTS, LICENSORS OR ANY DATA PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, PUNITIVE, INCIDENTAL, SPECIAL OR INDIRECT DAMGES, LOSS OF BUSINESS REVENUE OR LOST PROFITS, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY EVEN IF WE ARE ADVISED OF THE POSSIBLILITY OF SUCH.




INDEMNIFICATION

You agree to indemnify, defend and hold harmless MM and its officers, directors, shareholders, parents, subsidiaries, affiliates, employees, consultants, agents and licensors from and against any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys’ fees) arising from your failure to comply with this Agreement, the information you provide us, your infringement of any intellectual property or other right of a third party, or from your violation of applicable law.




DESCRIPTION OF SERVICES AND FEES

MM can perform operations on behalf of a managed account with against-parties either directly or through brokerage firms, coherently, in most cases, the principles of best execution and price. MM manages all managed accounts to our Prime Broker (PB). All account opening activities are handled by the Department of the PB compliance. Before you open a managed account, a compliance officer communicates with each client to ensure the application and required paperwork is in order and submitted as a suitable package. However, the brokerage allocation will not be based solely on the desire to obtain the best performance and the best possible price. Depending on the situation, other dealers may be selected on the basis of other considerations, including, but not limited to the authorization: the Regulation, the functionality of the trading platform, record keeping and similar services to the Money Manager.



The monthly fee for the Managed Accounts Service is the equal division of your account performance balance, which is calculated monthly at the end of each calendar month. You will be charged a monthly fee based on your account performance that MM manages on the day the fee is debited. The fee for that month will generally be debited from your account within the last one (1) to seven (7) business days of the end of the month: however, if you cancel your participation in the Managed Accounts Service, the fee for that quarter will be based on your account performence on the date of cancellation and will be debited from your account within five (1) to seven (7) business days of cancellation. If your Plan terminates its agreement with MM, the fee for that month, based on your account performance on the date of termination, will be debited on the termination date. Your acceptance of the terms and conditions of this Agreement constitutes your authorization for MM to deduct the monthly fee on a monthly basis as described above.




LIMITED POWER OF ATTORNEY

Under our License MAM Nº 5121544 provided by the Prime Broker (PB) where your Managed Account is open, MM is authorized to manage your Trading Account.
In addition to manage your trading account you need to give us a Limited Power of Attorney (LPOA). LPOA will given to you by the PB. After returning to the PB and accepted by us, MM can start Managed Accounts Services.




GENERAL PROVISIONS

This Agreement constitutes the entire agreement between you and MM with respect to the subject matter herein. If for any reason any provision or portion of this Agreement is found to be unenforceable, that provision or portion of the Agreement will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. No failure or delay on the part of MM in exercising any right or remedy with respect to a breach of this Agreement by you shall operate as a waiver thereof or of any prior or subsequent breach of this Agreement by you, nor shall the exercise of any such right or remedy preclude any other or future exercise thereof or exercise of any other right or remedy in connection with this Agreement. Any waiver must be in writing and signed by MCF. All terms and provisions of this Agreement, including without limitation, “Disclaimers,” “Limitation of Liability, “ “Indemnification,” “Intellectual Property,” and “Privacy Policy,” which should by their nature survive the termination of this Agreement, shall so survive. This Agreement will automatically terminate upon termination of your Plan’s agreement with MM, or upon termination of your Plan’s service agreement with MM. Nothing in this Agreement shall be construed to waive compliance with any Act, as applicable, or any applicable rule. MM shall not be liable for any delay or failure to perform its obligations hereunder if such delay or failure is caused by an unforeseeable event beyond its reasonable control, including without limitation, act of God; fire; flood; earthquake; labor strike; sabotage; fiber cut; embargoes; power failure; lightning; supplies’ failures; act or omissions of telecommunications common carriers; material shortages or unavailability or other delay in delivery; government codes, ordinances, laws, rules, regulations or restrictions; war or civil disorder, or acts of terrorism. MM reserves the right to modify this Agreement at any time. You will receive advance written notice of any such modifications. Your continued participation in the Managed Accounts Service shall be deemed to be your acceptance of the modified terms of this Agreement. This Agreement shall inure to the benefit of MM’s successor and assigns.




INTELLECTUAL PROPERTY

All content provided as part of the Managed Accounts Service, including without limitation names, logos, methodologies, and news or information provided by third parties, is protected by copyright, trademarks, service marks, patents, or other intellectual property and proprietary rights and laws (“Intellectual Property”) and may constitute trade secrets, as defined by applicable law. All such Intellectual Property is the property of their respective owners and no rights or licenses are granted to you as a result of your participation in the Managed Accounts Service.




PRIVACY POLICY

MM protects your privacy. We have strict policies in place to keep your personal information private. A summary of MM policies and procedures to protect the privacy and security of your personal information is set forth below.


Types of Information We Collect. MM collects personal information about you from applications or other forms that you complete, and LPOA. Such information includes without limitation, your name, address, age, salary, number of dependents, plan account balances and contributions. You may provide us with additional personal information about your investments and preferences at any time. We also keep records of all transactions in your account and any communications about your account.


Security of Your Information. We have strict procedures to protect your privacy. They include physical, administrative, and technical safeguards.


Access to Information. The only employees who have access to your personal information are those who need it to service your account, or to provide you with products or services.


Our Information-Sharing Practices. MM will not disclose, sell, share, or reveal your personal information except in the following circumstances:


We have your authorization to share your personal information with third parties;
We need to share your personal information with our PB who provide a product or service you have requested or to maintain, service or administer you account (such PB do not have the right to use your personal information other than in the performance of services necessary to assist us);
We are required by law to disclose your personal information (for example, in response to a subpoena, governmental or regulatory request, or to protect against fraud or other illegal activity).


Analysis. We may perform analyses based on data about our customers. Such data will not contain personally identifiable information.


Our Treatment of Information About Former Customers. Protecting your privacy goes beyond our relationship with your as a participant in the Managed Accounts Service. If this relationship ends, we will not share your personal information with third parties, except as law permits.


Customer Right to Change Information. To correct, amend or supplement your personal information, you may contact us at your Plan’s existing toll-free customer service number.




About Professional Forex Trader & Forex Money Manager

We are Forex Manager Professionals for over 22 years. We are authorized to Trade On Behalf of other of persons or entities under the Licence MAM of the Broker. License No. 5121544

Professional Forex Trader is an industry leading, promoting independent Forex Money Manager, FX Spot currency and OTC FX Options.
Professional Forex Trader is not a hedge fund, but a manager of external funding and capital resources manager.
Our accounts are accepted only on a discretionary basis and we trade Forex only for people who have a good financial capacity, hedge funds, financial institutions, self-directed IRA and qualified multiple funds of funds.




Withdrawals

Withdrawal requests will be accepted with thirty (30) days in advance by writing to Professional Forex Trader.
The account other than that of negotiation, is under the complete control of the client. It is very important that the client follow the withdrawal rules because of the possibility to still have open positions.


Managed Account Reports

The Prime Broker each day after midnight, will make available to the customer by e-mail, statements showing the account balance, warranty reserves, transaction confirmations and client account daily yields.


Multi Account Management (MAM)

Money Manager offers managed accounts to a large and diverse group of clients.
We use a MT4 MAM terminal

IncludedPlace block orders from a master account
IncludedPlace orders for an unlimited number of client accounts
IncludedCreate multiple trading sub-groups for a variety of strategies

IncludedOur License Nº 5121544.


ACCEPTANCE OF TERMS AND CONDITIONS OF MANAGED ACCOUNTS AGREEMENT

If you agree to the terms and conditions set forth herein, select the Managed Accounts Service option on your Participant Enrollment form, and sign your name. Your acceptance of these terms and conditions shall signify your consent to be bound by the applicable provisions of this Agreement.
Please note that upon enrollment in the Managed Accounts Service, any currently initiated transfers or transactions will be cancelled, unless the market has already closed for the day. 

Updated on March 22, 2019