Get Funded Agreement

The Get Funded Programme Agreement

BETWEEN

SAMUEL AND CO TRADING LTD a private company registered in England & Wales whose registered office is Unit 2, Railway Terrace, Kings Langley, WD4 8JE (hereinafter referred to as the “Company”);

AND

Customer (hereinafter referred to as the “Customer”).

WHEREAS

The “Company” agrees to provide the “Customer” with a 3 (three) day training programme + 2 (two) day mindset. The “Company” is under no obligation to provide the “Customer” with desk space at the “Company’s” registered office.

The training material can also be provided in an online pre-recorded version, should the customer be unavailable for the in-person training or opt for the online version.

1. Content of the Junior Trader Programme

1.1 The “Company” will teach the “Customer” the main trading tools, and techniques.

1.2 Gain a CPD Certification upon completion.

2. Duties and Obligations of the “Company”

2.1 The “Company” shall act faithfully and diligently in the discharge of his duties under this Agreement.

2.2 The “Company” undertakes to carry out his training duties under this Agreement to the best of his ability in a required professional, timely and efficient manner.

3. Duties and Obligations of the “Customer”

3.1 The “Customer” agrees to diligently follow all instructions given by the “Company” in order to trade the given demo trading account.

3.2 The “Customer” will maintain total confidentiality and will not save as required by law or reveal any “Company” information whatsoever indefinitely; information about the services or business results to any third-party person unless permitted to do so in writing by the “Company”.

Force Majeure

(a) No Liability for Force Majeure Event. Neither party will be liable for any failure of or delay in the performance of any of its obligations under this agreement if its failure or delay is due to the occurrence of a Force Majeure Event.

(b) Definition of “Force Majeure Event.” In this agreement, “Force Majeure Event” means any event that

(i) is beyond the reasonable control of any party,

(ii) materially affects the performance of any of its obligations under this agreement, and

(iii) could not reasonably have been foreseen or provided against,

but does not include general economic or other conditions affecting financial markets generally.

4. Payment

4.1 The “Customer” agrees to pay an administration fee of £398 plus VAT (if applicable) payable on commencement of this agreement into the “Company’s” account. The £398 plus VAT (if applicable) administration fee is refunded back to the “Customer” after the Customer has completed their 3rd payout on their demo account. This will be refunded back to the account the original payment was made from.

4.2 The “Company” reserves the right to cancel the agreement if the “Customer” fails to pay the fee by the prescribed time, which unless specified otherwise will be 14 days prior to the commencement of the training programme.

5. Trading

5.1“Customers”, will move to the given demo account within approximately 4 weeks of the training completion

5.2 The “Customer’s” performance will be reviewed monthly by one of the “Company’s” coaches. The Company reserves the right to close the account when The Customer’s demo account reaches 30% drawdown. This is at the Company’s discretion and is reviewed on a case by case basis.

6. Term and Termination

This Agreement shall come into force on the date of signing by both parties (the Commencement Date).

7. Confidential Information

7.1 The “Customer” must not disclose to any person, company, business entity or other organisation, any educational material and information or confidential business information relating or belonging to the Company’s Company (Samuel & Co Trading) or its associated companies, including but not limited to any such information relating to customers, customer lists or requirements, price lists or pricing structures, marketing and sales information, business plans or dealings, employees or officers, financial information and plans, designs, formulae, specific technical information, research activities,

any document marked “Confidential”, or any information which you have been told is confidential or which you might reasonably expect the Company would regard as confidential, or any information which has been given to the “Company” or any associated company in confidence by customers, suppliers or other persons.

8. Data Protection

8.1 The “Customer” consents to the “Company” holding and processing data relating to him for legal, personnel, administrative and management purposes and in particular to the processing of any “sensitive personal data” (as defined in the Data Protection Act 1998) relating to the “Customer” including, as appropriate:

8.1.1 Information about the “Customer’s” physical or mental health or condition in order to monitor “Customer’s” fitness for work;

8.1.2 The “Customer’s” racial or ethnic origin or religious or similar beliefs in order to monitor compliance with equal opportunities legislation;

and information relating to any criminal proceedings in which the “Customer” has been involved for insurance purposes and to comply with legal requirements and obligations to third parties.

8.2 The “Company” consents to the “Customer” making such information available to those who provide products or services to the “Customer” (such as advisors), regulatory authorities, governmental or quasi-governmental organisations.

9. Status

9.1 The relationship of the “Customer” to the “Company” will be that of independent party

10. Assignment

The “Customer” shall not assign this Agreement in whole or part to any third party without the prior written consent of the “Company”.

11. Entire Agreement

11.1 Each party on behalf of itself acknowledges and agrees with the other party that:

11.1.1 this agreement [and any other   documents referred to in them] constitute the entire agreement and understanding between the “Company” and the “Customer”.

11.1.2 in entering into this Agreement neither party has relied on any pre-contractual statement; and

11.1.3 the only remedy available to either party for breach of this Agreement shall be for breach of contract under the terms of this Agreement and shall have no right of action against any other party in respect of any pre-contractual statement. Nothing in this Agreement shall, however operate to limited or exclude any liability for fraud.

12. Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.

13. Notices

All notices in connection with this Agreement to the respective party hereto shall be in writing (facsimile or registered letter or email) and in the English language. The parties have executed this Agreement in duplicate.

Trading Agreement

Details of the Parties

This agreement is made between:

Samuel & Co Trading, Unit 2, Railway Terrace, Kings Langley, Hertfordshire, WD4 8JE (Company number 08100330)

And

“The Customer”

Whereas, the Company offers a demo trading account (the “Trading account“) with a broker, through which simulated trading is commenced;

Whereas, The Customer wishes to engage in simulated trading;

Therefore, in consideration of the foregoing and the covenants herein contained, the Company and The Customer hereby agree as follows:

1. Demo trading account

1.1. The Company agrees to allow The Customer access to the demo trading account, pursuant to the terms of this Agreement. The Customer agrees to keep their username and password safe, and won’t share them with anyone.

1.2. The scope of use and access given to The Customer to the demo trading account will be according to Appendix A attached hereof, and pursuant to the terms of this Agreement.

2. Trading while using the demo trading account

2.1. The Customer will trade the account as per the guidelines outlined in Appendix A. The Customer will be entitled to 50% of the trading profits on the given demo account size in 4% blocks. The profits will be paid to The Customer’s nominated bank account on the last working day of each month when notified by The Customer. To qualify for a payout, The Customer will contact the Company requesting a payout before or on the Thursday by 5:00pm GMT, once the 4% has been gained. The company has the right to refuse a payout if The Customer has broken any of the guidelines in this agreement even if they have reached the 4% profit target during the trading period.

2.2.1. The Customer is entitled to account increases as they achieve payouts from the demo trading account in line with the progression steps, outlined in Appendix A. If The Customer does not abide to the risk and trade management rules described in this agreement, account progressions will not be granted. And where The Customer has already received account progressions these can be reversed. The account progression is at the Company’s discretion.

2.3. If The Customer breaches any of the rules outlined in Appendix A, The Company will revert The Customer back to the previous step at The Company’s discretion. For example, if The Customer has progressed to Step 4 and they break any of the trading rules in Appendix A, The Customer’s account will be moved back to the start of Step 3.

2.4. The Customer is not personally liable for any virtual losses made on the demo account. The Company reserves the right to close your demo account when your balance reaches 30% drawdown. This is at the Company’s discretion and is reviewed on a case by case basis.

2.5. All trading related commissions, including charges for the execution and clearing of trades, charges for interest expenses for each position held, margin call, etc. (All hereinafter: “expenses”), charged by the broker and or the company, shall be deducted from the demo trading account balance to simulate the live market environment.

2.6. The Company reserves the right to stop The Customer from trading at any time if any of the terms of this agreement have been breached. The Company may act in The Customer’s account, at its sole and absolute discretion, in order to close any trade, at any time, if, at the sole discretion of the company.

3. Termination of the agreement

3.1. Either party may terminate this Agreement at any time, without stating any cause, upon written notice via mail or email to the other party. Once notice has been given, then the following actions shall be undertaken. The Customer will be responsible to immediately close any open positions and immediately cease trading, and the company reserves the right to close all of The Customer’s open demo positions. The Customer will lose any access to online training content and portals, community platforms and support. Notification is required via email prior to the monthly fee being taken for that calendar month. No refund is applicable once The Customer has paid the month fee for that month. You may cancel your obligation to make future payments for that service but will not be due a refund. If you do this, you will not be able to participate in the service from the date of cancellation.

4. The Customer represents and warrants to the Company that:

4.1 The Customer may not use Expert Advisors (EAs), scripts or robots. Nor may The Customer engage in copy trades or following other traders’ entry and exit signals. All trades must be based on The Customer’s own analysis and decisions.

5. Limitation of Liability

5.1. The Customer is solely responsible for all transactions performed by him/her and/or using the demo trading account, and is responsible for the safekeeping of his/her platform account username and password. The Customer shall be solely responsible for any harm caused as a result of an action or non-action by The Customer which will lead to inappropriate or unwanted behaviour in his/her account access.

5.2. The Company reserves the exclusive right to immediately stop The Customer’s access to the demo trading account and/or close any trade and/or terminate this agreement without prior notice to The Customer, if at any time, if, according to the company’s opinion, The Customer has performed any inappropriate and/or unreasonable use/or act in his relations with the company and/or his access to the platform and/or is in breach of this agreement, all without harming any other right reserved to the company.

6. Indemnification and Waiver of Responsibility

6.1. The Customer waives all claims against the company and its delegates of any harm or loss, if suffered, regarding the use of any platform, trading and any other action or service provided by the company or third party, and any physical or non-physical damage to The Customer itself and/or The Customer’s property and/or equipment etc.

7. Privacy and Non-Disclosure

7.1. Either during or after the term of this Agreement, The Customer will not communicate, disclose or utilise to his or her own benefit or the benefit of any other entity or persons, any techniques, plans, designs, programs, customer information, or other information not in the public domain pertaining to the business or affairs of the Company or any of its affiliates. Information shall not be considered to be in the public domain if revealed or disclosed in contravention of this Agreement or the agreements made between the Company and other parties.

The Customer agrees not to divulge to any others, nor use any of the foregoing confidential and exclusive information, including the accounts of The Company and/or relationships maintained by the Company. The Customer hereby agrees that all confidential and exclusive information, including any and all account information, shall remain the exclusive property of The Company under all circumstances.

7.2. The company takes efforts to protect The Customer’s personal information. The Customer grants his/her consent to the Company performing computerised supervision of his/her use of the services (including, without limitation, use of “cookies” and similar tools) and to use the information for review and/or supervision and/or development and/or maintenance of the quality of services, their availability and/or for the fulfilment of any instruction of any law. Without derogating from the aforesaid, the Company shall be permitted:

7.3.1. The Customer grants his/her consent to the Company providing the identification details of The Customer to required third parties, such as the broker, to set up the demo trading account. The sharing of identification will be limited to the requirement of setting up the demo trading account.

7.3.2. To make use of his/her details in order to provide updates and/or information and/or for publicity and/or for marketing purposes through his/her e-mail address. Cancellation of this consent shall be performed by providing written notice to the Company and shall apply to new publications that have not been sent.

7.4 Telephone conversations between The Customer and the Company may be recorded by The Company.

8. Advice

8.1. The Company does not advise The Customer to any trading action or non-action, and any tax consequences. The Company may provide or publish general market information. By doing so, the Company gives no representation, warranty or guarantee as to their accuracy or completeness or as to the trading and/or tax consequences of any trade. Also, the provision of advice is incidental to The Customer’s relationship with the Company and provided solely to enable The Customer to make independent decisions;

8.2. In the event the Company may provide information to The Customer, the Company shall not be responsible for the profitability of such information. The Customer acknowledges that the Company shall not be liable for any losses, costs, expenses or damages suffered by The Customer arising from any inaccuracy or mistake in any information given to The Customer.

9. Relations

9.1. The relationship between the Company and The Customer is a client-provider relationship.

9.2. Unless otherwise stated in this agreement, The Customer is not obligated to a minimum trading volume, minimum trading days etc.; The company may limit The Customer trading according to its risk-management rules outlined in Appendix A.

9.3 The Customer will not hold and will not be entitled to any intellectual property rights in relation with the company.

10. Tax

10.1. Trader’s Tax Allocations, any tax applying on The Customer and/or results from The Customer’s trading activity, including payouts, shall be under The Customer’s full and sole responsibility. The Customer shall personally report and pay any personal tax liability he is obligated to, if applied.

11. Entire Agreement

This Agreement and its appendices contain the entire agreement of the parties hereto with respect to the subject matter hereof. It may be modified or amended only in a writing signed by each of the parties hereto. By signing this agreement, you are also agreeing to our Terms and Conditions which can be found on our website: https://www.samuelandcotrading.com/terms-conditions

12. Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales (United Kingdom).

Appendix A:

6 Steps To $100,000

All traders will start on a $25,000 demo account regardless of their experience and track record. All traders can progress to the $100,000 demo account by completing the below steps:

Step 1

Get started by gaining access to our in-person or online CPD accredited training depending on your personal preference. You will be set up with your $25,000 demo trading account and you can tap into our experienced coaches in your monthly review sessions. Once you have achieved a 4% payout on your $25,000 growing your account to $26,000, you will progress to Step 2.

Step 2

You are now trading $35,000 after you have achieved your first payout on Step 2. After your second payout on $35,000 hitting your 4% target and having completed a one to one mentoring session you will then move on to Step 3.

Step 3

You are now trading $50,000, once you’ve achieved your first payout of $2,000 (4%) on Step 3 you will move from a 50/50 profit share to a 70/30 profit share after your first payout. Once you have achieved your second payout on $50,000 and attended your second one to one mentoring session you will progress onto Step 4.

Step 4

You are now trading $60,000, once you’ve achieved two payouts of $2,400 (4%) each on Stage 4, totaling $4,800 you will then have the option to progress onto Step 5.

Step 5

You are now trading $75,000 if you do not hit your profit target of 4% in the first month on Step 5, your monthly fee will be £199 plus VAT (if applicable). The monthly fee is only charged if you do not reach your profit target after your first month trading on Step 5. Once you have achieved two payouts of $3,000 4% totaling $6,000 you will move on to Step 6.

Step 6

You are now trading $100,000 on a 70/30 profit share. For progression stages past this level, we will review on a case by case basis. The monthly fee increases to £249 plus VAT (if applicable) per month if you do not hit your 4% profit target after the first month on Step 6.

Demo trading account Rules

1. Account balance will be in US Dollars
2. Profit Target of 4% per month
3. The Customer is not liable for losses of the demo trading account
4. The demo account Leverage is 1:3
5. Maximum 0.5 lot size per trade per pair per $25,000
6. A maximum of 10 open trades at any given time
7. Trades at a maximum of 1% risk of account balance per trade per pair and The Customer must use stop losses on all trades at a maximum of 1% risk
8. Trades can be held over weekends. The Company has the right to close positions held over weekends and The Customer will be notified if these trades are closed
9. Trades can be held overnight
10. Trading is permitted to the following FX major pairs: GBP, USD, CAD, EUR, JPY, CHF, AUD, NZD. As well as Gold (XAU/USD). Some cross currencies are also available to trade at request.
11. 11. Payouts available in 4% blocks on a 50:50 profit share with the Company. To qualify for a payout, The Customer must complete the payout request form provided by The Company before or on the Thursday by 5:00pm GMT via the following link: https://sl448647.typeform.com/payoutform. Payouts will be paid to The Customer on the last working day of the month when the payout request form is submitted before 5pm GMT on the Thursday in a qualifying week. If the payout information submitted is incorrect, the payout will be delayed and sent the following month only once the payout information has been resubmitted correctly.
12. 12. A monthly fee of £149 plus VAT (if applicable) via direct debit prior to the start of the trading month will apply for the first trading month and for subsequent months when The Customer has not reached the 4% profit target. When The Customer has met the 4% profit target they will need to successfully submit a payout request before the Friday before the last working day of the month in order to waive their next monthly fee. Any monthly fees in process at the time of the payout will still apply and the waived fee will rollover to the next month. The monthly fee will resume if The Customer does not achieve a payout of 4% or more by the last working Friday of the next month. The monthly fee increases to £199 plus VAT (if applicable) at Step 5 if The Customer does not hit their profit target in the first month on this step. The monthly fee increases to £249 plus VAT (if applicable) at Step 6 if The Customer does not hit their profit target in the first month on this step.
13. The Customer will incur the cost of any international bank fees on transfers for payouts. We are unable to send prize payouts to the following countries. Please note it is the trader’s responsibility to provide payment details outside of these countries, no refunds will apply if we are unable to send the prize payouts to you. This list is subject to change.
    Afghanistan, Algeria, Angola, Belarus, Burkina Faso, Burundi, Cambodia, Central African Republic, Congo, Democratic Republic of the Congo, Crimea, Cuba, Côte d’Ivoire, Egypt, Eritrea, Guinea, Guinea-Bissau, Guyana, Haiti, Iran (Islamic Republic of), Iraq, Korea (Democratic People’s Republic of Korea), Lao People’s Democratic Republic, Libyan Arab Jamahiriya, Myanmar, Nigeria, Panama, Russian Federation, Sierra Leone, Somalia, South Sudan, Sudan, Eswatini, Syrian Arab Republic, Uganda, Vanuatu, Venezuela (Bolivarian Republic of), Yemen, and Zimbabwe.

Step Backs (Account Warnings)

At any time if you are in breach of the trading rules listed above, you will be reverted to the start of the previous Step.

The Company reserves the right to close your account when The Customer’s balance reaches 30% drawdown. This is at the Company’s discretion and is reviewed on a case by case basis.