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Fundvest

General terms and conditions

Version 1.2, valid from 18 April 2023

This document is a part of a legally binding agreement between you and Fundvest. It provides important information about Fundvest and its services with the aim of making sure that you make an informed investment decision.

For your own benefit, you are obliged to read it carefully and make sure that you understand the information that is provided. In case of any questions or doubts, please contact us or seek independent professional advice.

By entering into an agreement with Fundvest you confirm that you are 18 years or older (if you intend to use our services for your personal needs), that you are properly authorized to act on behalf of the company you represent (in case our services will be used by a legal entity) and that you are acquainted with the documents and information that are indicated in Section 24 of this document by way of reference and are made available to you on our app and website at any time.

Transactions concluded under the agreement between you and Fundvest are open to fluctuations in the financial markets. Past performance in any financial markets is not indicative of future performance. For further information related to risks that are associated with investing and the specific financial instruments that are made available to you by us please refer to Financial instruments and investment-related risks overview. You should ensure that you fully understand such risks before starting to use our services.

Fundvest does not serve private persons or legal entities who are residents (including citizens, tax residents, temporary residents or otherwise considered as residents under the applicable law) of the United States of America. By entering into the agreement with Fundvest clients confirm that they are not residents of the United States of America and undertake to immediately notify Fundvest of any changes in this regard. Fundvest may discontinue providing services and terminate the agreement in case it concludes that a client is a resident of United States of America (for this purpose Fundvest may also use publicly available information). Fundvest will not be held liable for any losses incurred by the client caused or otherwise related to the above.

Nothing in this document changes, restricts or supersedes any duty or liability owed by us to you under the applicable law.

1. Who is Fundvest

It is the name used by Fundvest UAB (Fundvest or we) which is a company established in the Republic of Lithuania (registration code 305667997, address Konstitucijos av. 15-93 Vilnius, Lithuania, website, info@fundvest.eu, +37067787080.

Fundvest UAB is licensed by Lithuanian financial supervisory authority Bank of Lithuania (financial brokerage firm (category B), license number B4, date of issuance 11 January 2022, authorisation code LB002124. More information is available on the website of the Bank of Lithuania.

2. What services Fundvest provides

When using the services provided by Fundvest, the Clients can place their Orders to buy and sell Securities using a fully automated online tool that is accessible via a mobile application. Once an Order is received by Fundvest it is transmitted to another financial brokerage firm or bank who are responsible for execution. Fundvest may add or remove services (including financial instruments that are available while using the services) and functionalities without giving prior notice to the Clients, and Clients are free to choose the exact scope of services at their own discretion.

According to the Agreement, Fundvest provides the following services to its Clients:

  • Opening and managing Investment account.
  • Auto-investment.
  • Accounting and storage of Securities and funds that belong to Clients.
  • Receiving Orders to buy or sell Securities and transmitting them for execution.
  • Currency conversion.

3. What is the purpose of this document and why it is important

This document together with other documents mentioned in this document by way of reference lays down the rules that form a legally binding agreement between Fundvest and its Clients. All relevant documents are made available and accessible at any time on our app andwebsite. They may be amended from time to time. In case of any changes, you will receive a notification.

4. Terms used in the agreement

Agreement is a set of documents including General terms and conditions and documents listed in Section 24 that are applicable while using the services provided by Fundvest.

App means Fundvest mobile application developed for the purpose of enabling the provision of services under the Agreement. To be able to use it to the full extent please make sure you have downloaded the latest version.

Appropriateness assessment means actions taken by Fundvest to evaluate if a Client possesses the necessary knowledge and experience to use the services provided by Fundvest.

Auto-investment is a functionality which enables the Client to set recurring Orders for purchasing units of exchange-traded funds chosen by the Client.

Business day means Monday to Friday except for official public holidays in the Republic of Lithuania.

Client is a natural person or a legal entity that has entered into the Agreement with Fundvest for the purpose of using its services.

Corporate actions are events carried out by the Issuers or depending on their will, such as issuance of financial instruments, a general meeting of shareholders, payments of dividends, interest or other payments, the granting and realization of property and non-property rights, as well as other events.

Electronic channels include website of Fundvest, Fundvest app and email of both parties.

Executing broker is a third party (financial brokerage firm or bank) chosen by Fundvest for the execution of Orders placed by Clients.

Execution venue means a regulated market, multilateral trading system or organized trading system.

Investment account is an account opened by Fundvest to its Clients which enables depositing (withdrawing) funds, purchasing Securities and receiving investment proceeds. It does not have any specific status in relation to any taxation matters (e. g. tax reliefs) in any country or jurisdiction. Investment account cannot be used for purposes other than indicated in this Agreement.

Issuer is a legal entity that develops, registers and sells Securities to finance its operations.

Market data means all information including but not limited to pricing data, volume data, news, real-time or delayed, provided to Clients through the App that relates to publicly traded financial instruments.

Market data provider means a third party used to source and provide Market data.

Market hours mean the hours when the main trading sessions at Execution venues are open.

Non-complex securities are publicly traded stocks, bonds and units of collective investment undertakings.

Order consists of instructions to Fundvest to purchase or sell a Security on the Client’s behalf. Please refer to Section 7 and Best execution policy for more information on the types of Orders, their acceptance, processing, and other important aspects.

Parties are Client and Fundvest.

Position is the number of Securities held by a Client.

Representative of the Client is a natural person who is authorized to act on behalf of the Client when using the services of Fundvest. This includes all stages and aspects of using the services including providing information, making decisions, responding to our requests and ensuring proper execution of other duties set in the Agreement.

Retail client is a non-professional investor irrespective of whether it is a natural person or a legal entity.

Security (-ies) refers to financial instruments that hold monetary value. They may represent an ownership position in a publicly traded corporation via stock; a creditor relationship with a governmental body or a corporation represented by owning that entity’s bond; units of exchange traded funds (ETFs) are also considered as Securities under the Agreement. We may determine at our sole discretion which Securities will be available while using our services.

Target client group is a group of people with shared characteristics that Fundvest has identified as potential Clients for its services.

Trading day is the time interval when Execution venues are open.

Transaction means buying or selling Securities.

Other terms used in the Agreement must be interpreted in the sense established by the Law on Markets in Financial Instruments of the Republic of Lithuania, the Law on Securities, legal acts of the Bank of Lithuania, rules of Execution venues (where the Order is executed), etc., except in cases, when this Agreement clearly states otherwise.

5. Categorisation of Clients, Target client group and appropriateness assessment

Considering the limited scope and non-complex nature of Securities and Transactions that are available while using the App, all Clients belong to a single Target client group which is defined as Retail clients and are granted corresponding (i.e. the highest) level of protection as required by applicable legal acts. Clients are allowed to request to be placed in a different category other than Retail clients, but this does not affect the way Fundvest defines its Target client group and the decision regarding reclassification of a particular Client is in sole discretion of Fundvest.

In accordance with applicable legal acts, Fundvest assesses the appropriateness of its products and services to the Client considering their knowledge and experience.

To be able to perform the assessment, Fundvest collects information about Client’s knowledge and experience in the field of investment (in case where the services are used by a legal entity the knowledge and experience of the Representative of the Client are taken into account). For this purpose, Fundvest asks the Client to provide the necessary information by answering the questions prepared by Fundvest. Fundvest relies on the information provided by the Client and is not obliged to check its veracity. However, in case of any doubt Fundvest may compare the information by using different sources that are available to Fundvest.

If Client refuses to answer the questions or if we conclude that Client has provided incorrect information, we may refuse to provide our services. If information that was provided to us previously changes, the Client is obliged to provide us with updated information in 3 (three) Business days by contacting us using one of the Electronic channels.

Where we conclude that a Client may not have sufficient knowledge and experience, we will issue a warning by indicating that by investing the Client faces risks that they may not fully understand which may result in financial losses.

6. Opening Investment account, depositing and withdrawing funds

Investment account will be opened for each Client. Irrespective of whether the Client is a natural or a legal person, the Investment account will have the same functionalities. However, Clients who are natural persons and use the services of Fundvest for their personal needs are granted with additional rights by applicable law.

Investment account (including any sub-accounts) may be used to place funds and to use them for buying Securities and paying applicable fees as described in the Agreement. Additional functionalities may be added in accordance with any schedules to the Agreement.

To place funds in the Investment account you will be provided with detailed and specific instructions that will be made available to you in the App. The funds will be placed on the Investment account without a delay longer than 1 (one) Business day on our side, however, this may be affected by existing rules and practices of other financial institutions serving either you and/or Fundvest (in exceptional cases it could take up to 5 (five) Business days). Fundvest will not be kept liable for any delays and consequences caused by any third parties.

Third-party payments are not accepted by Fundvest which means that the funds placed in the Investment account must be easily traceable to make sure they come from the Client. In case of any doubts Fundvest has the right to ask for documentary proof of the ownership of the funds.

If a third-party payment is identified or if in case of a doubt Client is not able to provide documentary proof the funds will be returned to the same account from which they were received.

The right to access and use the Investment account (including security credentials) is granted to the Client exclusively and the Client may not allow other persons to use the Investment account. In case the services are used by a legal entity access is granted to the Representative of the Client and the same rules as described in this section apply. If the Client becomes aware of an illegal or abusive access and usage of the Investment account, the Client is obliged to notify Fundvest immediately. More information related to fraud prevention is provided on our website.

Currency used for depositing funds must be Euro. If the currency of the funds deposited to the Investment account is different than Euro, the funds may be accepted, but all costs related to conversion to Euro and acceptance will be paid by the Client by deducting them from the deposited amount.

All entries in the Investment account will be made in accordance with the Client’s Orders that were provided by the Client, as well as other legal grounds established in the legal acts of the Republic of Lithuania.

Investment account statements and reports will be provided to the Client in the App or via email.

Any income or other payments related to Securities held by a Client (e. g. dividends and interest payments) will be accepted to the Client’s Investment account. This also applies to any fees or other deductions applied by any third parties in relation to Securities held by the Client.

As a general rule, funds can be withdrawn from the Investment account at any time. However, in specific cases we may apply restrictions which will be disclosed to you in advance. Your request for withdrawal will be processed by Fundvest within 1 (one) Business day provided there is a sufficient amount of funds available on the Investment account (funds related to Transactions that were not yet settled at the moment of processing the request for withdrawal may only be withdrawn after the transaction is fully settled).

7. Types of orders, placing, changing and cancelling orders

While using the App 3 types of Orders may be placed: market Orders, limit Orders and auto-investment Orders:

  • Market orders are executed at the current market price.
  • Limit orders set the maximum or minimum price at which you are willing to complete the Transaction.
  • Auto-investment Orders are placed by setting recurring payments for purchasing your chosen Securities on a periodic basis.

Orders are placed by using the App and indicating all requested information in the standard form that will be provided to you. Instructions for Orders can only be given to Fundvest via the App. Instructions for Orders sent via email or using other methods will not be regarded by Fundvest as legitimate instructions for Orders and will not be accepted.

Orders will be checked by the internal Fundvest systems immediately upon receipt against the applicable limits, filters and trade surveillance indicators. If an Order cannot be executed due to insufficient funds balance or applicable Order limits or other reasons that may exist (including but not limited to restrictions with our Executing broker or other third parties, Execution venues or due to unusual financial market conditions), Fundvest is authorized not to accept an Order or delay the transmission of an Order. In such cases, we assume no liability to compensate you any potential difference in prices that existed at different time from the moment when you placed an Order until it was executed.

All Instructions for Orders provided via App are assumed to be given by the Client. Granting the access to the Investment account to any third party is strictly forbidden.

There is a time difference between the moment an Order is executed and the moment that the Transaction is fully settled. Orders that have been accepted and executed (intended Transaction has taken place) will be immediately booked in the Investment account, as well as amounts of payable fees. This means that the Transaction may be booked in the Investment account before it is settled. These bookings are conditional bookings and aimed at showing the economic position of the Client.

This may affect the Client’s investment strategy as, for example, the Client may not be able to fully execute their shareholders’ rights (e. g. by participating in Corporate action) with an unsettled Position before the date that Securities are traded without the rights deriving from and/or related to a Corporate action (ex-date).

Fundvest can refuse to accept an unclear, unusual or incorrect Order (e. g. Order placed after the termination of the Agreement). Fundvest will notify the Client in case of Order refusal (rejection). Fundvest is not liable for any losses if the Order is not executed or executed with a delay as a result thereof.

Before placing an Order you must make sure that all fields are completed and all values that you enter are correct. You must also understand that by placing an Order you take the risk of a loss.

Before submitting an Order to sell Securities, you must ensure that the required amount of relevant Securities is available on the account.

Before submitting an Order to buy Securities you must ensure that there is a sufficient amount of funds in the account to execute the Order and pay the applicable fees.

After accepting an Order, we will provide you with a confirmation in the App.

If an Order is rejected (by us or by the Executing broker) you will be also notified. Neither we, nor the Executing broker is obliged to provide any reasons or justify the rejection.

We will make every possible effort to ensure that you can submit an Order without any disruptions, however, we are not responsible for any losses or expenses related to improper operation of the internet or other communications/systems or the inability to use the functionality of submitting an Order, which occurred through no fault of Fundvest.

Orders are not accepted via phone, in writing or in any other form which is different to those described above.

Fundvest has the right to refuse to accept any Order without giving reasons, if acceptance of the Order would be against any legal requirements, rules of the Execution venue where the Order should be executed, good market practice, if the Client does not have sufficient funds and/or Securities; if the Client has any overdue debts to Fundvest or there are other reasons due to which the acceptance and/or execution of an Order is impossible.

The amount of funds or Securities necessary to fulfil your obligations arising from the Transaction concluded in accordance with the Order, including fees charged by Fundvest, is debited by us in the Investment account immediately after receiving the Order and without your separate instructions.

In the event where the funds in the Investment account are not in the currency to be paid or are insufficient, we will convert the necessary amount of funds according to the rate determined by us at the time.

In order to change the terms of the Order, the Client must cancel the previous Order and submit a new Order. The Client has the right to cancel the Order or change the terms of the Order until the Order has been executed.

All orders that have been placed in the App can be cancelled if they were not yet fully executed (in case of partial fill, the remaining amount of units that have yet not been executed, can be cancelled). Client can place a new order after the previous order cancellation. In addition, Client can modify the outstanding orders that have yet not been fully executed (e. g. change the amount of units intended to buy or sell or change the intended execution price (limit price).

An Order that has been submitted may be cancelled by the Executing broker, any regulatory authority or other third-party. This may also apply to certain Positions. We will seek to notify you of any such cancellations as much as reasonably possible.

We may have to suspend the provision of our services via the App without giving you prior notice which may result in suspension of your access to the App or certain functionalities thereof (e. g. your ability to place an Order), transmission of Orders that were already placed may also have to be suspended. This may happen due to the reasons listed below:

  1. Orders of supervisory, law enforcement or other competent authorities.

  2. Decisions of our partners (e. g. Executing brokers or Market data providers).

  3. Changes in the financial markets and decisions of Issuers.

  4. Measures aimed at prevention of fraud, market abuse, money laundering and/or terrorism financing (including implementation of international sanctions and restrictive measures), and/or other illicit activities applied either by us or our partners.

  5. Use of technical systems and tools that belong to us or our partners but are part of our infrastructure becomes impossible or restricted. Where applicable Order regarding financial instruments that are the joint property of spouses can be submitted only by both spouses, except in cases where one of the spouses submits a power of attorney issued by the other spouse. Order regarding financial instruments that are the personal property of a spouse may be submitted only together with written evidence confirming the fact of personal ownership, with the exception of cases established by law.

If power of attorney of the spouse that was granted to the Client ceases to be valid for any reason (is revoked, expires, etc.), it is the obligation of the Client to notify Fundvest immediately. The Client, who fails to fulfil this obligation, assumes all the related risks and must compensate Fundvest for all losses incurred as a result.

8. Order transmission for execution

Once we receive a properly placed Order, we transmit it for execution to the Executing broker.

By entering into the Agreement you consent to the Best execution policy that is made available to you on our website.

As the prices in the financial markets change quickly and unexpectedly, your Order may be executed at a worse price that it was at the moment of placing the Order. In such cases, we assume no liability to compensate you the difference in those prices.

9. Custody and safeguarding

When protecting Securities and funds belonging to our Clients, we take measures that ensure the protection of Clients’ property rights and prevent illegal use of assets belonging to the Clients. Funds placed on the Investment account for the purchase of Securities and funds received from the sale of Securities (including any other form of income received by Clients) owned by the Clients are the property of the Clients and cannot be subject to collection of debt of Fundvest.

Fundvest selects service providers for the purposes of custody and safeguarding with due professionalism and care and shall grant them the right to store the assets of its Clients with other service providers when the respective service provider cannot directly store these assets. Securities belonging to the Clients may be held in custody in omnibus account opened with another financial brokerage firm or commercial bank.

Fundvest maintains sound and effective organisational, administrative, accounting and internal control procedures and shall undertake other measures to ensure the protection and safety of the Securities and funds of its Clients.

10. Corporate actions

Where applicable any information regarding Corporate actions that Fundvest receives will be forwarded to you without any delay by email thus ensuring that you have sufficient time to react to the information received.

However, you are obliged to independently inquire and evaluate information about Corporate actions and you may use public information sources for this purpose.

Where possible Fundvest transmits information regarding Corporate actions without delay after it is received from you, following a process allowing for compliance with the Issuer‘s deadline or record date.

You confirm that you are aware that in case of certain Corporate actions, Fundvest has the right to apply restrictions regarding Securities held by the Client as instructed by an authorised third party until the Corporate action is over without receiving instructions from the Client.

You agree to receive the dividends in cash, except in cases where it is not possible due to the Issuer’s decision to pay dividends in another form.

If case of certain Corporate actions (e.g. stock split, reverse stock split, merger or acquisition) where Client is eligible for fractional shares because of the ratio of distribution, the corresponding monetary compensation will be allocated by Fundvest to the Client instead of fractional shares. This applies in any circumstances irrespective of the method of compensation chosen by the Issuer. This also applies if in an event of a merger or acquisition, Client is eligible for a Security that is not available while using the services of Fundvest. In such case Client agrees to receive a corresponding monetary compensation as well.

For the purpose of calculating any adjustments Fundvest rounds any amounts below 0.01 to 0.00.

Fundvest is not liable for the losses incurred by the Client in relation to any of the above cases.

11. Market behaviour, social network and related restrictions

To guarantee the integrity of financial markets and increase investor confidence, market abuse (which typically relates to insider dealing, unlawful disclosure of inside information and market manipulation) rules apply to all Clients. To be able to detect any potential market abuse cases we will monitor investment activities of our Clients. Any suspicious activity will be investigated by Fundvest and reported to relevant authorities.

Fundvest may limit the usage of its services, terminate the Agreement and close the Investment account, also apply any other restrictions which may be temporary or permanent where there are any suspicions of market abuse or other abnormal trading practices (such as exploiting obvious errors, speculative, abusive or other malicious actions). Clients are notified and the reasons are explained where possible, unless providing such information would cause negative consequences to Fundvest or any affected third party. Fundvest shall not be liable for any loss suffered by the Client because of such restrictions. In case Fundvest or any of its partners incurs losses resulting from the above-described activities of the Client, the Client must compensate them and Fundvest has a right to obtain profits gained by Clients through abusive behavior as determined by Fundvest at any time.

In cases where Fundvest is affected by any actions of Execution venues, clearing houses or any other third parties, Fundvest will take all reasonable measures to avoid or reduce any negative consequences to its Clients, but it will not be liable for any loss suffered by the Clients because of such restrictions.

This Section also applies in cases where the overall value of assets held by the Client exceeds limits set by Fundvest.

The social network feature of the App is an environment to share the experience of using the services provided by Fundvest the content of which is regularly monitored by Fundvest, and any content that is against the below-set rules may be removed by Fundvest without permission of the Client.

When you encounter content that is against the below-set rules, you are also encouraged to notify us (by using the functionalities provided for in the App or by contacting our Customer support team by email support@fundvest.eu).

A serious or repeated breach of the below-set rules may result in termination of the Agreement, blocking access to the social network or other restrictions for a specified period or indefinitely.

If you have any questions regarding the usage of the social network feature, you may contact our Customer support team by email (support@fundvest.eu).

The content placed by the Client on the social network is not intended and cannot be used to make investment decisions. All investment decisions must be based on the personal knowledge, discretion and risk-appetite of the Client making the decision. In case of any questions or doubts, Clients are encouraged to seek independent professional advice.

Providing investment advice is prohibited when using the social network feature. Investment advice is a regulated financial service and those who provide it must obtain a license. Investment advice constitutes of providing personal (for a specific person) recommendations for performing Transactions regarding Securities. Therefore, it is not allowed to call for specific actions like “invest in” or “sell this” on the Social Feed, to avoid any confusion if investment advice is provided or not.

Clients are prohibited from distributing their own personal or otherwise sensitive information and personal (sensitive) information of other people (e. g. address, phone number, email address, PIN code, password or other security credentials, etc.) on the social network. If such information is detected it will be immediately removed. If you are requested or encouraged to share such information by other users of the network, we ask you not to engage in such communication at all and notify us immediately.

Notwithstanding any of the above or any other provisions of the Agreement initiating, supporting, engaging or otherwise contributing to any communication relayed to the items listed below may be considered as serious breach of the Agreement resulting in termination of the Agreement of other restrictions:

  • Hate speech of any kind (racism, misogyny, ethnic, etc.)
  • Calls for violence, fraud, suicide and self-harm, any other illegal or unethical activities
  • Spreading inaccurate or false information
  • Harassment and bullying
  • Third-party advertising
  • Investment advice
  • Impersonation or misrepresentation
  • Spamming
  • Profanity, vulgarity and swearing
  • Sensitive personal data
  • Market abuse
  • Copy trading

12. Client’s rights, obligations and confirmations

The Client confirms that all information and confirmations that were provided to Fundvest are true and correct. The Client must inform Fundvest not later than within 3 (three) Business days if any information changes.

When submitting an Order, the Client undertakes to strictly comply with the requirements set forth in Section 7 above. Each time an Order is submitted, the Client confirms that the specified details and confirmations of the Client have not changed at the time of submitting the Order. If any information and confirmations provided by the Client have changed at the time of submission of the Order, but the Client did not inform Fundvest about it, it is considered that the Client did not inform Fundvest intentionally and the Client must compensate Fundvest for all losses incurred as a result.

The Client undertakes to ensure that information provided by the Client at the request of Fundvest on Client’s investment objectives, marital status (if applicable), financial situation and any other information is correct and complete. When providing services to the Client, Fundvest will rely on the most recent information provided by the Client. In the event that the Client provides inaccurate or incomplete information or does not update the changed information, the Client assumes responsibility for all consequences arising from the above actions. The Client undertakes to provide any additional documents and information requested by Fundvest at any time.

The Client is responsible for paying all taxes related to the Securities that are purchased, including submitting the necessary tax returns and other documents to the relevant authorities. Fundvest is not responsible for losses caused by non-payment of taxes, late payment or failure to submit the necessary documents.

The Client has no right to transfer his rights and obligations under this Agreement.

While using the services of Fundvest the Client is obliged to:

  1. Act in strict compliance with the Agreement (its schedules and supplements), applicable legislation including but not limited to, anti-money laundering and counter-terrorism financing acts.

  2. Provide true and correct information requested by Fundvest.

  3. Use only legally acquired funds to top up the Investment account.

  4. Use the services of Fundvest in a way which does not cause losses, liability, or other negative consequences or damage to Fundvest or third parties.

  5. Refrain from taking deliberate actions that could disturb the provision of services, cause system malfunctions, damage or destruction, as well as organising or engaging in illegal activities or behaviour such harassment, discrimination, using abusive language, etc.

  6. Register as a Client only on their own behalf and not use anonymous phone numbers or e-mail addresses, not disclose personalised security credentials provided by Fundvest to third parties or allow third parties to use the services on behalf and/or under the name of the Client.

13. Liability

Fundvest will not compensate losses suffered by the Client due to crises or other negative changes in the financial markets, changes in exchange rates, prices and inflation. Fundvest is not responsible for the solvency of the Issuer or any third party and is not obliged to compensate the losses suffered by the Client in relation thereto.

Fundvest is not liable for losses resulting from technical failures preventing the use of the App, use of the internet as a means of communication or caused by the disfunction of Client’s own technical resources.

In all cases, the liability of the Party that does not fulfil or improperly fulfils its obligations under the Agreement to the other Party is limited to the amount of direct losses suffered by the injured Party as a result.

The Parties are released from liability if the Agreement is not properly executed in circumstances of force majeure.

For indebtedness under the Agreement, the Client shall pay late payment interest of 0.02 percent of the unpaid amount for each day of delay.

14. Fees

Clients will pay the fees and costs set out in the Fees schedule which is available on Fundvest App and website at any time and may be provided to the Client individually upon request.

All fees and costs are deducted from the funds available in the Investment account whenever they become payable.

Currency conversions rate is selected by Fundvest and a mark–up to the exchange rate is added as indicated in the Fees schedule.

The applicable costs and fees may be increased or decreased by Fundvest from time to time for the following reasons:

  • costs incurred by Fundvest in connection with its relations with third parties (e. g. energy, telecommunications, execution of transactions, currency exchange, custody, settlement, software licenses, regulatory obligations, etc.);
  • changes in market conditions, adjustments related to the introduction of new features, services or functionalities or other commercial reasons;
  • change of the purpose of the services or the manner in which services are carried out.

If any changes to the Fees schedule are made, the Client is provided with 10 (ten) Business days prior notice. If costs and fees are changed for the benefit of the Client, they enter into force with immediate effect and without prior notice to the Client.

15. Changes to the Agreement, termination of the Agreement and succession

Fundvest has the right to unilaterally change the Agreement (all documents that are part of the Agreement) by notifying the Client not later than 10 (ten) Business days in advance. If the Client does not agree with the changes, they have the right to terminate the Agreement by notifying Fundvest 5 (five) Business days in advance via email or in other way indicated by Fundvest provided there are no Securities and funds that belong to the Client left on the Investment account and the Client has duly performed other obligations under the Agreement.

The Client has a right to unilaterally terminate the Agreement by contacting Fundvest via email (support@fundvest.eu) at any time provided there are no Securities and funds that belong to the Client left on the Investment account and the Client has duly performed other obligations under the Agreement.

Fundvest has the right to unilaterally terminate the Agreement with a 10 (ten) Business days prior notice to the Client where the Client does not use the services of Fundvest for more than 3 (three) consequent years and provided there are no Securities and funds that belong to the Client left on the Investment account.

Fundvest may terminate the Agreement or restrict the usage of the services without giving a prior notice to the Client if the Client is in breach of contractual obligations.

The Agreement can be terminated, or the usage of the services restricted by Fundvest due to circumstances that it could not control and reasonably foresee at the time of concluding the Agreement and could not prevent the occurrence of these circumstances or their consequences (force majeure).

Upon termination of the Agreement, all amounts payable by Client to Fundvest become due and it is considered that the Client has cancelled all Orders that were not executed before the termination of the Agreement. Client’s Investment account is closed if there are no Securities or funds held by the Client on the Investment account.

If there are Securities in the Investment account, Fundvest has the right to liquidate the Positions that belong to the Client irrespective of their result and hold Client’s funds until they are withdrawn. All related fees are paid by the Client at the rates in effect at the time of the relevant Transactions.

Upon receiving documentary proof of the death of the Client, Fundvest closes any Positions of the Client irrespective of their result and holds Client’s funds until legally binding instructions regarding the successors of the Client are provided.

16. Communication and exchange of information

By entering into the Agreement, Client confirms and agrees that all information and notifications provided by Fundvest under the Agreement may be submitted using solely the Electronic channels indicated in the Agreement.

Information on Investment account balance, Securities held, and Transactions performed will be available in the App at any time.

Client is aware that Fundvest may record phone conversations relating to this Agreement and Client has no objection and hereby agrees to such recording.

All information obtained on the basis of the Agreement is confidential and may not be disclosed to any third party, except in cases where the Party is required to disclose such information under the applicable law.

The Issuer has the right to demand at any time that Fundvest provides information about its Clients, i.e., owners of Securities. This right can be exercised by submitting an inquiry to the central depository. Fundvest must provide the Issuer and the central depository with the information they request.

17. Language

The Agreement (including any schedules, supplements and changes thereto) is made available in the language that the Client chooses as most suitable at the moment of signing up. However, the Client agrees that Fundvest may provide information related to its services and Securities solely in English at its own discretion.

We will exercise our best efforts to ensure that other languages can be used as well depending on your choice (e. g. Estonian, Latvian, Lithuanian).

18. Complaints

If you are dissatisfied about our services, you may submit a complaint by writing us an email to complaints@fundvest.eu and by providing the following information that will help us to properly handle your complaint:

  • Your full name (name and surname) and address.
  • Description of the issue that you have experienced (what and when happened).

We will examine your complaint and will take the following actions to resolve it:

Within 1 (one) Business day we will confirm the receipt of your complaint.

Within 15 (fifteen) Business days after performing a thorough investigation we will send you a reply using your email address that you have provided us with during the registration. In our reply we will inform you about the outcome of our investigation, the actions that were or will be taken to resolve the matter and offer you a solution.

In exceptional cases where it is not possible to resolve the complaint within 15 (fifteen) Business days due to its complexity or other objective reasons, we will notify you via email explaining the reasons for the extension of the term and the final deadline for replying. In any case, the time limit for the final reply will not exceed 30 (thirty) calendar days from the date of receipt of the complaint.

Clients who are natural persons and use the services of Fundvest for their personal needs are provided with an option of applying to the independent dispute resolution authority if our final decision does not fully satisfy them. In such case, Clients may refer their complaint to the Bank of Lithuania in 3 ways:

  • Via the electronic system E-Government.
  • By completing a Consumer Application Form (available on the website of the Bank of Lithuania, please find the link below) and sending it to the Financial Market Supervision Service of the Bank of Lithuania, Totorių str. 4, 01121 Vilnius, email: prieziura@lb.lt
  • By filing out a free-form application and sending it to the Financial Market Supervision Service, Totorių str. 4, 01121 Vilnius, email: prieziura@lb.lt

Whatever the way you choose to submit your complaint to the Bank of Lithuania, it and its annexes must be either in Lithuanian or English. However, it is important to note that the dispute settlement process will be conducted in Lithuanian.

You may find more information on dispute resolution on the website of the Bank of Lithuania.

Complaints handling is free of charge.

19. Investor protection

Fundvest is a member of the investor protection system of the Republic of Lithuania.

More information on the terms and conditions of insurance of liabilities to investors including cases where liabilities to investors are not insured and when limitations on the payment of insurance benefits are applied are explained in schedule to this Agreement called Investor protection which is available on Fundvest website. By entering into this Agreement, you confirm that this schedule has been made available to you.

We will also provide you with information on liabilities to investors insurance once per year using email address that you provided us with.

20. Conflicts of interest

Fundvest seeks to conduct its business in a legal, honest and ethical manner and avoid situations where any conflict of interest would arise. Fundvest has put in place internal control procedures to identify, monitor, manage and, where applicable, disclose conflicts of interest which are summarised in the Conflicts of interest policy made available on the website.

21. Market data

While using the App Clients will be granted access to the Market data received by Fundvest from a third-party Market data provider. Market data is provided to Clients free of charge.

Clients undertake to comply with the obligations and limitations listed below in this section.

Market data providers have exclusive and valuable intellectual rights and Market data constitutes valuable confidential information as it is not available to the general public. Clients have access to such Market data due to the existing contractual relations with Fundvest. Clients must keep the Market data confidential, i.e., Clients must refrain from re-distributing the Market data in any way or disclosing it directly or indirectly: Clients may not copy, download, share, modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer or assign the data available to them to third parties or create derivative works from the data, nor allow any third party to do so.

Fundvest selects appropriate Market data providers at its own discretion. Clients receive Market data from providers as it is (unaltered). However, Fundvest does not guarantee in any way the correctness, accuracy, completeness, or timeliness of the data. Where Market data seems incorrect, Clients shall not act upon such information, but inform Fundvest immediately to prevent any errors.

Fundvest and Market data providers do not assume any liability nor may be held accountable to Clients for any damages arising from the use of provided Market data that is provided to them.

22. Processing of personal data

The Client agrees that his/her personal data will be processed in accordance with the procedure set out in the Privacy policy, which provides a detailed information regarding the purposes of the processing, categories of data processed, recipients of the data, data retention periods, your rights, including a right to lodge a complaint with your national Data Protection Authority, etc.

23. Applicable law

The Agreement is subject to and shall be interpreted in accordance with the law of the Republic of Lithuania.

24. Schedules to the agreement

  • Financial instruments and investment-related risks overview
  • Privacy policy
  • Conflicts of interest policy
  • Best execution policy
  • Acceptable use policy
  • Fees schedule
  • Investor protection

All documents listed above are available on the App and website of Fundvest at any time.

25. Reporting obligations

As a financial institution we are obliged to collect certain information about our Clients for the purposes of reporting. We have the obligation to provide such information to the local authorities and they may exchange this information with authorities of other jurisdiction(s) pursuant to intergovernmental agreements, laws or rules of international institutions regarding the exchange of information, or directly to authorities of other jurisdictions.

By entering into the Agreement with Fundvest Clients confirm and acknowledge that Fundvest is authorized to collect and disclose directly or indirectly to any relevant authorities, or parties authorized by them information about its Clients.

Clients agree to provide Fundvest with all information that we may reasonably request at any time for the purpose of proper execution of our reporting obligations and acknowledge that we can provide to any third party such information about our Clients as we consider appropriate or as required to comply with any reporting obligations.