Hourly Paid Service
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Valleys Innovation Centre Tel: 01443 749 991 / 0845 872 6418<br />
Navigation Park Fax: 01443 741 893 / 0845 872 6419<br />
Abercynon<br />
info@leabold.co.uk<br />
CF45 4SN<br />
www.leabold.co.uk<br />
Customer Agreement for<br />
‘<strong>Hourly</strong> <strong>Paid</strong> <strong>Service</strong>s’<br />
This agreement is suitable for customers requiring one-off advice on either pension,<br />
investment, estate, or protection matters.
1. Parties to this agreement<br />
1.1. This agreement is made between Leabold Financial Management Ltd (referred to variously<br />
in this agreement as ‘the Company’, ‘we’, ‘us’, ‘our’) and the following (referred to in this<br />
document as ‘the Client(s)’, ‘you’, ‘your’):<br />
2. Primary Contact<br />
2.1. The Company will deal with the following individual as the Primary Contact and classify its<br />
dealings with the Clients(s) in accordance with that individual’s understanding and previous<br />
experience of relevant financial matters:<br />
3. Designated Adviser<br />
3.1. The Company has designated the following individual to act in this capacity:<br />
3.2. FCA regulations require the Adviser to hold an approved qualification and statement of<br />
professional standing.<br />
3.2.1. The relevant qualifications held by the Adviser are:<br />
Qualification Awarding Body Date Awarded<br />
3.2.2. The most recent statement of professional standing for the adviser was issued by:<br />
You may review the adviser’s qualifications and most recent statement of<br />
professional standing on our website at https://www.leabold.co.uk/meet-the-team<br />
4. The Company’s status<br />
4.1. The Company is registered in England and Wales under Companies House number<br />
05173817.<br />
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4.2. The Company is a wholly owned subsidiary of Leabold Financial Management Holdings<br />
Limited, which is registered in England and Wales under Companies House number<br />
08296996.<br />
4.3. The Company is directly authorised by the United Kingdom financial services regulator,<br />
the Financial Conduct Authority (FCA), to undertake activities regulated under the Financial<br />
<strong>Service</strong>s and Markets Act 2000. This means the Company holds authorisation directly with<br />
the FCA as opposed to being an appointed representative of another directly authorised firm.<br />
4.4. The relevant activities that the Company has been authorised to undertake by FCA include:<br />
4.4.1. Advising on investments.<br />
4.4.2. Advising on pension transfers and opt-outs.<br />
4.4.3. Bringing about deals in investments.<br />
4.4.4. Making arrangements with a view to transactions in investments.<br />
4.4.5. Assisting in the administration and performance of a contract of insurance<br />
4.5. Details of the Company’s FCA authorisation can be found on https://register.fca.org.uk/<br />
under the Firm Reference Number 402291.<br />
4.6. The Company provides ‘independent advice’. This means that, when advising customers, it<br />
must ‘assess a sufficient range of relevant products available on the market which must be<br />
sufficiently diverse with regard to their type; and issuers or product providers to ensure that<br />
the client’s investment objectives can be suitably met; and not be limited to relevant products<br />
issued or provided by the firm itself or by entities having close links with the firm; or other<br />
entities with which the firm has such close legal or economic relationships, including<br />
contractual relationships, as to present a risk of impairing the independent basis of the advice<br />
provided.’<br />
5. Commencement of this agreement<br />
5.1. This agreement is effective once signed by the Client(s) and a Director of the Company.<br />
5.2. The agreement terminates on provision of the services the Company has agreed to provide to<br />
the Client(s).<br />
6. Client money<br />
6.1. The Company is not authorised by the FCA to hold or control client money. This means<br />
that we cannot accept payments from the Client(s) where these are intended to be passed on<br />
to third parties, or payments from third parties to be passed to the Client(s).<br />
7. Client categorisation<br />
7.1. The Company is required under FCA Handbook rule COBS 3.3.1A to categorise the Client(s)<br />
according to the level of regulatory protection they will be entitled. The Company will<br />
therefore categorise the Client(s) depending on the provision of the following services:<br />
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7.1.1. In the case of ‘investment mediation’, this will be a ‘retail customer’. This<br />
means ‘a client who is not a professional client or an eligible counterparty’.<br />
7.1.2. In the case of ‘insurance mediation, this will be a ‘consumer’. This means ‘any<br />
natural person who is acting for purposes which are outside his trade or profession’.<br />
7.2. As either a ‘retail customer’, or ‘consumer’, the Client(s) may have recourse to the<br />
Financial Ombudsman <strong>Service</strong> in the event of a dispute with the Company reaching deadlock.<br />
The Client(s) may also be eligible for protection from the Financial <strong>Service</strong>s Compensation<br />
Scheme should the Company be unable to cover losses arising from its own negligent acts.<br />
A customer defined as either ‘professional’, or ‘commercial’, would not receive these<br />
protections.<br />
7.3. If the Client(s) believes they should not be classified as a ‘retail customer’, or ‘consumer’,<br />
they will inform the Company immediately.<br />
8. Conflicts of interest<br />
8.1. Occasions can arise where the Company, or another client for whom it may be acting, may<br />
have some form of interest in the business being transacted for the Client(s). If this happens,<br />
or the Company become aware that its interests’ conflicts with those of the Client(s), it will<br />
obtain written consent from the Client(s) before carrying out that transaction.<br />
Conflict Disclosure<br />
8.2. Where the Client(s) has been introduced to the Company by a third party with whom the<br />
Company has an agreement to cede part of any fees payable by the Client(s), the Company<br />
will disclose the name of the third party and the amount of any ceding that will be paid. In<br />
relation to the Client(s):<br />
Name of Introducer<br />
Percentage or amount<br />
of fees to be ceded<br />
9. Communicating<br />
9.1. In communicating with the Client(s), the Company will:<br />
9.1.1. Provide and exchange documents using either the Company’s secure internet portal,<br />
email, or post.<br />
9.1.2. Take instructions either in written form, recorded phone call, or recorded video call.<br />
9.1.3. Meet with the Client(s) via video call. At the Company’s discretion, it may agree to<br />
meet in person.<br />
Page 4 of 9 Customer Agreement <strong>Hourly</strong> <strong>Paid</strong> <strong>Service</strong>s 23/8/2023
10. Personal information<br />
10.1. The Company is registered with the Information Commissioner’s Office (ICO) to hold<br />
and process personal information. Details of the Company’s ICO registration can be found<br />
on https://ico.org.uk/ESDWebPages/Entry/Z8721312 under reference Z8721312.<br />
10.2. The Company will collect personal information from the Client(s) and relevant third<br />
parties for the purposes of providing the services set out in this agreement.<br />
10.3. Where the Company needs to obtain personal information from a third party, the<br />
Company will obtain the Client(s) express consent before doing so.<br />
10.4. The Company will not use the information for the purpose of unsolicited marketing<br />
unless the Client(s) has expressly consented to this.<br />
10.5. The Company will not release the information to any other source for the purposes of<br />
unsolicited marketing.<br />
10.6. The Company will share personal information with third parties only when required<br />
by law or where necessary for the purposes of providing the services set out in this agreement.<br />
10.7. The Company will make reasonable endeavours to keep up to date any personal<br />
information it holds regarding the Client(s) during the period this agreement is in force.<br />
10.8. The Company will continue to hold personal information after this agreement has<br />
terminated to enable it to comply with FCA regulations, or as long as reasonably necessary<br />
to indemnify the Company against the risk of claims.<br />
11. Access to records<br />
11.1. The Client(s) may inspect copies of contract notes, vouchers and entries in our records<br />
relating to transactions undertaken on their behalf, provided that reasonable notice is given,<br />
and such access does not affect the confidentiality of other clients.<br />
11.2. On request by the Client(s), the Company will provide details of any personal data it<br />
holds on the Client(s) in accordance with the requirements of the Data Protection Act 2018.<br />
11.3. The Company will use reasonable endeavours to comply with requests from or on<br />
behalf of the Client for copies of documents and information not covered under data<br />
protection regulations but reserves the right to levy a charge relative to the costs involved in<br />
preparing and forwarding such information.<br />
12. <strong>Service</strong>s<br />
12.1. The Company will use reasonable endeavours to provide the following services to the<br />
Client(s):<br />
12.1.1. Information collection:<br />
12.1.1.1. The Company will obtain the following information from the Client(s) and<br />
relevant third parties:<br />
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12.1.1.1.1. The nature and value of relevant investments, insurances and other<br />
provisions established by or to which the Client(s) may have an entitlement.<br />
12.1.1.1.2. The Client(s) relevant personal circumstances, including health and<br />
medical history.<br />
12.1.1.1.3. The Client(s) relevant financial affairs, including assets, liabilities,<br />
income, and expenditure.<br />
12.1.1.1.4. The Client(s) relevant ethical, philosophical political views, and<br />
religious beliefs.<br />
12.1.1.1.5. The Client(s) relevant future goals and objectives.<br />
12.1.1.1.6. The Client(s) previous experience of relevant financial matters.<br />
12.1.2. Research and assessment:<br />
12.1.2.1. The Company will research and assess the following:<br />
12.1.2.1.1. The Client(s) understanding of relevant financial matters.<br />
12.1.2.1.2. Where appropriate, the Client(s) psychological tolerance to investment<br />
risk.<br />
12.1.2.1.3. Where appropriate, the statistical mortality and morbidity of the<br />
Client(s).<br />
12.1.2.1.4. An estimate of the capital cost of meeting the Client(s) objectives.<br />
12.1.2.1.5. Where appropriate, an estimate of the time-period needed to accrue the<br />
capital cost of meeting the Client(s) objectives.<br />
12.1.2.1.6. An estimate of the initial and ongoing funding needed to accrue the<br />
capital cost of meeting the Client(s) objectives.<br />
12.1.2.1.7. Where appropriate, the annual return on invested capital that should be<br />
targeted to meet the Client(s) objectives, and consequent exposure to risk of<br />
capital loss.<br />
12.1.2.1.8. Where appropriate, the arrangements to be made for beneficiaries to<br />
receive any remaining invested capital following the Client(s) death.<br />
12.1.2.1.9. The method by which invested capital should be decumulated on<br />
meeting the Client(s) objectives.<br />
12.1.2.1.10. Where appropriate, the diversification of investments needed to create<br />
the potential for the target annual return.<br />
12.1.2.1.11. The class of financial product in which the Client(s) should hold<br />
invested capital.<br />
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12.1.3. Advice<br />
12.1.2.1.12. The options and features the Client should select within the<br />
recommended class of financial product.<br />
12.1.2.1.13. The provider with whom the financial product should be arranged,<br />
taking account of:<br />
12.1.2.1.13.1. The product options and features offered by the provider.<br />
12.1.2.1.13.2. The charges of the provider relative to those of commonly<br />
available and suitable alternatives.<br />
12.1.2.1.13.3. Where appropriate, the investment performance of the provider<br />
relative to that of commonly available and suitable alternatives.<br />
12.1.2.1.13.4. The financial strength of the provider.<br />
12.1.2.1.13.5. The service standards and performance of the provider.<br />
12.1.3.1. The Company will:<br />
12.1.3.1.1. Prepare and issue a written report to the Client(s) setting out:<br />
12.1.4. Transactions<br />
12.1.3.1.1.1. The Company’s professional recommendations.<br />
12.1.3.1.1.2. The rationale on which the Company’s recommendation is<br />
based.<br />
12.1.3.1.1.3. The initial cost and future costs arising from the Company’s<br />
recommendations.<br />
12.1.3.1.1.4. The risks to which the Client(s) may be exposed through<br />
following, or not following the Company’s recommendations.<br />
12.1.4.1. Where the Client(s) wish to proceed with the Company’s recommendations, or<br />
any reasonable modification, the Company will arrange for relevant transactions to<br />
be carried out.<br />
12.1.4.2. The Company reserves the right to decline to arrange any transaction which it<br />
reasonably believes may expose the Client(s) to significant and unwarranted risk.<br />
12.1.5. Forwarding and monitoring<br />
12.1.5.1. The Company will establish any financial products that it arranges for the<br />
Client(s) so that the provider will communicate directly with the Client(s). The<br />
Company may, at its discretion, choose to pass on communications where these are<br />
received directly from the provider, but is not bound to do so.<br />
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13. Charges<br />
12.1.5.2. The Company may, at its discretion, choose to notify the Client(s) in<br />
circumstances where it becomes aware that a change in legislation or taxation<br />
affects the aims, objectives, attitude to risk, or personal circumstances of the<br />
Client(s), but is not bound to do so.<br />
12.1.6. Periodic review and other ongoing services<br />
12.1.6.1. The Company will not undertake a periodic review of advice given under the<br />
agreement or provider any other ongoing service to the Client(s) unless approached<br />
by the Client(s) to do so. Any periodic review of advice or other ongoing service<br />
that the Company agrees to carry out will be subject to the Client(s) agreement to<br />
new terms and conditions and will be charged separately to this agreement.<br />
13.1. <strong>Service</strong>s provided under this agreement will be charged at the following tariff:<br />
<strong>Hourly</strong> rate £100<br />
Minimum charge £300<br />
14. Payment of charges<br />
14.1. Where available, the Company will provide the Client(s) with the option to pay<br />
charges by either:<br />
14.1.1. Collection via the product provider:<br />
14.1.1.1. Charges will be deducted from the Client(s) investments by the product<br />
provider and passed on to the Company.<br />
14.1.1.2. Payment will be made by the product provider after completion of any related<br />
transactions. If there are no related transactions arising from the Company’s advice,<br />
or if the amount of payment from the product provider is insufficient to cover the<br />
agreed cost of services, the Company will then invoice the Client(s) directly.<br />
14.1.2. Direct payment:<br />
14.1.2.1. Charges will be invoiced for payment by the Client(s) within thirty days.<br />
14.1.2.2. The invoice will be issued following the provision of advice or, where related<br />
transactions are to be arranged by the Company, following completion of those<br />
transactions.<br />
NB: Where charges are paid directly by the Client(s), this may reduce the<br />
ongoing cost of related financial products.<br />
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15. Special Agreements<br />
15.1. The Company has agreed to the following modification to the terms of this<br />
agreement:<br />
16. Estimate of costs<br />
The Company initially estimates that the provision of services indicated in this agreement should<br />
not exceed:<br />
Chargeable time [ ] hours<br />
Total charge £<br />
17. Agreement to proceed<br />
17.1. The terms of this agreement will be binding once signed by the Client(s) and on behalf<br />
of the Company by one of its directors:<br />
Name of Client(s):<br />
Signature(s):<br />
Date:<br />
On behalf of Leabold Financial Management Limited:<br />
Date<br />
Name of Director:<br />
Signature:<br />
Page 9 of 9 Customer Agreement <strong>Hourly</strong> <strong>Paid</strong> <strong>Service</strong>s 23/8/2023