10.11.2023 Views

Hourly Paid Service

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

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 />

Page 2 of 9 Customer Agreement <strong>Hourly</strong> <strong>Paid</strong> <strong>Service</strong>s 23/8/2023


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 />

Page 3 of 9 Customer Agreement <strong>Hourly</strong> <strong>Paid</strong> <strong>Service</strong>s 23/8/2023


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 />

Page 5 of 9 Customer Agreement <strong>Hourly</strong> <strong>Paid</strong> <strong>Service</strong>s 23/8/2023


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 />

Page 6 of 9 Customer Agreement <strong>Hourly</strong> <strong>Paid</strong> <strong>Service</strong>s 23/8/2023


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 />

Page 7 of 9 Customer Agreement <strong>Hourly</strong> <strong>Paid</strong> <strong>Service</strong>s 23/8/2023


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 />

Page 8 of 9 Customer Agreement <strong>Hourly</strong> <strong>Paid</strong> <strong>Service</strong>s 23/8/2023


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

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!