CRYPTOCURRENCY CUSTODY SERVICE CONTRACT
AND RELATED OPERATIONS
By this particular instrument, the PARTIES :
- PROMISER: International Capital Enterprise, LLC, Browns Hill, Nevis dba Nui International, entity number L19923,
- PROMISEE: (INVESTOR’S NAME), with username (EMAIL OR NICKNAME)
III. Both parties, together, the “PARTIES”, and in isolation as “PARTY”
Contract Initiation date: 11/04/2020 10:39:44(EXAMPLE)
Contract Value: $20000.00(CASE STUDY)
Amount Credited at contract termination: 80%
In regards to the promisor, in accordance with the legislation in force, provides cryptocurrency custody services and is duly qualified for the exercise of such activity;
In addition to the custody service, the promisor, directly or through approved partners, develops arbitrage activities and related operations involving exchanges for potential monetization of cryptocurrencies;
In regards to arbitrage and exchange activities, promisor only provides the application that is operated directly by the Promisee, through a prior option of software parameters;
According the Promisee wishes to contract the services offered by the promisor, notably for the custody services of its cryptocurrencies and may, in its sole discretion, choose to hire services that may or may not generate any monetization;
According, finally, the Promisee declares:
- Be aware that with the exception of custody activity, the other activities that The promisor offers, such as mining and cryptocurrency arbitrage are considered high-risk activities that may not generate results;
- Be aware that the promisor does not promise and does not guarantee gains and that mining activity depends on the resolution of equations and codes by computers and that this may not occur, compromising any profitability;
- Be aware that the income earned may fluctuate and the price of each asset may vary positively or negatively according to market fluctuations, as well as that positive returns calculated in the past do not offer any repeat guarantee in the future;
Whereas arbitrage operations consist primarily of cryptocurrency purchase and sale operations, and therefore the results generated will also always be converted into cryptocurrencies;
- Have full civilian capacity, with all the necessary powers to enter into this CONTRACT and assume the obligations provided for herein;
The parties shall conclude this “Contract for the Provision of Cryptocurrency Custody Services and Related Operations” (“CONTRACT”), which will be governed by the following clauses and conditions:
1.1 This CONTRACT has a determined objective in the provision by the promisor of cryptocurrency custody services belonging to the promisee, as well as other related services.
1.2 It is also the objective of this CONTRACT, the optional services of (i) access to information on events associated with cryptocurrencies; (ii) arbitrage operations and (iii) other operations involving high volatility cryptocurrency exchange.
1.3 The arbitrage and exchange services between cryptocurrencies are operated directly by the promisor, through the prior option of software parameters and definition of operation periods.
1.4 The promisor will provide explanatory materials regarding the parameters of the system, according to each risk profile (low, medium, high), as well as information regarding the historical results of the last 6 (six) months of each profile, in order to support the promisee in the option and definition of the applicable rules.
1.5 The promisor may, at any time and at its sole discretion, change systemic parameters, the period of operation or even stop operating arbitrage and related services.
1.6 In spite of the impossibility of guaranteeing success in its activities, the promisor undertakes to apply all the effort, commitment, zeal and expertise inherent to the type of service offered, as well as make all necessary and adequate efforts to the proper fulfillment of its obligations.
1.7 The PARTIES agree that the arbitrage operations will always be concluded with the purchase of cryptocurrencies and kept in custody by the promisor in the promisee’s account, being aware that the promisor does not settle the cryptocurrencies, which must be done by the client at brokerage firms .
1.8 It is not the objective of this CONTRACT to provide, by the promisor, the services of administration or management of securities portfolios, legal, tax or investment advisory or consultancy, the promisee being solely responsible for the decision on the acquisition or sale of cryptocurrencies , through prior parameter definition.
- GENERAL CHARACTERISTICS OF THE SERVICES
2.1 The services referred to in clause 1.1. and following comprise custody of cryptocurrencies and other activities compatible with and optional to custody services ..
2.2 The promisee, in this CONTRACT, authorizes the promisor to take all measures and acts necessary for the proper safekeeping and maintenance of cryptocurrencies.
2.3 The promisor undertakes to contract insurance that must comprise the totality of cryptocurrencies in custody, and must, whenever necessary, increase the value of the premium to cover the totality of cryptocurrencies in custody.
2.4 In case of failure of the promisor’s company, the promisor will guarantee funds owed with shares owned by the promisor in the company Appliqate Inc, listed on the American stock exchange.
2.5 The promisor will not respond for events of proven force majeure or unforeseeable circumstances.
2.6 In the event of the promisor’s culpable conduct, the liability of the promisor will always be limited to the value of the cryptocurrencies converted into currency in force in the country of residence of the promisee or promisor, in its sole discretion, according to the quotation applicable on the date of delivery of the cryptocurrency for custody.
2.7 The promisor may hire third parties to provide the services, in part or in whole, object of this CONTRACT, remaining, however, responsible to the promisee for the activities carried out by such third parties, under the terms of the legislation in force.
2.8 The promisor is responsible to the promisee and to any third parties, including local authorities regarding the content of the information, the origin and legitimacy of the cryptocurrencies delivered by him for safekeeping.
2.9 The promisee may refuse to receive the cryptocurrencies, if the determinations of the legislation in force are not complied with, or return it immediately to the promisor in case of doubts regarding the lawfulness.
2.10 The promisor declares that it is familiar with the cryptocurrency market and has knowledge about the legal and regulatory scenario in its country, committing itself to keep up to date on these during the entire term of this Custody Agreement.
2.11 The PARTIES undertake to faithfully comply with the legislation that deals with preventing and combating activities related to the concealment of assets and money laundering.
2.12 The PARTIES are aware that any changes that may occur to the cryptocurrency regulations will automatically apply to this CONTRACT.
2.13 The promisee may not, by any means, retain the cryptocurrencies after the request for redemption or liquidation by the promisor. However, promisee may refuse, at his or her sole discretion, to receive or execute orders, in whole or in part, from the promisor, as well as cancel those that are pending execution, and block or suspend any pending execution orders, including, but not limited to, not limited to the following hypotheses:
- a) when evidence of violation of the legislation of the country of the promisor or promisee is found;
- b) when the promisor is in default in relation to any of its obligations towards the promisee, including in the case of registration irregularities; or
- c) by administrative or judicial orders.
2.14 In the cases provided for in clause 2.14 above, the promisor shall not be responsible for any loss resulting from the non-execution of the Order, including any profits that the promisor fails to earn.
3.1 Before starting its relationship with the promisor, the promisee must provide all the registration information requested, including sending supporting documents, if requested by the promisor.
3.2 The promisee declares to be aware and agrees that it must keep its registration permanently updated before the promisor, and the promisor may refuse any order from the promisee that is not properly registered or whose registration is out of date.
3.3 The promisee agrees with the processing of his personal data provided in the context of this CONTRACT for the purposes described herein and also agrees, until the revocation at any time of the storage of his data beyond the above period.
4.1 For the services contracted herein, the promisor will be entitled to the initial remuneration equivalent to 20% (twenty percent) of the assets in custody, due at the time of contracting, and may be immediately retained by the promisor.
4.2 In relation to other services, the promisor will be entitled to a 30% remuneration on the result generated daily, resulting from the use of the promisor’s platform and according to the parameters defined by the promisor.
4.3 The conversion of transactions will preferably be made in the BITCOIN cryptocurrency or in the company’s own cryptocurrency, reverted to the portfolio indicated by the promisor.
4.4 The potential results generated in the arbitrage or other related transactions carried out by the promisor cannot be kept in the same portfolio kept in custody with the promisor and must be transferred to the promisor, always maintaining the same volume of assets under custody by each contract.
4.5 The portfolio increase will always be released once a week, on Tuesdays, to allow promisee to redeem any results obtained from operations.
4.6 The promisor is aware that arbitrage operations may only be carried out through the promisor’s platform on business days between Monday to Friday, following the American calendar.
- OBLIGATIONS OF THE PARTIES
5.1 The promisor shall be responsible for:
- a) For providing the services with good faith, diligence and loyalty in relation to the promisor’s interests, being forbidden to privilege its own interests or those of persons related to it;
- b) To ensure good care and the regular handling of cryptocurrencies kept in custody, according to the instructions received, and for the proper processing of the events related to them, through the implementation of electronic and documentary execution and control systems;
- c) For executing cryptocurrency purchase and sale orders according to the parameters previously defined by the promisor; and
- d) For promoting the acts necessary to register encumbrances or rights over cryptocurrencies in custody, taking all necessary measures for their proper formalization.
5.2 The promisee will be responsible and is aware of:
- a) for the acts performed and for their omissions, as well as for the correctness and veracity of the documents and information presented, being responsible for all damages and losses, direct or indirect, possibly caused to the promisor or third parties, especially in relation to any defects relating to the information and documents necessary to provide the services now contracted;
- b) for complying with the legislation, rules and operational procedures applicable to carrying out operations;
- c) for the custody, confidentiality, conservation, confidentiality and use of passwords of the promisor’s access system and is aware that their use is exclusive, personal and non-transferable and that the operations carried out through said system with the use of the access password will be considered for all purposes as having been made by the promisor, without any right to compensation. If there is a suspicion of irregular use of the promisor password, he must inform the promisee immediately of the security measures;
- d) for assuming civil and criminal responsibility for any and all information provided to the promisor;
- e) that any losses suffered as a result of its decisions to buy, sell or maintain cryptocurrencies are its sole responsibility, exempting the promisor from any responsibility for any losses;
- f) that the earnings possibly earned when carrying out transactions may fluctuate and the price of each cryptocurrency may vary positively or negatively according to market fluctuations, as well as that positive returns verified in the past do not offer any guarantee of repetition in the future.
- TERM AND TERMINATION
6.1. This CONTRACT and the related services come into effect on the date of confirmation of receipt of the digital asset for custody and provided that this instrument has been accepted electronically, and will remain in force for 12 (twelve) months, and may be terminated by any of the PARTIES, at any time, upon prior written notification to the other Party, at least 5 (five) business days in advance.
6.2. Implications due to the early termination of the contract: (i) in the event of termination without cause by either PARTY in the first 90 (ninety) days, a fine of 35% (thirty-five) per cent of the contingent assets is applied; (ii) in the event of unjustified termination by either PARTY between 91 (ninety) and 180 (one hundred and eighty) days, a fine of 20% (twenty) percent of the contingent assets is applied; (iii) in the event of unjustified termination by either PARTY between 180 (one hundred and eighty) and 270 (two hundred and seventy) days, a fine of 10% (ten) percent of the contingent assets is applied; (iv) after that date, there will be no penalty resulting from termination.
6.3. Additionally, this contract can be terminated in the following cases:
- a) in case of breach of any of the clauses of this contract or of the promisor’s terms and conditions and policies a procedures manual, resulting in a fine equivalent to 20% (twenty percent) on the totality of assets in custody;
- b) in cases where, by legal or governmental determination, the promisor is prevented from continuing operations;
6.4. In any event of termination, the amount paid for the initial fee related to contracting the services will not be refunded.
6.5. Notwithstanding the provisions of Clause 6.1 above, this CONTRACT will only be considered closed after full settlement, less costs and fines, by the promisee, of any and all assets owed to the promisor, under the terms of this CONTRACT.
- GENERAL PROVISIONS
7.1. Each person who accepts this CONTRACT declares and warrants that all necessary approvals from any assembly, meeting, board, commission, body or other person have been obtained, the signatory having the legal authorization and capacity to act on behalf of the PARTY to which it is signing, binding this PARTY and all those who may submit claims on behalf of that PARTY under the terms of this instrument.
7.2. The rights and obligations arising from this CONTRACT cannot be assigned to third parties by either PARTY, without the prior and express consent of the other PARTY.
7.3. This CONTRACT is recorded with the terms of irrevocability and irreversibility, expressing, according to its terms and conditions, the broadest will of the PARTIES.
7.4. The nullity of any of the provisions or clauses contained in this CONTRACT will not prejudice the other provisions contained therein, which will remain valid and produce their regular legal effects, binding the PARTIES.
7.5. Any tolerance by one of the PARTIES with respect to any breach of this CONTRACT by the other PARTY shall not constitute a novation or a waiver of rights or powers, nor a tacit alteration of this CONTRACT, and shall be considered as a mere liberality of the PARTIES.
7.6. All notices, communications or notifications to be made under this CONTRACT, must be formally presented and sent by one of the PARTIES to the other, by means of an email indicated when contracting the services, and the promisor is responsible for providing the correct registered e-mail address and for maintaining its update, considering that all communications sent in such e-mail are valid.
7.7. This CONTRACT entitles and inserts the promisee into the promisor’s affiliate program, in accordance with the Terms and Conditions that the promisor declares to know and which is available free of charge on the promisor’s official portal.
7.8. This CONTRACT has been made and must be interpreted and applied in accordance with the laws of the promisor’s place of establishment, to resolve any doubt or controversy arising from this instrument, to the exclusion of any other, by more privileged, to resolve the differences arising from this instrument.
7.9. The promisor is aware that it will have confirmed its request for admission through the electronic acceptance of this CONTRACT, carried out through the promisor’s official portal https://backoffice.nui.international/register, where it will be able to revise this contract whenever it wishes.
Contracted 11/04/2020 10:39:44 at Lehi, Utah, USA
Service Contract Terms and Conditions
SECTION 1 – Nui International Service Contract Definition
Our Nui International service is a share of our crypto-arbitrage system. Each share is based on points purchased. Services are available in specific point values. Each package includes both points and fees.
SECTION 2 – Functions of Service Contract
2.1 – Timing
- Contracts activate 2 business days after purchase
- Daily results will be paid or charged to purchaser on Monday-Friday except major US holidays.
2.2 – Earnings of Nui International Service Contract
- Nui International Service Contracts each have a maximum earning amount
- Earnings are posted daily Monday-Friday except major US holidays.
- Contracts operate for 250 business days or until earnings are maxed out.
- We do not guarantee any result or promise any value. Daily results may be positive or negative and vary day to day.
2.3 – Maxing out earnings
- Earnings max out at four times the points purchased.
- For purposes of this requirement, earnings include matching bonuses, commissions on team purchases, and personal daily earnings. Earnings do not include rewards given for rank advancements
- Earnings are calculated daily. If earnings reach four times the points trading, the contract expires and no more daily earnings, commission, or matching bonuses can be accumulated
SECTION 3 – Additional Terms
For additional terms, see current Compensation Plan and Nui Policies and Procedures.