Last updated: 17.04.2024

This Client Agreement (“Agreement”) is entered into between ACM Group (“we,” “our,” or “us”) and the undersigned client (“Client,” “you,” or “your”). By reading this Agreement or using our services, you agree to be bound by the terms and conditions set forth herein. This Agreement governs the terms of the relationship between you and ACM Group, including the services we provide, fees, and your responsibilities.

1. Services Provided

We provide investment management, trade execution, corporate finance advisory, risk management, and related financial services as detailed below:

  • Investment Management: We offer comprehensive investment management services, including customised portfolios and discretionary investment management.
  • Trade Execution: Execution of buy and sell orders for financial instruments such as stocks and shares, bonds, and diversified funds.
  • Corporate Finance: Advisory services on mergers and acquisitions, capital raising, and strategic financial planning.
  • Risk Management: Implementation of risk mitigation strategies to protect and grow your wealth.

2. Client Responsibilities

As our client, you agree to the following responsibilities:

  • Accurate Information: You will provide complete, accurate, and up-to-date information about your financial situation, investment objectives, and risk tolerance.
  • Communication: You agree to promptly inform ACM Group of any changes in your financial situation or investment goals that may affect the management of your account.
  • Investment Decisions: You understand and acknowledge that while we provide recommendations and manage your portfolio based on your objectives, the final decision regarding any investments or transactions remains with you, the client.
  • Authorisation: By signing this Agreement, you grant ACM Group the authority to act on your behalf to execute transactions as necessary to manage your account and provide the agreed-upon services.

3. Fees and Charges

Fees for the services provided will be outlined separately in the Transactions & Fees provided to you at the time of engagement. The fees may include, but are not limited to:

  • Transaction Fees: Any fees associated with executing trades on your behalf.
  • Advisory Fees: If applicable, for corporate finance or other advisory services.
  • Other Charges: Additional costs related to specific services, such as fund management fees, third-party costs, etc.

You authorise ACM Group to deduct fees directly from your account, as specified in the Transactions & Fees. Fees may be subject to change, and you will be notified of any modifications.

4. Investment Risk

You acknowledge and understand that investments carry inherent risks, including the potential loss of principal. While ACM Group uses its expertise and due diligence to make informed investment decisions, there are no guarantees regarding investment returns. Performance can fluctuate, and past performance is not indicative of future results.

5. Trade Execution

You agree that all trades and transactions will be executed by ACM Group or third-party providers authorised by us. We will make reasonable efforts to ensure that your orders are executed promptly, accurately, and at competitive prices, though we cannot guarantee the timing or execution prices.

6. Confidentiality

We are committed to maintaining the confidentiality of your personal and financial information. We will not disclose your information to third parties without your consent, except as required by law or regulatory authorities. For more details, please refer to our Privacy Policy.

7. Conflict of Interest

While ACM Group strives to act in your best interests, potential conflicts of interest may arise due to the nature of the financial markets and relationships with third-party service providers. We are committed to disclosing any material conflicts of interest promptly and taking steps to mitigate them in the best interests of our clients.

8. Termination of Agreement

Either party may terminate this Agreement at any time with written notice. Upon termination, any outstanding fees will be due and payable, and we will facilitate the transfer of your assets as instructed by you. Termination will not affect the validity of any prior actions taken or obligations accrued during the term of the Agreement.

9. Indemnification

You agree to indemnify, defend, and hold harmless ACM Group , its officers, employees, and agents, from any claims, losses, damages, or expenses (including legal fees) arising from your use of the services, your breach of this Agreement, or your failure to comply with applicable laws and regulations.

10. Limitation of Liability

To the fullest extent permitted by law, ACM Group is not liable for any indirect, incidental, special, or consequential damages arising from your use of our services. Our liability is limited to the amount of fees you have paid for the specific services in question.

11. Amendments to the Agreement

We may update or amend this Agreement from time to time. You will be notified of any significant changes, and continued use of our services after such changes constitutes your acceptance of the updated Agreement.

12. Governing Law

This Agreement is governed by the laws of Australia. Any disputes arising from or related to this Agreement shall be resolved in the appropriate courts in Sydney, Australia.

13. Miscellaneous

  • Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  • Entire Agreement: This Agreement, along with any other documents or schedules incorporated by reference, constitutes the entire agreement between you and ACM Group with respect to the services provided.

14. Client Acknowledgment

By reading, you acknowledge that you have read, understood, and agreed to the terms and conditions of this Agreement and our services.