TERMS OF BUSINESS
1. Instructions from You
The Company normally asks You to give written instructions in order to avoid possible disputes. The Company will, however, accept Your oral instructions, provided they are confirmed in writing.
The Company may prior to acting on Your behalf require production of adequate evidence of Your identity/residence. You hereby agree to provide such evidence on request or for us to obtain this via electronic means.
The Company's authority to act on Your behalf may be terminated at any time without
penalty and without prejudice to the completion of transactions already initiated, by either
party giving immediate notice in writing to that effect to the other. Transactions in progress at the time of termination shall be processed to completion as if the termination had not
taken place, unless specifically aborted by you in writing.
2. Conflicting Interests
The Company offers impartial advice but occasions can arise when it, or one of its
Advisers/Appointed Representatives or another client, will have some form of interest in
business, which the Company is transacting for You. If this happens, or the Company
becomes aware that its interests or those of one of its Advisers/Appointed Representatives or other clients, conflict with Your interests, the Company will inform You in writing and will obtain Your consent before carrying out Your instructions.
3. Fees & Charges
Arranging a mortgage or other home finance product for You may involve Arrangement,
Booking, and Valuation fees and the payment of commission (Procuration fee) to the
Company by the relevant lender/product provider. You should refer to the Key Facts
Illustration for details of all costs and charges associated with any recommended mortgage.
We will agree with You how we will be remunerated at the initial meeting. Our scope of
services is confirmed in the "Key facts about our services" document. All fees and
commissions applicable will be disclosed to You in the Suitability Report.
4. Client Money
THE COMPANY DOES NOT HANDLE CLIENT MONEY OR ASSETS. The Company never accepts cheques made out to the Company/Advisers/Appointed Representatives (unless it is in settlement of Broker Fees, which have been invoiced) or handles cash. All cheques for
premiums or any mortgage/home finance/insurance related payments must be made
payable to the product provider/lender/insurer.
5.Documentation and Infromation
The Company will forward to You all documents concerning the matters they have arranged for You as soon as practicable after they receive them. Where a number of documents relating to a series of transactions is involved, the Company will normally hold each document until the series is complete, then forward them to You.
The Company may, in appropriate circumstances, place Your mortgage related insurance business through another authorised broker, arrange for You to deal directly with the relevant Insurer, or make special arrangements with a particular Insurer concerning the issue of policies or the handling of claims. In such circumstances, the Company will advise You accordingly.
The Company will also provide You with information relevant to Your mortgage/home finance/insurance needs, covering such items as an explanation of the main repayment methods and the implications of taking out a mortgage. All advice given and recommendations made, including the underlying reasoning will be confirmed to You in a Suitability Report.
It should be noted that it is your duty to report all information that could be considered a material fact in relation to the insurance contract you have proposed. In addition, you should read carefully the policy wording (once received) and familiarise yourself with any further requirements to inform the insurer about a fact that might have an effect on the policy in the future. Failure to disclosure such material facts may render the insurance invalid and will therefore not provide the cover you expect.
6. Complaints, Claims and Client Classification
If You wish to register a complaint or make a claim about the service You have received from the Company, please refer to clauses 6 & 7 of our Initial Disclosure Document supplied:
The Company's Complaints Procedure (copy of which is available on request) is without prejudice to the client's rights to lodge a formal complaint with the Financial Ombudsman Service.
Customers (Clients) to whom these Terms apply are classified under the FCA Rules as
"Retail" and "Commercial" customers for General Insurance business. Clients classified as "Commercial" customers will normally have lesser rights to information disclosure, complaints and compensation than those classified as "Retail" customers.
You should note, at all times that, YOUR HOME MAY BE REPOSSESSED IF YOU DO NOT KEEP UP REPAYMENTS ON YOUR MORTGAGE. BUY TO LET (PURE) AND COMMERCIAL MORTGAGES ARE NOT REGULATED BY THE FCA.
The Julian Harris Network Privacy Notice
Your Personal and Sensitive Personal Data - what is it?
Personal Data relates to a living individual who can be identified from that data; Sensitive Personal Data covers specific information such as health details, origins and opinions. Identification can be by the information alone or in conjunction with any other information in the Data Controller's possession or likely to come into such possession. The processing of Personal Data is governed by the General Data Protection Regulation 2016/679 (the
"GDPR").
Who are we?
Nicholas Hall (I is the Data Controller ("we", "us"). This means they decide how your Personal Data is processed and for what purposes.
How do we process your Personal Data?
We comply with our obligations under the GDPR by keeping Personal and Sensitive Data up to date; Sensitive Personal Data covers specific information such as health details, origins and opinions by storing and destroying it securely; by not collecting or retaining excessive amounts of data; by protecting Personal Data from loss, misuse, unauthorised access and disclosure and by ensuring that appropriate technical measures are in place to protect your data.
We use your Personal and Sensitive Data for the following purposes:
To provide our advice and implementation service in respect of financial products, such as mortgages, life assurance, pensions and investments;
To keep in contact with our clients about products and services which we believe may be of value to them;
What is the legal basis for processing your Personal Data?
Article 6 Processing
Consent of the Data Subject; where we are marketing to the public.
Processing is necessary for the performance of a contract with the Data Subject or to take steps to enter into a contract; where we have been engaged to provide financial services.
Article 9 Processing
Explicit consent of the Data Subject; where we wish to tell people about events, news, services
Processing is necessary for the establishment, exercise or defence of legal claims or where courts are acting in their judicial capacity;
Sharing your Personal Data
Your Personal and Sensitive Data will be treated as strictly confidential and will be shared only with Julian Harris Networks and providers of financial service products, third-party data storage providers and legal or regulatory authorities if obliged to do so.
We keep your Personal and Sensitive Data for no longer than reasonably necessary and we only retain your data for servicing the financial services provided where agreed and in case of any legal claims and for regulatory purposes.
Your rights and your Personal Data
Unless subject to an exemption under the GDPR, you have the following rights with respect to your Personal Data:
- The right to request a copy of your Personal and Sensitive Data which we hold about you;
- The right to request that we correct any Personal or Sensitive Data if it is found to be inaccurate or out of date;
- The right to request your Personal and Sensitive Data is erased where it is no longer necessary for us to retain such data;
- The right to withdraw your consent to the processing at any time;
- The right to request that the Data Controller provide the Data Subject with his/her Personal Data and where possible, to transmit that data directly to another Data Controller;
The right, where there is a dispute in relation to the accuracy or processing of your Personal Data, to request a restriction is placed on further processing;
- The right to object to the processing of Personal Data;
- The right to lodge a complaint with the Information Commissioners Office.
Further processing
If we wish to use your Personal and Sensitive Data for a new purpose, not covered by this Data Protection Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing.
Cybercrime Warning
Please be aware that there is a significant risk posed by cyber fraud, specifically affecting emails enclosing bank account details. If you receive an email from Nicholas Hall requesting or providing bank details, please contact your Adviser immediately for clarification. All payment requests should be verbally validated.
Contact Details
Milroy House, Sayers Lane, Tenterden, kent. TN30 6BW
Email; info@nicholas-hall.com
Telephone; 07903 847748
You can contact the Information Commissioners Office on 0303 123 1113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire. SK9 SAF.
Consent
By signing this form you are confirming that you have read this Data Protection Notice and that you are consenting to Nicholas Hall holding and processing your Personal Data for the following purposes (please tick the boxes where you are happy to grant consent):
Name:
Address:
Telephone:
Email address:
To keep you informed about news, events, activities and services;
To contact you with surveys about current events;
Send you offers of other products and services that we offer.
I consent to be contacted by: email - by text - by post - by phone
You can grant consent to all the purposes; one of the purposes or none of the purposes. Where you do not grant consent, we will not be able to use your Personal Data for marketing purposes but may process the data in certain limited situations, such as where required to do so by law or to protect members of the public from serious harm.
If you do grant consent, please note you can withdraw your consent to all or any one of the above purposes at any time by contacting the Data Controller. Please note that any new processing of your Personal Data will cease once you have withdrawn consent but this will not affect any Personal Data that has already been processed prior to this point nor our legal or regulatory responsibilities.
Signed:
Dated:
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