If you want to do business with us, you need to have read and accepted these Terms. These explain our obligations to you under the Financial Services Act, and your obligations when you deal with us.

Please contact us if you have any questions at all about this agreement. We will be pleased to help you.


FIRSTLY.....

This statement puts in writing our obligations to you under the Financial Services & Markets Act 2000, and your obligations when you deal with us. In this agreement "we" or “us” refers to Chesterton House Financial Services Ltd, and “you” refers to the Client to whom we have agreed to offer services, whether you are an individual, group, partnership, trustee, body corporate or legal representative of any of these.

This document should be read in conjunction with the ‘Key Facts about our services’ and ‘Key Facts about the cost of our services’ that you will have received from us. If you have not received copies of these documents you should request them before proceeding further as they contain important regulatory and other information that you will need to decide whether our services are right for you.


OBTAINING FINANCIAL PLANNING ADVICE FROM US

1. If you require personal financial advice, you agree to give us complete and up-to-date information regarding your personal and financial circumstances, your financial objectives, and any other pertinent facts as requested by us in order to advise you correctly, and to inform us of any changes in your circumstances and objectives that are relevant to the work that we do for you. You acknowledge that we cannot adequately provide the services requested by you unless you provide such information completely and candidly, and that the value of our recommendations depends entirely upon the adequacy and accuracy of the information provided by you.

2. If you do not wish to disclose any of the information which we request you should inform us and we will provide you with the best advice we can based on the information you have given us. We cannot accept responsibility for any loss arising from advice based on incomplete information in these circumstances.

3. You hereby authorise us to obtain relevant information about you from your accountant, solicitor or other advisor(s), and to rely upon such information without verification.


TERMS AND CONDITIONS


AUTHORITY

4. We offer independent advice, but occasions can arise where we or one of our other clients will have some form of interest in business being transacted for you. If this happens or we become aware that our own interests or those of one of our other customers conflict with your interests, we will write to you and obtain your consent before we carry out your instructions, and explain the steps we will take to ensure fair treatment.

5. We require our clients to give us instructions in writing, to avoid possible disputes. We will, however, accept oral instructions provided they are subsequently confirmed in writing. Electronic communications are acceptable provided that they are capable of being stored and reproduced in paper form.

6. Unless you specifically request otherwise we may make calls upon you other than at your express invitation where we feel that we are able to offer you information or services that will be of interest to you.


MONEY LAUNDERING REGULATIONS

7. These Regulations make it necessary to verify your identity where this has not previously been established. We will request appropriate evidence in the form of a current Full Passport, Driving Licence and/or other documents at our discretion.


BUYING INVESTMENTS ONLINE WITHOUT ADVICE

8. If you wish to buy investments without advice, you can do so at our website. If you choose to do so, you accept that your decision to purchase is yours alone, and that the transaction will be treated as an 'execution only' purchase. This means that we will not be responsible for any consequences arising from any transaction made in this way.

9. You accept that any general guidance on our website is not personal to your circumstances, and that we cannot guarantee that the content of our website is completely accurate or up to date. You should not rely on information on our website alone to make your decision. If you are in any doubt, you should contact us to confirm the position.


CONFIDENTIALITY

10. All information that you give us, or that we obtain from any third party with your authority, will be treated in the strictest confidence and will not be disclosed to any other party without your written permission.

11. Where investment business services are provided to us by third parties then circumstances may arise which warrant the disclosure of more than just your basic contact details. On these occasions such as processing business, and obtaining compliance and regulatory advice you agree that personal information held by us may be disclosed on a confidential basis, and in accordance with the Data Protection Act 1998, to such third parties. You agree that this information may be transferred electronically, e.g. by e-mail. You also agree that we or any such third party may contact you in future by any means of communication that we or they consider appropriate at the time.

12. We are obliged to provide access to client records to the Financial Services Authority, and any other relevant regulatory body, to enable them to carry out their compliance monitoring duties.


INVESTMENT ADVICE SERVICES

13. Once your initial plan has been developed, if appropriate we will agree investment strategy with you on an advisory basis, based on your unique financial situation and written investment objectives. The following procedures will generally be followed;

a) We will recommend investments that we believe are appropriate for you.
b) Unless you tell us in writing to the contrary, we will assume that you do not wish to place any restriction on the advice we give you or the type of products or investments that we recommend.
c) It will be your decision alone to implement our recommendations, either completely or in part.
d) We may place transaction orders directly with investment companies on your verbal instructions, but will require written confirmation from you (by letter, fax or e-mail) within 24 hours of the transaction taking place.
e) You acknowledge that we shall have no custody of your funds or securities at any time. We do not have discretionary authority to execute investment transactions for you or on your behalf.
f) We will confirm to you in writing the basis or reason(s) for recommending the actions and/or transaction(s) that we have recommended on your behalf.
g) You are reminded that some of the investments that we may recommend can fall as well as rise in value, and you may not get back the full amount invested. Past performance is not necessarily a guide to future performance.


ONGOING SERVICE

14. To be effective we recommend that your Financial Plan is reviewed at least once a year. At our discretion we will offer you the option to enter into a Service Agreement with us to provide periodic reviews and other services as agreed with you. If you choose not to enter into a Service Agreement (or we do not offer this option) we will have no further responsibility to you, although we will normally carry out a Review on request, subject to our Terms applying at that time.

15. Whether or not you enter into a Service Agreement with us, we cannot accept responsibility for any losses arising from failure to conduct a Review, however such losses may be caused. For the avoidance of misunderstanding, you should note that we do not provide any form of investment monitoring or tracking service, and will only consider the suitability of investments for you at the time of a Review, or at any other time at your request.


DOCUMENTS

16. We will make arrangements for all your investments to be registered in your name unless you first instruct us otherwise in writing.

17. We will forward to you all documents showing ownership of your investments as soon as practicable after we receive them; where a series of transactions is involved, we will normally hold each document until the series is complete and then forward them to you.

18. You or your agent may inspect any of our manual or computerised records which relate solely to your affairs. As we treat all our clients' records as confidential, we reserve the right to (i) give you copies of your records if to do otherwise would be to allow access to files containing records about other clients, and (ii) insist on three working days notice of such inspection.

19. We keep records of all our business transactions for at least six years.


CLIENTS MONEY

20. CHESTERTON HOUSE FINANCIAL SERVICES LTD DOES NOT HANDLE CLIENTS MONEY. We never accept a cheque made out to us (unless it is a cheque in settlement of charges or disbursements for which we have sent you an invoice), nor do we handle cash.


BASIS OF REMUNERATION

21. Whether you buy a product or not, you will pay us a fee for our advice and services. If we also receive commission from the product provider when you buy a product, we will pass on the full value of that commission to you in one or more ways. For example, we could reduce our fee; or reduce your product charges; or increase your investment amount; or refund the commission to you.

22. We will agree the basis and amount of our charges with you before beginning work.

23. You agree to pay our fees promptly on issue of an invoice. This will normally be on completion of the work, although we may issue an interim invoice if appropriate. If your account remains unpaid for more than 30 days we reserve the right to charge interest at the rate of 3% above the Bank of England base rate on the outstanding balance, and to cease acting for you. We will retain all documents and other items in our possession until all outstanding amounts are paid in full.

24. Please note that because of the disproportionate costs involved in accounting for small amounts of commission we will not normally credit individual payments of less than £10-00 to your account and these amounts will be retained by us.

25. Where commission has to be returned to any institution for any reason (for example, because a policy or contract is cancelled and commission is reclaimed by the institution) and this creates a debit balance on your account, we will invoice you for the amount of the debit.

26. Where the commissions that we receive exceed the fee(s) that we have agreed with you, the treatment of any commissions received from products arranged prior to the date of commencement of these Terms will be in accordance with our Terms of Business in force at the time the product(s) were arranged. This means that we may be entitled to retain surplus commissions from products that were arranged in the past.

27. It is important to us that you feel that you have received good value from your dealings with us, and if this is not the case you should contact your financial planner who will try to reach a satisfactory agreement with you. If you remain dissatisfied you should write to us as explained in our ‘Key Facts about our services’ document.


LEGAL AND ACCOUNTING SERVICES

28. We are not authorised or qualified to give legal advice or to prepare legal documents for you, or to give specialised taxation advice or assistance. We will co-operate with any lawyer, accountant, or other professional chosen by you with regard to the creation or implementation of any recommendations.


COMPLAINTS

29. You should refer to the ‘Key Facts about our services’ document for information about how to complain. Further details are contained within our internal complaints procedure, which is available to you on request at any time.

30. We have arranged professional indemnity insurance in accordance with FSA Rules.


GENERAL

31. You will not be entitled to assign or transfer the benefit of this Agreement.

32. The validity, construction and performance of this Agreement shall be governed by English Law.

33. Except where a loss could with reasonable foresight have been avoided, neither party shall be liable to the other for any loss or damage outside the reasonable control of both parties.


TERMINATION OF AGREEMENT

34. You, or we, may terminate this agreement at any time without penalty. Notice of termination must be given in writing and will take effect from the date of receipt of your instructions at our office, or in the event of cancellation by us, from the working day following despatch by us of our notice to cancel to the address shown on our records. Termination is without prejudice to the completion of transactions already started. You will be responsible for completion and settlement of any transactions for which we had authority to act prior to such termination, and you will also be responsible for the payment of any fees which may be outstanding, including the appropriate proportion of any periodic payments for services due to us. All monies received up to this point will remain the property of Chesterton House Financial Services Ltd.


ABOUT THESE TERMS OF BUSINESS

TERMS OF BUSINESS 01/01/2005 Version 13