Terms and Conditions​

Here you can see the terms and conditions of the Read Elysium Financial Management LLC

1. Meaning and Purpose of this Agreement

The client has applied to Elysium Financial Management LLC (“Elysium”) to enter into an asset management agreement.

This agreement concluded between the client and Elysium Financial Management LLC supplements the services relating to the portfolio account and asset management with reporting and communication services.

2.1 Scope of Services

Access to Information on the Status and Development of Assets under Management

Password-protected access to the Elysium Financial Management LLC website gives the client and third parties authorised by the client access to information on the status of the assets managed on behalf of the client, including performance indicators, as well as information provided by Elysium Financial Management LLC in its capacity as asset manager as part of its reporting procedures (such as quarterly reports).

2.2 Notification Service

If requested by the client or the client’s legal representatives when the agreement is concluded or subsequently, the client and any authorised third parties shall be informed of significant events by email.

2.3 Client Email Service

The client, the initiator and other third parties specified by the client or the client’s legal representatives shall receive support by email in relation to any queries relating to the use of the Elysium Financial Management LLC website.

3. Minors, US Citizens

Elysium Financial Management LLC does not offer the services referred to at Clause 2 to minors or US citizens.

4. Fee

Elysium Financial Management LLC shall
charge a fee for the services provided under
the agreement (with the exception of the information to be provided by the asset manager) as follows: 1.2% of the investment level (as of 31 December of a given year), and for a period of less than 12 months proportionately (0.1% per month). Important: Elysium Financial Management LLC waives the payment described above from now up to 31 December 2020.

This period may also be extended by Elysium Financial Management LLC. If this is not the case, clients shall be duly informed.

5. Term and Termination

5.1 Entry into force of the contract

This agreement shall enter into force simultaneously upon completion of the asset management agreement between the client and Elysium Financial Management LLC.

5.2 Notice period

This agreement may be terminated at the end of each year by the client and Elysium Financial Management LLC with three months’ notice. Important note: if this agreement is terminated or otherwise expires (e.g. by contractual revocation), in accordance with the provisions of the asset management agreement, this shall result in simultaneous termination of the asset management agreement without the requirement for separate termination. Similarly, if the asset management agreement is terminated or otherwise expires, this shall result in the simultaneous termination of this agreement without the requirement for separate termination.

5.3 Heritage

This agreement shall not expire upon the death
of the client, and shall remain in effect in respect
of the client’s successors. Where there are several successors or executors, they shall appoint an authorised representative, to whom Elysium
Financial Management LLC shall provide all reports, declarations and statements required for the performance of this agreement. Revocation or termination by one or more successors or an executor shall terminate this agreement in respect of all successors.

5.4 Extraordinary termination

This shall not affect the right of either party to exercise early termination.

5.5 Claims after termination

Termination shall not affect existing unsatisfied claims, such as claims by Elysium Financial Management LLC to remuneration.

5.6 Form of termination

Notice of termination must be in written form, and may be given via the Elysium Financial Management LLC website, for example by email.

6. Data Protection

6.1 Customer data

Elysium Financial Management LLC collects the following data directly from the client and the other persons named in this form, if relevant:
– personal key data
(name, email, address, date of birth, occupation, marital status, etc.)
– self-disclosure for account opening
(assets, monthly income, monthly expenditure, financial knowledge, etc.)
– tax information
(tax ID, tax residence, etc.)
– account and portfolio data
– information about the client and, if applicable, the client’s legal representatives, if the client is a minor
(client name, date of birth, photograph, and if necessary, birth certificate)

6.2 Storage / use of data

Elysium Financial Management LLC shall
store this data in its own systems and shall disclose it to the partners of Elysium Financial Management LLC, who may also store such data in their systems. Elysium Financial Management LLC shall store such data permanently, and exclusively for the purposes of fulfilment of the agreement and optimisation of the services provided by Elysium Financial Management LLC.

6.3 Retrieval of the data

Elysium Financial Management LLC may access the following data via interfaces of the partners of Elysium Financial Management LLC and share it with the persons specified at Clause 2.1 above:
– information on portfolios and client base
(portfolio value, performance, individual values, transaction history etc.)
– documents created by the partners of Elysium Financial Management LLC (mailbox with individual PDFs of correspondence, e.g. bank statements, tax certificates, etc.)

 

7. Transfer of Business Relationship

Elysium Financial Management LLC is entitled to transfer the business relationship in whole
or in part to the partners of Elysium Financial Management LLC or to another suitable company without the prior consent of the client. Elysium Financial Management LLC shall notify the client in good time before an intended transfer.

8. Further Conditions

The following conditions are also material in respect of the

business relationship:

8.1 Scope of General Terms and Conditions

These general terms and conditions shall apply to all services offered on the Elysium Financial Management LLC website, and in particular to paid content and services.

8.2 Amendments to the General Terms and Conditions

Elysium Financial Management LLC is entitled to amend these general terms and conditions at any time. Amendments to these general terms and conditions shall be sent to the client via email at least 6 weeks prior to the proposed effective date. The consent of the client shall be deemed granted if the client has not rejected the amendments in writing prior to the proposed effective date. Elysium Financial Management LLC shall specifically refer to such consent in its proposal.

8.3 Internet and Digital Services Provided by Third Parties

In respect of internet services provided by third parties, to which Elysium Financial Management LLC merely provides connections or which are mediated by Elysium Financial Management LLC, the terms of use of the respective providers apply.

8.4 Place of Jurisdiction

In the event of a dispute, the place of jurisdiction shall be the country of domicile of Elysium Financial Management LLC.

8.5 No Advice

Content does not constitute investment, legal and/or tax advice. In particular, any content relating to funds, securities and/or other financial instruments (collectively “financial instruments”) is not to be understood as an individual investment recommendation in relation to financial instruments. Financial instruments and financial services are associated with various risks, therefore if necessary, parties should seek professional advice in relation to financial, tax and/or legal issues. No contractual relationship shall be established between you and Elysium Financial Management LLC simply by accessing content, unless expressly agreed otherwise. Content does not constitute an offer that can be accepted by contractual parties without further action by Elysium Financial Management LLC (invitatio ad offerendum). No offers for the purchase and/or sale of financial instruments are made in the context of the digital services offered.

8.6 Disclaimer

Elysium Financial Management LLC shall only be liable for acts and omissions made in connection with this agreement which are intentional or grossly negligent, unless these are in respect of essential contractual obligations, the breach of which would jeopardise the achievement of the contractual purpose or the fulfilment of which enables the proper execution of this agreement, upon whose compliance the client as a contractual party may usually rely (“material obligations”). In the event of a breach of such material obligations, liability is limited to typical contractual and foreseeable damage. In the event of injury to life, limb and health, liability corresponds to the general statutory provisions. Elysium Financial Management LLC assumes no responsibility for the content or the functionality, accuracy or legality of third party websites to which links are provided by Elysium Financial Management LLC. Elysium Financial Management LLC is entitled to suspend, interrupt or adjust the operation of digital services and/or access to digital services in whole or in part without prior notice.

8.7 External Content

The operator of the services in question is responsible for linked external content. Elysium Financial Management LLC gives no guarantees, no assurances and assumes no other liability with regard to the completeness, validity, other accuracy and/or legal compliance of such external content.

8.8 Copyright

Content, information, images, videos and databases, and computer programmes (e.g. widgets) published in relation to the services offered by Elysium Financial Management LLC may be protected by copyright. Only private personal use thereof is permitted. Any other use, in particular the duplication, modification, distribution or storage of information or data, in particular text, parts of text, image and film material or computer programmes, for other purposes requires the prior express consent of Elysium Financial Management LLC. This also applies to inclusion in electronic databases.

In addition, the legal limits arising under copyright law and other applicable statutory provisions apply.

8.11 Outgoing payments

Withdraws are only eligible for investments payments of € 500.00 or more. This decision is treated individually, as the transaction and the work costs, in regards to a transaction, could be more expensive then the withdraw amount itself.

8.9 Client’s Duty to Cooperate

For the proper execution of business transactions, it is necessary that the client notifies Elysium Financial Management LLC of any changes of name and address. In addition, the client shall inform Elysium Financial Management LLC as soon as possible if the client suspects misuse of his account.

8.10 Incoming payments

For the timely start of the investment on the 1st of a month, only payments will be taken into account that were received by Elysium Financial Management LLC by the 10th of the previous month. The exception to this is the Basket4. Here it is possible for the investment to start on the day on which the money has arrived on the customer’s account and is booked on the respective sub-account.