Terms & Conditions

1. Definitions

AUCTUS METAL PORTFOLIOS means Auctus Metal Portfolios Pte Ltd, a Singapore company (registration number 201828518M) with registered office at 300 Beach Road #25-02, Singapore 199555.

Account means an account issued by AUCTUS METALS for facilitating transactions relating to precious metals portfolio management, including storing, holding or trading precious metals.

Agreement means an agreement for purchasing Products, engaging portfolio management services, or selling Products to AUCTUS METALS or third parties.

Account Holder means the person or entity granted an account by AUCTUS METALS.

Authorised Agent means any person properly authorized to give trading or funding instructions.

Available Funds means cleared funds.

Business Day means a day when banks are open in Singapore.

Loss means damage, loss, cost, expense or liability incurred or suffered, however arising.

Obvious Error means any matter obviously wrong that no reasonable person would proceed with.

Offer means making an offer to invest funds, engage portfolio management, or sell portfolio positions at quoted prices.

Portfolio Confirmation means confirmation of physical precious metals comprising initial portfolio, purchase price, and location at third-party vaulting facilities (Malca-Amit or AAA-rated Singapore Freeport partner).

Precious Metal Portfolio Management means managing precious metals portfolios according to AUCTUS METALS proprietary algorithms, reweighting holdings to maximize returns.

Product means precious metals and other goods sold or purchased through AUCTUS METALS.

Secured Monies means all monies owed to AUCTUS METALS.

Service / Services means any service provided by AUCTUS METALS relating to accounts.

Your Information means personal information including name, date of birth, addresses, company information, interactions, and identification documents.

You / Your means the Account Holder.

2. General

These Terms apply to all Agreements and dealings between the Account Holder and AUCTUS METALS regardless of transaction mechanism.

3. Accounts

Before entering any Agreement, you must establish an Account with AUCTUS METALS.

Account Opening Requirements

To become a registered investor, complete the account opening form, sign the term sheet, and fulfill registration criteria.

For Individuals:

• Must be above age 21 (proof required)
• Must be of sound mind with full capacity to enter terms
• Must provide identity evidence including passport, national identity card, and proof of residence

For Partnerships, Trusts, or Corporations:

• Provide copy of constitution and/or Memorandum and Articles of Association
• Provide relevant consents and approvals demonstrating authorization

You cannot submit investment requests until your Account is established. AUCTUS METALS will notify you in writing when your Account is established and provide a unique account number.

Account Suspension or Cancellation

AUCTUS METALS may suspend or permanently cancel your Account when acting reasonably if:

• You are in default of obligations under these Terms
• Required by law
• You are acting or may act contrary to law
• For any other reason AUCTUS METALS considers in its best interests

7. Acceptance of Terms

You accept and agree to these Terms by signing the AUCTUS METALS term sheet.

8. Offers by You

You may submit an Offer to invest in managed portfolios via the AUCTUS METALS website, email, in person, or by telephone once your account is established and identity verified. Your initial investment amount and portfolio selection will be specified in your account opening documentation.

9. Offer Submission and Processing

For offers to invest or divest, you make that Offer when communicating your intention to AUCTUS METALS, which must be confirmed in writing. AUCTUS METALS will endeavor to obtain the best possible sales price for your metals. For electronic transactions, communicate your intention by electronically confirming your wish to enter the transaction via the AUCTUS METALS platform.

10. Offer Acceptance

AUCTUS METALS may decline any Offer without giving reasons and is not bound to accept any Offer, order, or inquiry.

11. Solely Segregated Accounts

You will automatically be placed in a solely segregated account if your investment or aggregated investment exceeds USD 180,000. AUCTUS METALS reserves the right to reject investments below USD 180,000.

12. Lower Minimum Fully-Segregated Accounts

Fully-Segregated Vaulted Accounts at lower engagement sizes can be offered, but extra costs beyond AUCTUS METALS control may be incurred. These costs will be outlined in individual requests.

13. Costs and Charges

Details for costs and charges are set out in the Term Sheet Glossary attached to Account Opening forms.

14. Reserve Managed Float

The reserve will float between 3% and 8% of total funds under management held in cash or paper metal positions. This float covers trading in fractional investment bars (paper metal positions not exceeding 8%) and maintains liquidity for servicing management fees and vaulting charges.

This percentage will be clearly reported on statements and vaulting documents. This amount pays AUCTUS METALS storage and account management fees, deducted quarterly at the end of March, June, September, and December.

15. Price - Indicative

Precious metals prices quoted at Offer submission are indicative only and subject to change, particularly in volatile markets.

16. Price - Fixed

AUCTUS METALS pricing is fixed (based on a premium over applicable spot price) at the time of physical purchase of the precious metals comprising your managed portfolio.

17. Final Binding Price

The final binding Price is confirmed by AUCTUS METALS on the Portfolio Confirmation sent once metals are purchased and physically stored. You agree to accept this final adjusted Price when communicated.

18. Best Price Commitment

AUCTUS METALS commits to using best endeavors to trade on best market prices for all metal swaps or client liquidations within professional capacity and with multiple wholesale metal suppliers.

19. Temporary Paper Hedges

As physical portfolio holdings adjust per algorithm, AUCTUS METALS may maintain temporary short-term paper hedges to create liquidity for purchasing new metals while selling old ones. These hedges are immediately unwound when new metal purchases are confirmed by suppliers.

20. Management Fees

Once you agree to invest in managed portfolios, your investment is subject to management fees calculated on daily portfolio valuation based on paper spot revaluation.

Minimum engagement size: SGD 250,000

Management Fees Per Annum:

21. Performance Bonus Fee

AUCTUS METALS charges a 5% performance fee on annual returns exceeding 20% (calendar year basis). For example, 25% portfolio performance results in a 5% fee on gains above 20%, equaling 0.25% of total gains. No performance fee is charged if performance is below 20%.

22. Fee Changes

AUCTUS METALS reserves the right to change management fees with three months' prior notice via email and telephone. All changes are notified on account statements.

23. Fee Calculation and Charging

Fees are calculated daily and charged quarterly in arrears based on portfolio value via global spot paper prices divided by 365 days. Quarters end on March 31, June 30, September 30, and December 31. Investments made mid-quarter are charged pro-rated fees.

24. Portfolio Valuation Reference Prices

For reporting portfolio value and performance, AUCTUS METALS references daily closing spot prices:

• Gold and silver: London Bullion Market Association
• Platinum and Palladium: London Metal Exchange
• Rhodium and Ruthenium: Johnston Matthey

25. Agreement Binding

When your Offer is accepted by AUCTUS METALS, you are bound by an Agreement to invest in managed portfolios, sell portfolio positions, or acquire Services at market Price and relevant quantities.

26. No Cancellation After Acceptance

No cancellation or variation can be made to an Offer after submission or acceptance.

27. Offer Acceptance Methods

AUCTUS METALS may accept an Offer by:

• Advising of acceptance once account opening form is fully completed
• Issuing an Invoice for Product sales or Service acquisition
• Issuing a Portfolio Confirmation for Product purchases

28. Price Errors

The quoted Price is indicative only and subject to AUCTUS METALS confirmation in the Portfolio Confirmation. AUCTUS METALS reserves the right to correct any errors including Price upon notice. You must accept the corrected Portfolio Confirmation.

29. Third-Party Price Feed Errors

AUCTUS METALS takes no responsibility for price feed errors from third-party sources and reserves the right to correct or amend invoices or Purchase Orders if external feeds are interrupted or malfunction.

30. Error Correction

AUCTUS METALS reserves the right to correct any errors in quotes or Portfolio Confirmations including Price at any time upon notice. You must accept the corrected Portfolio Confirmation.

31. Obvious Error - Rescission

In case of Obvious Error, AUCTUS METALS may rescind any Agreement by notice. Where AUCTUS METALS elects to rescind:

• If the Agreement relates to your investment in managed metals, AUCTUS METALS will refund moneys paid
• If the Agreement relates to your divestment request, you will refund moneys AUCTUS METALS paid you

32. Payment, Shipment, Insurance and Default

The default currency for transactions is United States Dollars. Portfolios are daily revalued in USD for portfolio weightings.

Payment Terms

For investment: Payment must be made in Available Funds prior to portfolio investment in precious metals.

For divestment: AUCTUS METALS will use best endeavors to liquidate positions per Clause 44.

Negative balances: May not appear in accounts due to bank systems beyond AUCTUS METALS control. Investments can only be implemented once funds are in good credit in the corporate bank account.

Storage and management fees: Automatically deducted from your account at each quarter's end.

33. Payment Methods to You

Payment to you is made by methods AUCTUS METALS directs, including Telegraphic Transfer, direct deposit, money order, or direct debit from company account to your nominated bank account.

34. Amounts You Must Pay

You must pay AUCTUS METALS:

• Full purchase Price for any precious metals portfolio investment
• All related fees, commissions and charges
• At rates and currency notified in writing
• Any third-party fees, taxes or charges levied in connection with your Account or Agreement
• Indemnify AUCTUS METALS for liabilities on your physical portfolio in third-party custodial storage and permit liquidation of portfolio portions to pay vaulting provider monies
• Interest (as agreed liquidated damages) on unpaid amounts at the 12-MONTH US$ LIBOR Cash Rate plus 2% per annum from due date until payment

35. Credit Card Processing Fees

If paying by credit card, AUCTUS METALS may charge a processing fee equal to amounts charged by credit card providers. AUCTUS METALS only advises these rates when specifically requested.

36. Default Consequences

If you default on obligations (without limiting AUCTUS METALS other rights):

• Pay a default administrative fee of 1% of the transaction per default
• Indemnify AUCTUS METALS for all Loss from default including hedging loss or resale loss at market price
• AUCTUS METALS may exit all positions, with you indemnifying for resulting Loss
• You irrevocably authorize AUCTUS METALS to debit your Metal Portfolio Account for any such Loss
• AUCTUS METALS may refuse further orders from you

37. Third-Party Payments

AUCTUS METALS may refuse third-party payments unless reasons are advised and accepted. You acknowledge and agree:

• AUCTUS METALS may not verify settlement via third-party payment
• All payments made to AUCTUS METALS are from persons to whom invoices are addressed
• AUCTUS METALS reserves the right to delay delivery if reasons for third-party payment are not advised and accepted
• AUCTUS METALS may exercise absolute discretion under this clause

38. Product Title and Risk

For Products purchased using Segregated Account option, title passes when AUCTUS METALS receives Available Funds and confirms physical metal purchase via Portfolio Confirmation. A vault Deposit Receipt for your sub-account will be provided. Risk passes to your full ownership when product is vaulted. For Singapore Managed Portfolio, title remains with AUCTUS METALS until the client exercises the call option. All Singapore Managed Portfolio account precious metal inventory is separately identified and managed by AUCTUS METALS.

39. Storage Services

AUCTUS METALS offers secured independent third-party custodial vaulting for all portfolio products under a Master Customer Services framework agreement between Malca-Amit and AUCTUS METALS. You agree to this agreement and the following vaulting costs:

Vaulting Charges:

40. Storage Charge Timing

Storage charges for allocated bullion are incurred quarterly from the date your storage order is accepted. AUCTUS METALS issues invoices on March 31, June 30, September 30, and December 31 (or the last Business Day), deducted automatically on invoice date.

41. Vaulting Charge Changes

AUCTUS METALS reserves the right to change vaulting charges with one month's prior notice via email and website posting. All changes are notified on vaulting statements.

42. Storage Offer Conditions

AUCTUS METALS will only accept Offers for allocated or unallocated storage where vault facilities permit and may refuse Services at discretion. Products in vault custody are covered against theft or loss under a general bullion replacement insurance policy. “Collectable” items are limited to bullion replacement value regardless of brand or numismatic value.

43. Client Instructions to No Longer Be Managed

You can terminate your AUCTUS METALS agreement at any time by providing written notice with at least 5 working days' notice, confirming:

• All management, vaulting and other charges to AUCTUS METALS are paid in full
• Your chosen method for physical possession or liquidation

For physical possession: AUCTUS METALS arranges third-party storage release. You arrange pickup at your own account at times convenient to AUCTUS METALS or arrange transfer to another vault.

For liquidation: Request AUCTUS METALS liquidate on your behalf and pay proceeds. Expected timelines for liquidation are:

• Up to 5 working days for Gold and Silver
• Up to 10 working days for Platinum
• Up to 30 working days for Palladium and Rhodium

Prices are fully relayed to clients. Sale prices are typically locked within 24 hours (48 hours for palladium and rhodium) using financial hedges during open markets. Actual fund release follows market clearing timeframes.

For different metal repayment: Request liquidation of portfolio holdings and purchase specified metal at market price for pickup or transfer.

44. Portfolio Sale

Where AUCTUS METALS stores your Product and you wish to sell all or part of your portfolio, AUCTUS METALS facilitates third-party sales at the best possible price using extensive wholesale networks.

45. Custodial Service Audits and Independent Audits

AUCTUS METALS third-party custodial vaulting agent conducts regular quarterly audits of metals held, with results communicated to you.

AUCTUS METALS employs independent auditing companies to conduct full audits of clients' fully segregated vaulted accounts every 12 months. Full results are posted to clients.

46. Vaulting

AUCTUS METALS has no ownership title over Products in solely-segregated vaulting. You are represented for administrative purposes as a sub-account of AUCTUS METALS. You are guaranteed full 100% client title.

47. Power of Attorney for Portfolio Management

To manage precious metals allocations per algorithms, solely-segregated vaulted account clients must sign an attached power of attorney conferring rights to AUCTUS METALS to buy and sell precious metals (swap metals of same value) on your behalf and instruct the third-party vaulting business to release and receive metals for portfolio reweighting. This Power of Attorney can be revoked at any time provided all agreed fees are paid, enabling you to control your metals. This Power of Attorney MUST be signed when signing opening documents so AUCTUS METALS can provide it to the third-party vaulting company.

48. Your Commitments, Agreements and Acknowledgements

You warrant, represent and acknowledge to AUCTUS METALS (which AUCTUS METALS has relied on):

• All information in your Account application is complete, accurate, correct and not misleading
• AUCTUS METALS may rely on that information unless receiving written notice of changes signed by you. Varied information is covered by this warranty
• You have full capacity, power and are properly authorized to enter obligations and exercise rights
• If you are a trust or superannuation fund trustee, the transaction is for the beneficiary and you have full indemnification rights from trust or fund assets
• During dealings with AUCTUS METALS, you will meet all commitments and obligations
• AUCTUS METALS does not give personalized advice or make personalized recommendations. You have assessed the transaction against your financial situation, objectives and needs
• You will notify AUCTUS METALS immediately of errors or omissions in your details or Account in writing
• You have not disclosed any purpose for Products or Services to AUCTUS METALS and are solely responsible for ensuring suitability

49. Your Agreements

You agree:

• To provide AUCTUS METALS accurate, true and current information and maintain it
• You are responsible for maintaining password and Account confidentiality and monitoring Account activities
• To notify AUCTUS METALS immediately of unauthorized password use or security breaches
• AUCTUS METALS is not responsible for third-party information reliability, completeness or accuracy
• AUCTUS METALS may rely on Authorised Agent instructions until receiving written revocation notice
• AUCTUS METALS has the right to correct trading or administrative errors including reversing or cancelling Invoices or Purchase Orders without consent or liability
• AUCTUS METALS reserves the right to suspend trading or delay order fulfillment during high market volatility or fast-moving conditions
• Any delivery or service provision period or date is an estimate only and AUCTUS METALS is not bound to meet it
• If AUCTUS METALS cannot provide Services by estimated dates, they will be provided within reasonable timeframes
• AUCTUS METALS information including website information is indicative only. AUCTUS METALS does not warrant accuracy and you should not rely on it

50. Your Instructions

All instructions are subject to law and these Terms.

It is your responsibility ensuring all instructions (by you or Authorised Agents) comply with law and these Terms.

If AUCTUS METALS reasonably considers it in their interest, they may decline to act without explanation or notice where they:

• Believe the transaction results in no beneficial ownership change
• Believe instructions are ambiguous, incomplete or unclear
• Have suspended or cancelled your Account

51. Termination of Agreement as Consequence of Default

If you don't comply with essential obligations, AUCTUS METALS may terminate an Agreement by serving termination notice.

For these Terms and Agreements where you acquire Product or Services:

• Obligations to pay Price for Product/Services or other moneys are deemed essential obligations
• Other obligations are deemed essential if unremedied for seven days from AUCTUS METALS breach notice

52. Post-Termination Actions

After termination, AUCTUS METALS may hold money paid as security for anything recoverable under these Terms and/or enforce other rights at law or equity.

53. Liability

Except to statutory exclusion extent:

• These Terms and Agreements don't include other terms, conditions or warranties by implication regarding quality, merchantability, acceptability, fitness, condition, description, assembly, manufacture, design or performance. AUCTUS METALS disclaims all such conditions and warranties
• AUCTUS METALS are not responsible for any Loss from any AUCTUS METALS dealing or transaction
• You release AUCTUS METALS and directors, employees, contractors and agents from any Loss obligation or liability in AUCTUS METALS connections dealings
• To statutory limitation extent, AUCTUS METALS liability for statutory condition or warranty breach is limited to resupplying Products/Services, payment for resupply costs, repair or other relevant remedies
• If preceding sub-clauses don't apply, AUCTUS METALS total Loss liability for all causes is limited to market sale price of Products. AUCTUS METALS is not liable for incidental, consequential, exemplary or punitive damages (including profit, revenue or opportunity loss)

54. Third-Party Liability

AUCTUS METALS are not liable for any Loss arising from Product sale, use, storage or other third-party dealings.

55. System Operation Liability

AUCTUS METALS are not liable for Loss from system, device or service operation (including delays and errors), breakdowns, disruptions or malfunctions. You are liable for all Loss from Product use, possession or dealings (including financial situation changes).

56. Estimated Date Non-Performance

AUCTUS METALS is not liable for Loss from estimated date failure to meet.

57. Variation

AUCTUS METALS may vary these Terms and variations apply to all dealings from the variation effective day. Variation notice is sent to clients in full.

58. Notice

Notice, requests, demands or other communications may be sent to your last notified postal or electronic address. Communications are received if sent by prepaid letter on the Business Day following posting and if sent by facsimile or electronic means upon transmission.

59. Assignment

You must not assign rights under any Agreement or these Terms without AUCTUS METALS prior written consent.

60. Other

These Terms are governed by Singapore laws and Singapore Courts have non-exclusive dispute jurisdiction.

If multiple persons are the Account Holder, they are jointly and severally bound. AUCTUS METALS may act on any person's instructions unless otherwise specified on the Account application form.

AUCTUS METALS failure to insist on strict performance at any time doesn't constitute waiver of later strict performance insistence.

No Terms provision granting AUCTUS METALS rights merges from Product/Service supply, payment or Agreement completion or termination.

If AUCTUS METALS performance is prevented, restricted or affected by force majeure (including strike, lockout, raw material shortage, plant/transport/equipment breakdown or other causes beyond reasonable control), they will notice you. After 7 days from receipt, AUCTUS METALS may terminate or rescind any Agreement without Loss obligation.

If whole or any Agreement or Terms provision is void, unenforceable or illegal, the remainder has full force. Void/unenforceable/illegal provisions, if replaceable, are replaced by similar commercial and legal context provisions.

These Terms replace any prior arrangements between you and AUCTUS METALS. Prior arrangement obligations are treated as if entered under these Terms.

You authorize AUCTUS METALS to record telephone conversations with or without audible tone warning.

You authorize AUCTUS METALS to appropriate any credits, payments and receipts from you or your Account against amounts due or owing in such manner and order as AUCTUS METALS thinks fit.

61. Verification, Confidentiality and Privacy

To law-required extent, AUCTUS METALS may collect Your Information and verify identity before trading. By website use, Account opening or AUCTUS METALS use, you agree to:

• AUCTUS METALS collects Your Information only by lawful and fair means
• AUCTUS METALS may collect Your Information from third parties including credit reporting agencies, law enforcement, government entities and identity verification providers
• AUCTUS METALS collects, holds, uses and discloses Your Information for purposes including: account opening; product and service provision; performing your and your obligations; communication about Products and Services; credit information file maintenance and credit assessment; establishing your bona fides; investigating suspected unlawful, fraudulent or other improper activity connected with product and service use
• By Account opening and providing Your Information, you consent to Your Information use by AUCTUS METALS
• AUCTUS METALS may only disclose Your Information to third parties including: our contractors and external service providers associated with business operation if essential
• AUCTUS METALS will take all reasonable steps to fully protect Your Information and ensure accuracy, completeness and currency