Terms of Business
These terms of business are issued on behalf of AVN Capital Ltd T/A AVN Group – 100 Ardrossan Gardens, Worcester Park, Surrey, KT4 7AY (The Company). Whose contact details are: info@avngroup.co.uk / 02039255759.
Authorisation and Regulation
- The Financial Conduct Authority (FCA) is the independent watchdog that regulates financial services.
- AVN Capital Ltd T/A AVN Group authorised and regulated by the Financial Conduct Authority. The Financial Services Register number is 913054.
Engagement
- You (the person(s) signing as client(s) below) agree to engage us (the firm identified in clause 2) with the view of taking full advantage of our complete range of advice, research, personal recommendation and implementation services in respect of your insurance needs.
- We agree that we will review and report on your financial affairs; we will examine your life, health and insurance plans with a view of providing you with a professional opinion and high quality recommendations.
- You agree to appoint us as your agent from the date that you sign this document. Unless otherwise agreed in writing we agree to treat you as a retail client. This means you are normally afforded the full protection of the FCA and other financial service consumer protection bodies. We will advise you if at any time you are not so protected.
Communications
You agree to us communicating with you in English. We will act upon your written instruction in a timely manner. We are required to confirm back to you in writing, our understanding of any verbal instructions before we are able to act upon them. We will communicate with you by way of post, telephone and email.
Client Identity
You agree to us obtaining verification of your identity in line with the requirements of the Proceeds of Crime Act 2002 and the Money Laundering Regulations 2007. We will require you to provide verification of your identity before we are able to complete any transaction for you. We reserve the right to seek independent verification of your identity from a third party if necessary.
Data Protection
- You agree that we can maintain and retain an accurate record of all dealings with you for such periods of time as required by the FCA client record keeping rules.
- We agree that we will hold your personal data in line with the requirements of the General Data Protection requirements Act 2018 (the Act). You or anyone authorised by you are able to request copies of all personal data we hold relating to you at any time. We may make an administration charge for this but it will be no more than the maximum permitted under the Act.
- You agree that we can share this personal data with other organisations but only in pursuit of your financial planning needs, wherever a legal obligation may require it and with such Legal and Regulatory organisations that can make an information request to us.
- You agree that we cannot be held responsible for holding or relying upon inaccurate information you have provided to us or where you have failed to keep this personal data up to date.
Conflicts of Interest
- We agree that we will always act honestly, fairly and professionally when conducting business with you.
- We agree to make you aware of any conflict of interest that we are aware of which arises between the work we are doing for you and any of our other clients or ourselves and obtain your consent to continue before we carry out your instructions.
- We agree to take all reasonable steps to ensure your fair treatment where a conflict of interest arises. A copy of our conflict of interest policy is available upon request.
Products and Institutions
- We agree that we will identify and make personal recommendations to you that are suitable and are considered to be in your best interests.
- You have the right to give us specific instructions to restrict our advice and recommendations to specific areas of your needs and objectives. You need to let us know about any specific restrictions that you want to place on us.
- We may consider using both UK and Non-UK Institutions for your financial planning solutions. You should be aware that different legal and regulatory regimes may apply between UK and Non-UK Institutions. Your ability to enforce your legal rights or to seek compensation may also vary. If you do not wish to use a Non-UK Institution, please advise us immediately.
Compensation Information
We agree to hold and maintain professional indemnity insurance compliant with FCA requirements. We are also covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim.
Insurance
- Insurance advising and arranging is covered for 90% of the claim, without any upper limit. For compulsory classes of insurance, insurance advising and arranging is covered for 100% of the claim, without any upper limit.
- Further information about compensation scheme arrangements is available from the FSCS.
Force Majeure
- You agree that we cannot be held liable for any loss resulting from third party insolvency or failure of a third party to act with due skill, care and diligence. This is subject to us having exercised reasonable skill and care in selecting the third party for this role, in accordance with our due diligence procedures.
- If any Institution with whom you have a policy or with whom you hold an investment becomes insolvent, you may be limited in the amount of compensation against loss that you can receive. You may ask us for details of the compensation schemes relevant within other jurisdictions.
Client Money
We do not have the authority to hold client money and do not operate a client account for the receipt and payment of client money in respect of investment transactions. All client money should be paid to the product provider concerned.
Cancellation Rights
We agree that we will inform you of your statutory rights to cancel any application that you have submitted for any We will also inform you where there is no such cancellation period or a different cancellation period applies.
Costs and Charges
We agree to inform you in writing of the specific costs and charges relating to the work that we agree to undertake for you in advance of undertaking any work that will attract a cost to you. All of our standard costs and charges are contained within our About Our Services document, which has been provided to you.
Other Benefits
From time to time we may receive other benefits from institutions that we introduce a customer to. These other benefits can be in the form of monetary or non-monetary benefits and are intended to enhance the service we can provide to our clients. We agree to provide you with details of any monetary or non-monetary benefit received in relation to any transaction completed for you upon request.
Paying for our Services
- You agree that you will pay for our services, as outlined in our About Our Services document.
- We will agree with you the preferred method of payment for our services before we undertake any work for you. We will also agree with you when payment for our services will be due.
- Where a fee for our services is deducted or a commission is paid from a recommended product, you agree that in the event of the product not proceeding or being cancelled, if this results in non-payment or recall of the fee or commission, that you will pay the agreed fee or commission direct.
- You agree that all payment for services will be made payable to the company and not to a named individual.
Value Added Tax (VAT)
You acknowledge that VAT may be payable on some of our services and that where VAT is payable that this is in addition to the amount we have agreed with you for the payment of our services. We will tell you when VAT is applicable and the amount of this VAT.
Other Charges and Taxes
- We agree to inform you of any other forms of charges or taxes that we might reasonably expect to become payable by virtue of your status and any product bought by you. We will not be able to confirm the exact amount in many circumstances.
- You agree that we cannot be held liable for the amount of any other charges or taxes that become payable that are outside of our reasonable control.
Disputes Resolution
If you wish to register a complaint, please contact us using the details above, or alternatively you may contact:
In writing… AVN Group, 100 Ardrossan Gardens, Worcester Park, Surrey, KT4 7AY
By phone… 02039255759
By email… info@avngroup.co.uk
If you cannot settle your complaint with us, you may be entitled to refer it to the Financial Ombudsman Service.
You agree that in the first instance that you will permit us to investigate the cause of your dissatisfaction in accordance with the FCA Dispute Resolution Rules.
Termination of Agreement
- It is agreed that either party can terminate this agreement at any time having given written notice to the other party without penalty but without prejudice to the completion of transactions already initiated. Any transactions effected before the termination of the agreement and all charges for services provided to the date of termination will be due immediately, and payable within 14 days.
- If the agreement is ended and we are involved in an incomplete transaction, we reserve the right not to complete the transaction and return to you all documents relating to the incomplete transaction.
Transfer of Rights and Obligations
It is agreed by both parties that the rights and obligations contained within this agreement can be transferred to our successors or another regulated firm where (for whatever reason) we are prevented from exercising our rights and obligations with you under this agreement. We will inform you in writing of any proposed enactment of this clause.
Law and Jurisdiction
You agree that this agreement shall be governed and shall be construed in accordance with English Law and that the parties shall submit to the exclusive jurisdiction of the English Courts in the event that any dispute cannot be settled under the Disputes Resolution term.