General Terms & Conditions - Heritage Financial Services
REGULATION. Heritage Financial Services is authorised by the Financial Conduct Authority (FCA), 25 The North Colonades, Canary Wharf, London, E14 5HS, and bound by its rules. Registration number 629578 and this can be checked on the FCA's website www.fsa.gov.uk/register/home.do or by contacting the FCA on 0845 606 9966.
DOCUMENTATION. All investments will be registered in the client's name, unless otherwise agreed in writing. Contract notes in respect of investments will be forwarded to the client within two business days of the transaction. The firm will forward title documents within two business days of receipt.
When title documents are held for longer than 48 hours, they will be held in our safe facilities. Appropriate entries will be made in the register maintained in accordance with FCA rules. The company will not accept liability for default by a third party who is the nominal holder of clients registered investments, or has in their possession client cash, title documents, or certificates evidencing title to any investment.
All documents, cheques, etc may be sent by post at the client's risk. We shall at the clients request and expense, send documents by registered post. In the absence of such a request, the client shall pay all charges incurred for the recovery or replacement of lost documents.
As a 'Retail Client' you will receive the very highest levels of investor protection when dealing with Heritage Financial Services.
Services will be provided either on an advisory or execution only basis. Once investments or arrangements are in place, the firm shall not provide further advice unless the client has agreed to one of the servicing options.
The firm or its client may terminate authority to act for a client by providing notice of termination in writing. This shall be without prejudice to any transaction already in progress.
DUE CARE AND DILIGENCE. The firm will exercise due care and diligence in conducting their business, but will not be liable for any depreciation of investments arranged by them.
COMPLAINTS PROCEDURE. We have a written policy for handling complaints and how we ensure we deal with each complaint promptly and fairly. You can obtain a summary from us should you so request. Should you have cause to complain for any reason a copy of our policy for handling of complaints will be automatically sent to you. Please direct your complaint to the Compliance officer at the firm's address. Clients should be aware that if they are unhappy with any response to a complaint received from the company, they may complain directly to the Financial Ombudsman Service If you are an eligible claimant under the rules of the Financial Services Authority, your account will be protected by the Financial Services Compensation Scheme. You may be entitled to compensation from the scheme if we cannot meet our obligations. For investments, compensation is provided for 100% of the first £50,000 for each individual and product provider. The maximum level of compensation for protection and pension claims against firms declared in default is 90% of the claim with no upper limit. Further information about compensation arrangements is available from the Financial Services Compensation Scheme www.fscs.org.uk. The Financial Services Compensation Scheme also provides awards if any third party institution we may use is declared in default or insolvent.
ADVISORY or EXECUTION ONLY SERVICE. Unless explicitly stated in writing, we do not provide advice and therefore do not have a duty to ensure suitability, thus you will not be entitled to compensation from us if it is established that the service or product is not suitable. It is your responsibility to take into account your circumstances and objectives and then form a judgement as to suitability. Investments can go down in value as well as up and you could get back less than you invest. The past is not a guide to future performance.
RIGHT TO AMEND. We reserve the right to amend these terms and will give you notice in good time before making material changes.
Incidental changes will be notified via an update to the Terms & Conditions on the Heritage Financial Services Website at the time the changes are made.
Material changes will be notified to you at least 30 days in advance of the change taking place.
DATA PROTECTION. The company ensures that all data will be held in compliance with current and future legislation. You consent to us releasing information about you to regulated entities in order to obtain any quotations/arrange investments or insurance at your request.
The firm will keep you informed of financial products and services by email, telephone, fax, post or other reasonable means. If you do not wish to receive marketing material from the company please let us know.
The firm will maintain records of data held on clients for a period of 6 years from the date of their last transaction.
You agree to us sharing any information that we hold about you with a fraud reference agency should it be required.
DELAY IN PROCESSING. The firm will not be held responsible for any delay beyond its control, or as a result of a failure by any party (including the client) to complete all the necessary steps to process a transaction.
ANTI-MONEY LAUNDERING. The firm reserves the right to approach a third party in order to verify the identity of a client, or any other person providing funds on behalf of an investment made in the client's name.
Where further information is required, to verify identity, the company reserves the right to delay applications or withhold settlement until sufficient identification has been provided.
OUR APPROACH TO MANAGING CONFLICTS OF INTEREST. We are determined to treat our clients fairly at all times. In case conflicts arise between the interests of Heritage Financial Services, our employees and our clients and also between clients, we have a specific policy in place to ensure that we identify and handle conflicts fairly and treat our clients with honesty and integrity at all times.
OUR ORDER HANDLING POLICY. When we deal for you we consider a range of factors including price, costs, the speed at which we will be able to complete your deal, the likelihood of being able to place the deal and settle it, the size of your deal, the nature of your order and other relevant considerations. The most important factor is the price because we believe this is our clients' key consideration. Please bear in mind that if you give us specific instructions regarding the way in which you would like us to place your deal, we may not be able to obtain the best results for you.
We deal through Selftrade to gain access to the London Stock Exchange, PLUS Markets and a number of Retail Service Providers and Market Makers. We may occasionally need to place your deal outside a regulated market, for example if you wish to buy or sell overseas shares and by agreeing to these terms you give your consent and agreement to this.
When you buy and sell unit trusts, OEICs and other open ended investment funds we deal mainly through the Standard Life Wrap, Skandia Investment Solutions and Fidelity FundsNetwork investment platforms.
LAW. These Terms & Conditions will be governed by and construed in accordance with English law.
We shall communicate with you in English. All documents will be provided to you in English and it is expected that you will communicate with us in English. There is no minimum duration for the contract.
CLIENT MONEY. Cheques must only be made payable to the product provider concerned, as specified on their application form. Heritage Financial Services DO NOT HANDLE CLIENT MONEY.
RECEIVING INSTRUCTIONS. The firm requires written instruction to act on your behalf. Oral instruction will be accepted at the company's discretion, and we may require you to provide confirmation in writing.
PAYMENT FOR SERVICES. Our income comes from either commission from investment managers and other providers we place business with or fees paid to us by our clients for financial advice where this has been requested. You will be informed by us, the life office or the unit trust managers in writing of the maximum amount of commission payable. We may share commission with professional connections at our discretion.
Where we have agreed with you to charge a fee in relation to services, you will be notified in writing before chargeable work is carried out, with an explanation of the basis for fee calculation.
Should you require further details in respect of our remuneration, commissions, payments and fee details of your transactions and investments then these are available to you should you so request.
Where a client requests immediate reinvestment of proceeds of a unit trust/share sale, Heritage Financial Services will reinvest once proceeds are received, or earlier, at its discretion.
CANCELLATION RIGHTS. You have the right to cancel if you bought the underlying investments following face to face or long distance advice from Heritage Financial Services. You also have the right to cancel the underlying investments purchased under the agreement. You can exercise your right to cancel investment and pension products within 14 days of the date on which the contract is concluded or for pure protection products it is 30 days for any reason and without penalty. You can give notice that you wish to cancel by writing to us at the address given. If you exercise your right to cancel the underlying investments can either be sold or transferred out to another nominee. There may be a charge for effecting these transfers (please see the Terms & Conditions for details). Where the underlying investments are sold, you could suffer a shortfall between the amount you invested and the amount raised by the sale of the investments. Heritage Financial Services will not be responsible for any shortfall that arises. Any shortfall will be borne by you. Where an ISA investment has been made by transferring funds from another provider, cancellation may result in the return of the ISA proceeds directly to you. This may mean that you lose those ISA allowances relating to the transfer.