Terms of Service
Last Updated: March 1, 2024
Please read these Terms of Service carefully before using SA Passive Income services. By accessing or using our services, you agree to be bound by these terms.
1. Acceptance of Terms
By accessing and using SA Passive Income website and services, you accept and agree to be bound by the terms and provision of this agreement. These Terms of Service apply to all visitors, users, and others who access or use our investment advisory services.
If you do not agree to abide by the above, please do not use this service. We reserve the right to modify these terms at any time, and such modifications shall be effective immediately upon posting on this website.
2. Description of Services
SA Passive Income provides investment advisory services focused on building passive income portfolios in the South African market. Our services include:
- Portfolio management and construction advice
- Investment research and market analysis
- Educational webinars and investment guidance
- Risk assessment and asset allocation recommendations
- Tax-efficient investment strategies
Our services are designed to help clients build diversified investment portfolios that generate sustainable passive income through various asset classes including stocks, bonds, REITs, and other approved investment vehicles.
3. Investment Risks and Disclaimers
Important Investment Warning: All investments carry risk and past performance is not indicative of future results. The value of investments can go down as well as up, and you may receive back less than you invested.
Key Risk Factors:
- Market volatility may affect investment performance
- Currency fluctuations may impact returns
- Economic and political conditions may influence market performance
- Individual company performance may vary significantly
- Liquidity risks may affect ability to sell investments quickly
We strongly recommend that you seek independent financial advice before making any investment decisions. Our advisory services do not constitute a guarantee of investment performance or returns.
4. User Responsibilities and Eligibility
To use our services, you must:
- Be at least 18 years of age and legally capable of entering into binding agreements
- Be a resident of South Africa or have legal authorization to invest in South African markets
- Provide accurate and complete information when requested
- Comply with all applicable laws and regulations regarding investments
- Maintain the confidentiality of your account information
- Notify us immediately of any unauthorized use of your account
You are responsible for ensuring that your use of our services complies with all applicable laws in your jurisdiction. You agree to provide truthful and accurate information about your financial situation, investment objectives, and risk tolerance.
5. Fees and Payment Terms
Our advisory fees are clearly outlined in our pricing structure and may include:
- Monthly advisory fees based on selected service package
- Portfolio management fees calculated as a percentage of assets under management
- One-time consultation or planning fees
- Additional charges for specialized services as agreed upon
Payment Terms:
- Fees are payable in advance on a monthly basis unless otherwise agreed
- All fees are quoted in South African Rand (ZAR)
- Late payment may result in suspension of services
- Refunds are available within 14 days of initial service agreement
6. Intellectual Property Rights
All content on our website, including text, graphics, logos, images, research reports, and software, is the property of SA Passive Income or our content suppliers and is protected by South African and international copyright laws.
You may not reproduce, distribute, modify, or create derivative works from our content without explicit written permission. Our research reports and investment analysis are provided exclusively for your personal use and may not be shared or redistributed.
7. Privacy and Data Protection
We are committed to protecting your privacy and personal information in accordance with the Protection of Personal Information Act (POPIA) and other applicable privacy laws. Our data collection and usage practices are detailed in our Privacy Policy.
By using our services, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy. We implement appropriate security measures to protect your personal and financial information.
8. Limitation of Liability
To the fullest extent permitted by law, SA Passive Income shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or investment losses, resulting from your use of our services.
Our total liability for any claims arising from our services shall not exceed the amount of fees paid by you in the twelve months preceding the claim. This limitation applies regardless of the legal theory on which the claim is based.
9. Termination of Services
Either party may terminate this agreement with 30 days written notice. We reserve the right to terminate services immediately if you breach these terms or engage in fraudulent or illegal activities.
Upon termination:
- You will retain access to any investment accounts you control
- We will provide final portfolio statements and recommendations
- Any prepaid fees for unused services may be refunded on a pro-rata basis
- Our ongoing advisory obligations will cease
10. Governing Law and Dispute Resolution
These terms shall be governed by the laws of South Africa. Any disputes arising from these terms or our services shall be resolved through binding arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa.
Before initiating arbitration, parties agree to attempt resolution through good faith negotiations for a period of 60 days. All arbitration proceedings shall be conducted in English in Johannesburg, South Africa.
11. Regulatory Compliance
SA Passive Income operates in compliance with the Financial Sector Conduct Authority (FSCA) regulations and other applicable South African financial services laws. We are committed to maintaining the highest standards of professional conduct and regulatory compliance.
Our services are provided in accordance with the Financial Advisory and Intermediary Services Act (FAIS) and other relevant legislation governing investment advisory services in South Africa.
12. Communication and Updates
We will communicate with you through the contact information you provide. You agree to notify us promptly of any changes to your contact details. Important notices, including changes to these terms, may be delivered electronically.
By providing your email address, you consent to receive periodic market updates, research reports, and service-related communications. You may opt out of marketing communications at any time while continuing to receive essential service-related notices.
Contact Information
If you have any questions about these Terms of Service, please contact us:
Email: [email protected]
Phone: +27 11 123 4567
Address: 123 Sandton Drive, Sandton, Johannesburg, 2196
Office Hours: Monday - Friday: 8:00 AM - 6:00 PM SAST