ADDITIONAL TERMS OF BUSINESS
1. COMMENCEMENT DATE
This Terms of Business comes into effect on the date you receive
it from us and are read in conjunction with the Keyfacts about our
services.
2. OUR FIRM (referred to as “we” or “us”
in this document)
We are bound by the rules of and authorised by the Financial Services
Authority (FSA)
3. OUR SERVICES TO YOU
We offer you advice based solely on the information provided by
you, and as we are not tied to any insurance company.
We shall only ever recommend a course of action if we believe it
to be suitable for you. If you want to restrict the area of advice,
you can confirm this at the first interview or at any time. Otherwise,
we can advise on the following services as regulated by the FSA:
life assurance; pensions; investments; mortgages and general insurance.
We do not provide advice in relation to individual share and gilt
holdings.
The FSA does not regulate the advice on all the products and services
we provide; these include some forms of life and illness protection
or general insurance and health care products.
4. HOW WE ACT FOR YOU
We prefer our clients to give us instructions in writing to avoid
possible disputes. We will, however, accept oral instructions providing
they are subsequently confirmed in writing.
Any advice we give you will normally be in writing, but if given
orally will be recorded on your file. Where any recommendation we
make, or transaction we undertake for you, results in a right to
cancel the policy under certain conditions, we will advise you of
these rights. We will also tell you if you do not have a right to
cancel the arrangement.
Occasions can arise where we, or one of our other customers, will
have some form of interest in business, which we are transacting
for you. If this happens, or we become aware that our interests,
or those of one of our other customers, conflict with your interests,
we will inform you and obtain your consent before we carry out your
instructions.
When we arrange investments for you we will register these in your
name unless otherwise agreed in writing. Additionally, we will ensure
you receive either a contract note, documents of title, or certificates
evidencing title. All such paperwork will be forwarded to you by
post as soon as possible after we receive them. Where a number of
documents relating to a series of transactions are involved, the
documents will normally be retained until the series is completed.
5. INVESTMENT RISK
All investments carry a degree of financial risk, which will tend
to increase in proportion to the potential rate of return on the
investments.
Any product which is directly or indirectly invested in assets
which may fall in value (for example equities) may itself fall in
value along with any decrease in value of those assets. Before entering
into any investment agreement, you must ensure that you understand
the risk associated with the product and are content to accept that
level of risk.
6. WE DO NOT HANDLE CLIENT MONIES
Crossed cheques for premiums or investment monies can only be made
payable directly to the product provider. No premiums or investment
monies of any kind should be paid or made payable to anyone else,
with the exception of premiums in respect of general insurance.
7. HOW DO YOU PAY FOR OUR SERVICES?
We can derive income for our services in three ways ie fees, commissions
or a combination of the two.
Commission
We derive our income from commission paid to us by life assurance
companies, general insurance companies, unit trust managers, stockbrokers
and other intermediaries with whom investments/products are made.
You will receive details from the operator in question, or from
us, about commission we receive. We shall tell you the amount of
commission payable to us on any investment/product we have arranged
for you. We reserve the right to act as an agent for third parties
and to share commission received with them.
If we arrange to effect a life/protection policy from which we
receive commission and YOU SUBSEQUENTLY CEASE TO PAY PREMIUMS which
results in us refunding commission which has been paid to us, WE
RESERVE THE RIGHT TO CHARGE YOU A FEE to recompense us for the time
spent in advising you and arranging the policy. WE SHALL NOT CHARGE
ANY FEE IF YOU EXERCISE YOUR RIGHT TO CANCEL THE POLICY IN ACCORDANCE
WITH THE CANCELLATION NOTICE SENT TO YOU BY THE PRODUCT PROVIDER.
Fees
If charging a fee, prior to assessing your financial circumstances
and conducting any business, we will discuss a proposed fee with
you and confirm this in writing in the form of a Fee Agreement.
Commission is received from the product provider or investment
operator and the amount for any transaction will be disclosed to
you in writing for products that are regulated. If commission or
any other form of benefit is received from another intermediary
we will inform you, but will not tell you its amount unless you
ask us to do so.
A fee may be charged in the following circumstances:
i) if the work we do for you does not relate to investments/products
on which commission is payable;
ii) if you instruct us to give you advice, but not to arrange the
sale or purchase of any investment/product for you; or
iii) if it is agreed that the work is carried out on a fee basis
in addition to any commissions payable. However, in some circumstances
these commissions may be re-invested or used to enhance the investment
and/or products being arranged.
Where we propose to charge a fee, we will notify you in writing
before we carry out any chargeable work, explaining how it will
be calculated.
Other payments to us
If we receive any other form of benefit from the issuer of an investment
or from another intermediary, we will inform you, we will also tell
you the amount should you request it.
8. DATA PROTECTION & RECORDS
Collection of Data
We collect your data using a confidential questionnaire whilst conducting
a financial review into your circumstances. With your consent we
may collect your data from institutions with whom you currently
have contracts and insurance policies, from your employer and professional
advisers. We may obtain data from credit reference agencies.
Use of Data
Your information will be held on computer-based databases and in
paper files. We use the data primarily to provide you with financial
services advice and complete transactions on your behalf. We analyse
and assess your data to maintain and develop our relationships with
you. Use of your data includes financial risk assessment, money
laundering checks, compliance and regulatory reporting and fraud
prevention. We use your data to help us prepare proposals for you
to enter into transactions and insurance proposals and, in some
circumstances, members of your family and others connected with
these transactions, insurance proposals and claims. We like to keep
you informed of our products and services and we use your data to
enable us to recommend them to you (if you do not want us to do
this, use the opt-out box below or contact us). Your
data will be kept for a minimum of six years in compliance with
our financial services responsibilities.
Transfer of your data
We will only pass your data to institutions (with the aim of entering
into and servicing transactions), our regulators, auditors and our
professional advisers. We may recommend other financial advisers
to approach you with their products and services offerings (if you
do not want us to do this, use the opt-out box below or contact
us). Third parties may transfer your data outside the European Economic
Area: if they do so, they will take appropriate steps to ensure
the same level of protection for your personal data as would be
available in the European Economic Area.
Access to your records
You have the right upon payment of a fee to obtain a copy of the
personal data that we hold. If you believe that any information
is incorrect or incomplete you should contact us and, if the data
is incomplete or incorrect, we will correct it promptly.
Entering into these terms of business signifies your consent to
the processing of your data by us except to the extent that you
opt-out of receiving additional marketing literature from third
parties and us.
9. CONTACT
Once we have acted upon your instructions we will not normally give
you further advice. However, we may review our record of your investments
and policies periodically and contact you to suggest that we arrange
a review meeting. We will, however, be pleased to advise you at
any time should you require further assistance. We like to keep
our customers informed of products and services we offer which may
be of interest to them, therefore, from time to time we may forward
marketing material to you, unless you advise us otherwise in writing.
10. HOW CAN YOU, OR WE, TERMINATE THIS AGREEMENT?
You, or we, may terminate our authority to act on your behalf at
any time without penalty. Notice of this termination must be given
in writing and sent by first class post. It will be deemed to be
received two business days after being posted.
Any business currently being completed will be completed unless
we receive your instructions to the contrary.
Any fees outstanding at the date of termination will be due within
four weeks of the termination date.
11. LAW
These Terms of Business are governed and shall be construed in accordance
with English law and the parties shall submit to the exclusive jurisdiction
of the English Courts.
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