This Agreement is entered into by and these Terms & Conditions (hereinafter referred to as the “Agreement”) shall regulate the relationship between Nerium Capitals Limited, with Reg. No. IC000177 (hereinafter referred to as the “Company”), and the user (a natural or legal entity) (hereinafter referred to as the “Client”) of www.neriumcaps.com (hereinafter referred as the “Website”).

  • 1. The Client confirms that he/she has read, understood and accepted all information, conditions and terms set out on Website which are open to be reviewed and can be examined by the public and which include important legal Information.
  • 2. By accepting this Agreement, the Client agrees and irrevocably accepts the terms and conditions contained in this Agreement, its annexes and/or appendices as well as other documentation/information published on the Website, including without limitation to the Privacy Policy, and Withdrawal & Refund Policy. The Client accepts this Agreement by registering an Account on the Website and depositing funds. By accepting the Agreement, the Client enters into a legal and binding agreement with Nerium.
  • 3. The terms of this Agreement shall be considered accepted unconditionally by the Client upon the Company’s receipt of an advance payment made by the Client. As soon as the Company receives the Client's advance payment, every operation made by the Client on the Trading Platform shall be subject to the terms of this Agreement and other documentation/information on the Website.
  • 4. The Client hereby acknowledges that each and any Operation, activity, transaction, order and/or communication performed by him/her on the Trading Platform, including without limitation through the Account, and the Website, shall be governed by and/or must be executed in accordance to, the terms and conditions of this Agreement and other documentation/information on the Website.
  • 5. By accepting this current agreement, the Client confirms that he/she is able to receive information, including amendments to the present Agreement either via email or through the Website.

1. Terms

  • Account – means unique personified account registered in the name of the Client and which contains all of the Client’s transactions/ operations on the Trading Platform (as defined below) of the Company.
  • CFD (contract for difference) - means a tradeable contract entered into between the Client and the Company, who exchange the difference in the value of an Instrument, as specified on the Trading Platform at the time of opening a Transaction, and the value of that Instrument at the contract’s end.
  • Digital Option Contract - means a type of derivative instrument where the Client earns a weekly payout if they already deposited. The prediction can be made as to whether the value of the underlying asset will fall above or below the strike price at time of expiration.
  • Execution - means the execution of Client order(s) by the Company acting as the Client's counterparty as per the terms of the present agreement.
  • Indentity Verification - means the documents to be provided by the Client, including without limitation to a copy of the passport or ID and utility bill of the Client.
  • Market - means the market on which the Financial Instruments are subject to and/or traded on, whether this market is organized / regulated or not and whether it is in physical and online.
  • Trading Platform - means an electronic system on the internet that consists of all programs and technology that present quotes in real-time, allow the placement/modification/deletion of orders and calculate all mutual obligations of the Client and the Company.

    • 2. Subject of the Agreement

    • 1. The subject of the Agreement shall be the provision of Services to the Client by the Company under the Agreement and through the Trading Platform.
    • 2. The Company shall carry out all transactions as provided in this Agreement on an execution-only basis, neither managing the account nor advising the Client. The Company is entitled to execute transactions requested by the Client as provided in this Agreement even if the transaction is not beneficial for the Client. The Company is under no obligation, unless otherwise agreed in this Agreement and/or other documentation/information on the Website, to withhold the Client fund or refuse to pay-out weekly. Unless otherwise specifically agreed, the Company is not obliged to make an attempt to execute the Client’s order using quotes more favourable than those offered through the Trading Platform.
    • 3. The Investment and Ancillary Services which the Company should provide under the terms of the Agreement are stated below, and the Company will provide them in its capacity as a market maker under the terms of this Agreement.
      The Services that the Company provides in relation to one or more Financial Instruments are the following (the list below not to be regarded as exhaustive):
      1. * Reception and transmission of funds (deposits & withdrawal) in relation to one or more Financial Instruments;
      2. * Execution of the orders on behalf of the Clients.
      3. * Dealing on Own Account.
      4. * Investment Advice.
      5. * Ancillary Services
      6. * Safekeeping and administration of the Financial Instruments for the Client’s Trading Account, including custodianship and related services such as fund management.
      7. * Foreign exchange services where these are connected to the provision of the Investment Services.
      8. 4. Financial Instruments (the list below not to be regarded as exhaustive):
      9. * Crypto Trading.
      10. * Mining.
      11. * Financial Contracts for Differences (CFDs) in cryptocurrencies
    • 5. Subject to the provisions of this Agreement, the Company agrees to provide the Client with the Services subject to the Client:
      * Being of age of maturity in accordance with the jurisdiction he/she resides in or is a resident of, is of legal competence and of sound mind.
    • 6. The Company will offer Services to the Client at the absolute discretion of the Company subject to the provisions of this Agreement.
    • 7. The Client is prohibited and shall not, under no circumstances, be allowed to execute any transactions/Operations on the Trading Platform, Website and/or through his/her Account that would as a result exceed the total balance and/or amount of money deposited/maintained with his/her Account. Such deposited amounts shall be considered to have been provided as investment fund and shall be traded with in a separate trading account by Nerium Capitals traders.

    3. Services of the Company

    1. 1. Services – services provided by the Company to the Client through the Trading Platform of the Company, including without limitation to market analytics, investment advice, receive deposits and pay profits, news and marketing information services.
    2. 2. The Company shall facilitate the execution of trade activities/orders and/or transactions of the Client but the Client hereby acknowledges and accepts that the Company shall not at any time provide any trust services and/or trading consultation or advisory services to the Client.
    3. 3. The Company shall process all transactions/Operations of the Client in accordance to the terms and conditions of this Agreement. The Company shall manage the Client’s Account, invested fund and advise the Client in any way to maximize profit.
    4. 4. The Company shall process the orders/transactions requested by the Client under this Agreement irrespective of whether such orders/transactions may result to not being beneficial for the Company.
    5. 5. The Company shall not be financially liable for any operations conducted by the Client through the Account and/or on the Trading Platform.
    6. 6. Each Client shall be the only authorized user of the Company’s services and of the corresponding Account. The Client is granted an exclusive and non-assignable right to the use of and to access the Account and it is his/her responsibility to ensure that no other third party, including, without limitation, to any next of kin and/or to members of his/her immediate family, shall gain access to and/or trade through the Account assigned to her/him.
    7. 7. The Client shall be liable for all orders given through his security information and any orders received in this manner by the Company shall be considered to have been given by the Client. So long as any order are submitted through the Account of a Client, the Company shall reasonably assume that such orders are submitted by Client and the Company shall not be under any obligation to investigate further into the matter. The Company shall not be liable to and/or does not maintain any legal relations with, any third party other than the Client.
    8. 8. If the Client acts on behalf of any third party and/or on behalf of any third party’s name, the Company shall not accept this person as a Client and shall not be liable before this person regardless if such person was identified or not.
    9. 9. The Client has the right to cancel his/her order submitted with the Company within 10 minutes following submission (hereinafter referred to as the "Cancellation"). Following ten minutes from the moment of submission of the order with the Company by the Client via the Trading Platform.
    10. 10. The trading cycle of any investment plan must elapse 48weeks and client is entitled to be paid weekly based on his investment value.
    11. 11. It is understood and agreed by the Client that the Company may from time to time, at its sole discretion, utilize a third party to hold the Client’s funds and/or for the purpose of receiving payment execution services. These funds will be held in segregated accounts from such third party’s own funds and will not affect the rights of the Client to such funds.

    4. Settlement of Transactions

    1. The Company shall proceed to a settlement of all profits upon execution of such transactions every Friday of the week until 48weeks when the cycle terminates or the Client can decide to compound.
    2. An online statement of Account will be available for printing to the Client on the Trading Platform of the Company, at all times.

    5. Rights, Obligations and Guarantees of the Parties
    1. The Client shall be entitled to:

    1. Request withdrawal of any amounts and provided that the Company has no claims against the Client and/or the Client does not have any outstanding debts to the Company;
    2. In the event that the Client has any alleged complaint against the Company and/or there is any dispute between the Client and the Company, then the Client can submit his/her complaint, to include all relevant documents and details, to the Company at support@neriumcaps.com. The Company shall acknowledge receipt of any such complaint, initiate an internal investigation of the matter and shall respond to the Client within a reasonable amount of time but not later than 72 hours from the date that the complaint was received.
    3. Unilaterally terminate the Agreement provided that there is no debt outstanding from the Client toward the Company.

      4. 6. The Client:

      1. A. Acknowledges that the Account shall be activated upon the deposit of funds/advance payment into the Account.
      2. B. Acknowledges that Nerium Capitals shall trade with his/her deposit and reward him/her profit share of the corresponding plan until the cycle of 48weeks elapse.
      3. C. Warrants that he/she shall at all times be compliant with and honor all terms and conditions of this Agreement
      4. D. Warrants that he/she shall ensure that at all times the username and password issued by the Company in relation to the use of the Service(s) and the Account, will only be used by him/her and will not be disclosed to any other person;
      5. E. Shall be liable for all orders submitted through his/her security information and any orders received in this manner by the Company shall be considered to have been given by the Client;
      6. F. Hereby acknowledges that frequent access and logins to the Account via different IP addresses from different countries and/or via the use of VPN is an indication that shall reasonably lead the Company to investigate his/her account.
      7. G.Warrants that he/she shall take all necessary steps and action in order not to disclose any confidential information of the Company which the Company shall disclose to and/or make available to the Client from time to time.
      8. H. Accepts any risk, including without limitation to any risk of financial loss, that arises from unauthorized access to and operation of his/her Account by third and/or unauthorised parties.
      9. I. Shall notify the Company of any changes of his/her contact details and any other changes of the personal data he/she provided to the Company, within 7 (seven) calendar days since such changes came into effect.
      10. J. Shall register only 1 (one) Account with the Company. In case that the Client decides, he/she can have multiple investment plan running concurrently but it has to be done with different email ID.
      11. K. Acknowledges that the Company will send every profits accumulated by the Client to the payment method used when registering unless otherwise agreed by the Client.
      12. L. Acknowledges and accepts that this Agreement and/or to any materials made available on the Website may be amended unilaterally, from time to time, by the Company, and that he/she shall be responsible to check on the Website frequently in order to ensure that he/she has made himself/herself aware of any changes effected in such manner. Upon the submission of a request by the Client of any transaction/Operation, any changes effected to this Agreement and/or to any materials made available on the Website shall be deemed as acknowledged and accepted by the Client.

      7. The Company shall be entitled to:

      1. A. Accept deposit from the client through the payment method listed and shall trade with the fund for the purpose of generating profits..
      2. B. The Company reserves the right to pay the clients every week on this invested deposit for 48weeks also the client may decide to compound funds or top-up to earn more..
      3. C. The Company reserves the right to change, add or set as default the investment payments rate, profit share rate, the possibility of adjusting the profit share rate, the possibility of acquiring the investment type, the minimum and/or the maximum investment amount, the possible expiration periods for one, several or all of the of the assets. The company shall be entitled to limit the maximum amount of invested fund to a cycle of 48weeks.
      4. D. The Company shall pay 10% referral commission to business introducers, referring agents, or other third parties based on written agreement. This fee/commission is related to the frequency/volume of transactions and/or other parameters.
      5. E. Contact the Client with any question concerning the Agreement herein, including, in order to clarify the Client's intentions regarding his/her actions through the Account.
      6. F. Unilaterally modify and/or amend and/or restate the terms and conditions of this Agreement and/or the material made available on the Website without prior notice to the Client. The Company shall notify the Client of any such changes through the Website and/or by the delivery of an email to the Client.
      7. G. Engage third parties with a view to cooperate in order to facilitate and/or enhance any and/or the provision of, the Services under this Agreement.
      8. H. With regard to any matters and/or obligations that are not covered by this Agreement, the Company shall act accordingly upon its own discretion but at all times in accordance to business custom and existing practices within the line of the Services.

      8. Obligations of the Company:

      1. A. Subject to the provisions of this Agreement and the Company being reasonably satisfied that the Client is compliant with the terms and conditions of this Agreement and/or has not in any way breached any terms of this Agreement, the Company shall offer the Services through the Website;
      2. B. To fulfil provisions of the Agreement herein.

      9. VIP Benefits

      1. 1. The Company may and at its sole discretion, provided a Client deposits in his/hers Trading Account a total amount of $30,000 (Twenty Thousand US Dollar) or the equivalent amount in another currency, grant the Client VIP status and benefits as these will be set out from time to time at the Company’s website or to be requested from the administrator.

        2. 10. Duration and Termination of the Agreement

        1. 1. The Agreement herein shall be concluded for an indefinite term.
        2. 2. The Agreement herein shall come into action when the Client accepts the Agreement and makes an advance payment to the Company.
          3. 3. The Agreement may be terminated in any of the following circumstances:
          1. I. Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteen) days written notice. During the 15 days’ notice, the Company may limit the services available to the Client, however access will be granted in order for the Client to withdraw any remaining balance.
          2. II. The Company shall be entitled to terminate this Agreement, delete the Client’s account, and return any remaining funds (if applicable) immediately and without giving prior notice under the following circumstances:
          3. III. Death or legal incompetence of the Client.
          4. IV. If any application is made or any order is issued, or a meeting is convened, or a resolution is approved, or any measures of bankruptcy or winding up of the Client are taken.
          5. V. The Client violates or the Company has reasonable grounds to believe that the Client violated, any of the Client’s obligations under and/or terms of, this Agreement and/or is in breach of any of the warranties and representations made by her/him in this Agreement.
          6. VI.The Client being guilty of malicious conduct or gross negligence or fraud or of using fraudulent means or was involved in fraud scheme in relation to the performance of this Agreement.
          7. VII. If it comes to its attention and/or has reasonable grounds to believe that the Client is guilty of fraud or of using fraudulent means or was involved in fraud scheme in relation to the performance of this Agreement.
          8. VIII. The termination is required under applicable law.
          9. IX. In case the Client receives 2 warnings regarding verbal abuse against employees of the Company.
          10. X. If the Client didn’t provide to the Company his KYC documents within 3months from the moment of acceptance of this Agreement.
          11. XI. In case the Client uses and/or there are indications that lead the Company to reasonably believe that the Client uses different IP addresses from different countries and/or VPN during the course of executing any transactions and/or trades through the Trading Account and/or the provision of the Services. Whether the Client has provided notice to the Company for any change to its IP address and/or of the use of VPN is irrelevant.
          4.In case of termination of this Agreement for a reason indicated in section 10 of this Agreement, the Company shall have no liability towards the Client and no obligation to pay the future profit of the Client.
        3. 5. In case of termination of this Agreement for a reason indicated in sections 10 of this Agreement, the Company shall have either to wire to the Client the remaining balance or to give to the Client the opportunity to withdraw his/her remaining balance or shall have to wire to the Client the remaining balance.

        11. Fraud
        In the event that the Company has reasonable facts to believe and/or comes to its attention that the Client has acted fraudulently with regard to the subject matter of the Agreement, including without limitation to the following occurrences:

        1. 1. Fraud associated with credit card transactions and other ways to fill a balance that does not belong to the Client;
        2. 2. Fraud associated with the use of software for false trading results;
        3. 3. Fraud associated with errors and system failures for false trading results
        4. 4. Using phishing documents on the company or other investors The Company shall be entitled to block the Client's account without prior notice and without the possibility of further money withdrawal and/or entitled to unilaterally terminate the Agreement in the extrajudicial procedure.