Terms and Conditions
4AM Wealth (Pty) Ltd
Authorised Financial Services Provider (FSP 47249)
Category I & Category II FSP
1. ACCEPTANCE OF TERMS
By accessing, using, or purchasing any services, products, digital platforms, consultations, subscriptions, or discretionary portfolio management services offered by 4AM Wealth (Pty) Ltd (“4AM Wealth” / “the FSP”), the client acknowledges that they have read, understood, and agreed to be bound by these Terms and Conditions.
These Terms apply in addition to any signed mandate, application form, or product provider agreement.
2. REGULATORY STATUS
4AM Wealth (Pty) Ltd is an Authorised Financial Services Provider in terms of the Financial Advisory and Intermediary Services Act, 2002 (FAIS).
FSP Number: 47249
Licence Categories: Category I and Category II
Financial services are rendered in accordance with:
• FAIS Act
• General Code of Conduct for Authorised FSPs
• FSCA regulations
• Treating Customers Fairly (TCF) principles
A full FAIS Disclosure Notice, Conflict of Interest Management Policy, and Complaints Resolution Policy are available upon request.
3. NATURE OF SERVICES
4AM Wealth may provide:
• Financial advice
• Intermediary services
• Discretionary portfolio management
• Investment structuring
• Access to model portfolios
• Educational content
• Digital tools and resources
Where financial advice is rendered, it shall be provided by duly authorised representatives under the supervision of the Key Individual.
Educational content does not constitute personalised financial advice unless confirmed in writing.
4. DISCRETIONARY MANDATE AUTHORITY (CATEGORY II)
Where a client enters into a discretionary mandate agreement with 4AM Wealth, the client authorises 4AM Wealth, as a Category II FSP, to manage investments on their behalf within agreed mandate parameters.
This may include:
• Asset allocation decisions
• Security selection
• Portfolio rebalancing
• Switching between instruments
• Cash management
Investment decisions may be executed without prior consultation once discretionary authority has been granted.
All discretionary management is conducted strictly in accordance with:
• The signed mandate agreement
• The client’s risk profile
• Applicable legislation
• The General Code of Conduct
No discretionary authority exists without a signed mandate.
5. CUSTODY OF ASSETS
Client assets remain the property of the client and are held with approved product providers, custodians, or platform administrators.
4AM Wealth does not commingle client funds with its own funds.
Where third-party product providers are used, 4AM Wealth acts as adviser and/or discretionary manager and not as product issuer unless expressly stated.
6. RISK DISCLOSURE
Investing involves inherent risk, including but not limited to:
• Capital loss
• Market volatility
• Liquidity risk
• Counterparty risk
• Strategy risk
• Concentration risk
• Regulatory changes
Past performance is not indicative of future performance.
Under discretionary mandates, clients acknowledge that:
• Portfolio decisions may result in short-term losses
• Market timing cannot be guaranteed
• Investment strategies may underperform benchmarks
Clients must carefully consider their objectives and risk tolerance.
7. NO GUARANTEE OF RETURNS
4AM Wealth does not guarantee:
• Capital preservation
• Profit generation
• Specific investment returns
• Market performance outcomes
All investments carry risk.
8. FEES AND REMUNERATION
4AM Wealth may earn remuneration through:
• Advice fees
• Ongoing management fees (calculated as a percentage of assets under management)
• Performance-based fees (where applicable)
• Commission (where permitted by law)
• Structuring or consulting fees
Management fees under discretionary mandates are typically calculated as a percentage of assets under management and may be deducted periodically as agreed in the mandate.
All fees are disclosed in writing prior to implementation.
9. PLATFORM & EXECUTION RISKS
4AM Wealth shall not be liable for delays or inability to execute transactions arising from:
• Market suspension
• Liquidity constraints
• System outages
• Platform errors
• Cybersecurity incidents
• Regulatory intervention
Execution timing may be affected by market conditions.
10. CLIENT RESPONSIBILITY
Clients acknowledge that:
• Information provided must be accurate and complete
• Failure to disclose material information may impact suitability
• Investment decisions remain subject to market risk
The client indemnifies 4AM Wealth against losses arising from inaccurate or incomplete information supplied by the client.
11. LIMITATION OF LIABILITY
To the fullest extent permitted by law:
4AM Wealth, its directors, representatives, and employees shall not be liable for:
• Market losses
• Indirect or consequential damages
• Losses arising from client decisions made contrary to advice
• Losses caused by third-party product providers
Nothing excludes liability where prohibited by law, including FAIS.
12. FORCE MAJEURE
4AM Wealth shall not be liable for failure or delay in performance due to events beyond reasonable control, including but not limited to:
• Regulatory action
• Market suspension
• Natural disasters
• War
• Civil unrest
• Load shedding
• Pandemic events
13. TERMINATION
The client may terminate the relationship or discretionary mandate by written notice.
4AM Wealth may terminate services:
• For regulatory reasons
• For risk management reasons
• For non-payment of fees
• Where the relationship becomes untenable
Outstanding fees up to termination date remain payable.
Open positions may need to be liquidated in accordance with the mandate.
14. ELECTRONIC COMMUNICATION
The client consents to:
• Communication via email and electronic platforms
• Electronic storage of records
• Use of electronic signatures
Electronic communications shall be deemed valid and binding.
15. INTELLECTUAL PROPERTY
All content, systems, materials, branding, and intellectual property remain the sole property of 4AM Wealth.
The platform is licensed to the user and not sold.
16. PRIVACY
4AM Wealth complies with POPIA.
Personal information is processed lawfully and in accordance with our Privacy Policy.
17. PAYMENT TERMS
Payments may be made via:
• Visa
• Mastercard
• EFT
• Approved third-party processors
All payment gateways are secure and compliant.
18. COMPLAINTS RESOLUTION
Clients may lodge complaints in writing to:
Complaints Officer (Shawn Taljaard)
4AM Wealth (Pty) Ltd
6 Daventry Street
Lynnwood Manor
Pretoria 0181
Email: complaints@4amwealth.co.za
Complaints will be acknowledged within 48 business hours.
4AM Wealth aims to resolve complaints within 6 weeks.
If unresolved, clients may escalate to:
Office of the FAIS Ombud
125 Dallas Avenue
Menlyn Central
Pretoria
012 762 5000
www.faisombud.co.za
Complaints must be referred within 6 months of final response.
19. RECORD KEEPING
All complaints and relevant documentation are retained for a minimum of 5 years and may be inspected by the FSCA if required.
20. GOVERNING LAW
These Terms are governed by the laws of the Republic of South Africa.
South African courts shall have jurisdiction.
21. AMENDMENTS
4AM Wealth reserves the right to amend these Terms from time to time.
Material amendments will be communicated where required.
Continued use constitutes acceptance.
