UltraCap Accreditation Program Master Services Agreement: 

Last Updated 29/01/2024.

Table of Contents
1. Introduction
2. Definitions
3. Individual Plan Rules and Guidelines
o 3.1 UltraSmart & UltraLite Plan
o 3.2 UltraFlex Plan
o 3.3 UltraPro Plan
4. General Trading Rules and Guidelines
5. Miscellaneous
6. Terms & Conditions for Use of UltraCap’s services as a Client
7. Governing Law and Jurisdiction

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1. Introduction

This Master Services Agreement (“Agreement”) is entered into between the trader (“You”) and UltraCap Trading (“Company,” “We,” “Us”). This Agreement outlines the terms and conditions under which you may participate in one of our Accreditation Programs, including UltraSmart, UltraFlex, and UltraPro (“Programs”).

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2. Definitions

• Trading Day: A day on which a trade is placed that is consistent with a trader’s single trading approach.
• Warning (Soft Breach): A violation of trading rules & requirements of the Plan chosen.
• Breach (Hard Breach): A violation of the risk management requirements of the accreditation program set out in the general trading guidelines.

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3. Individual Plan Rules and Guidelines

3.1.0 UltraSmart Plan (All Clauses apply to UltraLite Plan unless otherwise indicated)

Rules and Guidelines

1. Duration: The UltraSmart Accreditation Program lasts for a total of 180 calendar days, starting from the day of receiving your credentials.
2. Trading Instruments: Limited to trading Major and Minor Forex Pairs and limited exotic Forex Pairs as available on the trading platform.
3. Provided you meet all other requirements, you can complete the UltraSmart Accreditation in a minimum of 30 trading days
4. You must use a Stop Loss with all trades placed. If you miss placing your stop loss, you must rectify this immediately to avoid a soft breach.
5. Leverage: The leverage on the UltraSmart plan is 1:10 and will increase as the trader successfully grows in their UltraCap career journey.

Risk Management Requirements (Hard Breaches)

7. Maximum Loss: The account will be disabled, and a trader will need to re-attempt the accreditation phase if the account’s equity drops below -8% of the starting account balance.
8. For UltraSmart Plans Only, you must not risk more than 2% of your account balance on any given Symbol or Pair. If you have made a mistake, you must rectify this immediately to avoid a soft breach.
9. For UltraLite Plans, instead of a 2% Risk per trade rule, a Daily Loss Limit Rule applies: 3% of the Daily Starting Balance of the Account and/or Daily High water mark.
10. Limited Trade Stacking: Whether the trade is in positive or negative equity, you may only have a maximum of 3 open trades per symbol. All trades must be opened simultaneously and at around the same price level.
11. No Scaling In to Positions: You must not scale in to your positions. Strategies that rely on scaling in are not allowed and include: Martingale, Martingale variants, High Frequency Trading (HFT), Grid Trading, Hedging, and Any EA that relies on stacking.
12. No Trade Copying: All trades being entered into our platform must have originated with the trader and no trades should be found to have been copied from any other accreditation account, or LPM account (unless using the Merge Addon)

Profit Targets, Loss Limits, and Addons

• Minimum Profit Target: 6% of starting account balance to submit for Live Funding.
• Maximum Loss: 8% of starting account balance.
• Daily Loss Limit: N/A unless No Time Limit Addon is purchased. For UltraLite Plans, 3% of the Daily Starting Balance of the Account and/or Daily High water mark.

• Plan Add-ons (Not applicable for UltraLite): Additional modifications and features can be added to the UltraSmart Plan to enhance and/or augment the conditions of the accreditation plan to align better with your own unique trading approach. These include:
– No Time Limit
– +5% Extra Drawdown
– Merge Account (enables trade copying from your LPM account)
– Increased Profit Share upon Passing
– Time Extensions
More detailed information about these addons and others are available inside your client portal under the Addon Store.

3.2.0 UltraFlex Plan

Rules and Guidelines

1. Duration: The UltraFlex Accreditation Program has No Time Limit. However, there is a requirement for traders to remain active on the trading account.
2. Trading Instruments: Limited to trading All available FX, Commodities, Energies, Metals and Indices and any other symbol available through the brokerage platform.
3. Provided you meet all other requirements, you can complete the UltraFlex Accreditation in a minimum of 20 trading days
4. You must use a Stop Loss with all trades placed. If you miss placing your stop loss, you must rectify this immediately to avoid a soft breach.
5. Leverage: The leverage on the UltraFlex plan is 1:10 and will increase as the trader successfully grows in their UltraCap career journey.

Risk Management Requirements (Hard Breaches)

6. Maximum Loss: The account will be disabled, and a trader will need to re-attempt the accreditation phase if the account’s equity drops below -5% of the starting account balance.
7. Daily Loss Limit: The account will be disabled, and a trader will need to re-attempt the accreditation phase if the account’s equity drops below -3% of the account’s balance at the start of the trading day or -3% of the daily equity high water mark. (Midnight Server Time or on Market Open)
8. Limited Trade Stacking: Whether the trade is in positive or negative equity, you may only have a maximum of 3 open trades per symbol. All trades must be opened simultaneously and at around the same price level.
9. No Scaling In to Positions: You must not scale in to your positions. Strategies that rely on scaling in are not allowed and include: Martingale, Martingale variants, High Frequency Trading (HFT), Grid Trading, Hedging, and Any EA that relies on stacking.
10. No Trade Copying: All trades being entered into our platform must have originated with the trader and no trades should be found to have been copied from any other accreditation account, or LPM account (unless using the Merge Addon)

Profit Targets, Loss Limits, and Addons

• Minimum Profit Target: 9% of starting account balance to submit for Live Funding.
• Maximum Loss: 5% of starting account balance.
• Daily Loss Limit: 3% of the Daily Starting Balance of the Account and/or Daily High water mark.
• Plan Add-ons: Additional modifications and features can be added to the UltraFlex Plan to enhance and/or augment the conditions of the accreditation plan to align better with your own unique trading approach. These include:
– +5% Extra Drawdown
– Add Crypto Markets
– Merge Account (enables trade copying from your LPM account)
– Increased Profit Share upon Passing
More detailed information about these addons and others are available inside your client portal under the Add-on Store.

3.3.0 UltraPro Plan

Rules and Guidelines

1. Duration: The UltraPro Live Accreditation Phase has No Time Limit to achieve the +10% Growth Target and qualify for LPM Status and first payout.
2. Trading Instruments: You can trade FX, Commodities, Metals, Energies, Indices on the UltraPro Plan.
3. There are no minimum trading days for UltraPro Traders.
4. You must use a Stop Loss with all trades placed If you miss placing your stop loss, you must rectify this immediately to avoid a soft breach.
5. Leverage: The leverage on the UltraFlex plan is 1:10 and will increase as the trader successfully grows in their UltraCap career journey.

Risk Management Requirements (Hard Breaches)

6. Maximum Loss: The account will be disabled, and a trader will need to re-attempt the accreditation phase if the account’s equity drops below -6% of the starting account balance.
7. Daily Loss Limit: The account will be disabled, and a trader will need to re-attempt the accreditation phase if the account’s equity drops below -3% of the account’s balance at the start of the trading day. (Midnight Server Time or on Market Open)
8. Limited Trade Stacking: Whether the trade is in positive or negative equity, you may only have a maximum of 3 open trades per symbol. All trades must be opened simultaneously and at around the same price level.
9. No Scaling In to Positions: You must not scale in to your positions. Strategies that rely on scaling in are not allowed and include: Martingale, Martingale variants, High Frequency Trading (HFT), Grid Trading, Hedging, and Any EA that relies on stacking.
10. No Trade Copying: All trades being entered into our platform must have originated with the trader and no trades should be found to have been copied from any other accreditation account, or LPM account (unless using the Merge Addon)

Profit Targets, Loss Limits, and Addons

• Minimum Profit Target: 10% of starting account balance to submit for Live Funding.
• Maximum Loss: 6% of starting account balance.
• Daily Loss Limit: 3% of the Daily Starting Balance of the Account/Daily High water mark.
• Plan Add-ons: Additional modifications and features can be added to the UltraPro Plan to enhance and/or augment the conditions of the accreditation plan to align better with your own unique trading approach. These include:
– Merge Account (enables trade copying from your LPM account)
– Increased Profit Share upon being accepted to trade and purchasing the plan.
More detailed information about these addons and others are available inside your client portal under the Add-on Store.

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4. General Trading Rules and Guidelines

• Single Defined Trading Approach: All traders must adhere to a single, defined trading approach throughout the Accreditation Program. If you wish to use multiple execution methods, we advise you to take advantage of using multiple accounts. If a trader uses multiple defined trading approaches, their results may not present consistently and negatively impact their funding opportunities.
• News Events and Holding Trades: Trading during news events, holding trades overnight, and over the weekend are permitted. Partial fills, spreads, rollover spikes, slippage and liquidity trading data are mirrored from live servers to simulate as close to real world trading conditions. Should you choose to hold open positions during high volatility periods or through low liquidity during rollovers on various markets, you do so with full understanding of how this can affect your positions and results.
• Expert Advisors (EAs): Use of EAs is allowed, provided they comply with the risk management rules outlined in Section 3 of this Agreement.
• Multiple Accounts: You may purchase and trade up to THREE UltraSmart/UltraLite or UltraFlex Accounts at the same time. In addition, you may purchase and trade up to TWO UltraPro Accounts.
• Money Back Guarantee:
Available to first time clients only.
The 100% Money Back Guarantee at UltraCap Trading is designed to provide flexibility and reassurance to our clients. However, it is important to understand the specific conditions under which this guarantee applies. The following amendments outline the variations of the guarantee based on different situations:
o Full Refund (100%): Clients who have not initiated any trades and encounter genuine circumstances that prevent them from trading are eligible to request a full refund within the first 48 hours since the account credentials have been sent. The refund will be processed to the original method of payment, minus any transaction fees or charges incurred. This provision is intended to accommodate unforeseen and immediate impediments to trading that arise shortly after account setup.
o Partial Refund: In cases where clients have not traded their account and, for any reason, find themselves unable to commence trading, a partial refund can be requested within the first 7 days of the account credentials being sent. The refund amount will be the total payment made minus a 20% cancellation fee. This fee covers the costs associated with the account setup and management up to the point of cancellation.
o No Refund: No refunds will be issued for any cancellation requests on accounts that have already been traded. Once trading activity has commenced, it is understood that the client has engaged with the services provided, and as such, the resources and efforts allocated to their account are considered utilized. There is no refunds for any account that is disabled by our broker partners, whether for inactivity, or abuse, or otherwise.

• Accreditation Fee Refund Guidelines: The accreditation trading plan fee for UltraSmart, UltraLite or UltraFlex will be refunded and paid with the first profit share fee earned after you pass the initial requirements of the Accreditation Plan. There is no refund of the initial accreditation plan fee for the UltraPro Plan as the trader earns a Payout Fee based on the growth of the account instead.
• Warnings and Breaches: Traders will be given up to 3 warnings and opportunities to correct their mistakes or breaches of trading rules. Excessive and/or Repetitive warnings for the same types of violations may also result in the account being disabled. Although we will always try to work on equitable outcomes, Traders who wilfully breach rules or the general trading risk requirements may be disqualified with no refund.
• Malicious Trades: Any trades which are placed for disingenuous purposes or with reason or motive to exploit any of the rules of this program, may disqualify the trader immediately without refund.

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5. Miscellaneous

This Agreement constitutes the entire understanding between the parties and supersedes all prior oral agreements, understandings, or arrangements relating to the subject matter of this Agreement.
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6. Terms of Use and Conditions

6.1 Terms of Use and Agreement

These Terms of Use and Conditions may be subject to change at any time. UltraCap Trading reserves the right to change, amend or add to these terms and conditions at any time. By purchasing the one-time fee UltraCap Accreditation Program, the Accreditation Plan Trader (the “Client”) acknowledges that they have read and agreed to be bound by these Terms and Conditions, as well as UltraCap Trading’s (the “Company”) Terms of Use and any other terms outlined on the Company’s website and services.
The Company reserves the right, at its sole discretion, to deny or terminate the Client’s promotion or access to the service, and/or block the Client’s account if the Company suspects that the Client has abused or attempted to abuse, or otherwise acted with a lack of good faith towards the Company.
By commencing any service, plan or offering with UltraCap Trading, the Client confirms that they expressly agree to adhere to this agreement and the terms of use of the Company’s services. They also agree to receive and read accreditation plan updates, announcements, account queries, breach notices, account management communications, and limited marketing material relevant to the plan they have purchased via email, SMS, and phone where relevant.

6.2 Restrictions and Responsibilities

The Client must not reverse compile, disassemble, remove, release, disclose, reveal, copy, extract, modify, or otherwise reverse engineer all or any part of the Services or any software, documentation, or data related to the services or website, except as otherwise permitted by the Copyright Act 1968 (Cth) or agreed to in writing by Ultra Capital Enterprises Pty Ltd.
The Client represents, covenants, and warrants that they will use the Services only in compliance with the Company’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations. The Client agrees to indemnify and hold harmless the Company against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and legal fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from the Client’s use of Services.
The Client is responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers, and the like (collectively, “Equipment”). The Client is also responsible for maintaining the security of the Equipment, the Client account, passwords (including but not limited to administrative and user passwords), and files, and for all uses of the Client account or the Equipment with or without the Client’s knowledge or consent.

6.3 Confidentiality and Proprietary Rights

Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical, or financial information relating to the Disclosing Party’s business (referred to as “Proprietary Information” of the Disclosing Party).
Proprietary Information of the Company includes non-public information regarding features, functionality, and performance of the Service. Proprietary Information of the Client includes non-public data provided by the Client to the Company to enable the provision of the Services (“Client Data”). The Receiving Party agrees:
1. To take reasonable precautions to protect such Proprietary Information, and
2. Not to use (except in performance of the Services or as otherwise permitted in this Agreement) or divulge to any third person any such Proprietary Information.
The foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without the use of any Proprietary Information of the Disclosing Party, or (e) is required to be disclosed by law.
The Client shares ownership with the Company, the right, title, and interest in and to the Client’s Trading Data, as well as any data that is based on or derived from the Client’s Trading Data and provided to the Client as part of the Services. The Company shall own and retain all right, title, and interest in and to (a) the Services, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.
Notwithstanding anything to the contrary, the Company shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Client Data and data derived therefrom), and the Company will be free (during and after the term) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.
No rights or licenses are granted except as expressly set out in this Agreement.

7. General Provisions

Participation is not allowed for persons under the age of 18 or otherwise under the legal age in their country of residence (“minors”). If the Client does not understand the risks involved, they should seek advice and consultation from an independent financial advisor. If the Client still does not understand the risks involved in trading Financial Instruments, whether on live or simulated live platforms they should not trade at all.
The Client understands how OTC and Trading Platforms behave, including but not limited to, spreads, volatility, and liquidity and slippage. The client is responsible for all trading decisions and orders placed and understands that services are based on the 24/7 live market environment provided by registered and regulated brokers. All platforms, whether Simulated (demo) or Live are subject to market volatility and liquidity fluctuations and it is not reasonable for the Client to expect execution to be otherwise guaranteed and different from the true live market environment.

Clients who undertake transactions on an electronic trading system will be exposed to risks associated with the system, including the failure of hardware and software (Internet/Servers). The result of any system failure may be that an order is either not executed according to the instructions provided for it or is not executed at all.

The Client acknowledges that any trading activity, positions, or losses undertaken by anyone or any device or third party on behalf of the Client are bound by these terms of use and conditions. Although the Company does not prohibit Clients from delegating trading activities, all transactions and trading activity is the sole responsibility of the Client who is authorized to trade the account.

The Client acknowledges and understands that any breaches of these terms and conditions due to shortfalls in electronic trading systems or technology are the responsibility of the client, not the Company. Clients are expected to have experience in trading and using electronic trading systems and platforms, including the use of Broker Platforms such as MetaTrader or Tradingview, and any user errors or mistakes made are the responsibility of the Client.
On any live funded account, the client is supposed to follow all the agreed trading rules regarding the funding option chosen. A pattern of unauthorized trading will cause a review of account and may result in warning or termination of services provided to the Client and the Client acknowledges and knowingly enters into the Accreditation Program understanding that upon completion of Accreditation, the relationship between the Client and The Company becomes that of a Contracted Provider and The Company.
During the accreditation stage, the risk team requires consistent behaviour each trading day with proper risk management and the use of allowed strategies to review your suitability. In some cases, your review may be extended by the risk team to get promotion to the LPM stage or live funds.

All rules of the accreditation program must be followed strictly. Although UltraCap Trading will use common sense, good will, and fair judgment, they reserve the right to disable and/or terminate any program, plan, or account if any rules or guidelines are breached intentionally or without good faith. UltraCap Trading also reserves the right to use their discretion and may defer or consult with liquidity providers, brokers, third party risk managers and other resources when carrying out it’s functions as a recruiter and profiler and manager of trading data analysis.

The client agrees that by breaching any of the rules of the plan they are trading, whether it be communicated by the company at the time of the breach or via the company’s systems and processes during the accreditation program with sufficient evidence of the breach, they are breaching their agreement with UltraCap Trading.

 
If the Client completes their accreditation but breaches this agreement or any of the funding conditions in your Contractor Agreement after the accreditation, the breach may conclude your contract with UltraCap Trading, and deem any Payout Fees to be null and void and no longer payable at the discretion of the Company or its liquidity providers and backers.

The Company reserves the right to disable and/or terminate any Program or account for any breach of these Terms, whether intentional or otherwise.

These Terms and Conditions are made in English language. Any other language translation is provided as a convenience only. In the case of any inconsistency or discrepancy between original English texts and their translation into any other language, as the case may be, original versions of English shall prevail.

8. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia. Both parties agree to submit to the exclusive jurisdiction of the courts of New South Wales.
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By participating in any of the Accreditation Programs, you agree to be bound by the terms and conditions set forth in this Master Services Agreement.