Terms & Conditions
Detailed Description of Goods and ServicesFundhouse delivers service to financial advisers, our products and services include:
- Investment Advisory
- Online Course Membership
- Practice Management Courses
- Business Assessments
- Client Surveys
- Analysis Tools
- Practice Valuations
- Consultancy Engagements
Who you are contracting with:www.fundhouse.co.za (the "Website") is operated by Fundhouse Adviser (Pty) Limited (registration number 2012/068696/07) (hereinafter referred to as "Fundhouse"). Visitors to the Website ("Users" or "you"), including those Users who purchase any products/services on the Website ("Purchasers") are bound by these terms and conditions ("T&C"). If you do not agree to these T&C, please do not continue using the Website. Your continued use of the Website will constitute acceptance of the T&C, unmodified by you.
Binding AgreementA binding agreement comes into effect between you and Fundhouse when:
- you electronically submit a properly completed order for one or more products/services and
- payment is either authorised, or received by Fundhouse in its bank account.
Termination of AgreementDue to the nature of the goods/services being offered, once you and Fundhouse have concluded a binding agreement in relation to any products/services purchased on the Website, both parties will be bound until such time as we have completed our respective obligations as provided under this agreement. All remedies in relation to the goods/services shall be determined in accordance with this agreement, subject to the provisions of the Electronic Communications and Transactions Act and the Consumer Protection Act as they relate to cooling off periods and the right you have to cancel the agreement within 7 days of concluding it.
Early termination termsShould a registered paying member of either the Adviser Programme or Adviser Online choose to cancel their membership prior to the end date (refer to "Membership costs and term of membership" for description of relevant dates) then an early termination fee will be liable. Refer below for specifics regarding each membership type:
ProgrammeThe programme cost is calculated based on external costs of venues and guest speakers for the duration of the programme. This is then accommodated with a monthly payment structure. If a member is unable to continue in their own capacity they are able to send another member from their practice for the remaining modules. In this event the existing online account for the cancelling member is closed and a new account created for the new member taking over. There are then no additional monies due and the monthly contract still applies. Should the cancelling member wish to cancel outright then 50% of the remaining total balance is due.
OnlineCancellation requested prior to the 12 month initial terms will require the member to pay a once off early cancellation fee of 50% of the remaining total balance.
Overdue accountsInterest will be levied on all overdue accounts at 2% above the prime interest rate. Such interest shall be calculated monthly in advance, on the first date of each succeeding month, on the outstanding balance due by the Customer to Fundhouse and for the period during which such balance remains due, owing and payable. For the purposes of this agreement, an account is deemed to be overdue if not settled within the first 30 day period. Fundhouse reserves the right to suspend an overdue account should the member refuse to pay. Suspended account holders will no longer have access to the Online website facility and, should they be a programme member, will be unable to receive programme material and attend contact sessions until such time as all monies owing have been settled in full.
Governing Law and JurisdictionThis Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the "Disputes" clause of these T&C, you and Fundhouse submit to the non-exclusive jurisdiction of the South African courts.
SecurityAny person who delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that Fundhouse suffers any damage or loss. You agree and warrant that your log-in name and password shall:
- be used for your personal use only; and
- not be disclosed to any third party.
Spiders and CrawlersNo person, business or web site may use any technology to search and gain any information from this Website without the prior written permission of Fundhouse. Such permission could be obtained from email@example.com.
HyperlinksNo person, business or web site may link to any page on this Website without the prior written permission of Fundhouse. Such permission could be obtained by contacting firstname.lastname@example.org. Hyperlinks provided on this Website to non-Fundhouse sites are provided as is and Fundhouse does not necessarily agree with, edit or sponsor the content on such web pages.
FramingNo person, business or web site may frame this site or any of the pages on this Website in any way whatsoever.
Changes to AgreementFundhouse may change these T&C or any part thereof at any time with notice to you. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website.
DisputesSave for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Fundhouse on any matter provided for in, or arising out of these T&C, and not resolved through the Director of Adviser Services of Fundhouse, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Cape Town in English.
Address for Delivery of Important Documents and CommunicationsFundhouse chooses as its domiciliumcitandietexecutandi (ie its address) for all purposes under these T&C, whether in respect of court process, notice, or other documents, the following address: 5th Floor Montclare Place, Cnr Campground and Main Road, Claremont 7708, South Africa. For all communications of an operational nature or in relation to which you require assistance with regard to this website or the services/products must be addressed to email@example.com
Term and TerminationThese T&C shall commence from the date on which they are published on the Website and continue indefinitely, as amended by Fundhouse from time to time, for so long as the Website exists and is operational, Fundhouse being entitled to terminate these T&C and/or shut down the Website at any time.
Electronic CommunicationsWhen you visit the Website or send e-mails to Fundhouse, you consent to receiving communications from Fundhouse electronically and agree that all agreements, notices, disclosures and other communications sent by Fundhouse satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing".
InformationThe Electronic Communications And Transactions Act states that when we offer goods or services by way of certain electronic transactions, we must make the following information about us available to you: Full name: Fundhouse Adviser (Pty) Limited , registered in South Africa, registration number 2012/068696/07
Main business: Provision of Practice Management services to Financial Services Providers (FSP's)
Physical Address: 5th Floor Montclare Place, Cnr Campground and Main Road, Claremont 7708, South Africa
Postal Address: 5th Floor Montclare Place, Cnr Campground and Main Road, Claremont 7708, South Africa
Contact telephone number: +27 21 670 3340
A copy of these terms and conditions are available on the Fundhouse website at:
Termination of ServicesWithout prejudice to any other rights or remedies in law, Fundhousemay cancel any one or more of your products/services forthwith if you breach any of your obligations hereunder and we may refuse to accept any further requests from you.
Payment Terms and ConditionsYour order represents an offer to Fundhouse to purchase the products/services which is accepted by Fundhouse when we send you an e-mail confirming acceptance of your order. A legally binding contract between us is created at the point of our acceptance of your order. Fundhouse reserves the right to choose not to accept your order for any reason, at its discretion, and will not be liable to you or anyone else in those circumstances. The supply of products/services is subject to availability and where you are situated more than 100 kilometres outside a metropolitan area, then the business consultancy visit can be other than on-site.
PricesThe price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed. The amount displayed is in South African Rands (ZAR) and is exclusive of VAT. Prices may change at any time prior to (but not after) acceptance of your order.
Value Added TaxValue added tax at the prevailing rate is charged on goods and services bought by South African residents. Value added tax at a rate of 0% is charged on goods and services bought by non-South African residents.
ErrorsFundhouse shall take all reasonable efforts to accurately indicate prices. However, should products be erroneously offered at incorrect prices, Fundhouse will not be obliged to sell products at such incorrect prices and shall only be liable to refund monies paid should you not wish to proceed with the purchase at the correct price.
Payment MethodsPayment is accepted via Debit Order only. This excludes private stop orders. Members must complete the Fundhouse Debit order mandate which must be signed and received by Fundhouse before your order can be confirmed and your account activated. Up front payments can be accommodated with a once off Electronic Funds Transfer (EFT), details are available on request. On receipt of payment each month, an e-mail containing your invoice will be sent to the e-mail address you provide in your order details. Fundhouse reserves the right to choose not to accept your order for any reason, at its discretion, and will not be liable to you or anyone else in those circumstances. The supply of products/services is subject to availability and Fundhouse may elect not to offer a product if there is insufficient demand in a particular region for a product to be offered.
ResponsibilityFundhouse takes responsibility for all aspects relating to the transaction including sale of goods and services on this website, customer service and support, dispute resolution and delivery of goods
Refund PolicyA refund will be considered where the user has exercised a 7 day cooling off period termination right subsequent to their placing of an order
Terms and Conditions pertaining to Client MembershipWhen making an application to become a Fundhouse client, users agree that:
- They will be irrevocably bound by the terms and conditions applicable to the use of this web site;
- They will provide full and accurate information;
- On registration the user will provide a username and password (unless the order is for the programme in which event the username and password will be provided)
- Registration is for a single user and a member's username and password cannot be shared with any other person;
- A single username and password cannot be used to allow multiple access to other users over a network;
- Members warrant that they will at all times act in accordance with these T&C and agree to indemnify Fundhouse in the event that they breach these T&C.
- impersonate any other person or use a false or unauthorised name so as to create a false identity and/or e-mail address or to misrepresent themselves;
- modify, access or make available any data stored on a computer device which has been accessed through the web site owner's network;
- make available or upload files that contain software or any other material not owned or licensed to the member;
- make use of the web site to collect, harvest or otherwise obtain personal information relating to other users or members.