Client Agreement

1.0 Introduction

This GSD Capital Client agreement (“agreement”) is between GSD Capital UK (referred to as “gsd capital”, “gsd”, “we”, “us” or “our”) and you (referred to as “client”, “you”, or “your”).

The agreement is a legal document that sets out our obligations to you and your obligations to us. It covers how we agree to address certain important issues that may arise between you and us.

The agreement will commence on the date ("effective date") that you consent to the terms of this agreement by submitting a correclty filled account opening form.

On prior or concurrent written notice to you, we may modify or rescind existing provisions or add new provisions to this agreement. By not closing and/or continuing to use your account, you are accepting the terms of the revised agreement and will be legally bound by all of its terms and conditions, including any new or changed terms or conditions. This client agreement was last updated on 27th December 2022.

2.0 Appointment as Investment Manager

Client hereby retains GSD Capital and we hereby agree to provide investment management services (“services”) with respect to assets of client held in their GSD Capital investment account, in accordance with the terms and conditions set forth below.

3.0 Investment Discretion

GSD Capital will provide services on a discretionary basis. Discretionary investment management means that we will act as your agent and are not required to give advance notice or seek your consent for any investment activities carried out with the assets in your account. GSD Capital is authorized to utilise client capital in day trading by entering into future contracts held for less than 24 hours. GSD Capital also has authority to utilise assets in your account for overnight collaterised lending. GSD Capital will monitor your account on an ongoing basis and will periodically perform reviews of your account.

4.0 Custody of Assets

Your assets are held in cold storage accounts maintained by a qualified custodian selected by GSD Capital (“Custodian”). Ledger acts as the custodian for all our assets under management.

5.0 Accuracy of Account Information

You represent and warrant that:

  • You have attained the age of majority.
  • You have supplied accurate information in your account opening form.

In addition, you agree to notify us promptly in writing of any important change in the information you supply us on the account opening form. In particular, you agree to notify us:

  • If there are significant changes to the net worth, income level or employment status you listed on the account opening form.

6.0 Confidential Relationship

Information we receive from you will be kept confidential in a manner consistent with applicable law and with our privacy policy, which you acknowledge receiving. All information or advice furnished by us to you shall be treated as confidential.

7.0 Fees

GSD Capital will only charge you a performance fee of 0.5%, on profits made on your invested capital.

8.0 Dividend & Interest

Client agrees to hold all investment returns at custodian. These returns, if not withdrawn will be reinvested into your account on the first week of each calendar month. Payments for investment returns will not be automatically made to client, unless requested in form of a withdrawal.

8.1 Deposits

Client agrees to carry out all deposits to their investment account via USDC or USDT. A minimum deposit amount of $100 applies at all times and we will never charge you any fees for deposits into your investment account.

8.2 Withdrawals

Client agrees to carry out all withdrawals from their investment account via USDC or USDT. A minimum withdrawal amount of $100 applies at all times and we will never charge you any fees for withdrawals from your investment account. At our discretion we may request enhanced due diligence for withdrawals past a certain amount. Enhanced due diligence is an advanced KYC process that provides further risk investigations. This is designed to handle high-risk clients and larger transactions. High-risk clients and suspicious transactions pose a greater risk to the financial sector, therefore we use enhanced due diligence procedures to create a higher identity assurance by taking the customer’s identity and addressing and evaluating the client’s risk category. Enhanced due diligence lower the chances of money laundering and terrorist financing through organisations. This is in line with the money laundering, terrorist financing & transfer of funds regulation.

9.0 Consent to Electronic Communications

Client consents to electronic delivery of required disclosure documents and other communications by GSD Capital. We will transmit information by interactive website, email, in text, PDF, HTML, or other formats that can be readily viewed, printed, and saved. Client has provided GSD Capital with one or more valid email addresses that we may use to communicate with client. Client acknowledges that there may be costs associated with electronic delivery, such as the need for you to have computer equipment and charges for access to the internet or wifi.

10.0 Governing Law

This agreement shall be governed by and construed in accordance with the laws of England and Wales.

11.0 Venue

Any and all disputes, claims or controversies arising out of this agreement or otherwise between you and GSD Capital shall be determined by arbitration in accordance with the rules of the London Court of International Arbitration. The arbitration shall be final and binding, and judgment on the award may be entered in any court having jurisdiction. Client understands that by agreeing to arbitration, client is waiving all rights to seek remedies in court. This clause will not prohibit the parties from seeking provisional remedies in any court of competent jurisdiction. This paragraph shall survive the termination of this agreement.

12.0 Severability

If any provision herein is or should become inconsistent with any present or future law, rule or regulation of any governmental or regulatory body having jurisdiction over the subject matter of this agreement, such provision shall be deemed to be rescinded or modified in accordance with any such law, rule or regulation. In all other respects, this agreement shall continue and remain in full force and effect.

13.0 Termination

You may close your GSD Capital account anytime by giving us notice. We may in our sole discretion close your account or terminate any or all services rendered under the account agreement anytime and for any reason. Closing an account or terminating services will not affect our obligations prior to closure or termination.

14.0 Notifications

All notifications required to be sent to GSD Capital shall be sent to legal@gsd.capital. All notifications required to be sent to client will be sent to the clients email address currently on record. Client is responsible for informing GSD Capital of any changes in email address.

15.0 Communications about your account

Your primary point of contact for questions about your account is your client service manager. Reachable via email on clientservice@gsd.capital.

16.0 Trusted Contact Person and Temporary Holds on Your Account

A Trusted Contact Person ("TCP") is someone at least 18 years of age you tell us we can contact if we suspect you may be subject to financial exploitation or if we have questions about your mental or physical well-being. For example, many people in their advancing years may demonstrate declining cognitive ability. The TCP may be able to help you and GSD Capital in such circumstances. Designating one or more TCPs is solely your decision and is optional.

By electing a TCP, you understand that you have authorized GSD Capital to contact the TCP at our discretion and to disclose any information about your account to help us address the situations noted above. This includes disclosing information about your account to address possible financial exploitation, confirming the specifics of your current contact information, your mental and physical health status, or the identity of any legal guardian, executor, trustee, or holder of a power of attorney on your account(s); or as otherwise permitted by industry regulations.

You may change or remove your TCP at any time by sending us a notice in writing. A TCP is not authorized to make investment decisions or withdraw funds from your account.

You authorize us to place a temporary hold on disbursements of funds from your account or, in some cases, a temporary hold on transactions if GSD Capital reasonably believes financial exploitation has been attempted or has occurred in your account or in other circumstances we believe are necessary for your protection. You also acknowledge that we may report any reasonable belief of financial exploitation, or in other circumstances we believe are necessary for your protection to law enforcement agencies.

17.0 Separability

If any term of this agreement is found to be invalid or unenforceable, all other provisions will remain in full force.

18.0 No Legal or Tax Advice

You acknowledge that GSD Capital does not give legal advice or tax advice. However, we may provide you with general tax and estate planning information and principles. You agree that these principles do not apply to your specific circumstances or take into account your comprehensive tax or estate planning situation. For that type of assistance, you agree to consult your own tax or legal advisor.