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Investment Application Agreement
This Investment Application Agreement is between you (“you” and “your” mean you and each and every other Investor or Investors who apply for investing) and Asabik LLC (“we,” “us,” “our,” and “Asabik”). Asabik is not involved on any investment opportunities, we are only helping small businesses (the Company) applying for fund by connecting them to potential investors. If the funding application resulted in a fund, then the funding terms and conditions is set between the Company and the Investor. The Asabik marketplace is an online investment platform (the “Platform”) operated by Asabik.
If you apply for investment opportunities using our Platform, and if that request results in approved investment fund, then your investment will be governed by the terms of this Investment Application Agreement and the Fund Agreement between you and the Company, which is noted to this Investment Application Agreement as Exhibit 1 (the “Fund Agreement”), as may be revised from time to time. The version of the Investment Application Agreement in effect when you make an investment registration will apply to any investment fund made in response to any decision made by you for investment, and any fund invested would be governed by the version of the Fund Agreement then in effect. By consenting to this Investment Application Agreement, you will also need to agree to the Fund Agreement between you and the Company you decided to invest in and authorizing us to complete your application as necessary to facilitate your investment request. This Investment Application Agreement will terminate if your investment application is cancelled, withdrawn, or declined.
No modification, variation or waiver of this Agreement or any part thereof shall be valid unless made in writing, clearly expressed to be a modification, variation or waiver, and signed by duly authorized representative of each party.
BY ELECTRONICALLY SIGNING THIS APPLICATION AGREEMENT, YOU HAVE SIGNIFIED YOUR AGREEMENT TO THESE TERMS.
You would make your investment payment by electronic fund transfer from an account that you designate using an automated clearinghouse (ACH).
If you close your account or if your account changes or is otherwise inaccessible, you will notify us at least three (3) business days prior to any such closure, change or inaccessibility of your account.
In connection with any investment application, you make on the Platform, you represent and warrant that you are the owner of the bank account(s) that you designate for electronic transfers of funds and have authority to direct that fund payments be made from such account. You acknowledge your designated account(s) will be the account(s) into which monthly payback payments will be deposited.
You acknowledge that you are an adult who on his own is willing to take the risk of investing on funding a business. You understood that your investment has the potential of partial or entire loss of the fund you invested. You agreed that you have selected the Company to invest in on your own and you have decided on your own free will to invest. You agree that you have done the due diligence when invested and you understood the Company you have invested in is subject to bankruptcy and your investment can be lost entirely. You acknowledge that you have signed agreement separately with the Company you have invested your money in and any attempt to recover your losses can be done between you and the Company you invested in. You acknowledge that you will not hold Asabik any responsibility for your loss. If you decided to get your investment secured by a mean of asset collateral than you may contact the Company you are about to invest in before signing the Fund Investment Agreement with that Company, and have any secure collateral documented between you and that Company. Asabik will be held no responsibility for your loss, but we can assist with recovery of the money you invested in by giving any info is required by collection agency you may appoint if proved the Company is fraud or negligence on operating their business or mismanaged your investment.
| Name | Fees | Frequency | Details |
| ACH Return | $10 | Per occurrence | If Automated Clearing House (“ACH”) transfers or checks are rejected or returned for any reason, or fail due to insufficient funds in your bank account, then we may charge this fee. Each attempt to collect investment payment is considered a separate transaction, so an ACH return or check refund fee will be assessed for each failed attempt |
| Registration Fee | $0 | One time | This is a one-time fee and is non-refundable. It is free and this might change in the future. |
You confirm that the source of money that will be invested is legal and earned ethically, the source of this money is in line with our moral principles and code of ethics. (ie the money is not earned from sell of ethically prohibited item like tobacco or product or services that are not in line with our core values).
You expressly consent and agree to receive communications from us, our affiliates, regarding any investment or account application that you submit or attempt to submit to us, any fund that you invested through us, and any account that you establish with us, at any telephone number that you provide to us or that we can reasonably associate with you. You agree that we may monitor and record any communications between you and us for quality assurance and other permitted business purposes. You understand and agree that we may always communicate with you in any manner allowed by law that does not require your consent.
You agree some of your details will be disclosed if an investment opportunity is secured by you and you are required to sign the Fund Agreement between you and the Company you invested in, details like your name and signature will be mentioned on that agreement
Your information can be shared with the following:
You consent to such disclosure and hereby confirms and declares that the terms contained therein shall be subject to the Privacy Policy in connection with the Personal Data sharing.
In the event of any inconsistency between the terms contained herein with the terms as set out in the Privacy Policy, the terms and conditions in the Privacy statement shall prevail.
9. Investment Details of the Company
You acknowledge that details of the Company listed on out Platform is only accurate to the best of our knowledge and it is not guaranteed that all the info provided by the Company or any third parties is fully accurate. You acknowledge to procced any investment opportunities listed on our Platform with cautions and to do the due diligence about any investment.
9. Entire Agreement.
This Investment Application Agreement, together with any corresponding Fund Agreement, the Application and Website/Platform Terms and Conditions, any other document provided or executed as part of the investment application process, represent the entire agreement between you and us regarding the subject matter hereof and supersede all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and us with respect to your loan request and loan.
10. Electronic Transactions. THIS APPLICATION AGREEMENT IS FULLY SUBJECT TO YOUR CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES.
12. NO WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS APPLICATION AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF ANY INVESTMENTS.
13. LIMITATION ON LIABILITY. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY LOST PROFITS, FUND OR SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE MAKE NO REPRESENTATION OR WARRANTY TO YOU REGARDING THE EFFECT THAT THIS APPLICATION AGREEMENT MAY HAVE UPON YOUR FOREIGN, FEDERAL, STATE OR LOCAL TAX LIABILITY.
