Terms Of Business

Four Leaf Cover Limited

Four Leaf Cover Limited
Director Generals House
15 Rockstone Place
Southampton
SO15 2EP

Company Number: 12712909
Authorised and regulated by the Financial Conduct Authority (FCA No. 939387)
www.fca.org.uk | 0800 111 6768

These Terms of Business (“Terms”) set out the basis on which Four Leaf Cover Limited (“we”, “us”, “the Company”) provides services to you (“the Client”). By instructing us, using our website, or proceeding with any service, you agree to be bound by these Terms.

These Terms remain in force unless replaced by a revised version issued to you.

IMPORTANT INFORMATION

It is important that you are fully informed about how your instructions will be handled by Four Leaf Cover Limited (“the Company”). This document sets out the Company’s Terms and Conditions of Business.

Please read this document carefully and keep it in a safe place for future reference.

We reserve the right to make amendments to these Terms of Business. We will notify you of any changes where they affect your current matter. Updated versions are available on request.

By proceeding with your instructions, signing this document, or paying for any services after receiving these Terms, you confirm that you have read, understood, and accepted these Terms in their entirety, except where varied in writing and agreed by us.

1. Governing Law

This agreement shall be governed by and construed in accordance with the laws of England and Wales. The English Courts shall have exclusive jurisdiction.

2. Scope of Our Services

2.1 General Insurance Services (Regulated)

We act as an insurance intermediary and provide regulated advice and arrangement services in relation to:

• Life Insurance
• Income Protection
• Critical Illness Cover
• Private Medical Insurance

Our service includes carrying out a fact find, assessing your protection needs, making a personal recommendation, and arranging cover with insurers on your behalf.

2.2 Estate Planning Services (Non-Regulated)

We are in partnership with Countrywide Tax & Trust Corporation Ltd for full estate planning administration and document preparation service, which may include (where instructed):

• Wills
• Trusts (including lifetime trusts and trusts within a Will)
• Lasting Powers of Attorney (LPA)
• Severance of Tenancy
• Estate planning documentation and related administrative services

This service is non-regulated and does not constitute as regulated financial advice or legal advice. Our Estate planning services – Including but not limited to wills, Trusts, and Lasting Power Of Attorney are delivered in partnership with countrywide Tax & Trust Corporation Ltd, a STEP registered legal services firm specialising in estate planning. STEP (The Society of Trust and Estate Practitioners) is a globally recognised body that promotes the highest standards of competence and integrity among trust and estate professionals. Legal documents are prepared strictly in accordance with the information and instructions you provide. Different estate planning services may be subject to different scopes of work, fees, and terms, which will be confirmed to you in writing at the point of sale.

2.3 Digital Products

Digital products (including templates, guides, portals, and downloadable materials) are supplied electronically.

3. Disclosure and Client Responsibilities

You are responsible for providing complete, accurate, and truthful information at all times. This applies when policies are taken out, amended, renewed, or reviewed. Failure to disclose material information or providing inaccurate information may result in policies being voided, claims being declined, or insurers cancelling cover.

4. Fees and Remuneration

4.1 Protection Services

We do not usually charge a fee for General Insurance /protection advice. We are remunerated by commission paid by insurers.

4.2 Estate Planning Services

Fees for estate planning services are agreed at the point of sale and confirmed by Order Summary and receipt.

The cost to you will be detailed by Four Leaf Cover Limited at the point of sale.

In addition to the costs detailed on the receipt, there may be disbursement costs and other expenses. It shall be your responsibility to settle all the legal costs, disbursements and expenses that we incur throughout your matter. Where we are instructed by more than one person or legal entity to represent their joint interests, those instructions are considered to be joint and several and thus we reserve the right to look to either party for settlement of any outstanding costs, disbursement and expenses.

4.3 Payment

Payment may be made by debit card, credit card, bank transfer, or cheque.

4.4 Late Payment and Recovery

Where fees are payable, payment must be made in accordance with invoice terms. If payment is not made when due, we may suspend work, withhold documents not yet released where lawful, charge statutory interest where applicable, and take steps to recover the debt. The Client may be liable for reasonable recovery costs to the extent permitted by law.

5. Bundled Protection and Death Planning Arrangement

Definition – Death Planning Solution

The “Death Planning Solution” means the preparation and administration of the following document(s) only:

• Standard Will (including risk statements);
• any trusts created within that Will; and
• Lasting Powers of Attorney.

where included in the agreed scope. For the avoidance of doubt, the Death Planning Solution does not include lifetime trusts, transfers of assets into trust during life, probate services, reviews, amendments, or any other estate planning services unless separately agreed in writing.

5.1 Bundled Recommendation

In certain circumstances, we may recommend a combined solution involving protection insurance and the Death Planning Solution. Where this occurs, a fee offset arrangement may apply as set out below.

5.2 48-Month Protection Offset Condition

Where a bundled arrangement applies:

1. The Client agrees to maintain the protection insurance policy/policies arranged by Four Leaf Cover Limited as part of this arrangement (the “Bundled Protection Policies”) for a minimum continuous period of 48 months from the relevant policy commencement date(s).
2. Provided the Bundled Protection Policies remain in force, premiums are paid in full, and cover is not materially altered for the full 48-month period, no separate charge will be made for the Death Planning Solution.
3. This fee offset applies only to the Death Planning Solution and does not apply to any other estate planning services unless expressly agreed in writing.

5.3 Early Cancellation, Lapse, or Reduction of Cover

If any of the following occur in relation to the Bundled Protection Policies within the 48-month period:

• the Client cancels or instructs cancellation of a policy;
• the Client stops paying premiums or premiums are not paid resulting in lapse;
• the policy is replaced, reassigned, or rebrokered away from Four Leaf Cover Limited;
• the policy is amended or varied in a way that materially reduces the level of cover, including significant reductions in sum assured, benefits, or term, without our involvement; or
• the insurer cancels, voids, or terminates the policy due to misrepresentation, non-disclosure, or breach of duty by the Client,

the fee offset arrangement shall terminate immediately and the Client shall become liable for the agreed fee for the Death Planning Solution already provided.

5.4 Death Planning Solution Fee

Where a fee becomes payable under clause 5.3, the fee for the Death Planning Solution shall be £1,500. This fee excludes third-party disbursements, including Office of the Public Guardian registration fees.

5.5 Policy Changes

Any review, amendment, replacement, or restructuring of the Bundled Protection Policies must be carried out through Four Leaf Cover Limited to preserve the fee offset arrangement. Changes made independently or via another intermediary will be treated as a triggering event under clause 5.3.

6. Cancellation Rights

6.1 Insurance Policies

You have a statutory right to cancel insurance policies within the insurer’s cooling-off period (typically 30 days). Cancellation must be made directly with the insurer.

6.2 Estate Planning Services

You have a right to cancel this agreement with us provided you do so in writing, including electronic mail, to reach us within 14 Calendar days of receipt of payment.

It will have been explained to you at the point of sale that you could either:

Instruct us to proceed immediately in which case you would not be able to cancel this agreement if we had started work.

1. Please Note: This does not affect your statutory right to cancel however, you may be required to pay for goods or services supplied, if the performance of the contract had begun with your written agreement, before the end of the cancellation period.

2. Take no action for 14 calendar days after receipt of payment, the Terms of Business and the Right to Cancel Forms, provided to you. We would then proceed to prepare your Will(s), or other legal documents and you would no longer be able to cancel the contract.
3. You will have been informed that should you elect to wait until the statutory 14 days have elapsed and you were not to survive this period, then there would be no recourse for any claim to be made against Four Leaf Cover Limited by your estate/ survivors/intended Beneficiaries, as a result of your having chosen this option.

6.3 Digital Products

All digital products are non-refundable once delivered or accessed, due to their intangible nature.

7. Joint Instructions

• These rules apply in areas where instructions have been taken jointly from more than one client in a meeting regarding more than one Will / legal document.
• We confirm that, we requested that “the Company” act for both of us.
• We understand that, no information received in connection with the matter from one can be treated as confidential so far as any of the others are concerned.
• We confirm that there was no conflict which remained unresolved and prevented “the Company” from being able to act for both, or all of us.
• We confirm that should such a conflict subsequently arise following our initial instruction that, this would lead to “the Company” being unable to act for both, or all of us and this would include subsequent changes to either Will/legal document of which the other, or others, would not be aware.

7.1. What We Do Not Provide

Will(s)/Trust(s) or other legal documents if your circumstances change. The following are examples of changes in your circumstances / life events of either yourself / spouse/ civil partner / partner and / or your beneficiaries where we would recommend that you consider contacting us, such as:

The death of either a Trustee or a Beneficiary. The imminent retirement of any Trustees. A significant change in state of health or the entrance into long term care of any Trustee. The birth or adoption of a child, grandchild or remoter issue of either Settlor. Any separation, divorce or marriage.

Any future inheritances which are to be received by the Settlor, beneficiaries, or the Trusts. The financial performance of any investments in the Trust concerns you. The financial circumstances of the Trustees or any beneficiaries alters.

This list is not exhaustive but if you have any doubts on how a change of circumstances may affect your legal documents, please contact Four Leaf Cover Limited

8. After Sales

If we have made an error in the drafting of your legal documents, or you require changes to be made you should contact us immediately upon receipt. We will then correct any error or make any cosmetic amendments (a fee may be applicable). Please feel free to contact us with any questions you might have.

9. Identification and Anti-Money Laundering

We may be required by law to obtain satisfactory evidence of the identity of our clients and/or any third parties involved in your instructions. To comply with the law, we may need to obtain proof of your identity, depending on the nature of the work we are carrying out on your behalf, as soon as possible.

Please note, the identification requirements adhered to herein may vary depending on the individual circumstances of each case. We therefore reserve the right to request further documentation should we deem it appropriate in order to satisfy the Money Laundering Regulations 2007 and any other such governing regulations and/or legislation.

10. Confidentiality and Data Protection

• Your contact details and relevant personal information will be obtained to ensure that your documentation which you have asked us to provide is completed correctly and accurately. For more information, please read our “Privacy Statement” at www.fourleafcover.co.uk or request a copy by writing to our Office address below.
• Generally speaking, all information supplied to us by you shall be treated as confidential at all times, unless we are required to disclose and/or discuss your information upon your instructions (implicit or actual), by an Order of the Court, under current legislation, updated legal and/or regulatory compliance or by way of any other statutory exceptions. Your personal information is stored by us in accordance with the General Data Protection Regulations (GDPR).
• Our use of such information is subject to your instructions, the DPA 2018 and our duty of confidentiality. You have a right of access under the GDPR legislation to the information we hold about you.
• It may be necessary for the successful and efficient conclusion of your matter for us to occasionally disclose your personal information that you have provided us to third parties who are involved with completing your instructions. Our Company may be subject to audit or quality checks from time to time by outside organisations and your information may also be passed to Authorities in the event of any disclosures. Your acceptance of these Terms shall be treated as appropriate authority for us to pass on such details unless we hear to the contrary in writing beforehand. All external organisations are required to maintain confidentiality in relation to your files and comply with the GDPR.
• If we hold any sensitive personal data (as defined in the GDPR) such as medical records, you must provide your permission before we may disclose it to third parties.

• We encourage communications by way of email and therefore we shall correspond with you by such means where you are happy for us to do so. However, please note communications by email can be unsecure and emails may contain viruses. Whilst “the Company” uses anti-virus software for all email communications, we cannot be held responsible for any potential risks that may arise from any emails that we send, which may contain viruses and which shall also include any circumstances where emails have been misdirected or not received by you.
• During the Consultation, those people or companies whom you have chosen to have access to your completed documents will be identified to “the Company” and detailed within the Client Disclaimer which will be signed by you.

11. File Retention and Retrieval

In the event that you require us to retrieve a file from storage or send any of your papers to you or any third party, we may levy a charge for the service. We may also levy a charge where your instructions in relation to the retrieved file of papers involve perusing, corresponding or any other such work.

Should you require us to send your file of papers to you in the post, we may require such postage costs to be paid in advance of releasing the papers. We shall not release any file of papers to any third party unless we have your written consent to do so. The party collecting the file on your behalf will need to supply us with photo identification and a copy will be retained for

12. Complaints

Whilst we assume that you will be pleased with our service, in the unlikely event that you do have any cause for complaint, this should be made within 6 months of completion of your order and in the first instance should be raised with the person who took your instructions. We have an agreed complaint procedure in place which is available on request. Your adviser will attempt to settle any dispute that you may have. Please direct your concerns to:

Alando Barnett

Four Leaf Cover Limited

Director Generals House, 15 Rockstone Place

Southampton

SO15 2EP

If unresolved, you may refer the matter to the Financial Ombudsman Service.

13. Explanation of Terms

If you are unclear as to the nature and/or extent of either our or your obligations under these Terms and Conditions of Business, or you require further information, please contact the adviser responsible for your instructions

14. Conflicts of Interest

We will endeavour to avoid situations of conflict to ensure that a client’s interests are not compromised. We will advise you if we become aware that an issue of conflict exists. If you should be concerned about such an issue then please immediately refer your concern to your adviser. We assure you that we will always act independently and in your best interests as our client. Money Laundering Regulations can also give rise to matters of conflict and lead to us being unable to continue acting in some exceptional circumstances.

15. Limitation of Liability

In respect of the advice we render and work we undertake we will limit our potential liability to you to £2M. In instructing us, you accept that in the event of our negligence or breach of contract, you cannot claim more than that sum from us or our insurers, and that you have no claim against any of our staff personally. In respect of any claim or potential claim against us we limit the time you have in which to claim to 3 years from the date of the alleged act or omission or 12 months from the date you became aware of it as appropriate.

16. Changes in Law

Unless we have current and/or specific instructions from you in writing to review the law and report to you from time to time or to deal with the matters in question immediately prior to a critical date, we will not remind you of changes in the law which might affect you or future critical dates

17. Advice

Our Estate Planning Service arranges the drafting and implementation of the documents you may need to ensure your estate is distributed as you would want, in a tax efficient manner, and to protect the value for your heirs. This is an administration service and is not providing regulated financial or legal advice.

18. Secure Client Communication

Please note that email is not a secure method of communication. As a result we would advise you to take the utmost care of your personal information, including your bank details. Where proof of identity and address checks are being carried out, we do not recommend that documents relating to this are ever sent by email. If we require proof of address, identity and bank account details in order to carry out Anti-Money Laundering checks, the individuals we need documentation from will receive an email from Countrywide Tax & Trust Corporation Ltd to allow them to submit this to us via Legal, our chosen provider for identity verification. We may also send information to you from Legacy Portal and the related app.