Terms and conditions of business
- Terms of Business
- Authorised Status
- Statutory Codes
- Our Services
- Disclosure of Information
- Handling Clients’ Money
- Conflicts of interest
- Default on payments by clients
- Compensation Scheme
- Governing Law and Language
- Anti – Money Laundering/Countering
- Data Protection
- Direct Marketing
- List of Insurers/Product Producers
- Regulatory Body
Terms of Business
These Terms of Business set out the basis upon which Daly Fitzgerald Financial Services Ltd t/a Freedom Financial will provide Financial Services to you. They also contain details of our regulatory and statutory obligations and the respective duties of both our firm and you in relation to such services. This is an important document – please read carefully and if you have any questions please contact us. If there are any material changes to the information in this document you will be issued with a revised copy as soon as possible.
Daly Fitzgerald Financial Services Ltd t/a Freedom Financial is regulated by the Central Bank of Ireland as an Investment Intermediary under the Investment Intermediaries Act 1995 (as amended), as an Insurance Intermediary under the European Communities (Insurance Mediation) Regulations 2005, as a Mortgage Intermediary under the Consumer Credit Act 1995 and as a Mortgage Credit Intermediary pursuant to the European Union (Consumer Mortgage Credit Agreements) Regulations 2016. Copies of our statements of Authorised Status from the Central Bank of Ireland are available on request. Alternatively the Central Bank of Ireland holds registers of regulated firms which can be viewed on their website www.centralbank.ie. Our registration number is C160192.
Daly Fitzgerald Financial Services Ltd t/a Freedom Financial is subject to and complies with the Consumer Protection Code, Minimum Competency Code and Fitness & Probity Standards. These Codes offer protection to consumers and can be found on the Central Bank of Ireland website www.centralbank.ie.
Daly Fitzgerald Financial Services Ltd t/a Freedom Financial are authorised to advise you in relation to a wide range of Insurance and Investment Products as well as Mortgage Services. The scope of our research and advice will be limited to the Insurers/Product Producers we hold an appointment with, based on which we will make a professional recommendation to best serve your needs and circumstances. On receipt of your instructions we will transmit orders on your behalf to one or more Insurers/Product Producers with whom we hold a written appointment, a list of which is detailed below.
We do not have any ‘tied’ relationships with any institution that would compromise our ability to offer you impartial advice and choice. We do not guarantee nor make representations in regard to, and expressly disclaim responsibility for the financial security of the Insurance Companies and Product Producers with which we place business.
Disclosure of Information
It is your responsibility to provide complete and accurate information for Insurers when arranging a policy. Failure to disclose any material information to your Insurers may invalidate your cover and could mean that all or part of a claim will not be paid. It is also your responsibility to provide complete and accurate information to Financial Institutions in order for them to conduct a proper credit worthiness assessment when arranging Mortgage finance. If you are unsure as to your disclosure requirements, please discuss this with us.
Daly Fitzgerald Financial Services Ltd t/a Freedom Financial will be remunerated for business services we offer you our client by commission earned from Insurers and Product Producers to whom orders are transmitted, for new business and/or based on quality of business introduced. Summary details of these payments will be included in a product information document which you will receive both from us and the Insurer/Product Producer.
In the case of life assurance, pensions and investments where our firm is not in receipt of commission may charge a service fee, agreed with clients, depending on complexity of the transaction, time spent and nature and extent of the transaction. Our fees are charged as follows:
- Advisor fees: €200 per hour
- Support Staff: €150 per hour
All fees are agreed with the client in advance. We also offer all clients the option to pay in full for our services by means of a fee.
Handling Clients’ Money
Daly Fitzgerald Financial Services Ltd t/a Freedom Financial will accept payments by cheque in respect of all classes of insurance in the circumstances permitted under Section 25G of the Investment Intermediaries Act, 1995 (as amended). The Company is not authorised to accept negotiable instruments in any other circumstances.
Our firm will issue a receipt for each negotiable or non-negotiable instrument or payment received pursuant to Section 30 of the Investment Intermediaries Act 1995 (as amended).
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 to it from clients for services provided.
Insurers/Product Producers may withdraw benefits or cover in the event of default on payments due under policies of insurance arranged for you. We would refer you to policy documents or product terms for the details of such provisions.
You, the customer can cancel your policy at any time by giving notice in writing subject to the terms and conditions of the applicable policy.
We ask that you make any complaint against our firm, relating to services provided by us, preferably in writing however, verbal complaints will also accepted. We will acknowledge your complaint within 5 business days and we will fully investigate it. A written update will be issued to you every 20 days by a nominated individual within our firm. A comprehensive response to your complaint will be issued within 8 weeks of receipt of your initial complaint. 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 (1890-882090 firstname.lastname@example.org) or the Pensions Ombudsman (01-6766002 email@example.com). A full copy of our complaints procedure is available on request.
We are members of the Investor Compensation Scheme established under section 30 of the Investor Compensation Act 1998. The Act provides that compensation shall be paid to eligible investors (as defined in the Act) to the extent of 90% of an investor’s net loss or €20,000, whichever is the lesser, and is recognised as being eligible for compensation. Further details are available on request.
Governing Law and Language
The laws of Ireland form the basis for establishing relations between you and our firm. All contracts, terms, conditions and communications relating to any policies you may enter into with this firm will be in English.
Anti – Money Laundering/Countering the Financing of Terrorism
Our firm reserves the right to request any facts about a client which it reasonably believes it needs to know in order to comply with the Criminal Justice (Money Laundering and Terrorist Financing) (Amended) Act 2013.
Daly Fitzgerald Financial Services Ltd t/a Freedom Financial complies with the Data Protection Acts 1988 and 2003. We collect your personal details in order to provide the highest standard of service to you. We take great care with the information provided; taking steps to keep it secure and to ensure it is used only for legitimate purposes. 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. We may receive referrals from Associated Companies and may advise them of any transactions arranged for you.
You have the right at any time to request a copy of any “personal data” within the meaning of the Data Protection Act 1988 and 2003 that our office holds about you and to have any inaccuracies in that information corrected. Any requests should be forwarded to the Compliance Officer.
We would like to keep you informed of various Pension, 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.
These Terms of Business are valid from February 2017 until further notice.
List of Insurers/Product Producers with whom we hold a written appointment:
IFG Investment and Mortgage Services Ltd t/a One Network, One Platform
Daly Fitzgerald Financial services Limited, T/A Freedom Financial is regulated by the Central Bank of Ireland.