Terms & Conditions

This website is operated by Finomatic. (hereinafter referred to as “Finomatic”) Throughout the site, the terms “we”, “us” and “our” refer to Finomatic. who offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site you are agreeing to be bound by the following terms and conditions. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

We may change these terms and conditions at any time. Your continued use of avivittafinserv.com means that you accept any new or modified terms and conditions that we come up with. Please re-visit the `terms and conditions’ link at our site from time to time to stay abreast of any changes that we may introduce. Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes implied acceptance of those changes.

General Terms and Conditions:

  1. The Investment Advisor shall act in the best interest of the Client and their advice and recommendations should be viewed in that light. The advices are given based on the market conditions prevailing at that time and it is always subject to any market risks and hence the returns may fluctuate accordingly. The risk factors may vary with each type of investment in securities and investment products.  Detailed statement of risk factors will be fmentioned in the plan/advice for the suggested securities and investment products:
  2. In the event of Death or Disability of the Client, his legal heirs have an option to either continue or terminate the advisory services. Upon termination of the services, the fee to be refunded will be made to the Legal heirs or the nominee, nominated by the Client.  The Client shall nominate one person for collecting such fee, in the event of death of the client.  The client shall nominate one person and intimate the same to the IA, in his own interest, for the purposes of such continuation or termination of the agreement.
  3. The Investment adviser will disclose all conflicts of interest as and when they arise and not derive any direct or indirect benefit out of the client’s securities/investment products.
  4. Guaranteeing returns on mutual funds, invested company’s listed and unlisted securities; guaranteeing return on gold and silver is in contravention of SEBI guidelines. Hence, the Service Provider does not offer any guarantees on returns.
  5. Investment adviser shall maintain client accounts and data as mandated under the SEBI (Investment Advisers) Regulations, 2013.
  6. The records of interactions, where any conversation related to advice has taken place inter alia, in the form of (i) Physical record written and signed by client  (ii)  Telephone recording  (iii  E-mail; from registered e-mail id.  (iv)  Record of SMS messages (v)  Any other legally verifiable record.,  shall be maintained by the IA for a period of five years. Such records shall begin with first interaction with the client and shall continue till the completion of advisory services to the client.
  7. The Investment adviser shall resolve the grievances of the client within the timelines specified under SEBI Circulars.
  8. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall not be affected thereby.

The Investment Advisor declares that they will adhere to the relevant SEBI Act (SECURITIES AND EXCHANGE BOARD OF INDIA INVESTMENT ADVISERS REGULATIONS, 2013 and amended in 2020) in LETTER AND SPIRIT copy of the Act can be accessed https://www.sebi.gov.in/legal/regulations/jan-2013/securities-and-exchange-board-of-india-investment-advisers-regulations-2013-last-amended-on-july-03-2020-_34619.html

Terms of Fees and billing:

  1.  Fee will be charged on Assets under Advice (AUA) mode
  2.  The maximum fees that may be charged under AUA mode shall not exceed 2.5 percent of AUA per annum per client across all services offered by Investment adviser in capital market.
  3.  Investment adviser shall demonstrate AUA with supporting documents like demat statements, unit statements etc. of the client.
  4.  Any portion of AUA held by the client under any pre-existing distribution arrangement with any entity shall be deducted from AUA for the purpose of charging fee by the Investment adviser.
  5.  In case ‘family of client’ is reckoned as a single client, the fee as referred above will be charged per ‘family of client’;
  6.  The fee is charged on an annual basis.
  7.  The fee agreed by the client and investment adviser, the fee will be charged in advance. However, such advance shall not exceed fees for two quarters.
  8.  The Advisory fee rates may vary based on the regulation by the SEBI during the agreement period and the annexure will be added to this agreement in case of any amendment.
  9.  In the event of premature termination of the IA services in terms of agreement, the client shall be refunded the fees for unexpired period. however, IA may retain a maximum breakage fee of not greater than one quarter fee.
  10. Billing of the fee payable will be done on monthly / quarterly / half yearly basis and the client shall pay the amount within seven days of the bill date/demand raised by the IA, whichever is later.
  11.  The payment of fees shall be through a crossed cheque/Demand drafts or by way of direct credit to the bank accounts of the IA through NEFT/RTGS/IMPS/UPI or any other mode specified by SEBI from time to time. The fee will not be accepted in cash.
  12.  Non-payment of dues within 30 days of the bill date will result in suspension of services.
  13.  The advisory fee is non-negotiable.

Termination:  This Agreement is valid until terminated.  The Agreement may be terminated under the following circumstances:

  1.  Voluntary/mandatory termination by the Investment Adviser.
  2.  Voluntary / mandatory termination by the client.
  3.  Upon suspension/cancellation of registration of IA by SEBI.
  4.  Any other action taken by other regulatory body/Government Authority.

In case of voluntary termination of the agreement, the client would be required to give a 30 days prior written notice while the Investment Adviser would be required to give a 30 days prior written notice.

In case of suspension of the certificate of registration of the Investment Advisor, the client may be provided with the option to terminate the agreement.

AMENDMENTS:    The agreement may be amended/altered/modified by mutual written consent of the parties.

Implications of Amendment and termination:

  1.  Upon amendment of the agreement, the terms of amendment shall be applicable and the fee up to the date of amendment shall be charged under the pre-amended agreement and thereafter, the charges will be applicable as per the amended agreement.
  2.  The Investment Advisor is at liberty to set off the fees received from the client under pre-amended agreement, towards the services offered post-amendment.
  3.  Upon termination of the agreement, the Investment Advisor is at liberty to deduct fee for one quarter and refund the balance fees to the client.
  4.  Upon termination of the agreement, the Investment Advisor can complete the investment in progress and provide transition support to the Client.

ARBITRATION:

Any dispute between the parties shall be settled by way of Arbitration in accordance with the provisions of Arbitration and Conciliation Act 1996.

  • JURISDICTION:

The terms of this agreement are exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction and venue of courts in Bangalore  in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.