Regulated by Capital Markets Authority (CMA) and the Office of the Data Protection Commissioner Kenya (ODPC)

Private Wealth Terms and Conditions – Ndovu

Regulated by Capital Markets Authority (CMA) and the Office of the Data Protection Commissioner Kenya (ODPC)

Private Wealth Terms and Conditions

Ndovu Private Wealth Portfolio Management

Parties and Introduction: This forms part of the Investment Management Agreement, with the Client on one side, and Ndovu Wealth Limited (referred to as “the Fund Manager”) located at ABC PLACE, 10th Floor, Waiyaki Way, Nairobi, on the other.

The Client(s) intends to engage Ndovu for managing their investments, subject to the terms and conditions outlined below:

  1. Definitions: In this Agreement, certain terms have specific meanings:

“Financial Assets” are assets like stocks, bonds, rights, certificates, or bank balances that make up the Fund.

“Fund” includes cash, coins, stocks, bonds, and other similar investments, along with income accumulations from the Portfolio, authorized for management by Ndovu

  1. Portfolio Income Handling: Ndovu will manage the Portfolio as directed by the Client(s) and will, among other things:

    1. Invest and reinvest capital within the Portfolio based on agreed investment guidelines.

    2. Reinvest any Portfolio income not needed for benefit payments according to the Client(s)’ instructions.

  2. Client(s)’ Rights: The Client(s) have the following rights related to their portfolio:

    1. To request information about Ndovu Wealth Limited.

    2. To receive income generated by the Client’s Portfolio held by Ndovu on the Client’s behalf.

    3. To receive payment for securities/Investments sold within a specified timeframe.

    4. To review the Fund Manager’s conflict of interest policy.

    5. Complaint and Fair Handling: Clients have the right to lodge complaints, and these complaints will be addressed in a fair and prompt manner.

    6. Non-Exclusion of Duties: Ndovu where it is reasonable cannot, in any written communication or agreement, exclude or limit the following:

  1. Any duty or liability owed to the client(s) under the various laws or regulations.

  2. Any duty to act with skill, care, and diligence when providing regulated services to the client.

  1. Our Obligations:

    1. Provide prompt portfolio statements 

    2. Dispose of Financial Assets upon Client’s written request.

    3. Monitor income collection.

    4. Always act in the Client’s best interest. 

    5. These obligations complement regulations under the Financial services Sector;

  2. Conflicts of Interest:

    1. Parties must act in good faith

    2. Ndovu shall ensure fair treatment for the Client(s) and transactions not materially less favorable.

    3. Neither Ndovu nor Interested Parties are liable to the Client(s) for profit or remuneration from such transactions.

    4. The Client(s) acknowledges potential conflicts may arise due to:

  1. Interested Parties working for other clients.

  2. Interests in entities whose Assets are managed.

  3. Transactions benefiting Interested Parties.

  4. Dealing with Interested Parties on behalf of the Client(s).

  5. Investments instructed by other clients of Interested Parties.

  6. Investments of entities where Interested Parties have roles.

  7. Transactions with Interested Parties.

  8.  Transactions in which Interested Parties have held investments.

  1. Liability:

Ndovu isn’t responsible for loss, damage, or depreciation in the Client’s Portfolio or its investments, except in cases of professional negligence, willful default, or fraud by the Fund Manager or its agents/employees.

  1. Termination:

    1. This Agreement ends when the client withdraws/Liquidates their investments. Additionally, it can be terminated under the following conditions:

    2. Breach of Agreement: Either party can terminate with written notice if the other party fails to rectify a breach within 30 days.

    3. Bankruptcy or Cessation: Termination is automatic upon bankruptcy, cessation, deregistration by the Authority, etc.

    4. By Notice: Either party can terminate with 30 days’ written notice.

    5. Failure to Make Payments: Ndovu can terminate immediately if the Client(s) fail to make required payments.

    6. By the completion of the agreed lock in period/or period of investment unless stated otherwise

  2. Variation of Terms:

The Agreement can be changed in writing, signed by authorized representatives of both parties (Electronic mailing is recognized). 

  1. Non-Exclusivity:


Ndovu’s services are not exclusive to the Client(s). We can provide similar services to others as long as confidentiality terms are upheld.

  1. Notices:

Unless stated otherwise, all communications related to this Agreement must be in writing and sent by mail or hand to the specified addresses. Address changes must be promptly communicated.

  1. Confidentiality:

Ndovu must not disclose information obtained through this Agreement to third parties without written consent from the Client(s) or as required for performance of the Fund Manager’s obligations unless the disclosure is to facilitate the execution as agreed under this agreement or to facilitate offering the said services to the client.

  1. Settlement of Disputes:

Parties will make best efforts to amicably resolve disputes related to this Agreement.

Right of Arbitration:

Unresolved disputes after 30 days may be referred to arbitration, with an arbitrator agreed upon by both parties or appointed by the Chartered Institute of Arbitrators (Kenya). The decision follows relevant statutory provisions.

Right of Appeal:

Dissatisfied parties have the right to appeal to the High Court of Kenya after arbitration.

  1. Assignment:

This Agreement isn’t assignable but binds successors and assigns on behalf of the Client(s) and the Fund Manager.

  1. Governing Law:

This Agreement is governed by and construed under the laws of the Republic of Kenya.

ndovu is a regulated roboadvisory platform owned and run by Ndovu Wealth Limited (“Ndovu”). Ndovu is licensed by the Capital Markets Authority (Kenya) as a Fund Manager and is also regulated by the Institute of Certified Investment & Financial Analysts (ICIFA), the Communications Authority, and the Nairobi Securities Exchange. Ndovu is a registered trademark.” “Investment involves risk. The value of investments and the income from them can go down as well as up and you may not get back the amount originally invested.”

Last Updated: April 15th 2021 These terms of use (“Terms and Conditions”) mandate the terms on which the users (“You” or “Your” or “User”) access and register on the website and/or mobile application ‘Ndovu’ operated and managed by Ndovu Inc., its affiliates and its group entities, together referred to as “Company” or “We” or “Us”, collectively referred to as, “the Platform”. Ndovu is a registered trademark of Ndovu wealth Limited. Advisory services provided by Ndovu wealth Ltd, a CMA-registered investment adviser. US-traded securities are provided to Ndovu users by Interactive Brokers LLC, a regulated member of FINRA/SIPC. Interactive Brokers is a member of SIPC, which protects securities customers of its members up to $500,000 (including $250,000 for claims for cash). Explanatory brochure available upon request or at Investments in securities: • No Bank Guarantee • May Lose Value. Investing in securities involves risks, and there is always the potential of losing money when you invest in securities. Before investing, consider your investment objectives and Ndovu wealth Ltd charges and expenses. Ndovu wealth Ltd’s internet-based advisory services are designed to assist clients in achieving discrete financial goals. They are not intended to provide comprehensive tax advice or financial planning with respect to every aspect of a client’s financial situation and do not incorporate specific investments that clients hold elsewhere. Past performance does not guarantee future results, and the likelihood of investment outcomes are hypothetical in nature. Not an offer, solicitation of an offer, or advice to buy or sell securities in jurisdictions where Ndovu wealth Ltd is not registered. For further details see our Legal Disclosures. By using this website, you accept our (Terms of Use) and (Privacy Policy) and (Data Protection Policy).