Terms of Business

These Terms of Business applicable from 21/04/2021 set out the general terms under which we will provide business services to you and the respective duties and responsibilities of both ourselves and you in relation to such services. Please ensure 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 and Codes of Conduct 

Linked Pensions & Investments Ltd is regulated by the Central  Bank of Ireland. Our authorisation can be checked on the Central  Bank of Ireland registers website at www.centralbank.ie or by calling them on 1890 777 777 to verify our credentials. Our reference code is C189499. We are also subject to the Consumer  Protection Code, Minimum Competency Code and Fitness &  Probity Standards which offer protection to consumers. These  Codes can also be found on the Central Bank’s website.  

Our Services 

We are an Insurance, Investment and Mortgage Credit  Intermediary. Our principal business is to provide advice and arrange transactions on behalf of our clients in relation to life,  pensions, investments & mortgage products. We are not under a  contractual obligation to conduct Insurance distribution business exclusively with one or more Insurance Undertakings and do not give advice on the basis of a fair and personal analysis, we do however provide advice from the selection of products provided by the Companies and Lenders we have agencies with. We  recommend the product, in our professional opinion, is best  suited to your needs and objectives from this selection of  products.  

As part of the process when giving our clients advice on  Investments we will need to gather information with regards your investment knowledge and experience, if this information is not provided, we will not be in a position to determine whether the product is appropriate for you. 

For a full list of Providers and lenders we have agencies with; 

Mortgages 

Through the lenders or other undertakings with which we hold an agency, we can provide advice on and arrange mortgage products from the following range: fixed-rate loans, variable rate mortgages, capital & interest mortgages, interest-only mortgages,  endowment mortgages, pension mortgages and residential investment property. We provide mortgage advice on mortgages from the selection of lenders we have agencies with. We will need to collect sufficient information from you before we can offer any advice on housing loans. This is due to the fact a key issue in relation to mortgage advice is affordability. Such information should be produced promptly upon our request. Where the creditor is unable to carry out an assessment of creditworthiness because the consumer chooses not to provide the information or verification necessary for an assessment of creditworthiness, the credit cannot be granted. 

Disclosure of information 

We act as your representative to the companies we have agencies with, and we will provide assistance to you for any queries you may have in relation to the policies or in the event of a claim during the life of the policies and we will explain to you the various restrictions, conditions and exclusions attached to your policy. However, it is your responsibility to read the policy documents, literature and brochures to ensure you understand the nature of the policy cover. Material information about medical history, non-smoker status, occupation category and any hazardous pursuits are central to underwriting decisions and it is imperative all information you provide to the insurer is accurate and complete.  

You are under a duty to answer all questions posed by the insurer or ourselves on your behalf, honestly and with reasonable care. It is presumed, unless the contrary is shown, you would know all questions in an application or at renewal are material to the risk undertaken by the insurer or the calculation of the premium by insurer, or both. Any failure to disclose material information may invalidate a claim and render your policy void.  

You must inform and disclose any material information including any material changes which might take place between the time you complete an application form and the time you pay the first premium. 

To assist us in providing you with a comprehensive service and to keep our records as up-to date as soon as possible, please notify us of any changes to your personal circumstances, e.g., name change, change of address, etc. 

Although we will not be considering adverse impacts of investment decisions on sustainability factors in our investment and insurance-based Investment advice, we will keep an eye on the changes the Product Providers put in place and note any  adverse effect on the cost to you if any. 

Adverse Sustainability Impacts Statement 

After due consideration with regards the legislation on  Sustainable Finance Disclosure Regulation, due to our size and the type of business we transact with our clients, we have decided not to consider adverse impacts of investment decisions on sustainability factors in our investment and insurance-based  Investment advice. The reason we have decided this course of  action is because we do not produce these investments, it is the  Product Producers we have agencies with who build the  Investment Products we advise on. Within the next year we will consider whether we will continue with this view, to ensure we stay within the guidelines of the legislation.  

If any of the investments we provide advice on have a  Sustainability Finance Disclosure, these investments will be produced by the product providers we have agencies with, and their brochures and documents will have full details of the areas are considered. 

Remuneration 

Linked Pensions & Investments Ltd is remunerated by commission and payments from product producers or lenders on the completion of your business. You may choose to pay in full for our services by means of a fee. Where we receive recurring commission, this forms part of the remuneration for ongoing advice with regards to the business we advise you on and we will  provide you with an annual update on your Investment business. 

If we receive commission from a product provider, this will be offset against the fee which we will charge you. Where the commission is greater than the fee due, the commission will become the amount payable to us unless an arrangement to the contrary is made. Additional fees may be payable for complex cases or to reflect value, specialist skills or urgency. We will give an estimate of this rate in advance of providing you with services. The above does not apply to Mortgage business. 

We may receive up to 1% (or whatever maximum is applicable) of the loan for arranging mortgage finance. This commission is paid by the mortgage lender. The actual amount of commission will be  disclosed at a later stage in the ESIS (European Standardised 

Version Apr 2021 

Information Sheet) which will be forwarded to you at loan offer stage. A fee of €297 is charged for arranging your mortgage application. Please note lenders may charge specific fees in certain circumstances and if this applies, these fees will be specified in your Loan Offer. You have the right to pay a fee separately and not include it in the loan. A full list of lenders and remuneration is available on request. 

If we provide mortgage advice and obtain a Loan Offer for you and you subsequently do not proceed with your mortgage application through ourselves, we will charge you an arrangement fee of €297 for our services. 

A summary of the details of all arrangements for any fee,  commission, other reward or remuneration paid or provided to us by the product producers” is available on our website or in our offices. If you need further explanation on this information, please do not hesitate to call us. 

Regular reviews 

It is in your best interests you review, on a regular basis, the business which we have arranged for you. As your circumstances change, your needs will change. Please advise us of those changes and request a review of the relevant business so we can ensure you are provided with up-to-date advice best suited to your needs. 

Conflicts of interest 

It is our policy 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. As per above we receive commission from the lenders and companies we have agencies with for the business you transact. 

Default on Payments by Clients 

We will exercise our legal right to receive payments due to us from clients (fees) for services provided. Product producers may withdraw benefits or cover in the event of default on payments due under policies or other products arranged for you. We would refer you to policy documents or product terms for the details of such provisions. 

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. 

Client Monies & Receipts 

We request all cheques or negotiable instruments are made  payable to the appropriate Product Provider for Life, Pensions,  Investment business and to lenders. We shall issue a receipt for each payment received. These receipts are issued with your protection in mind and should be stored safely. Every effort is made to ensure clients’ money is transmitted to the appropriate  Product Provider without delay. We are not authorised to accept cash. 

The acceptance by Linked Pensions & Investments Ltd of a  completed proposal DOES NOT in itself constitute the effecting of  a policy. It is only when the Provider or Lender confirms the policy is in place or loan is drawn down your policy is live. 

Complaints 

We have a complaints procedure in place which is available on request. Your complaint can be in writing, email, telephone or face to face. If your complaint is face to face or by phone, we will write to you to confirm our understanding of your complaint. We will acknowledge your complaint within 5 business days, advising you of the name of the person dealing with your complaint on behalf of the company. Please address any complaint to Linked  Pensions & Investments Ltd. If in the event, a complainant is dissatisfied with the outcome of our investigation, you are entitled to refer the matter to the Financial Services & Pensions  Ombudsman, Lincoln House, Lincoln Place, Dublin 2, Lo-call 01  5677000 email info@fspo.ie. 

Data Protection 

Linked Pensions & Investments Ltd complies with the requirements of the Data Protection Regulation. The data will be processed only in ways compatible with the purposes for which it was given. We will provide you with a separate Data Privacy  Notice which will outline exactly how, what and where we use your data. We may receive referrals from partner firms and may advise them of any transactions arranged for you. 

Compensation Scheme 

We are members of the 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 the Act. Compensation may be payable where money or investment instruments owned 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 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 the client’s loss is recognized 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 Co Ltd. at  (01) 224 4955. 

Governing Law and Business Succession 

These Terms of Business shall be governed by and construed in all respects according to the laws of the Republic of Ireland and will be deemed to cover any successors in business to Linked  Pensions & Investments Ltd. 

DECLARATIONS 

I/We acknowledge I/We have been provided with Terms of  Business and Data Privacy Notice for Linked Pensions &  Investments Ltd and confirm I/We have read and understand them. 

Direct Marketing  

I/We consent to Linked Pensions & Investments Ltd making contact with me/us in relation to marketing for a range of services provided by ourselves or our associated or partnership companies which we feel may be of interest to you and to the sharing of relevant information. We will still be allowed to contact you in relation to the business we have advised you on, even if you opt-out of marketing material. You have the right to be removed from our marketing lists in the future, by contacting us and requesting same. 

Linked Pensions & Investments Ltd is regulated by the Central Bank of Ireland Reg No. 637831. Directors: Cormac Sheehy. 6 Pearse Court, Pearse Street, Athlone, Co Westmeath. Tele: 090 6417023. Email: hello@linkedfinancial.ie. Web: www.linkedfinancial.ie