401(k) INVESTMENT CONSULTING SERVICES AGREEMENT

 

This Non-Discretionary Investment Advisory & Investment Consulting Services Agreement (“Agreement”) is entered into by and between 401k Report Card a DBA of Sandos Financial Inc. a Registered Investment Adviser and a subscribing “Client”. Whereby the Client desires to participate in 401(k) Investment Consulting Services as described below through which the IAR of Sandos Financial, Inc. will provide such services to the Client as outlined in the Agreement.

 

1. SERVICES:

 

401(k) investment allocation advice – Sandos Financial via its DBA 401k Report Card will provide asset allocation and investment selections for Client’s company-sponsored retirement plan as a participant of that retirement plan. Sandos Financial DBA 401k Report Card will review and provide investment recommendations from the investment options available in Client’s retirement plan accounts which are consistent with Client's stated investment objectives and risk tolerance. Sandos Financial DBA 401k Report Card will review Client's retirement plan account investment options at monthly or quarterly interval and will make such recommendations from the list of available investment options in Client's retirement plan account as are deemed appropriate and consistent with Client's stated investment objectives and risk tolerance.

The services under this Agreement do not constitute asset management services for Client’s retirement plan account; Sandos Financial DBA 401k Report Card will not have investment discretion or trading authority over Client's retirement plan account. The client will determine whether or not to implement the advice. The implementation of any trades in Client's retirement plan account will be solely the responsibility of Client. The Client is under no obligation to act on the advice of Sandos Financial DBA 401k Report Card. Furthermore, although not required, if Client chooses to implement such recommendations Client acknowledges that Sandos Financial DBA 401k Report Card has made no guarantees of performance and acknowledges that like all stock market investments past performance is not guaranteed of future performance. Sandos Financial DBA 401k Report Card will act in a fiduciary capacity to provide unbiased information in the best interest of the client.

 

2. LIMITATIONS OF SERVICES: Sandos Financial DBA 401k Report Card is not serving in the capacity of a Registered Investment Adviser towards any assets of the Client outside the scope of the consultation services contemplated by this Agreement. The advisory services rendered under this Agreement will be restricted only to the subscribed plan.

 

3. Client agrees that it is important to establish a confidential relationship with Sandos Financial DBA 401k Report Card. As Sandos Financial DBA 401k Report Card shall keep confidential all information relating to client and client acknowledges that all information is the intellectual property of Sandos Financial DBA 401k Report Card and may not be shared with anyone else within or outside the company 401(k) plan. Any breach of confidentiality is considered a material breach of this Agreement.

 

4. FEES: A fixed fee will be charged for the investment services designated above in the amount of $27 monthly for a standalone 401k report card and $52 monthly for a custom portfolio report. Such fees will not be based on any sharing of capital gains or capital appreciation of client’s account. It is understood that all fees are based solely on a monthly advisory fee.

 

5. METHOD OF PAYMENT: (all payments are payable to “401k Report Card” a DBA of Sandos Financial, Inc. Client shall provide a credit card for monthly payment via 401kreportcard.com website. Client agrees to have payments debited each calendar month until client terminates this agreement.

 

6. NO GUARANTEE: Sandos Financial DBA 401k Report Card cannot guarantee performance. While Sandos Financial DBA 401k Report Card is confident in its models, market forces are impossible to predict and are subject to change.

 

7. TERMINATION: This Agreement may be terminated at any time by the client or Sandos Financial DBA 401k Report Card. No refunds will be granted as the analysis, report card and investment allocation has already been provided to the client. The client, however, may terminate this agreement at any time at their discretion.

 

8. ASSIGNMENT: This Agreement will not be assigned or transferred in any manner by the Client or Sandos Financial DBA 401k Report Card unless agreed to by both client and Sandos Financial DBA 401k Report Card.

 

9. ENTIRE AGREEMENT/AMENDMENTS: This Agreement represents the entire agreement between the parties. This Agreement may not be changed orally, but only in writing signed by each of the Parties. 

10. ARBITRATION: Upon agreement, any controversy arising between the parties as a result of subscribing to this service shall be settled in arbitration in Salt Lake County, Utah or as close thereof as possible in accordance with the rules in effect of the American Arbitration Association and in accordance with Utah law. The award of the arbitrators or a majority of them shall be final and judgment upon the award rendered may be entered in any state or federal court having jurisdiction.

 

11. RECEIPT OF FORM ADV, PART II AND PART II B: By signing this Agreement, Client hereby acknowledges receipt of the Sandos Financial, Inc. Form ADV Part II and Part II B, and the disclosure information contained therein as required by Rule 204-3 of the Investment Advisers Act.

 

 

TO THE CLIENT: PLEASE READ CAREFULLY BEFORE ELECTRONICALLY SIGNING BY SUBSCRIBING OR PHYSICALLY SIGNING:

 

Client acknowledges that Sandos Financial DBA 401k Report Card is relying upon the following representations of Client in undertaking this project. By subscribing to the service or signing below, Client represents:

 

1. Client has carefully read this Agreement and the Sandos Financial Form ADV, including the disclosure as related to conflicts of interest and the specific roles of Sandos Financial DBA 401k Report Card;

 

2. The client will not rely on and is not relying upon, any oral or other representations or understandings that are contrary to this Agreement or the disclosures contained in Sandos Financial, Inc. Form ADV;

 

Client:

 

Client Signature:    _______________________________________    Date: __________________________

 

Print Client Name: ________________________________________________________________________

 

Client Address:      ________________________________________________________________________

Street Address

Client Phone:         ________________________________________________________________________

 

 

Second Client Signature: ____________________________________   Date: _________________________

(If applicable)

Print Second Client Name: __________________________________________________________________

 

Second Client Address: _____________________________________________________________________

Street Address

 

 

Sandos Financial, Inc. DBA 401k Report Card:

 

Registered Investment Adviser Representative Signature: __________________________   Date: ___________

 

Print Investment Adviser Representative Name: ___________________________________________________

 

Representative #: ________________________