Terms and Conditions
1. Each contract will be allocated a new contract account number and agreement and each client will be identified via their ID number
2. Deposit/s must be made electronically into the account of the BRANSON CAPITAL
3. Dividend will only be calculated on the actual amount deposited and from the actual date of deposit
4. Your dividend will be transferred into your nominated bank account as per the above details listed in the Contract Agreement
5. A notice of 60 days must be given to have funds drawn out of the contract account, however capital can only be accessed after 6 months from the start date, once withdrawal has been initiated the contract will be changed to the new amount less withdrawal and will institute a new rate of return
6. A penalty will be levied against any withdrawals from the investment. The penalty will be calculated in the following manner: - PENALTY: INITIAL CAPITAL LESS 10% LESS ANY PAYOUTS
7. On the maturity date the initial contract will be transferred to your nominated bank account OR if stipulated 30 days prior to maturity date the original capital can be re-invested at the rate agreed upon on the initial contract
8. The rates are fixed and will remain the same for the duration of the contract.
In these terms and conditions, unless the context requires otherwise:
1.1 the account means the client’s contract account to which these terms and conditions apply.
1.2 the agreement means the agreement between the parties as constituted by these terms and conditions and those contemplated in clauses 13 and 14.
1.3 the company means BRANSON CAPITAL with registration number 2018/473820/07
1.4 the client means the applicant whose details are set out in the application form.
1.5 dividend paid in arrear means dividend that is paid on a monthly basis after capital is vested
1.6 market rate means the rate that is determined by market circumstances, including but not limited to the prevailing supply of and demand for money, competitor activities and BRANSON CAPITAL funding requirements
1.7 party means Branson Capital or the client.
1.8 product specifications means specific features of products offered by BRANSON CAPITAL, including but not limited to minimum deposits.
1.9 source account means the account from which the capital/additional capital shall be debited as authorised by the client for the purposes of recontract.
2. CONTRACT RECORD
2.1 When a contract account is opened (or at any later stage) BRANSON CAPITAL will issue a contract record containing terms and conditions applicable to the product chosen by the client.
2.2 The contract record will be issued in the name of the account holder.
3.1 If any negotiable instrument (e.g. a Cheque) is deposited and/or an Electronic Funds Transfer is made into the contract account, the proceeds will be credited to the clients account.
3.2 The proceeds will only be available as cash when the negotiable instrument has been honoured (within 10 (ten) consecutive days). If the negotiable instrument is dishonoured the agreement will be void ab initio and the contract account will be debited accordingly. BRANSON CAPITAL will thereafter return the negotiable instrument back to the client at his own risk.
3.3 If any Electronic Funds Transfer (EFT) does not reflect in the contract account within ten (10) days of the said contract being signed, the agreement will be void ab initio and a new agreement will need to be concluded if the funds reflect in the contract account after the 10 (ten) day period has lapsed.
3.4 Dividend will only start accumulating from the date on which the initial deposit is made (if this differs from the opening date of the account).
3.5 Where funds are deposited into a Branson Capital contract account from another bank, the client will earn dividends from the date that the funds reflect in the contract account and not from the date that the transaction is processed.
4. CHOICE OF PRODUCT
The client must choose the product he wishes to invest in. BRANSON CAPITAL will not provide any income tax or any other advice pertaining to this choice, and the client should seek independent tax advice from a suitably qualified consultant.
5.1 BRANSON CAPITAL is entitled to determine, at its discretion, the dividend rates applicable to contract products. These rates are available on request and are always quoted on an annual basis.
5.2 In the event that the date of the initial deposit differs from the date of opening of the account, and a rate change has occurred in the interim period, the dividend rate applicable will be the rate as at the date of the initial deposit (and not the date on which the account was opened).
5.3 If the dividend payment date is a Sunday or public holiday, the dividend will be paid out on the next business day.
5.4 The client is entitled, subject to product specifications, to choose the frequency at which dividend has to be paid out. Dividend can be paid out monthly, annually or on the expiry date of the contract period, depending on the product type into which the funds are deposited.
5.5 Where dividend is paid monthly, the dividend payment day may not be changed and where the 'dividend paid in advance' option has been selected, this may not be changed to 'dividend paid in arrear', or vice versa, during the term of the deposit.
6. EARLY WITHDRAWAL
6.1 Where required by law and otherwise at BRANSON CAPITAL’s discretion, the client may request the early withdrawal of contracts. BRANSON CAPITAL is entitled to charge the client an early-withdrawal penalty (refer to point 6 of the Ts and Cs) fee for such early withdrawals. The client acknowledges that this early-withdrawal fee constitutes a reasonable cancellation penalty in respect of such contracts as per contract.
6.2 The early-withdrawal will be calculated by using the formula as stipulated in the contract. (refer to point 6 of the Ts and Cs)
7. CESSION OF CONTRACTS
The client may not pledge or cede his rights arising from his contract as security for loans without the consent of BRANSON CAPITAL.
8. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION
The client’s personal information will be treated as confidential and will not be disclosed, except in the following circumstances:
8.1 when BRANSON CAPITAL is legally compelled to do so;
8.2 where it is in the public interest to disclose;
8.3 where BRANSON CAPITAL’s dividends require disclosure;
8.4 where disclosure is made at the client’s request or with the client’s written consent.
9. DOMICILIUM CITANDI ET EXECUTANDI
9.1 For all purposes under this agreement the parties choose the following addresses as their respective domicilia citandi et executandi:
9.1.1 BRANSON CAPITAL: Unit 2, Frosterley Crescent, La Lucia Ridge, Umhlanga, Durban, KwaZulu-Natal.
9.1.2 the client: as stated in contract under Client Contact Details.
9.2 Any legal process to be served on any party may be served on that party at the address specified in clause 9.1.
9.3 Any notice or other communication to be given to any party in terms of this agreement will be valid and effective only if it is given in writing.
9.4 A notice to any party that is delivered to the party by hand at the address specified in clause 9.1 will be deemed to have been received on the day of delivery, provided it was delivered to a responsible person during ordinary business hours.
9.5 Notwithstanding anything to the contrary in this clause 9, a written notice or other communication actually received by any party will be deemed to be adequate notice or communication to such party, even if such notice or communication was not sent to or delivered at the address specified in clause 9.1.
9.6 Any party may, by written notice to the other party, change the address specified in clause 9.1 to any other address (other than a post office box number), provided that the change will become effective on the seventh day after receipt of the notice.
9.7 It is the client's responsibility to ensure that BRANSON CAPITAL is kept informed of any changes to personal information, including address and contact details.
Subject to applicable law, BRANSON CAPITAL will not be liable to the client for any damage or loss which the client may suffer as a result of:
10.1 any person (due to the client’s negligent action or omission) gaining unauthorised access to any information or data;
10.2 incorrect information being given to any person, including any credit bureau (provided that such information is not BRANSON CAPITALS's information and is sourced from a third party).
BRANSON CAPITAL may, at its discretion, close the account at any time, but may not do so without giving the client reasonable prior notice at the address specified in clause 9.1.2. However, in the case of fraud or suspected fraud on the account, BRANSON CAPITAL reserves the right to protect its dividends if it has to act against the client.
12. AMENDMENT OF TERMS AND CONDITIONS
12.1 BRANSON CAPITAL may, at its discretion, change any of the terms and conditions contained herein at any time. BRANSON CAPITAL will give notice of material changes by written notice.
12.2 Any change to the terms and conditions does not constitute a novation of the agreement or of any previous obligation by BRANSON CAPITAL.
13.1 At the option of BRANSON CAPITAL any claim arising hereunder may be recovered in any magistrate's court having jurisdiction, notwithstanding the amount of the claim, and the client hereby consents to the jurisdiction of the magistrate’s court.
13.2 Should an attorney be instructed to collect any overdue amounts or to take any legal proceedings against a client, the client shall pay the attorney’s fees, on the attorney and client rate, including collection commission, arising therefrom.
14. GENERAL TERMS
14.1 Before opening the account, BRANSON CAPITAL may follow up references or otherwise satisfy itself as to the client’s identity, proof of residence and suitability as an accountholder. BRANSON CAPITAL may refuse to open an account or accept a deposit.
14.2 If BRANSON CAPITAL allows the client any latitude or extension of time, this is not and must not be understood as a novation or waiver of BRANSON CAPITAL’s rights in respect of these terms and conditions, and it will also not be, or be the cause of, a defence of estoppel against Branson Capital.
14.3 These terms and conditions, read with the application, as changed or replaced by BRANSON CAPITAL from time to time, together with any other additional terms and conditions, as changed or replaced by BRANSON CAPITAL from time to time, will, together with the contract record, form the whole agreement between the parties in connection with the contract account.
14.4 The client hereby agrees that the application, read together with these terms and conditions, was accepted by BRANSON CAPITAL.
14.5 Product specifications, as changed by BRANSON CAPITAL from time to time, will apply to the agreement.
14.6 The terms of this agreement will be deemed to be, in respect of each part, entire, separate, severable and separately enforceable in the widest sense from the rest of the agreement.
14.7 Should any provision of this agreement be found by any competent court to be defective or unenforceable for any reason whatsoever, the remaining provisions of this agreement will continue to be of full force and effect.
In this Agreement:
15.1 clause headings are for convenience and are not to be used in its interpretation;
15.2 unless the context indicates a contrary intention, an expression which denotes:
15.2.1 any gender includes the other genders;
15.2.2 a natural person includes a juristic person and vice versa;
15.2.3 the singular includes the plural and vice versa; and
15.3 any number of days will be determined by excluding the first and including the last day or, where the last day falls on a day that is not a business day, the next business day.
16. FIXED-TERM CONTRACTS
16.1 The minimum amount for opening a fixed-term contract account is such an amount as decided by BRANSON CAPITAL, and at its discretion, may determine from time to time.
16.2 If BRANSON CAPITAL does not receive formal recontract or capital disposal instructions, it will reinvest such deposits for a similar term but at the dividend rate applicable to the contract at the time of recontract.
16.3 The frequency at which dividend is paid may not be changed once the account is opened. Capitalisation can only be done on expiry of the contract.
16.4 The client may choose to have the capital and/or dividend paid into any bank account.
16.5 The capital and/or dividend may not be paid out in cash.