Client Service Agreement
This agreement outlines the terms of the engagement between Diogenes Investing and our clients.
SCOPE OF SERVICES
1.1 This agreement sets out the terms and conditions of our ongoing professional relationship with you.
1.2 We will assist you with strategies and services to help you meet your investment goals. These strategies are general advice and intended only as a guide as to some of the important considerations to be taken into account relating to property acquisition, construction and development.
1.3 None of our employees or external service providers, with the exception of licenced professionals, are authorised to provide any of the following; legal advice, financial planning, accounting advice, preparation of any legal or accounting documents and or provision of tax agent services. Before acting on any general advice and signing any contracts or other binding documents, you should consult with the aforementioned licenced professionals and consider whether the advice given is appropriate to you and your specific objectives, financial situation or needs.
1.4 From time to time, if requested, we may introduce you to various third party licensed providers who can assist you with these services. These services will be provided at an additional cost to you according to that professional’s billing schedule. You will be responsible for your professional relationships and their fees with all your external providers.
1.5 You acknowledge that we can only provide you with the services on the basis of the information you have provided to us.
2.1 We will charge you a fee of $2,990 inclusive of GST for the service we provide under this agreement.
2.2 This fee is payable personally by you.
3.1 We will provide our service with due care and skill based on the information provided by you.
3.2 Where appropriate, we will provide you with access to educational tools and information so you can make fully informed decisions from a more educated position.
3.3 We will provide access to our professional circle of advisors including but not limited to lawyers, mortgage brokers, accountants, property consultants, construction advisors, leasing agents. These external experts may charge fees independent of Diogenes Investing for the services they provide and will notify you of these before commencement.
3.4 We will provide access to opportunities specifically selected to help you generate wealth and income through property investment.
3.5 If you are assessed by our independent finance partners as unable to acquire the finance required to fund the purchase of a property within 90 days of becoming a member, at your request we will refund your membership fee. You have the option with your membership of retaining it for future consultation and access to our services.
3.6 We offer a cooling off period of 10 business days from signing the agreement or paying your membership fee whichever is sooner. You may cancel by emailing email@example.com, and we will refund your membership fee in full.
3.7 With reference to clauses 3.5 and 3.6 if there is a request for a refund outside of these terms, Diogenes unreservedly retains the right to determine the decision made or outcome of an appeal. A change of mind, market conditions or personal circumstances will not entitle the member to a refund.
INFORMATION YOU PROVIDE TO US
4.1 If we are providing services to you jointly, we accept information both jointly and severally from you.
4.2 You must provide us and our independent finance partners with all information requested to assess your financial capabilities in a clear and accurate manner, within 14 days of being introduced to them. Failure to do so, may contribute to a delay and will void the guarantee under item 3.5 above.
4.3 If you do not provide us with sufficient accurate information, there is a risk that the investment opportunities we provide will not be suitable to your circumstances it is important that the information that you discuss with any of our team, matches the information that you will have to share with our finance partners.
DOCUMENTS WE PROVIDE TO YOU
5.1 It is important for you to read documents provided by us and notify us promptly of the decision taken on any recommendation or if the meaning of any information is unclear. Any such information is not formal financial, tax or legal advice.
6.1 If you need to contact us, you may do so by using the contact details on our website.
6.2 If we need to contact you, we will use the contact address you provide to us. You must inform us if you change your contact address. You are responsible for ensuring that we have up to date contact details for you.
LIABILITY AND INDEMNITIES
7.1 You acknowledge and agree that while we and our representatives will exercise due care and skill, we do not give any assurance or warrant any particular investment’s rate of return.
7.2 We are not responsible for any loss incurred by you as a result of any act, omission, deceit, neglect, mistake or default of any third party except to the extent that the loss is attributable to our negligence, deceit or default.
7.3 To the extent that any loss, liability cost or expense to you is caused by our negligence, fraud or dishonesty, our liability is limited to the extent permitted by law to the value of the loss to which the liability arose at the time of the negligence, fraud or dishonesty.
7.4 This clause 7 shall survive termination of this agreement.
TERM AND TERMINATION
8.1 This agreement commences from the date on which you pay your membership joining fee.
8.2 This agreement may be terminated:
8.2.1 by us if you breach this agreement or any relevant law or fail to make the fee payment which is required under this agreement. If we do this, we will write to you confirming that the agreement has ceased.
8.2.2 if you or any investor connected with you approaches any of our building partners with a view to carrying out business directly bypassing Diogenes Investing. In the instance of this breach the agreement may be terminated, and membership fees forfeit.
8.2.3 by you failing to make the fee payment required under this agreement. If this occurs, we will write to you confirming that the agreement has ceased.
8.2.4 by you providing false or misleading information.
9.1 This agreement shall be governed by and construed in accordance with the laws of Queensland. The parties agree to irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland.
ACCEPTANCE OF TERMS
By paying a membership fee to Diogenes Investing you agree to this Client Services Agreement