SECTION A.
BACKGROUND
ARC Africa, is an Asset Re-unification Consulting Company, incorporated in the Republic of Kenya in October year 2014. Its main objectives are to trace on behalf of its clients, assets which are unknown to them with a view to have the said clients have the full benefit of the said assets and to assist financial institutions address the issue of unclaimed assets. These properties are unclaimed because either the legal owners are deceased, estranged, immigrated or simply forgotten. The property usually has a capital value and may also include income.
PROPERTY In this case does not merely refer to land and buildings. ARC AFRICA register to deal with unclaimed property/assets includes, inheritances, dormant bank accounts, insurance benefits, unclaimed pensions, unclaimed shares and dividend, unclaimed deposits in government departments, unclaimed utility bills, unclaimed trust funds, forgotten investments, patent and other intellectual property revenues, corporate assets and any other entitlement that appears to have value but have been lost or forgotten. For simplicity, all of these things are referred to as Property, Assets or Entitlements.
A bulk of these unclaimed assets currently lie or are in the custody of various financial institutions, including banks, insurance companies, listed companies, stock brokers, pension funds, law firms, trust funds, government departments etc. In the fullness of time, all these unclaimed assets will be place in the custody of a custodian appointed by state authority.
ARC Africa, assists to locate the current legal owners of the assets. In cases where the legal owners are deceased or have ceased to exist, theirs heirs or successors shall become the beneficiaries and be entitled to the said assets.
THE SEARCH PROCEDUREUpon receipt of instructions either from a prospective client or custodian of unclaimed financial assets, the instructing party will be required to pay, subscription, registration or search services fees. ARC Africa will then commence a search on its database and may make enquiries on other various databases from relevant institutions as shall be deemed appropriate based on the information provided by the instructing party.
ARC Africa will also verify the identity of the instructing party
ARC Africa will use reasonable efforts to report the results of searches within reasonable time based on the availed information.
Once ARC Africa has traced the owner of the unclaimed asset, he/she will be required to satisfy authentication procedures before collecting any such unclaimed financial assets.
THE CLAIM PROCEDUREWhen the Owner of unclaimed or unclaimed asset is traced, ARC Africa will invite him or her to sign a Fee Agreement to pay an agreed Success Fee if the information provided makes it possible for the Owner to claim the Property/Assets.
On the agreement we will guide the client on the claim procedure. However, if the claim is complex, we may recommend you to appoint an associate of ARC Africa to be your lawyer and assist recover the subject claim. Legal fees will then be agreed upon being nominal percentage of the client’s entitlement.
CLIENT ASSET REGISTERAll instructions received from potential clients will be treated as confidential and will ONLY be revealed to the instructed contacts or persons only.
ARC Africa shall not enforce the list of properties left through CLIENT ASSET REGISTER , the list shall ONLY act as a guide for beneficiaries to trace the said property with ease and protect it from being declared “Unclaimed Assets.” ARC Africa, shall hold the information in confidence until such a time, the client want to retrieve it or after their departure.
ARC AFRICA SERVICE AND RESPONSIBILITY TO YOUSuccess of a search for the unclaimed assets is dependent on many variables. ARC Africa seeks to manage such variables by the use of either the computerized or manual analysis to match information you provided, with information from Custodians. However, such information may be incomplete, outdated or inaccurate in certain respects. As a result, ARC Africa can’t be able to give any guarantee that:
- Any unclaimed assets or entitlements exist;
- Your search for unclaimed asset will give rise to a Match;
- A Match will give rise to any asset to which you are entitled to.
- That there are no other entitlements or claims to any unclaimed asset.
ARC Africa warrants that its service will be provided with reasonable care and skill. All other warranties, representations or terms of equivalent effect that might be implied by law are excluded to the extent permitted by law.
Given the nature of ARC Africa service, its liability to you whether for breach of contract, negligence or otherwise shall not in any event exceed twice the amount of your search or registration fee.
AUTHORITYARC Africa reserves the right to reject a search request. In such event ARC Africa will refund search fee.It is criminal offence to obtain any unclaimed financial asset by deception or even to attempt to do so. ARC Africa respects the privacy of individuals and seeks to guard against any unauthorized access to or misuse of information provided. Therefore, ARC Africa:
- Requires all clients searching for unclaimed assets results to confirm their identity or authority issued in order to receive any notification of results.
- ARC Africa will confine all clients searching for unclaimed assets results to availed information by custodians of unclaimed assets. While ARC Africa will carry out due diligence to identify the owners, it’s for the custodian to also apply their own authentication procedure.
To protect those who are genuinely entitled to the unclaimed assets, ARC Africa reserves the right to notify any concerns it may have as to the propriety of search request to the authority-Police.
SECTION B. TERMS TO USE THIS WEBSITE
The ContentARC Africa or its license owns all the rights (including patents, copyright, database rights and trademarks) all materials contained in the website, and also, on subject to above clause on the information the website collects. In this Section B, ARC Africa refers to all of this as ‘all the content’. Content does not include information or Matches we provide to you as part of the ARC Africa service, which is dealt with in Section A.
You are allowed to:Either view or display content on a computer screen;
Print the pages that may interest you or store the content on your computer disk for your personal use ONLY, You MUST not copy for commercial use, to pass them on, to sell them, to circulate or make income from any of the content without first getting written authorization from ARC Africa.
The content includes a number of trademarks (this includes ARC Africa) that are owned by us. To make our trademarks available on the website does not mean we are giving you any consent to trade with them.
This content is for general information only, and ARC Africa will provide it as it continues to become available. ARC Africa will take reasonable care to verify that the content it receives is accurate and complete. Never the less, because ARC Africa obtains content from several different sources and for the reason of the issues involved with providing information through the Internet, ARC Africa cannot assure or guarantee that content it is supplied with, will always be accurate, available, complete or fit for any particular or exact purpose.
ARC Africa does not assure or guarantee that content is free from viruses, or be able to assure that you will always use our website without any interruptions or errors. If you download any of the content to your computer or take the content from the website in any other way, you do so at your own risk. ARC Africa will not be responsible for any damages to your computer or any of information carried on it.
ARC AFRICA will not take any liability for any errors, mistakes, or any other fault in the website and its content, or for how you use the website and its content.
Nevertheless, nothing in these conditions issued, gives liability to ARC Africa for deaths or personal injuries caused which it cannot limit or exclude under the relevant laws.
Links to other websitesThis website might contain links or connections to product, material or website provided by other organization that are independent from ARC Africa (‘third party’). Though ARC Africa may make this material available, ARC Africa doesn’t recommend, endorse or promote the product. If you have any complaints about the third parties materials ARC Africa avails in the website, you will have to contact the relevant third party. You must not link to this website without first getting ARC Africa written consent.
Products and servicesIt might be possible, through this website, for you to gain access to other facilities to buy products or services from a third party. Nothing on this or other websites that ARC Africa run forms an offer to sell any third parties product or services. How you make purchase and use the product or services will depend on separate terms and conditions, and you may need to register with the concerned third party.
Advertising and sponsorshipPart of this website may contain advertisements and sponsorships materials. Advertisers and sponsors will be responsible to make sure that materials they give ARC AFRICA to include on the website comply with the relevant laws and codes. ARC AFRICA will not be held responsible for any mistakes or inaccurate information linked the advertising material.
Other mattersIf any court that has the appropriate authority finds any of these conditions not valid, it will not affect validity of any other condition contained in this document. If you or ARC Africa fails to take advantage of any of the rights we have under these conditions, it will not mean you or ARC Africa has given up that right.
Governing LawThe performance of this Agreement will be governed by and interpreted in line with laws of the Republic of Kenya and the courts of Kenya shall have sole jurisdiction to settle any dispute that may arise out of or in connection with this agreement.
ARC Africa may make modifications to any part of this website or its content (including terms and conditions) at any time without notice. ARC Africa will make known about any changes to these conditions by showing the date the changes took effect in the ‘Last update’ section below. By using the website after the date ARC Africa makes any changes, you will be agreeing to the changes.
Published: March 2018
Registered Office
ARC Africa, 13th Floor, Delta Corner 2 Chiromo Road, Westlands P. O. Box 102432 – 00101 JAMIA, NAIROBITel: +254 20 21 95 316 Mobile:+254 746 439772, +254-736-572-115 Email: talktous@arcafrica.co.ke Website:www.arcafrica.co.kePaymentsARC Africa,charges Unclaimed Assets Register search a registration fee of kshs 2,000/= (two thousand only) per transaction and a nominal success fee. Secondly, for Client Asset Register, you make a one of payment in either Silver account kshs.15,000/= (Fifteen Thousand Only), Gold account for kshs.58,000/= or Platinum, for high net worth is negotiable with nominal fees for updates after one year. This amount includes VAT.
Payment Methods:Payment to make a search in ARC Africa register can be made online. MasterCard, Visa card, Mpesa, Orange Money, Yu money and Airtel money are all accepted through Jambo pay protocol for search payment.
SecurityARC Africa has secured its website. We have been issued with SSL Certificate. Any information you submit as part of the search or registration is encrypted and protected from disclosure to third parties