FinGlobal Referral Programme – Terms and Conditions
Welcome to the FinGlobal Referral Programme. Please familiarise yourself with the following terms and conditions.
1.1. Promoter: FinGlobal Migration (Pty) Ltd (“FinGlobal”) is a registered financial services provider with the Financial Sector Conduct Authority (FSCA) (FSP number 42872) and is governed by the Financial Advisory and Intermediaries Services Act, 37 of 2002 (“FAIS”)
1.2. Ambassador: One of the following participants within the FinGlobal Referral Programme:
1.2.1. FinGlobal Employees: Any person currently employed by FinGlobal (Pty) Ltd.
1.2.2. FinGlobal Clients: All current clients of FinGlobal (Pty) Ltd.
1.2.3. Affiliates: Any individual (excluding employees and clients) that wants to participate in the FinGlobal Referral Programme.
1.2.4. Business Affiliates: Any company that wants to participate in the FinGlobal Referral Programme.
1.3. Referral: The person who has been referred by the Ambassador.
2. IMPORTANT INFORMATION
2.1. The Promoter is and shall remain the owner of all the right, title and interest in and to all the intellectual property (including but not limited to copyright, patents, licences, marks, trade names) pertaining to the name FinGlobal, its business processes, documents created and used in connection with its services, brands, logos, databases, websites and any marketing and advertising materials used.
2.2. The Promoter undertakes to comply with all applicable legislation, including but not limited to: FAIS, the Protection of Personal Information Act 4 of 2013 (“POPI”), the Financial Intelligence Centre Act 38 of 2001 (“FICA”).
2.2.1. All information furnished to the Promoter from the Ambassadors is treated as confidential and shall only be used for rendering the financial services that the Referral requests.
2.2.2. The Promoter shall not disclose any confidential information obtained from a Referral unless the prior written consent has been obtained from the Referral or disclosure are required in terms of any law.
2.2.3. The Promoter shall not alter any documentation received from a Referral without the prior
written consent from the Referral.
2.2.4. The Promoter shall never ask a Referral to sign a document in blank.
2.2.5. A Referral must ensure that the product or transaction suggested to them meets their needs and that they have all the information necessary to make a decision.
2.2.6. The Promoter will never request an Ambassador or Referral to waive the rights conferred upon them in terms of the General Code of Conduct.
3. CONFIDENTIALITY, UNDERTAKINGS AND INDEMINITES
The Ambassadors will able to register for the FinGlobal Referral Programme via an online “portal”. No fixed terms required to register as an Ambassador, therefore no notice periods, termination clauses or breach clauses.
3.1. The Ambassadors agree that all information received by them regarding the business or processes of the Promoter or any information relating to Referrals shall be kept confidential and they agree that they shall not disclose this confidential information to any third party for any reason or purpose whatsoever, without the prior written consent of the Promoter.
3.2. The Ambassadors will be required to obtain consent from the Referral prior to providing the Promoter with the Referral’s contact information (name, surname, contact number, email and country), authorising the Promoter to contact them telephonically or via email.
3.3. Referrals will receive an email confirming the name of the Ambassador that referred them and that the Promoter will be contacting them.
3.4. The Ambassadors will ensure that they comply with all privacy legislation and regulations in place in their country.
3.5. The Ambassadors agrees that they will actively promote the services referred to and agrees that only advertising and promotional materials supplied by the Promoter will be used.
3.6. The Ambassadors undertakes that they will act with the utmost good faith and that they will not act in any way that may adversely affect the good reputation of the Promoter.
3.7. The Ambassadors agree that they are not authorised in terms of South African legislation to furnish Referrals with any financial or emigration advice and hereby agree that they shall not render any advice but shall refer all queries to the Promoter for them to furnish the advice directly to the Referral.
3.8. Financial advice can only be rendered by a representative of the Promotor who has the suitable qualifications and experience, and duly authorised to provide advice and intermediary services under FinGlobal Migration FSP license.
3.9. The Ambassadors hereby indemnify and holds the Promoter harmless against any claim made by a Referral on their heirs or successors in title which may arise because of advice given to the Referral by the Ambassador.
3.10. The Ambassadors agree that they shall not offer or render any global financial migration services to their Referrals in competition with the Promoter.
3.11. The Ambassadors hereby warrant that they have complied with all licensing requirements and any other requirements imposed by any Regulatory agency or in terms of their countries legislation and that they have obtained all necessary approvals.
3.12. The Ambassadors hereby indemnify and hold the Promoter harmless against any claim arising because of a breach of warranty as set out in clause 3.11 above.
4.1. The Ambassador will receive a commission of 5% of the fee value, only when a Referral makes use of the Promoters services.
4.2. Applicable to all the Promoter’s services, but only on the initial engagement. Thus, meaning the Referral must be a New Client and not a previous or current client of the Promoter.
4.3. Payment will be made to the Ambassador within 30 days after the Referral has accepted the Promoter’s service (“solution started”).