These Terms of Service, presented by Surgefunded (referred to as the “Terms”), establish the rules and responsibilities pertaining to you (referred to as a “Counterparty” or the “Customer”) use of the prop account pass and management services provided by Surgefunded (referred to as “Surgefunded prop firm challenge pass,” “pass services,” account management,” or “Services,” and collectively as the “Provider”). These services are primarily accessible through the website www.surgefunded.com (referred to as the “Website”). The Customer is kindly urged to thoroughly review these Terms. It is essential that the Customer choose to use the Services only if the Customer understands and consents to these Terms. By engaging with our Services the Customer validates their acceptance of these Terms and their commitment to adhere to them.
By using our site, the Customer agrees to be bound by the following terms and conditions, as well as any other terms and conditions and policies linked herein and/or accessible through a hyperlink. These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, consumers, merchants, and/or content creators.
Please carefully read these Terms of Service before accessing or using our website. By accessing or using any part of the site, the Customer agrees to be bound by these Terms of Service. If the Customer does not agree to all of the terms and conditions of this agreement, the Customer may not visit the website or use any services. If these Terms of Service are deemed an offer, acceptance is strictly limited to these Terms of Service. The Services are only available to those over the age of 18 who reside in countries where the Services are provided.
Any additional features or tools added to the existing site, will be subject to the Terms of Service as well. The most recent version of the Terms of Service can be seen on this page at any time. By making updates and/or changes to our website, we reserve the right to update, change, or replace any part of these Terms of Service. It is the Customer’s responsibility to check this page periodically for changes. The Customer’s continued use of or access to the website after the posting of any changes constitutes acceptance of those changes.
IN ACCORDANCE WITH APPLICABLE LAWS
NONE OF THE SERVICES PROVIDED TO THE CUSTOMER BY THE PROVIDER CAN BE CONSIDERED INVESTMENT SERVICES. THE PROVIDER DOES NOT GIVE OR PROVIDE TO THE CUSTOMER ANY GUIDANCE, INSTRUCTIONS, OR INFORMATION ABOUT HOW OR IN WHAT MANNER THE CUSTOMER SHOULD PERFORM TRANSACTIONS WHEN USING THE SERVICES OR OTHERWISE, NOR ANY OTHER SIMILAR INFORMATION ABOUT THE INVESTMENT TOOLS TRADED, AND THE PROVIDER DOES NOT ACCEPT ANY SUCH GUIDANCE, INSTRUCTIONS, OR INFORMATION FROM THE CUSTOMER. NEITHER THE SERVICES NOR THE RECOMMENDATIONS CONSTITUTE INVESTMENT ADVICE. THE PROVIDER’S EMPLOYEES, STAFF, AND REPRESENTATIVES ARE NOT AUTHORISED TO GIVE INVESTMENT ADVICE OR RECOMMENDATIONS. IF ANY INFORMATION OR STATEMENT OF THE PROVIDER’S EMPLOYEES, STAFF, OR REPRESENTATIVES IS INTERPRETED AS INVESTMENT ADVICE OR RECOMMENDATIONS, THE PROVIDER EXPLICITLY DISCLAIMS THAT SUCH INFORMATION OR STATEMENT IS INVESTMENT ADVICE OR RECOMMENDATIONS AND SHALL NOT BE RESPONSIBLE FOR THEM.
We may provide third parties access to our website to debug and/or maintain issues with our website, database, or infrastructure. These accesses are monitored and restricted once the scope of work is undertaken.
The Customer must pay for the passing fees to have access to the expert trading services of surgefunded platforms, models, and services. If the service has begun (i.e., the surgefunded has started trading) and the prop account remains unpassed after the statutory 30 days pass duration, the Customer is not entitled to a refund of the pass service fee. ALL PAYMENTS ARE FINAL AND ONLY FOR THE PURPOSE OF ACCOUNT PASS SERVICE.
Section 1 – Terms of Online Registration
In signing these Terms of Service, the Customer officially confirms that they are of legal age in their state or province of residence. As a condition of using the Services, the Customer agrees not to engage in any illegal or unauthorized activities (including but not limited to infringement of copyright laws). The Customer’s access to the Services will be terminated immediately without the possibility of any sort of refund if the Customer violates any of these Terms.
Section 2 – General Conditions
The Provider reserves the right to refuse service to anyone at any time for any reason. The Customer acknowledges that their content, which is not of a sensitive nature, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Without the Provider’s express written consent, the Customer agrees not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided. The headings used in this agreement are included for convenience only and will not limit or otherwise affect the Terms.
Section 3 – Information Accuracy, Completeness, and Timeliness
The Customer acknowledges that the services and content are provided “as is” with all faults, defects, or potential shortcomings, and that the use of such services and content is solely at the Customer’s own risk. While the Provider endeavors to ensure that all information is accurate and current, it recognizes that technology may have inherent limitations. Consequently, the Customer accepts these potential limitations and agrees to use the services with this understanding. To the maximum extent permitted by applicable law, the Provider disclaims all warranties, whether statutory, express, implied, or otherwise, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, or non-infringement of rights.
Section 4 – Changes to the Service and Prices
Product prices are subject to change without prior notice. The Provider reserves the right to modify or discontinue the Service (including account pass service offered or any part or content thereof) at any time alongside an appreciable level of notice. The Provider shall not be liable to the Customer or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
Section 5 – Products or Services
The Provider retains the right, but not the obligation, to limit the sales of products or services to any person, geographic region, or jurisdiction. This discretion may be exercised on a case-by-case basis. Furthermore, the Provider reserves the right to limit the quantities of any products or services that it offers. All descriptions of products/service pricing are subject to change at any time without notice, at the sole discretion of the Provider. The Provider also reserves the right to discontinue any product/service at any time. Any offer for any product or service made on this site is void where prohibited.
The Provider does not warrant that the quality of any products, services, information, or other material purchased or obtained by the Customer will meet the Customer’s expectations, or that any errors/performance in the course of rendering the said Service will be corrected or remedied.
Section 6 – Account Information and Billing Accuracy
The Provider reserves the right to refuse any service purchase order placed with them. In the Provider’s sole discretion, there may be limits or cancellations on the quantity of items/ service plans purchased/subscribed to per individual, or per order. These restrictions could be applied to orders made by the same customer account, the same credit card, and/or to orders that utilize the same billing and/or shipping address. Should an order be changed or cancelled, the Provider will attempt to notify the Customer by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Additionally, the Provider reserves the right to limit or prohibit orders that, in the Provider’s sole judgment, appear to be placed by dealers, resellers, or distributors.
The Customer agrees to provide current, complete, and accurate purchase and account information for all purchases made at the Provider’s site. The Customer also agrees to promptly update their account and other information, including email address, credit card numbers, and expiration dates, so that the Provider can complete transactions and contact the Customer as needed.
Section 7 – Additional Resources
The Provider may provide the Customer with access to third-party tools over which the Provider neither monitors nor has any control nor input. The Customer acknowledges and agrees that the Provider offers access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. The Provider shall have no liability whatsoever arising from or related to the Customer’s use of optional third-party tools.
Any use by the Customer of optional tools offered through the site is entirely at the Customer’s own risk and discretion, and the Customer should be familiar with and approve of the terms on which tools are provided by the respective third-party provider(s). The Provider may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 – External Links
Certain content, products, and services available via the Provider’s Service may contain materials from third parties. Third-party links on the Provider’s site may direct the Customer to third-party websites that are not affiliated with the Provider. The Provider is not responsible for examining or evaluating the content or accuracy, and it does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
The Provider is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. The Customer should review carefully the third-party’s policies and practices and make sure they understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Section 9 – Comments, Feedback, and Other Submissions from Users
The Customer agrees that the Provider may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that the Customer sends to the Provider, whether online, by email, by postal mail, or otherwise. The Provider is not and shall not be under any obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.
The Provider may, but has no obligation to, monitor, edit, or remove content that the Provider determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or which violates any party’s intellectual property or these Terms of Service.
The Customer represents and warrants that their comments will not violate any rights of third parties, including copyright, trademark, privacy, personality, or any other personal or proprietary right. The Customer further represents and warrants that their comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. The Customer must not use a false e-mail address, pretend to be someone other than themselves, or otherwise mislead the Provider or third parties as to the origin of any comments. The Customer is solely responsible for any comments they make and their accuracy. The Provider takes no responsibility and assumes no liability for any comments posted by the Customer or any third party.
Both the Customer and the Provider shall conduct all interactions under this agreement with the highest degree of fairness and respect. Any action detrimental to the reputation or legitimate interests of either party is strictly prohibited. This agreement imposes an affirmative duty to refrain from such detrimental conduct both during and after the term of the trading relationship. Disputes should be resolved in accordance with the terms of this agreement and applicable law. Violation of these provisions may result in immediate legal action, including a cease and desist notice and other legal remedies to protect the rights and interests of the aggrieved party.
Section 10 – Personal Information
The submission of personal data through the website is governed by The Provider’s Privacy Policy.
Section 11 – Know Your Customer (KYC)
Surgefunded via its third party platform is to implement robust and comprehensive procedures in accordance with legal and regulatory requirements pertaining to Know Your Customer (KYC), Customer Due Diligence (CDD), and Enhanced Due Diligence (EDD).
11.2. Know Your Customer (KYC):
The objectives of the Know Your Customer (KYC) procedures are to:
11.2.1. Establish a streamlined and efficient mechanism for identifying and vetting prospective Counterparties.
11.2.2. Mitigate the risks of money laundering by acquiring and analyzing relevant information.
11.2.3. Facilitate the detection of suspicious transactions by identifying inconsistencies with the information received.
KYC verification must be conducted solely by the individual account holder. Multiple individuals attempting KYC verification for a single account are strictly prohibited. If such violations are detected, the Provider holds the right to terminate the account with immediate effect.
11.3. Customer Due Diligence (CDD):
CDD is a mandatory process for initiating and maintaining engagements with Counterparties. The CDD protocol mandates:
11.3.1. Collecting verifiable identification data from Counterparties to unequivocally establish their identity.
11.3.2. Understanding the purpose and trading preference of Counterparty’s including the strategies to be employed and the financial market knowledge to be assessed.
11.3.3. Performing ongoing monitoring of trading activities to ensure they are consistent with the Counterparty’s stated trading strategy, risk profile, and financial resources.
11.4. Enhanced Due Diligence (EDD):
For business relationships or transactions that present a heightened risk, as determined by The Provider’s risk assessment, EDD will be implemented. These enhanced measures exceed standard CDD requirements and include:
11.4.1. Obtaining additional identity verification documents, particularly in cases where standard documentation has proven insufficient or questionable.
The Provider shall undertake KYC measures for all proposed transactions and business relationships. Under general KYC measures, The Provider shall take the following steps to ensure a transparent KYC process:
11.5.3. The Counterparty shall be asked to submit specific documents. The documents may include a valid photo ID such as:
- National ID.
- Passport.
- Driving License.
11.5.4. KYC verification shall not be completed if expired documents are provided. Only the most recent and valid documents will be accepted to proceed with the verification process.
11.5.5. After gathering the necessary documents, the Counterparty shall be directed to the “Agreement Signing” stage. They must provide a full name and address and agree to the terms mentioned in the agreement. Following these steps, the verification process shall commence and may take 48-72 hours.
11.5.6. The Provider requires strict compliance with these measures. The Provider reserves the right to refuse or discontinue any business engagement with a Counterparty if the CDD, EDD, or KYC criteria, as outlined herein, are not satisfactorily met 11.5.7. It is to be noted that failure to pass the KYC verification process shall result in the company declining to offer the desired pass service.
Section 12– Errors, Inaccuracies, and Omissions
On rare occasions, information on the site or in the Service may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. The Provider reserves the right to correct any errors, inaccuracies, and to change or update information or cancel orders at any time without prior notice (including after the Customer has submitted their order). The Provider undertakes no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specific update or refresh date should be taken to apply in the Service or on any related website, which could be interpreted to indicate that all information in the Service or on any related website has been modified or updated.
In the event of any discrepancies or anomalies encountered in the Service, including but not limited to account details, transactions, or service features, the Customer is obliged to report such issues to the Provider immediately. This prompt reporting will enable the Provider to address and correct the issue efficiently, maintaining the integrity and accuracy of the Service. Customers can seek assistance and report these issues to surge funded Support via the live chat option available on the dashboard or website, or by emailing [email protected]. The Provider reserves the right to take appropriate actions to rectify any discrepancies to ensure that the Service operates correctly and in line with the intended terms.
Section 13 – Restricted Uses
The Customer is prohibited from using the site or its content (a) for any illegal purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet. The Provider reserves the right to terminate the Customer’s use of the Service and any related website for any breach of these prohibitions.
Section 14 – Prohibited Trading Practices
14.1. The Customer is prohibited from conducting trades after getting on – boarded unto the Surgefunded pass service. Any act of active or intrusive trading will lead to an outright termination of contract without refunds. trading on the part of the customer , bringing about that contravene the stipulations outlined in this section or the FAQ.
14.1.7. Performing trades that are inconsistent with typical forex or any other financial market operations is prohibited for the Customer. They should also avoid any activities that may cause financial or other harm to The Provider. Engaging in any of these activities may raise valid concerns about intentionally harming The Provider.
14.1.8. Engaging in copy trading, where trades mimic or replicate the trading activities of other traders or entities without prior authorization from The Provider, is prohibited for the Customer.
14.1.9. The Customer, or any third party, is prohibited from participating in or collaborating to have a third party execute trades for the Customer, whether such third party is a private individual or a professional.
14.2.4. If it is determined that a client’s trading activities could lead to financial harm or operational disruption to surgefunded or any third parties, surge funded reserves the right to terminate it trading on the prop firm account without the possibility of refund on the account, or the passing fees.
14.3.1. Surgfunded will make reasonable efforts to notify the client of any trading restrictions, modifications, or account terminations, providing the reasons for such actions. However, in cases where immediate action is required to protect the integrity of the platform, Surgefunded may implement changes without prior notice.
14.3.2. Clients will have the opportunity to request a review of any imposed restrictions or account actions. Surgefunded will consider appeals on a case-by-case basis but reserves the right to uphold its original decision to ensure the protection of its trading environment.
14.3.3. Surgefunded shall not be liable for any direct, indirect, incidental, or consequential losses or damages resulting from the violation of its rule, that has consequently led to account passing service termination. Clients agree to hold surgefunded harmless against any claims arising from such actions.
14.6. The Provider shall not bear any responsibility for trading or other investment activities that the Customer performs outside the relationship with The Provider, e.g., by using data or other information from the Customer Portal, the trading platform, or in any other way in connection with the services in real trading on the financial markets.
Section 15 – Limitation of Liability; Disclaimer of Warranties
The Provider does not promise, represent, or warrant that the Customer’s use of the service will be error-free, timely, secure, or uninterrupted. The Provider does not warrant that the results obtained from the use of the service will be accurate or reliable. The Customer acknowledges that The Provider may suspend the service for indefinite periods or cancel the service at any time, with or without notice to the Customer. The Customer expressly agrees that their use of, or inability to use, the service is at their sole risk.
The service and all products and services delivered to the Customer through The Provider’s service are provided ‘as is’ and ‘as available’ for the Customer’s use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and noninfringement.
In no event will The Provider and its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the Customer’s use of the service or any products procured using the service, or for any other claim related in any way to the Customer’s use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, The Provider’s liability shall be limited to the maximum extent permitted by law.
Section 16 – Indemnification
The Customer agrees to indemnify, defend, and hold harmless The Provider, along with its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claims or demands, including reasonable attorneys’ fees, made by any third-party due to or arising from the Customer’s breach of these Terms of Service, the documents incorporated by reference, or the Customer’s violation of any law or the rights of a third-party.
Section 17 – Severability
Should any provision of these Terms of Service be deemed unlawful, void, or unenforceable, such provision will be enforceable to the maximum extent permitted by law. The unenforceable part will be considered severed from these Terms, without affecting the validity and enforceability of the remaining provisions
Section 18 – Termination
Obligations and liabilities arising before the termination date will survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either the Customer or the Provider. The Customer may terminate these Terms at any time by notifying the Provider that they no longer wish to use the Services or when they cease using the site. Customers will forfeit all claims to refund, once a contract termination is initiated.
The Provider may terminate this agreement at any time without notice if, in the Provider’s sole judgment, the Customer fails to comply with any term or provision of these Terms. Upon termination, the Customer will remain liable for all amounts due up to and including the termination date, and the Provider may deny the Customer access to the Services.
18.1.3 Account pass Duration: All accounts delivered for pass purposes have a 30 working days delivery mandate, with a possibility for extension if market conditions makes it necessary.
Section 19 – Refund Policy
19.1 Termination Request by Customer: A Customer wishing to terminate their pass service contract, must send a request to [email protected]. Such a request constitutes a desire to end the contractual relationship. The Provider will confirm receipt of the request via email, officially ending the contract. Under these circumstances, the Customer forfeits any right to refunds of fees or other expenditures previously paid.
19.2 Severe Violations: In cases where the Customer engages in prohibited practices of a serious nature, the Provider reserves the right to terminate all Services without compensation. This may occur without prior warning, and no refunds will be issued for any fees paid in such instances. Additionally, any payments made for add-ons will not be refunded, regardless of eligibility. The Provider retains full discretion in determining the severity of the violation and appropriate corrective action.
19.3 Activation of Services: Upon paying the fee for the surgefunded challenge pass service, the Customer will receive and sign off on a contract agreement. By surgefunded executing the first trade, the Customer acknowledges and agrees that the Provider has no responsibility for refunds, due to the fact that service has been rendered.
19.6 Refunds: A refund request must be made within 14 days after getting onboarded if no trading activity has occurred on the customer’s prop firm account. Once trading commences, fees become non refundable, with no provision for full or partial refunds.
Section 20 – Dispute Resolution Policy
- In the event that a client raises a dispute regarding our services,, the traded account associated with the disputed transaction will be paused as per our Terms of Service.
- Surgefunded reserves the right to permanently suspend any customer found to have raised a false or mischievous dispute. A false dispute is defined as a situation where the services provided by Surgefunded were delivered without issue as per the terms and conditions, yet the customer initiated a dispute against the said service that has been delivered.
Clients are strongly encouraged to contact our support team before initiating any form of disputes to address their concerns promptly.
For any further queries, please reach out to our Support Team via our designated channels of communication.
Section 21 – Entire Agreement
The Provider’s decision not to exercise or enforce any right or provision of these Terms of Service shall not be deemed a waiver of such right or provision. Any waiver of rights under these Terms of Service will be effective only if it is in writing and signed by the Provider. These Terms of Service, along with any policies or operating rules posted by the Provider on this site or in relation to The Service, constitute the full and exclusive understanding and agreement between The Customer and the Provider. This agreement governs The Customer’s use of the Service, overriding all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between The Customer and the Provider (including, but not limited to, any prior versions of the Terms of Service). Should any ambiguity or question regarding intent or interpretation arise, it shall be resolved in a neutral manner and not automatically against the drafting party.
Section 22 – Governing Law
These Terms of Service, as well as any additional agreements under which the Provider gives The Customer Services, are regulated and construed in accordance with the Customers’s legal jurisdiction.
Section 23 – Legal Disclaimer
The Customer acknowledges that they are engaging in the Service at their own risk and assumes all responsibility for their participation. By using the Service, the Customer affirms they are over the age of 18 years and acknowledges that the Provider is not responsible for any actions taken by the Customer in contravention of any known law. And the customer also acknowledges the risk that comes with trading speculative assets and the possibility of either massive losses or profits, and totally indemnifies surge funded against all legal consequences that may arise from it pass rendered services irrespective of outcomes.
The Customer’s legal jurisdiction governs and is construed in line with these Terms of Service and any other agreements whereby the Provider provides The Customer Services.
