Most Important Terms and Conditions (MITC)

(For Investment Advisors)

1. The Investment Adviser (IA) shall only accept payments towards its fees for Investment Advisory Services and is not permitted to accept funds or securities in its account on the client’s behalf.

2. The IA does not guarantee returns, accuracy, or risk-free investments. All advice is subject to market risks, and there is no assurance of any returns or profits.

3. Any assured/guaranteed/fixed returns schemes or any other schemes of similar nature are prohibited by law. No scheme of this nature shall be offered to the client by the IA.

4. Investment advice, only related to securities shall fall under the purview of SEBI. In case of any services offered by IA related to products/services not under the purview of SEBI, IA shall make disclosure to the client and take appropriate declaration and undertaking from the client that such products/services and the services of IA in respect of such products/services do not come under regulatory purview of SEBI and that no recourse
is available to the client with SEBI for grievances related to such products/services or services of IA in respect of such products/services.

5. This agreement is for the investment advisory services provided by the IA and IA cannot execute/carry out any trade (purchase/sell transaction) on behalf of the client without his/her/its specific and positive consent on every trade. Thus, the client is advised not to permit IA to execute any trade on his/her/its behalf without explicit consent.

6. The fee charged by IA to the client will be subject to the maximum of amount prescribed by SEBI/Investment Adviser Administration and Supervisory Body (IAASB) from time to time (applicable only for Individual and HUF Clients).
Note:
(i) The current fee limit under Fixed Fee mode is Rs 1,51,000/- per annum per family of client. Under Assets under Advice (AUA) mode, maximum fee limit is 2.5 per cent of AUA per annum per family of client.
(ii) The IA may change the fee mode at any time with the client’s consent; however, the maximum fee limit in such cases shall be higher of fee limit under the fixed fee mode or 2.5 per cent of AUA per annum per family of client.
(iii) The fee limits do not include statutory charges.
(iv) The fee limits apply only for investment advice related to securities under purview of
SEBI.
(v) The fee limits do not apply to a non-individual client / accredited investor.

7. IA may charge fees in advance if agreed by the client. Such advance shall not exceed the period stipulated by SEBI; presently it is maximum two quarters. In case of pre- mature termination of the IA services by the client or the IA, the client shall be entitled to seek refund of proportionate fees only for unexpired period. However, IA is entitled to retain a maximum breakage fee of not greater than one-quarter fee.

8. Fees to IA may be paid by the client through any of the specified modes like cheque, online bank transfer, UPI, etc. Cash payment is not allowed. Optionally the client can make payments through Centralized Fee Collection Mechanism (CeFCoM), managed by BSE Limited (i.e. currently recognized IAASB).
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9. The IA is expected to know the client’s financial details for providing services. Hence, the client is required to share the financial information (e.g. income, existing investments, liabilities, etc.) with the IA.
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10. The IA is required to carry out the client’s risk profiling and suitability analysis before providing services and thereafter on an ongoing basis. The services provided will be in line with the assessed risk profile. IA shall also communicate the assessed risk profile to the client.
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11. As part of conflict of interest management, the client or the client’s family members will not be provided any distribution services by IA or any of its group entity/ family members. IA shall, wherever available, advice direct plans (non-commission based) of products only. The IA shall endeavor to promptly inform the client of any conflict of interest that may affect the services being rendered to the client.

12. For any grievances,
Step 1: The client should first contact the IA using the details on its website or following
contact details:


Step 2: If the resolution provided by IA is unsatisfactory, the client can lodge grievances through SEBI’s SCORES platform at www.scores.sebi.gov.in

Step 3: If the client remains dissatisfied with the outcome of the SCORES complaint, the client may consider the Online Dispute Resolution (ODR) through the Smart ODR portal at https://smartodr.in
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13. The SEBI registration, enlistment with IAASB, and NISM certification do not guarantee the performance of IA or assure returns to the client.
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14. Clients are required to keep contact details, including email id and mobile number/s updated with the IA at all times.
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15. The IA shall never ask for the client’s login credentials and OTPs for the client’s Trading Account, Demat Account and Bank Account. Never share such information with anyone including IA.


After reviewing the Terms and Conditions stated above and making the payment of the fees, it shall be deemed that the investor (hereinafter referred to as the "Payee") has given their clear consent to the points shared below:

The consent of the client on the following understanding:
"I / We have read and understood the terms and conditions of Investment Advisory services provided by the Investment Adviser along with the fee structure and mechanism for charging and payment of fee. Based on our written request to the Investment Adviser, an opportunity was provided by the Investment Adviser to ask questions and interact with 'person(s) associated with the investment advice."


Declaration on Behalf of Samar Wealth Advisors:
This declaration is made by Samar Wealth Advisors, a SEBI-registered Investment Advisory Firm [Registration No. INA000019345], to outline the terms and conditions under which investment advisory services shall be rendered to the client.

• Advisory Services and Fees: We will neither render any investment advice nor charge any fee until the client has signed this agreement. This ensures that both parties have a clear understanding of the terms of the advisory relationship before any services are provided.
• Management of Funds and Securities: We will not manage funds and securities on behalf of the client. We will only receive such sums of monies from the client as are necessary to discharge the client's liability towards fees owed to the Investment Adviser. This ensures transparency and adherence to regulatory guidelines, preventing any potential conflicts of interest.
• Nature of Investment Advice: We will not, in the course of performing its services to the client, hold out any investment advice implying any assured returns, minimum returns, target return, percentage accuracy, or service provision till the achievement of target returns. Additionally, the Investment Adviser shall not use any nomenclature that gives the impression to the client that the investment advice is risk-free and/or not susceptible to market risks, or that it can generate returns with any level of assurance.

This declaration ensures that the client is fully aware of the inherent risks associated with investment activities and understands that the performance of investments can vary due to market conditions.

Terms & Conditions

Terms and Conditions Regarding Payment of Fees:

1. Responsibility for Payment
   • It is the User's responsibility to make all necessary payments for the Fee in advance.
2. Payment Gateway Service
   • The online payment facility provided by SAMAR WEALTH ADVISORS is not a banking or financial service but merely a facilitator for ease of payment (the “Payment Gateway Service Provider”). The Payment Gateway Service Provider facilitates online payments, collection, and remittance of money for transactions on the SAMAR WEALTH ADVISORS Website by using existing authorized banking infrastructure and credit card payment gateway networks. By providing such payment facilities through the Payment Gateway Service Provider, SAMAR WEALTH ADVISORS is neither acting as a trustee nor in a fiduciary capacity with respect to the payments made by the User for the purchase of Services on the Website.
3. Processing Time
   • The User understands and agrees that all payments made through the Payment Gateway Service Provider shall take one to two (1-2) working days to be processed. The User shall make the payment of the applicable Fee through the Payment Gateway Service Provider at their own risk. SAMAR WEALTH ADVISORS shall not be responsible for any failure or delay in processing the Fee paid by the User through the Payment Gateway Service Provider.
4. Liability Disclaimer
   • While using any of the payment methods available on the Website, SAMAR WEALTH ADVISORS will not be responsible or liable for any loss or damage arising directly or indirectly to the User due to:
     • Lack of authorization for any transactions;
     • Any payment issues arising out of the transaction;
     • Decline of such transactions for any reason;
     • Use, or inability to use the payment page maintained by the Payment Gateway Service Provider.
5. Liability for Payment Gateway Issues
   • SAMAR WEALTH ADVISORS shall not be liable for any loss or damages suffered by the User due to any failure, delay, or interruption by the Payment Gateway Service Provider, including but not limited to partial or total failure of any network terminal, data processing system, computer tele-transmission, telecommunications system, or other circumstances solely in the control of the Payment Gateway Service Provider.