Strategic Wealth Preservation (SWP)

Terms & Conditions

1. Confirming a Price

1.1 Customer Purchase Transactions

A price is confirmed at the time Strategic Wealth Preservation (SWP) provides a Confirmed Trade Confirmation to a Customer for the purchase of Precious Metal Bullion (online, by email, by telephone or in person). Should a Customer cancel a Customer Purchase Transaction after it has been submitted, the Customer may be liable for market loss repayments and administrative fees.

Subject to the conditions below, the price at the time a transaction is submitted will be confirmed, regardless of market fluctuations.

1.2. Transactions with a value greater than $100,000

Customers who have Transactions with a total value that is greater than $100,000 may be required to provide a 5% deposit of the total value of the Transaction in cleared funds with Strategic Wealth Preservation (SWP) in order to confirm a transaction purchase price.

1.3 Transactions with a value greater than $1,000,000

Customers who have Transactions with a total value that is greater than $1,000,000 may be required to provide a 25% deposit of the total value of Transactions in cleared funds with Strategic Wealth Preservation (SWP) in order to confirm a transaction purchase price.

1.4 Confirming a Price for Customer Sale Transactions

A price is confirmed at the time Strategic Wealth Preservation (SWP) provides a Confirmed Trade Confirmation to a Customer for the sale of Precious Metal Bullion (online, by email, by telephone or in person). Should a Customer choose to send Precious Metal Bullion to Strategic Wealth Preservation (SWP) along with a packing slip without confirming a price, their transaction will be completed at the market price once the package is received and processed. Should a Customer cancel a Customer Sale Transaction after it has been submitted, the Customer may be liable for market loss repayments and administrative fees.

For Customer Sale Transactions where the Customer has chosen to confirm a price prior to sending Strategic Wealth Preservation (SWP) the Precious Metal Bullion, Strategic Wealth Preservation (SWP) guarantees the confirmed price on the packing slip created only when the Customer package is postmarked within two (2) Business Day of the date the order is submitted and must be received within ten (10) Business Days. 

Should the amount or type of Precious Metal Bullion received by Strategic Wealth Preservation (SWP) differ from what was originally submitted by the Customer, said deficit amount will be treated as a cancellation and market loss repayments and administrative fees will apply. If the Customer sends other products in addition to those initially submitted, Customer will be contacted by Strategic Wealth Preservation (SWP) to confirm a price for the additional products. 

2. Payment and Funds on Account

2.1 Acceptable Methods of Payment and Adding Funds to a Strategic Wealth Preservation (SWP) Account

At any one time, payment can be made and funds can be added to an account using only one method in addition to funds on account. Multiple bank wires or checks sent at the same time will not be accepted. 

Strategic Wealth Preservation (SWP) may refuse payments or funds (in any form whatsoever) received from an individual or from an entity that is not the named account owner. Furthermore, Strategic Wealth Preservation (SWP) may request additional documentation before such payment or funds are applied to Customer’s account.

Strategic Wealth Preservation (SWP) accepts the following as methods of payment:

Orders below $2,500

Cash, Certified Check, Bank Draft, Bill Payment, Bank Wire, ACH, Bitcoin

Orders above $2,500

Bill Payment, Bank Wire, ACH, Bitcoin

Certified check, Cashier’s check, Bank Draft, Teller Check, Official Check may be subject to a holding period of up to fifteen (15) Business Days from the date of receipt to ensure clearance.

Personal and business checks may be accepted on an exceptional basis at the discretion of Strategic Wealth Preservation (SWP) and will be subject to a holding period of fifteen (15) Business Days from the date of receipt to ensure clearance.

2.2 Payment Deadlines - Customer Purchase Transactions

Payments must be received by Strategic Wealth Preservation (SWP) no later than three (3) Business Days from the date on which a transaction is confirmed.

If Strategic Wealth Preservation (SWP) does not receive payment within the deadline specified above, Strategic Wealth Preservation (SWP) reserves the right to cancel the transaction and the Customer will be liable for market loss repayments and other fees.

2.3 Bank Wires

Strategic Wealth Preservation (SWP)’s bank wire information is made available to the Customer upon request. Bank wire transfers must always reference the Customer’s Strategic Wealth Preservation (SWP) account for funds to be properly applied to said account.

2.4 International Bank Wires

International bank wires may be subject to correspondent bank fees that are deducted while a wire is in transit. As Strategic Wealth Preservation (SWP)’s bank is simply the recipient bank, it is impossible to determine the fees that may be deducted by any correspondent banks. Strategic Wealth Preservation (SWP) highly recommends that all Customers sending funds from a bank outside the United States and Canada include an additional amount on their bank wire to accommodate for any fees that may be deducted by a correspondent bank. The Customer should confirm with their banking institution the exact amount that may need to be included in the wire to cover all fees that may be deducted. Strategic Wealth Preservation (SWP) will always credit the entire amount it receives to the Customer’s account. Should no fees be deducted, the entire bank wire amount will be credited to the Customer’s account. Customers may also request confirmation of any correspondent bank fees upon initiation of a bank wire. Strategic Wealth Preservation (SWP) suggests Customers contact their banking institution for further clarification.

3. Proceeds from Customer Sale Transactions or Scrap Metal Transactions

Settlement options for Customer Sale Transactions are as follows:

  • Check by regular mail (CAD and USD transactions only): $25.00 service fee
  • Check by express courier (CAD and USD transactions only): $75.00 service fees
  • Bank wire: $50.00 service fee
  • Deposit to Strategic Wealth Preservation (SWP) Account: no service fee
  • Conversion to Precious Metal Bullion products normally carried by Strategic Wealth Preservation (SWP): service fees may apply

Once a payment option has been selected or if the option to convert to Strategic Wealth Preservation (SWP) Account has been chosen, it cannot be altered for any reason.

Processing and settlement for Customer Sale Transactions may take three (3) Business Days from receipt of Precious Metal Bullion into Strategic Wealth Preservation (SWP)'s account. However, note that settlement time may vary due to statutory and bank holidays, increased market activity or size of the transaction.

Due to anti-money laundering legislation in the Cayman Islands, Strategic Wealth Preservation (SWP) cannot forward the proceeds from any Customer Sale Transaction to an individual or entity who is not a designated account owner. Any payment from a Customer Sale Transaction in a Business Account can be made in the business name only. For Sole Proprietorships, payment can be made in the business name or the sole proprietor’s name, provided proper authorization documentation has been received by Strategic Wealth Preservation (SWP). Note that for any single transaction, payment can be made by only one method in addition to funds on account.

4. Transaction Cancellations

When cancelling a transaction, market loss repayments may apply, as a submitted transaction constitutes a binding agreement between Strategic Wealth Preservation (SWP) and the Customer. Applicable market loss repayments will be determined based on the following:

4.1 Customer Purchase Transactions

In the event a Customer Purchase Transaction is cancelled (whether by the Customer or by Strategic Wealth Preservation (SWP) for failure to receive payment in full within payment deadlines, as stipulated above), market loss repayments may be applicable. This fee is calculated based on whether there has been a decrease in the price of the Precious Metals (market loss) from the time the price is confirmed for a submitted transaction to the time a transaction is cancelled. 

For Customer Purchase Transactions cancelled by Strategic Wealth Preservation (SWP) due to non-payment, market loss repayments will be calculated using the last available price fixing published by the London Bullion Market Association on the day that the payment deadline expires.  

For Customer Purchase Transactions which are cancelled by the Customer, market loss repayments will be calculated using Strategic Wealth Preservation (SWP)’s live spot price at the time a cancellation request is submitted.

4.2 Decrease in Price of Precious Metals

In the event of a decrease in the price of Precious Metals, the market loss repayment will be equivalent to the difference between the original value of the Customer Purchase Transaction and its value at the time of cancellation. 

4.3 Increase in Price of Precious Metals

In the event of an increase in the price of Precious Metals, no market loss repayment will be applicable.

5. Customer Sale Transactions 

In the event a Customer Sale Transaction is cancelled, whether by the Customer or by Strategic Wealth Preservation (SWP), market loss repayments may be applicable. This fee is calculated based on whether there has been an increase in the price of Precious Metals from the time a transaction is submitted and the price confirmed to the time a transaction is cancelled. 

Customer Sale Transactions for Precious Metal Bullion will be cancelled in ten (10) Business Days, if product is not received by Strategic Wealth Preservation (SWP). Customer must expedite shipment of any product included in their Customer Sale Transaction or their Scrap Metal Transaction within two (2) Business Day of the date the price is confirmed.

For Customer Sale Transactions cancelled by Strategic Wealth Preservation (SWP), market loss repayments will be calculated using the last available price fixing published by the London Bullion Market Association on the day that the deadline for receiving Precious Metal Bullion or Scrap Metal expires.  

For Customer Sale Transactions which are cancelled by the Customer, market loss repayments will be calculated using Strategic Wealth Preservation (SWP)’s live spot price at the time a cancellation request is submitted.

5.1 Increase in Price of Precious Metals

In the event of an increase in the price of Precious Metals, the market loss repayment will be equivalent to the difference between the original value of the Customer Sale Transaction its value at the time of cancellation.

5.2 Decrease in Price of Precious Metals

In the event of a decrease in the price of Precious Metals, no market loss repayment will be applicable.

6. Cancellation at the Customer’s Request

Transactions may be cancelled at the Customer’s request, provided payment has not been received or settlement has not been issued in full. Should the Customer request a cancellation, the above cancellation policy will be considered in effect. Fees will be calculated based on Strategic Wealth Preservation (SWP)’s live spot price at the time a cancellation request is submitted. 

6.1 Materials Sent Different From Those for Which Prices Were Confirmed

Should the amount or product received by Strategic Wealth Preservation (SWP) differ from that for which prices were confirmed by Customer, any deficit amount will be treated as a cancellation and the above cancellation policy will be considered in effect. Market loss repayments will be calculated using the last available price fixing published by the London Bullion Market Association on the day the deficit is discovered. 

6.2 Increase in Price of Precious Metals

In the event of an increase in the price of Precious Metals, the market loss repayment will be equivalent to the difference between the original confirmed price of the Customer Sale Transaction and the price on the date the deficit is discovered by Strategic Wealth Preservation (SWP), multiplied by the number of pure ounces of which the Customer’s package was deficient.

6.3 Decrease in Price of Precious Metals

In the event of a decrease in the price of Precious Metals, no market loss repayment will be applicable.

7. Unauthorized Sale Transaction Request

In the event that a Customer Sale Transaction is initiated when the Customer did not request the transaction, the Customer must notify Strategic Wealth Preservation (SWP) immediately upon being made aware of the request so that Strategic Wealth Preservation (SWP) may begin examination of the claim without delay. In the event that Strategic Wealth Preservation (SWP) determines that the Customer Sale Transaction was unauthorized, the market loss repayments will be waived.

8. Fees

The following section outlines all fees that Strategic Wealth Preservation (SWP) may charge the Customer in relation to Precious Metal Bullion, Strategic Wealth Preservation (SWP) Account products and Scrap Metal Transactions. All fees stated are in US Dollars. 

8.1 Administrative Fees

Returned Check

An administrative fee of $35.00, will be charged to Customer if a check (of any kind), bank draft or money order that Customer has sent to Strategic Wealth Preservation (SWP) has been returned. This includes, but is not limited to, checks returned due to fraud, NSF (Non Sufficient Funds) in Customer’s account, ACL (Account Closed) or CNT (Cannot Trace).

Transaction Cancellations

In addition to applicable market loss repayments, transactions cancelled will be subject to an administrative fee of $50.00.

Undeliverable Packages

An administrative fee of $50.00, will be charged to Customer in the event that Customer’s Precious Metal Bullion is bought back by Strategic Wealth Preservation (SWP) as a result of said Precious Metal Bullion being returned as undeliverable.

Fabrication Fees

The Customer may request a conversion from their Strategic Wealth Preservation (SWP) Account to any corresponding Precious Metal Bullion product. In these cases a fabrication fee may be applicable. Said fee may vary, depending on the physical product the Customer requests. 

Shipping and Insurance Fees

Should the Customer request that Strategic Wealth Preservation (SWP) arrange for shipping or delivery of Precious Metal Bullion or should the Customer request or Strategic Wealth Preservation (SWP) be required to return any Precious Metal Bullion back to the Customer, shipping and insurance fees will be applicable. Quotes for shipping and insurance fees will be provided during the transaction process based on the value of the shipment, the type of products being shipped, the shipping method and the shipping destination. Taxes may apply to shipping and insurance fees.

All shipments prepared by Customer for delivery to Strategic Wealth Preservation (SWP) must be properly packaged and labeled in order to accelerate processing times and ensure the safe arrival of Customer packages. Detailed shipping and packaging instructions will be provided by Strategic Wealth Preservation (SWP). Failure to properly package and label shipments sent to Strategic Wealth Preservation (SWP) may result in the insurer rendering insurance coverage void.

Large Shipments

For certain large shipments, standard shipping and insurance rates may not apply. Large shipments may include (without limitation) orders over $100,000. in value, order containing 100 oz / 400 oz gold bars, or orders over 700 oz in total weight. For large shipments, a quote for shipping and insurance fees will be provided by Strategic Wealth Preservation (SWP) on a case-by-case basis.

Furthermore, Strategic Wealth Preservation (SWP) may recommend or require shipment via armored vehicle, which will require delivery to a business, bank, or depository service. If applicable, the Customer is responsible for all shipping and insurance costs for armored vehicle service. For further details, please contact Strategic Wealth Preservation (SWP).

Taxes and Duties

Should the Customer request delivery of Precious Metal Bullion or should any package be returned to a location outside the United States or Canada, taxes and duties, including Value Added Taxes (VATs), may be applicable, depending on the country of import. The Customer, in agreeing to these Terms and Conditions, acknowledges that any taxes or duties, including VATs, will be the sole responsibility of the Customer and Strategic Wealth Preservation (SWP) will not be held liable for any fees.

Sales Tax

All fees quoted herein and on Strategic Wealth Preservation (SWP)’s Online Store are exclusive of sales tax. Taxes may apply on some transactions. For more information, please contact Strategic Wealth Preservation (SWP).

Exchange Policy

Customer may ask for the exchange of any Precious Metal Bullion products purchased from Strategic Wealth Preservation (SWP) in the event that the Customer is unsatisfied with said products. Customer must notify Strategic Wealth Preservation (SWP) of their desire to exchange their product(s) within three (3) Business Days of having received said product(s) from Strategic Wealth Preservation (SWP). Products must be returned in their original packaging and all shipping and insurance costs shall be at the expense of the Customer.

All requests for exchange are subject to Strategic Wealth Preservation (SWP)’s approval and Strategic Wealth Preservation (SWP) reserves the right to reject a Customer’s request for exchange for any reason including, without limitation, lack of availability of the Precious Metal Bullion product(s) in question. Additional costs may be applicable in case of an exchange for a product with a higher premium. 

9. Strategic Wealth Preservation (SWP) Storage 

All Stored Items shall be held by Strategic Wealth Preservation (SWP) and shall remain the property of the Customer at all times. Strategic Wealth Preservation (SWP) shall cause Stored Items to be specifically identified and physically segregated at all times from coin, bullion, metals and other items in any form whatsoever belonging to anyone other than the Customer. For more detail, please refer to the SWP General Storage Agreement, available upon request.

11. Advice

Strategic Wealth Preservation (SWP) has not offered or given and will not provide any investment advice in connection with any transaction and has not offered or given any opinion with respect to the suitability of any transaction made or which might be made by the Customer.

The Customer warrants that Strategic Wealth Preservation (SWP) has not offered or given any investment advice to Customer in connection with the products and services offered by Strategic Wealth Preservation (SWP). In addition, Strategic Wealth Preservation (SWP) has not given Customer any opinion with respect to the suitability of any of its products or services for Customer.

12. Market Risk

Customers should carefully consider the suitability of Precious Metals as an investment choice before taking any decisions that may affect their financial situation. 

The purchase and sale of Precious Metals involves a high degree of risk and is not suitable for all persons. The purchase and sale of Precious Metals provides no guarantee of interest, yield or return. Losses may be incurred both as a result of price devaluation and if price gains do not exceed applicable fees, including those charged herein. The Customer has read and understands these Terms and Conditions and acknowledges that all risk of decline in the market value of any Precious Metals is the Customer’s risk and not that of Strategic Wealth Preservation (SWP). If the Customer has any doubt as to the suitability of Precious Metals as an investment, the Customer should contact an independent legal or financial advisor.

13. Strategic Wealth Preservation (SWP)’s Rights

Strategic Wealth Preservation (SWP) hereby reserves the following rights and the Customer acknowledges and agrees to the following:

  • Strategic Wealth Preservation (SWP) may adjust ASK and BID prices at any time without prior notice.
  • Strategic Wealth Preservation (SWP) may withdraw or limit the products or services provided by telephone, in person and on Strategic Wealth Preservation (SWP)’s Online Store, or may suspend the availability of Strategic Wealth Preservation (SWP)’s Online Store, or suspend the completion of transactions submitted to Strategic Wealth Preservation (SWP), without notice at any time.
  • Strategic Wealth Preservation (SWP) may cancel or reject any order at any time.
  • Strategic Wealth Preservation (SWP) may place limits on the amounts that may be offered for sale or the amounts that may be bought back by Strategic Wealth Preservation (SWP) in any twenty-four (24) hour period.
  • Strategic Wealth Preservation (SWP) may terminate this Agreement at its sole discretion and may freeze an account or liquidate and close an account at any time for any reason including but not limited to the abuse of policy, criminal activity, circumvention of Strategic Wealth Preservation (SWP)’s web security services, and any other violation of these Terms and Conditions. If the Customer has Strategic Wealth Preservation (SWP) Account, Strategic Wealth Preservation (SWP) will close the Customer’s Strategic Wealth Preservation (SWP) account and liquidate any Strategic Wealth Preservation (SWP) Account holdings and send the Customer a check or bank wire.

14. Limitation of Liability

Strategic Wealth Preservation (SWP) hereby reserves the following rights and the Customer acknowledges and agrees to the following:

Strategic Wealth Preservation (SWP) does not report any Customer transactions to the Internal Revenue Service, the Canada Revenue Agency or any other tax authority; however, the purchase or sale of Precious Metals may be considered reportable as taxable income. It is the Customer’s responsibility to contact a financial advisor for further information. Strategic Wealth Preservation (SWP) will not be held liable for any capital gains or tax implications due to the purchase or sale of precious metals by the Customer.

15. Technical Issues

15.1 Negligence

All orders placed through the order entry system are taken on a best efforts basis. Strategic Wealth Preservation (SWP) shall not be responsible for errors, negligence or inability to execute orders. Nor shall Strategic Wealth Preservation (SWP) be responsible for any delays in the transmission, delivery or execution of Customer's order due to breakdown or failure of transmission or communication facilities, or to any other cause or causes beyond Strategic Wealth Preservation (SWP)'s reasonable control or anticipation.

15.2 Possible System Failure

Order entry systems have been designed to provide an efficient and dependable method for entering orders. Commercial Internet service providers are not 100% reliable and a failure by one or more of these providers may affect Internet based order entry. The Customer acknowledges that the order entry system is a mechanical system and as such may be subject to failure beyond the control of Strategic Wealth Preservation (SWP).

15.3 Internet Security

We highly recommend that Customers not include private and sensitive information in e-mails to Strategic Wealth Preservation (SWP), including, but not limited to, account numbers, balances, passwords, Electronic Identification Information, etc. Strategic Wealth Preservation (SWP) will not be held liable for any damages suffered by Customers should they transmit confidential or sensitive information to us through e-mail.

Information provided on Strategic Wealth Preservation (SWP)’s website is not intended to provide legal, accounting, or tax advice, and should not be relied upon in that regard. Strategic Wealth Preservation (SWP) is not responsible in any manner for direct, indirect, special or consequential damages howsoever caused, arising out of the use of its website.

16. Indemnification

Except as otherwise expressly provided, Strategic Wealth Preservation (SWP) shall not be liable for any loss or damage, whether direct or indirect, resulting from the transactions contemplated by these Terms and Conditions.

Strategic Wealth Preservation (SWP) shall not be liable under any circumstances whatsoever for special, incidental, consequential, indirect or punitive losses or damages (including lost profits or lost savings), whether or not caused by the fault or neglect of Strategic Wealth Preservation (SWP) and whether or not Strategic Wealth Preservation (SWP) had knowledge that such losses or damages might be incurred.

The limitations and exclusions in this clause shall apply to all claims of whatsoever nature, kind and description, whether arising from breach of contract, delay or non-delivery of services, negligence or otherwise.

17. Force Majeure

Strategic Wealth Preservation (SWP) shall not be liable for any failure to perform its obligations hereunder due to fire, computer viruses, network failure, computer hardware failure, explosion, flood, lightning, act of terrorism, war, rebellion, riot, sabotage, orders or requests of any government or any other authority, legislative changes, strikes, lockouts or other labor disputes, or events or circumstances beyond its reasonable control, but Strategic Wealth Preservation (SWP) shall use commercially reasonable endeavors to minimize dangers or losses to the Customer as a consequence of such events.

18. Joint Accounts

For joint accounts with Strategic Wealth Preservation (SWP), Strategic Wealth Preservation (SWP) is authorized to act on the instructions of either one of the named Customers, without further enquiry with regard to any and all transactions in any way related to the joint account and the disposition, transfer, deposit or withdrawal of any amount or of any or all of the funds or Strategic Wealth Preservation (SWP) Account held in the joint account. Strategic Wealth Preservation (SWP) shall have no responsibility or obligation for further enquiry into such apparent authority and shall bear no liability and disclaims all responsibility for the consequences of any acts or omissions made in reliance upon such instructions.

19. Customer Obligation and Liability

19.1 Ownership and Authority

Customer hereby warrants that it is either the owner or the authorized agent of the owner of any Precious Metal Bullion sent or brought to Strategic Wealth Preservation (SWP) for the purpose of a Customer Sale Transaction. Customer further warrants that it is authorized to accept and is accepting the terms of this Agreement not only for itself but also as agent for or on behalf of all other parties who have or may hereafter have any interest in said Precious Metal Bullion.

19.2 Compliance and Due Diligence

The Customer is responsible for complying with all laws of the jurisdiction from which the Customer accesses the Strategic Wealth Preservation (SWP) Website or receives the services described herein, and the Customer shall at all times be solely responsible for obtaining any authorizations required by any authoritative body in such jurisdiction.

The Customer has carried out reasonable due diligence to ensure that the purchase and sale of Precious Metals as provided under these Terms and Conditions is not contrary to any laws or regulations of the Customer’s governing jurisdiction, and that the acceptance of these Terms and Conditions by the Customer and the entering into of a Customer Purchase Transaction or Customer Sale Transaction or Scrap Metal Transaction is not contrary to any federal, provincial, state or any other law or regulation applicable to the Customer.

19.3 Notification

If a Customer believes that any transaction or balance recorded in their account is incorrect, the Customer must contact Strategic Wealth Preservation (SWP) immediately to notify Strategic Wealth Preservation (SWP) of suspected unauthorized use of Customer’s Electronic Identification Information. Customers are responsible for ensuring the accuracy of the information displayed in their account, howsoever accessed. Strategic Wealth Preservation (SWP) will not be held liable should a Customer fail to disclose any unauthorized use of Electronic Identification Information and Customer’s Strategic Wealth Preservation (SWP) accounts.

19.4 Intellectual Property, Trademarks, Logos

All of the intellectual property rights including without limitation trademarks, service marks, trade names, copyright and other rights used or embodied in this website are and will remain the sole property of Strategic Wealth Preservation (SWP) (or its suppliers where applicable).

All information and material supplied by Strategic Wealth Preservation (SWP), constitutes part of Strategic Wealth Preservation (SWP)'s confidential and proprietary information and no Customer participating in any of its programs may reproduce, copy or disclose such information without the prior written consent of Strategic Wealth Preservation (SWP).

No party accessing this website may attempt to tamper with, modify, reverse engineer, gain unauthorized access to, or in any way alter any software used in Strategic Wealth Preservation (SWP)’s programs or comprising Strategic Wealth Preservation (SWP)’s website.

20. Miscellaneous

20.1 Insolvency

In the event: (i) that a receiver or trustee is appointed in respect of the property and assets of the Customer as a result of the latter’s insolvency or bankruptcy, and (ii) that Strategic Wealth Preservation (SWP) is requested by the receiver or trustee to remit any Customer holdings, the receiver or trustee will direct any Customer holding liquidation requests to Strategic Wealth Preservation (SWP). Any inquiries by the said trustee or receiver regarding the present Agreement between the Customer and Strategic Wealth Preservation (SWP) shall be directed to Strategic Wealth Preservation (SWP).

20.2 Death of Customer

Individual Account

In the event of Customer death, Strategic Wealth Preservation (SWP) will require full documentation of the Customer’s estate, including a copy of a death certificate, will or trust documentation, and any probate information if applicable. Upon confirmation of a Customer death, Strategic Wealth Preservation (SWP) will freeze the Customer’s account and act in accordance with the conditions set out in the Customer’s will, or as instructed by the trustee of the Customer’s estate. It is the sole responsibility of the Customer to ensure that such documentation will be provided for in the event of death.

Joint Account

In the event of death of any one of the named Customers, the deceased Customer’s interest in the Account will pass automatically to the surviving Customer.

It is agreed that in the event of death of one of the named Customers, the surviving Customer shall immediately give Strategic Wealth Preservation (SWP) written notice thereof, and Strategic Wealth Preservation (SWP) may require such papers, retain such portion and/or take any measures it deems advisable, including restricting transactions or liquidating the joint account, to protect itself against any tax, liability, penalty or loss under any applicable laws. The estate of the deceased Customer and the surviving Customer shall continue to be liable, jointly and severally, to Strategic Wealth Preservation (SWP) for any obligation incurred prior to Strategic Wealth Preservation (SWP)’s receipt of written notice of the death of such Customer or for any loss, damage or costs incurred by Strategic Wealth Preservation (SWP), including reasonable attorney fees, in any dispute between the estate of a deceased Customer, the surviving Customer or a third party.

21. Changes to Terms and Conditions

Strategic Wealth Preservation (SWP) reserves the right to amend these Terms and Conditions, any applicable fees and charges, or any services, rights or obligations provided for herein at its sole discretion, at any time, without prior notice to the Customer. Acceptance of these Terms and Conditions is limited to the acknowledged transaction and is not applicable to any future transactions. The Customer will be responsible for accepting the Terms and Conditions for every subsequent transaction.

22. Applicable Law

This Agreement shall be construed in accordance with and governed by the laws of the Cayman Islands applicable therein. The Parties hereby irrevocably submit to the non-exclusive jurisdiction of the Courts of the Cayman Islands in respect of all matters or disputes arising from the Agreement, except as otherwise specifically stated herein.

23. Binding Effect

This Agreement is binding upon the parties hereto and their respective successors, heirs, legal representative and permitted assigns.

24. Severability

In the event that any provision in this Agreement is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of this Agreement.

25. Language

The parties hereto have expressly required that this agreement and all deeds, documents or notices relating thereto be executed in the English language.  

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