Introduction and definitions:
- Moneyspider (‘Moneyspider’, ‘we’, ‘our’ or ‘us’) is a trading style of Clayton House Ltd. These terms of business and any accompanying documents from time to time (‘Terms’) are made between Clayton House Ltd, company number 07474759, registered Office: 44-46 Old Steine, Brighton, East Sussex, BN1 1NH, and a person registering with us (‘you’) and set out the terms of the contract between you and us and are deemed accepted by you in your application to receive Reports from us via our website.
- The following expressions in these Terms have the following meanings:
FSA Rules or any other rules of a relevant regulatory authority; and all other applicable laws, rules and regulations as in force from time to time, as applicable to this Agreement.
the Financial Services Authority of the United Kingdom.
Clayton House Ltd who's registered office is 44-46 Old Steine, Brighton, East Sussex, BN1 1NH
any report provided by us in relation to the value and performance of certain investments held by you from time to time.
articles, rules, regulations, procedures and customs, as in force from time to time.
the provision of Reports and/or arranging Transactions for you on an execution only basis.
means a transaction in investments which we may arrange for you on an execution only basis.
- Moneyspider is a trading style of Clayton House Ltd. Clayton House Ltd is an Appointed Representative of Antrams Financial Services LLP which is authorised and regulated by the Financial Services Authority (FSA) and is bound by the Rules of the FSA, registration number 523254. These details can be found on the FSA's website, www.fsa.gov.uk or by contacting the FSA on 0845 606 1234.
- These Terms set out the basis on which we will provide the Service.
- Moneyspider does not offer independent financial advice or act as an adviser to you.
- Moneyspider does not sell or advise on the suitability of investment products, particular Transactions relative to these, their taxation consequences or the composition of any investment portfolio.
- If you require Moneyspider to arrange for the transfer of your investments from one plan manager or fund manager to another we can do this for you on an execution only basis. Moneyspider has not and will not carry out any review of your personal circumstances or objectives and it is up to you to decide if a particular investment product is the right one. If you are in any doubt as to whether to enter into a Transaction you should discuss this with the IFA before making your decision or sending a transfer instruction to us.
- We prefer instructions to be given to us in writing to avoid any possible disputes. If any instructions are given orally then they should be confirmed in writing. We may refuse at our discretion to accept certain instructions, although such discretion will not be exercised unreasonably.
- Where we do provide market information or other information this is incidental to our providing the Reports and your relationship with us. It is provided solely to enable you to make your own investment decisions and does not amount to advice or recommendation.
Charges and payments:
- We do not charge you for providing your Report. We may receive income by way of trail commission on investments owned by you whether or not they were initially bought through our agency. This will be retained by us for providing the Service to you. The commission may be received from, for example, ISA managers, unit trust managers and other organisations with whom your investments are held.
- As provided under section No advice clause 3 we will arrange for the transfer of your investments from one plan manager or fund manager to another on an execution only basis. We will retain one half of any commission we receive from such transfers to cover our administration expenses, and refund to you the remainder.
- Moneyspider does not handle client money nor does it accept cash.
- You will be fully responsible for funding any investments you make and for the payment of any fees or charges due to your IFA.
- When arranging a monthly savings plan through Moneyspider, members will incur initial commission charges, as stated on the site, which will be paid to ourselves by the ISA manager, Unit Trust manager or other organisation with whom your investments are held.
You will at all times be fully responsible for payment of all taxes due and for the making of all related claims whether for exemption from withholding taxes or otherwise, for filing any tax returns and for providing any relevant tax authorities with all necessary information in relation to any investment business carried on for you by your IFA or any investments which you make on your own behalf.
Moneyspider collects personal data from you through report requests, the use of enquiry and survey forms and every time you send your details to Moneyspider. It is your responsibility to ensure that your personal data is accurate and up to date and to inform Moneyspider of any changes that need to be made.
Use of personal data
Moneyspider processes personal data collected via the website or otherwise for the following purposes:
- providing its Reports;
- providing you with information about its services;
- audit usage of the site;
- notifying you of any new services and features on the site;
- understanding your needs;
- marketing profiles;
- strategic development;
- keeping you informed about events, selected products and services which may be of interest to you; or
- providing you with information from carefully selected third parties.
Transfer of personal data
- Moneyspider has taken steps to ensure that it has taken all appropriate administrative and technical measures to prevent the unauthorised or unlawful use of your personal data and to prevent any accidental loss, destruction or damage to such personal data.
- Personal data may be transferred to a third party if all or part of Moneyspider is sold, merged or otherwise transferred to another entity.
Disclosure to others
We will treat all information we hold about you as private and confidential even when you are no longer a customer. We will not disclose any information we hold about you to others except:
- to the extent we are required to do so by any Applicable Regulations;
- where there is a duty to the public to disclose;
- where our interests require disclosure;
- to Clayton House Limited, for so long as we are its appointed representative and it is intended to assist them to provide services to you;
- to your product providers, fund managers, ISA Managers etc.;
- as provided in these Terms;
- at your request or with your consent;
- our auditors; or
- where at our discretion we consider it necessary.
Our use of information
- You agree that we and our associated companies may hold and process by computer or otherwise any information we hold about you and may use any of that information to administer and operate your account and to provide any Service to you. You agree that we may disclose that information to other companies in our group for these purposes.
- Subject to information provided by you in the registration form, we may analyse and use the information we hold about you to enable us to give you information (by post, telephone, e-mail or other medium, using the contact details you have given us) about other services offered by us (or selected third parties such as product providers and fund managers) such as which we believe may be of interest to you. If you do not wish to receive marketing information or for us to contact you in any of these ways, please let us know by contacting us in writing.
Access to information
- You may have a right of access to some or all of the information we hold about you, or to have inaccurate information corrected, under data protection law. If you wish to exercise either of these rights, please contact us in writing. A fee may be charged for providing this information.
- Moneyspider retains all records for at least six years from the date of termination of our agreement with you. You or your appointed agent have the right to inspect the records at a mutually convenient time. As we treat all our clients' records as confidential, we reserve the right to give you copies of your records where in certain circumstances to release the original would compromise other clients' confidentiality.
You may contact us in writing by post, fax or by e-mail. Our contact details are set out on our website.
If you have a complaint about the services provided by us please write to Mr Phil Mines, Antrams Financial Services LLP, 44 Old Steine, Brighton, BN1 1NH. We will supply a copy of our formal complaints procedures upon request or upon receipt of a complaint. If we are unable to resolve a complaint to your satisfaction you may have a right to take your complaint to the Financial Ombudsman Service.
Representations, warranties and covenants:
You represent and warrant to us on the date this Agreement comes into effect that:
- you have reached the age of 18 years or over and have full capacity to agree to these Terms;
- any information which you provide or have provided to us in respect of your financial position, domicile or other matters is accurate and not misleading in any material respect; and
- you act as principal and not as an agent (or trustee) on behalf of someone else. If you are not acting in a principal capacity, please let us know.
Unless required by Applicable Regulations, either party may terminate this agreement by giving written notice to the other at any time. We may terminate an agreement with you immediately if you fail to observe or perform any provision of these Terms.
Exclusions, limitations and indemnity:
- Except to the extent required by law in relation to these Terms, neither we nor our directors, officers, employees or agents will be liable for any direct, indirect, special or consequential losses, damages, loss of profit, revenue or anticipated savings, costs or expenses incurred or suffered by you howsoever caused arising from our agreement with you, from any matter in the Reports, from any Transaction you have entered into or from any omission to provide, or any error in, any information regarding your investments, their value or performance or the value or performance of investments to which they can be compared. Nothing will limit our liability for death or personal injury resulting from our negligence.
- If you do make a valid claim against Moneyspider and we are unable to meet our liabilities under such claim in full you may be entitled to redress from the Financial Services Compensation Scheme. This depends on the type of business and the circumstances of the claim. Most types of investment business are covered for 100% of the first £50,000.
We do not accept any liability for any tax implications of any Transaction you have already entered into at the time you register with us, or that you may enter into in the future.
Changes in the market
We do not accept any liability by reason of any delay by any fund manager, plan manager or product provider or by reason of any change in market conditions either before or after a Transaction is effected.
We will not be liable to you for any partial or non-performance of our obligations under these Terms by reason of any cause beyond our reasonable control, including without limitation any breakdown, malfunction or failure of transmission, communication or computer facilities, industrial action, acts and regulations of any governmental or supra national bodies or authorities or the failure of any relevant intermediate broker, agent or principal of ourselves, custodian, subcustodian, dealer, Exchange, clearing house or regulatory or self regulatory organisation, for any reason, to perform its obligations.
- You may not, without our prior written consent assign any of your rights or obligations in these Terms to any other person.
- Any provision of these Terms which is or may be void or unenforceable will to the extent of such invalidity be deemed severable and will not affect any other provision of these Terms.
- Any notice given under these Terms will be duly served on you if it is left at or sent by first class post to your address last known to Moneyspider; on Moneyspider if it is left at or sent by first class post to its registered office set out on our website. It will be assumed that any notice sent by post will be delivered on the third working day after posting.
- No person who is not a party to these Terms will have any right to enforce any Terms pursuant to the Contracts (Rights of Third Parties) Act 1999.
- These Terms are to be governed by and construed in accordance with English law and the courts of England are to have exclusive jurisdiction to settle any dispute in connection with these Terms.
- We may amend these Terms by posting new terms on our website and advising you by email with your next report following the amendment except where it is impracticable in the circumstances. Such amendment will become effective ten days after you have received such notice. Any other amendment to these Terms must be agreed in writing by us.