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

Samples: Managed Account Service Agreement, Managed Account Service Agreement

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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

Samples: Financial Planning and Consulting Agreement

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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

Samples: Financial Planning and Consulting Agreement

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