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Terms of Business ‚ Version 1.0 October 2008

Talk Financial Ltd
These Terms of Business set out the general terms under which our firm will provide business services to you and the respective duties and responsibilities of both the firm and you in relation to such services. Please ensure that you read these terms thoroughly and if you have any queries we will be happy to clarify them. If any material changes are made to these terms we will notify you.

Authorisation with the Financial Regulator
Talk Financial Ltd. is regulated by the Financial Regulator as a Multi-Agency Intermediary authorised under the Investment Intermediaries Act, 1995; as a Mortgage Intermediary authorised under the Consumer Credit Act, 1995; and as an insurance intermediary registered under the European Communities (Insurance Mediation) Regulations, 2005. Copies of our regulatory authorisations are available on request. The Financial Regulator holds registers of regulated firms. You may contact the Financial Regulator on 1890 200 469 or alternatively visit their website at www.financialregulator.ie to verify our credentials.

Our Services
We offer Financial Advice based on the information you provide. We provide greater choice than either agents or tied agents, with access to most lending agencies, life assurance and investment product providers. We aim to match your requirements with the most suited advice from our extensive list of agencies based on factors including price, choice, product, underwriting, efficiency, fund performance, charges and product features. Through us, we:

  • advise you to complete a full financial review prior to business being transacted
  • encourage you to know what you are buying & why
  • believe it is critical that you feel you are getting value at all times
  • provide a comprehensive service via any of: face-to-face, writing, phone, e-mail and/or our web site and at client discretion.
We can forward you a full listing of our products and product providers on request. We offer Home Insurance exclusively through Hibernian Insurance and via other network providers.

Talk Financial ltd is a member of the Professional Insurance Brokers Association (PIBA), Life Assurance Association (LIA) & Investor Compensation Scheme (ICCL).

Some of our business is sourced from other regulated entities such as accountants, auctioneers and solicitors. In all such arrangements, a transparent partnership is in place and if such recommendation involves remuneration, such agreements are with the approval of the financial regulator and at no extra cost to clients.

Client responsibilities / Disclosure of Information
As our advice is based on the information you provide, It is critical that you ensure such information is conclusive, accurate and correct. All information is treated in confidence. For example, it is important that all medical information is provided for Life & Health insurance contracts while your attitude to risk is disclosed for investment products. Any failure to disclose material information may invalidate your claim and render your policy void. You should advise us within 28 days of doing business if any detail is unclear to you.

Life & Pensions
As a Multi-Agency Intermediary, we can provide advice in relation to products for which we hold an agency, and can place business on your behalf with those product producers. Talk Financial Ltd. can provide advice on and arrange products from: life cover, serious illness cover, income protection, savings, investments and pensions. We also offer a review service of your existing policies within our agency range to check their on-going suitability to your needs.

We offer assistance for any queries you may have in relation to policies arranged by Talk Financial or in the event of a claim and we will explain to you the various restrictions, conditions and exclusions attached to these policies. It is however, your responsibility to read the policy documents, literature and brochures to ensure that you understand the nature of the policy, particularly in relation to PHI, Life and serious illness policies and investment risk.

Personal Retirement Savings Accounts (PRSAs) & Pensions
There are two PRSA types for charges: Standard (with capped charges) and Non-standard (variable charges). There are also AVC-PRSA's for occupational pension members, executive and group pensions and various single premium pension investment choices. All charges are disclosed prior to you applying for any such contract.

Mortgages / Commercial Lending
Through the lenders with which we hold an agency directly or via other agency network offices, Talk Financial Ltd. can provide advice on and arrange products from the following range: fixed-rate loans, variable rate mortgages, capital & interest mortgages, interest only mortgages, tracker mortgages, endowment mortgages, pension mortgages, residential investment finance and commercial finance.

We will need to collect sufficient information from you before we can offer any advice on housing loans. This is due to the fact that a key issue in relation to mortgage advice is affordability. Such information should be produced promptly upon request.

Commission & Charges
Talk Financial Ltd is remunerated by commission and other payments from product producers or lenders on the completion of business. In certain circumstances, it will be necessary to charge a fee for services provided.

Example
Financial Consultation; Small Mortgage Applications; Sub-prime Loan; Commercial Finance; Financial Reports; Business Planning; Lapsed/Cancelled policies and loans.

All Fees are agreed in writing in advance.

Regular Reviews
It is in your best interests that you review, on a regular basis, the products which we have arranged for you. As your circumstances change, your needs will change-you should advise us of those changes and request a review of the relevant policy so that we can ensure that you are provided with up to date advice and products best suited to your needs. Failure to inform us of changes in your circumstances, or failure to request a review, may result in you having insufficient insurance cover and/or inappropriate investments, Talk Financial Ltd accepts no responsibility in such circumstances.

Conflicts of interest
It is the policy of our firm to avoid conflicts of interest in providing services to you. However, where an unavoidable conflict of interest arises we will advise you of this in writing before providing you with any service.

Default on payments by clients
Our Firm will exercise its legal rights to receive payments due from clients for services provided and reimbursement for any payments we make to institutions on your behalf. Product providers may withdraw product benefits in the event of client payment default. Mortgage lenders may seek early repayment of a loan and interest if you default on your repayments. Your home is at risk if you do not maintain your agreed repayments.

Complaints
We ask that you make any complaint against our firm relating to services provided by us in writing. We will acknowledge your complaint within 5 business days and we will fully investigate it. On completion of our investigation, we will provide you with a written report of the outcome. In the event that you are still dissatisfied with our handling of, or response to your complaint, you are entitled to refer the matter to the Financial Services Ombudsman or the Pensions Ombudsman. A full copy of our complaints procedure is available on request.

Data Protection
Talk Financial Ltd. complies with the requirements of the Data Protection Acts, 1998 and 2003.

The data which you provide to us will be held on a computer database and paper files for the purpose of arranging transactions on your behalf. Some applications are submitted electronically through a secure web-site.

We would also like to keep you informed of mortgage, insurance, investment, and any other services provided by us or associated companies with which we have a formal business arrangement, and which we think may be of interest to you. We would like to contact you by way of letter, email, telephone call or personal visit. If you do not wish to receive such marketing information please let us know.

Compensation Scheme
We are members of the Investor Compensation Scheme operated by the Investor Compensation Company Ltd. See below for details.

Investor Compensation Scheme
The Investor Compensation Act, 1998 provides for the establishment of a compensation scheme and the payment, in certain circumstances, of compensation to certain clients (known as eligible investors) of authorised investment firms, as defined in that Act.

The Investor Compensation Company Ltd. (ICCL) was established under the 1998 Act to operate such a compensation scheme and our firm is a member of this scheme.

Compensation may be payable where money or investment instruments owed or belonging to clients and held, administered or managed by the firm cannot be returned to those clients for the time being and where there is no reasonably foreseeable opportunity of the firm being able to do so. A right to compensation will arise only:
  • If the client is an eligible investor as defined in the Act; and
  • If it transpires that the firm is not in a position to return client money or investment instruments owned or belonging to the clients of the firm; and
  • To the extent that the client's loss is recognised for the purposes of the Act.
Where an entitlement to compensation is established, the compensation payable will be the lesser of:
  • 90% of the amount of the client's loss which is recognised for the purposes of the Investor Compensation Act, 1998; or
  • Compensation of up to €20,000.
For further information, contact the Investor Compensation Company Ltd. at (01) 410 4955.

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