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Terms of Business

  1. DEFINITIONS

    “You” – means the party wishing to engage the services of CWS.

    “CWS/us/we” – Chartered Wealth Solutions (Pty) Ltd.

    “Chartered-Related Companies” – means any company related to Chartered Wealth Solutions (Pty) Ltd, including but not limited to: Chartered Wealth Solutions (EC) (Pty) Ltd (FSP No.: 12985), Chartered Financial Planning (Pty) Ltd (FSP No.: 38005), WealthStrat (Pty) Ltd (FSP No.: 44865), Chartered Employee Benefits (Pty) Ltd (FSP No.: 24323), Chartered Legacy and Trust (Pty) Ltd, Chartered Tax (Pty) Ltd, and Pete Wilson & Associates (Pty) Ltd (FSP No.: 3814).

    “Chartered-Related FSP” – means any Chartered-Related Company that is an Authorised Financial Services Provider.

    “Personal Information” – means any information relating to an identifiable, living, natural person and, where applicable, to an identifiable, existing juristic person.

    “PoPIA” – Protection of Personal Information Act, 4 of 2013.

    “FAIS” – Financial Advisory and Intermediary Services Act, 37 of 2002.

    “General Code of Conduct” – General Code of Conduct for Authorised Financial Service Providers and Representatives.

    “Representative” – means employees appointed and mandated by the FSP to render financial services to consumers on behalf of the authorised FSP.

  2. INTRODUCTION

    1. This Agreement governs your and our rights and obligations in respect of Advisory/Intermediary and/or RetiremeantTM Planning services.

    2. This Agreement supersedes and substitutes any agreement between us or our predecessors in title.

    3. This Agreement is confined to Advisory/Intermediary and/or RetiremeantTM Planning services and does not apply to services of any other kind.

  3. ACCEPTANCE, TERMINATION AND AMENDMENT

    1. This Agreement is deemed to be concluded once the final party to the Agreement has signed the Application Form and the Standard Terms of Business.

    2. This Agreement may be terminated by either party for any reason whatsoever with thirty (30) days written notice to the other party. We are not obliged to provide any financial service once the notice period has terminated.

    3. The legislation that governs the Financial Services Industry continuously changes. Therefore, we may amend this Agreement from time to time. You acknowledge that you shall be bound by the current version of this Agreement and unless otherwise stated in the current version, all previous versions shall be superseded by the current version. You undertake to view the current version available on our Website (www.charteredwealth.co.za ) and Mobile Application before engaging any services.

    4. Without detracting from the aforegoing, and without imposing any obligation on us whatsoever, we reserve the right to to notify you of amendments to this Agreement either by electronic mail or by posting a notice on our Website or Mobile Application. Once notified, you are responsible for viewing the amended Agreement on our Website. Unless you inform us otherwise, the amended Agreement will be deemed to have been read, understood and accepted by you whenever services are engaged.

  4. SERVICES WE PROVIDE

    1. We will provide advisory/intermediary and/or RetiremeantTM planning and/or wealth creation services to you.

    2. Our services will be tailored to your needs and it is therefore imperative that you adequately inform us of your current circumstances, needs and objectives.

    3. It is your responsibility to advise us of any change in circumstances that may be relevant to the advice or service we provide.

  5. FEES

    We reserve the right to charge a fee for any product/service accepted by you in the Application Form.

  6. PERSONAL INFORMATION

    1. You undertake to provide us with all information and/or documentation required by us in terms of the Financial Intelligence Centre Act, 38 of 2001.

    2. You consent to us disclosing your personal information to Chartered-Related Companies in order to enhance the services we offer and expedite on-boarding processes.

    3. Information that we may collect from you includes:

      1. A list of products or services that you express an interest in;

      2. Your name, address, date of birth, place of birth, identity/passport number, marital details, gender, residency details, education, bank details, details about your employment, tax information and financial information;

      3. Record of correspondence from you or anyone acting on your behalf;

      4. Details on transactions you carry out with us.

    4. You undertake not to provide us with any Personal Information relating to any other person without their prior and express consent.

    5. It is your responsibility to ensure that the information we have on record is accurate, up to date and complete and you will notify US of any changes to this information.

    6. We may use the information that we collect for the purposes of:

      1. Providing you with the product(s)/service(s) that you have requested, managing our relationship with you, acting on your instructions and notifying you of any changes to our services;

      2. Verifying your identity in terms of our obligation under the Financial Intelligence Centre Act, 38 of 2001;

      3. Detecting and preventing fraud to the extent that we are in a position to do so;

      4. Complying with any laws or regulations, including law enforcement, government and tax collection agencies, treaties and codes;

      5. Monitoring and/or recording your telephone calls, electronic communications and electronic transactions with us in order to accurately carry out your instructions and to ensure the level of service we provide is of the highest standard and complies with any legislation/regulations;

      6. Assisting in improving our products and/or services; and

      7. Referring you to one of the Chartered-Related Companies.

    7. We may contact you from time to time about products and/or services that are available from Chartered-Related Companies which we believe may be of interest to you. We may do this by post, telephone or email unless you have indicated otherwise.

    8. We may transfer your information outside of South Africa to countries which may not offer the same level of protection as South Africa, including but not limited to, cloud storage, financial planning tools, and other software. Where this is the case, we will ensure that anyone to whom we pass your information agrees to apply the same level of data protection as if we were dealing with it. Where we are compelled by law to transmit your information to a government body or withholding agent in another country, we will be obliged to transmit your information irrespective of any agreement and the level of protection afforded by such country.

    9. You have the right to access your personal information we hold. We shall grant access to the aforementioned personal information during office hours and within a reasonable time after receiving a written request for access.

    10. You agree to our Privacy Policy, which you can find at https://charteredwealth.co.za/privacy-policy/

    11. We will take reasonably practicable steps to ensure that your Personal Information that we hold is complete, accurate, not misleading and updated where necessary.

    12. We confirm that we have the technical and organisational measures in place to protect your Personal Information.

    13. We will ensure the integrity, confidentiality and security of the Personal Information that we process.

    14. You have the right to request that your Personal Information which we have collected, be corrected, reduced, returned or deleted, subject to any other law/regulation that may require us to retain this information.

    15. We will immediately inform you should we become aware of unauthorised access to your Personal Information.

    16. We will not share your Personal Information with any party without your prior written consent, except where we are required to do so by law. We will inform the you prior to disclosing Personal Information to a third party unless the law/regulation prohibits this.

    17. Where we subcontract to a third party to process Personal Information, we will remain fully responsible for ensuring the protection and integrity of your Personal Information.

  7. OUR OBLIGATIONS

    We commit to rendering our services to you with honesty and integrity. This means we will act with due care, skill and diligence and in your best interests.

  8. YOUR RESPONSIBILITIES

    1. It is your responsibility to provide us with all the information we request so that we can provide you with accurate financial services. We cannot be held responsible for any information, specific needs and objectives which you do not disclose, or for inaccurate information that you disclose.

    2. You undertake to inform us of any changes to your circumstances that might influence your RetiremeantTM Plan or the specific financial service that we have rendered.

    3. You will at all times comply with all legal requirements.

    4. You acknowledge that we cannot be held responsible for:

      1. Any specific needs and objectives which you have not disclosed to us in writing;

      2. Timeframes that you do not adhere to as these may impact financial advice and fulfilment of your instructions and goals;

      3. Recommendations that we and our Representatives may make and which you do not implement, either fully or partially, or where you elect to implement these recommendations through another provider;

      4. The risks should that you may incur should you not accept our advice, implement our recommendations, or choose different transaction/s to what we and our Representatives have recommended. You indemnify us against any financial loss that you may suffer as a result.

    6. You undertake to accept our RetiremeantTM Plan/Wealth Creation Plan as soon as reasonably possible, but before implementation may take place, should you agree with our Recommendations.

  9. REVIEWS

    1. We undertake to review your RetiremeantTM Plan and/or financial advice on a yearly basis in line with the requirements set out in the FAIS General Code of Conduct.

    2. Should your financial circumstances change prior to the review date, you are required to inform us of such changes so that we may take them into consideration and apply them to the RetiremeantTM Plan and/or advice we review.

  10. REFERRALS

    1. We may we refer you to a Chartered-Related Company to render additional services to you, including but not limited to, tax consulting and Wills. The Chartered-Related company may charge fees which do not form part of this Agreement and will be agreed upon separately.

    2. Should we deem it necessary, we may refer you to a third party outside of the Chartered Related Companies. The third party may charge fees which do not form part of this Agreement and will be agreed upon separately.

    3. We cannot be held liable for the recommendations, guidance, proposals or intermediary services provided by the third party.

    4. We will undertake all reasonable measures to ensure that all third parties we use for advisory and/or intermediary service referrals are duly licensed as a Financial Service Provider within the Republic of South Africa.

  11. TRANSFER OF RELATIONSHIP

    We may, from time to time, restructure our business, including the Chartered-Related Companies. You hereby:

    1. Consent to the transfer of the relationship between the Chartered-Related FSPs and representatives/RetiremeantTM Specialists/Wealth Creation Specialists;

    2. Authorise the payment of any financial plan fees and/or commissions that you had previously authorised to be paid to the new Chartered-Related FSP;

    3. Consent to the relevant records being changed accordingly by all the product suppliers with whom you have transacted through the previous Chartered-Related FSP;

    4. Authorise the new Chartered-Related FSP to obtain the necessary information from any other party regarding your investments and policies, in order to provide appropriate financial advice;

    5. Consent that this Agreement will, from the date of transfer, be deemed to be an Agreement between you and the new Chartered-Related FSP;

    6. Accept that the new Chartered-Related FSP and its representatives may have access to your Personal Information that we hold and have access to (all Chartered-Related companies adhere to the Chartered Privacy policy); and

    7. Consent to the payment of any previous advice fees (or commission if applicable) agreed upon with CWS, to the new Chartered-Related FSP.

  12. FPI APPROVED PROFESSIONAL PRACTICETM

    We are an FPI Approved Professional PracticeTM. Our RetiremeantTM Specialists and Wealth Creation Specialists are CERTIFIED FINANCIAL PLANNER® professionals and are members of the Financial Planning Institute of Southern Africa (FPI). As members of the FPI and CFP® professionals, we are bound by a professional Code of Conduct and therefore if you believe that we may have acted in an unprofessional manner, you may report us to the FPI (www.fpi.co.za).