1.Introduction
Welcome to Blaketon Financial ("we", "our", "us"). These Terms and Conditions govern the relationship between Blaketon Financial (FSP 45894) and any person or entity ("you", "your", "client") who engages our financial advisory services, whether through our website, in person, telephonically, or by any other means.
By engaging our services, you accept and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must not use our services.
2.Our Services
Blaketon Financial is an authorised Financial Services Provider (FSP 45894) regulated by the Financial Sector Conduct Authority (FSCA) in terms of the Financial Advisory and Intermediary Services (FAIS) Act, No. 37 of 2002.
We provide the following financial advisory services:
- Financial Planning: Comprehensive, personalised financial plans tailored to your unique circumstances and goals.
- Retirement Planning: Guidance on retirement annuities, living annuities, pension funds, and preservation funds.
- Investment Advice: Recommendations on suitable investment products, including endowments, unit trusts, and other investment vehicles, both locally and offshore.
- Risk Protection: Advice on life cover, disability cover, dread disease (severe illness) cover, income protection, and education protection.
- Estate Planning: Assistance with wills, trusts, and estate structuring to protect your legacy and loved ones.
- Corporate Solutions: Group schemes including pension, provident funds, group life, and income protection for businesses.
The specific services rendered to each client will be recorded in a Record of Advice and/or Financial Needs Analysis, which forms part of this agreement.
3.Acceptance of Client Instructions
Before providing any financial advice or recommending any financial product, we will:
- Conduct a thorough financial needs analysis to understand your circumstances, objectives, risk profile, and constraints.
- Provide you with a Record of Advice detailing our recommendations, the reasons for those recommendations, and any product information relevant to your decision.
- Obtain your explicit written or recorded consent before implementing any recommendation on your behalf.
You are responsible for reading and understanding all advice and product documentation before giving consent.
4.Client Obligations
As a client of Blaketon Financial, you are obligated to:
- Provide true, complete, and accurate information regarding your personal, financial, and investment circumstances.
- Notify us promptly of any material changes to your circumstances, objectives, or risk profile that may affect the suitability of existing advice.
- Read and understand all product documentation, policy schedules, and advice records provided to you.
- Make decisions based on the advice provided, and accept responsibility for those decisions.
- Comply with all FICA (Financial Intelligence Centre Act) requirements, including providing valid identification and proof of residence.
Blaketon Financial cannot be held liable for any advice rendered inaccurate due to incorrect, incomplete, or misleading information supplied by you.
5.Fees and Compensation
Blaketon Financial may be compensated in the following ways, depending on the services rendered and products recommended:
- Commission: We may receive commission from product providers when you purchase a financial product through our advice. The commission structure is disclosed in the product documentation and the Record of Advice.
- Advisory Fees: Where applicable, we may charge a direct fee for financial planning and advisory services. All fees will be agreed upon in writing before services are rendered.
- Ongoing Service Fees: For ongoing policy servicing, annual reviews, and long-term client relationships, an agreed service fee may apply.
Transparency: All fees and commission structures will be fully disclosed to you in writing before any advice is provided or product implemented. You have the right to request a detailed breakdown of any commission or fee at any time.
6.Product Providers
Blaketon Financial sources financial products from a range of reputable South African product providers. We are not tied to any single provider and will recommend products that we believe best suit your needs based on our analysis.
Important: We do not guarantee the performance of any financial product. All investments carry inherent risks, including the potential loss of capital. Past performance is not indicative of future results.
7.Conflicts of Interest
Blaketon Financial is committed to managing conflicts of interest fairly and transparently. We will:
- Disclose any actual, potential, or perceived conflict of interest that may arise in the course of providing our services.
- Act in your best interest at all times, in accordance with the FAIS General Code of Conduct.
- Maintain internal policies and procedures to identify, manage, and mitigate conflicts of interest.
8.Confidentiality
We treat all client information with the strictest confidence. Your personal and financial information will not be disclosed to any third party except:
- To product providers where necessary to implement your instructions.
- To regulators, auditors, or statutory bodies where required by law.
- With your explicit written consent.
Please refer to our Privacy Policy for full details on how we process and protect your personal information.
9.Limitation of Liability
While Blaketon Financial takes every reasonable step to ensure that all advice provided is suitable, accurate, and in your best interest:
- We do not guarantee the outcome of any financial product, investment, or strategy recommended.
- We are not liable for any losses arising from market fluctuations, product provider failures, or factors beyond our reasonable control.
- Our liability is limited to the extent permitted by South African law and the FAIS Act.
- We maintain professional indemnity insurance as required by the FSCA.
10.Ongoing Service and Reviews
Where an ongoing service relationship is agreed upon, we will:
- Conduct periodic reviews of your financial plan and existing products to ensure continued suitability.
- Notify you of any material changes in the market, legislation, or product conditions that may affect your arrangements.
- Be available to answer queries and provide guidance on any financial matter within our scope of services.
You are responsible for informing us of any changes in your circumstances between reviews.
11.Termination of Services
Either party may terminate the advisory relationship at any time by providing written notice. Upon termination:
- Blaketon Financial will provide you with all relevant records and documentation pertaining to your account.
- Any outstanding fees or disbursements will become payable.
- Existing financial products will remain in place unless you instruct otherwise in writing.
12.Complaints and Dispute Resolution
Blaketon Financial is committed to providing a high standard of service. If you are dissatisfied with any aspect of our service, please follow this process:
- First Instance: Contact our office directly at [email protected] or +27 11 475 3480. We will attempt to resolve your complaint within 6 weeks.
- Internal Escalation: If unresolved, your complaint will be escalated to our Internal Complaints Officer for further investigation.
- External Escalation: If you remain dissatisfied after our internal process, you have the right to refer your complaint to the FAIS Ombud.
13.Regulatory Compliance
Blaketon Financial operates under and complies with the following South African legislation and regulatory frameworks:
- FAIS Act, No. 37 of 2002 (Financial Advisory and Intermediary Services Act)
- FSCA Regulations and Conduct Standards
- POPIA (Protection of Personal Information Act, No. 4 of 2013)
- FICA (Financial Intelligence Centre Act, No. 38 of 2001)
- Twin Peaks Legislation and relevant financial sector laws
Our FSP number is 45894 and we are subject to ongoing regulatory supervision by the FSCA.
14.Changes to These Terms
Blaketon Financial reserves the right to amend these Terms and Conditions at any time. Any material changes will be communicated to you in writing or published on our website. Your continued use of our services after changes are published constitutes acceptance of the revised terms.
15.Governing Law
These Terms and Conditions are governed by the laws of the Republic of South Africa. Any disputes arising from or in connection with these terms shall be subject to the exclusive jurisdiction of the South African courts.
16.Contact Us
If you have any questions regarding these Terms and Conditions, please contact us: