Communications and Instructions. 3.1 As our client, we may communicate with you at any time, including, when appropriate by telephone. If as a result of any unsolicited communication, you enter into any investment transaction you will not have the right under Section 30 of the FSMA to treat such investment transaction as unenforceable. We may record any phone conversations between you and us without your knowledge. These recordings are our property and we may use them in evidence if there is a dispute or for any other reasonable matter. 3.2 We will only accept specific and clear instructions and notifications in relation to investments we hold on your behalf (your "Account") if we receive the instructions from: (a) you; or (b) from a person, you have previously told us has the authority to give instructions on your behalf, via a duly signed Power of Attorney. These instructions may be given electronically using the website, by phone, fax, in writing or by communicating with us via your Account mailbox. We will not be obliged to act on any instruction and in particular we will not act on any instruction where it is against any Law to do so. Where we do act on your instructions we will do so as soon as reasonably practicable once we have received them. 3.3 We may act on any instruction or other notification which we believe in good faith is from you without carrying out any further checks or investigations. We will not be liable for following an instruction or notification which is not in fact genuine or for not following or for investigating further any instruction or notification we believe may not be genuine. We will not be liable for any error of transmission or misunderstanding, or for the fraud of any other party (except in the case of our negligence, wilful default or fraud as described in Condition 21 of these Terms and Conditions). We are not obliged to acknowledge receipt of your instructions but will do our best to do so. 3.4 We shall send out all notices, information and other correspondence to you by email at the email address that you specify, or any other email address as you may designate in your personal profile on the Website (“Profile“) from time to time. In the event any notice, information or other correspondence is sent to you via letter, such letter will be sent to the postal address that you gave us, or such postal address as you may later designate in your Profile, and will be deemed to be delivered on the second business day after posting. 3.5 We may record and monitor telephone conversations that we have with you. We will store recordings for the period required by law or for as long as we consider appropriate. 3.6 We cannot guarantee that electronic communications will be successfully delivered, or that they will be secure and virus free. We will not be liable for any loss, damage, expense, harm or inconvenience caused as a result of an email being lost, delayed, intercepted, corrupted or otherwise altered or for failing to be delivered for any reason beyond our reasonable control. 3.7 All communications in relation to services provided under these Terms and Conditions will be in English.
Appears in 3 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Communications and Instructions. 3.1 As 5.1 You may give instructions to us in connection with our clientServices in person or by:
5.1.1 Telephone on 00000 000 000;
5.1.2 Post marked for the attention of your usual Wise adviser and addressed to Wise Investment, The Long Barn, Chalford Park Barns, Oxford Road, Chipping Norton, Oxfordshire, OX7 5QR; or
5.1.3 Emailing your usual Wise adviser. In order to ensure that email instructions are received, all such emails should be copied to xxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xx.xx. We shall not be liable to you or any other person for any failure to give effect to any instruction provided by email which is not copied to this address.
5.2 Except where we ask you to confirm your instructions under clause 5.6,we will give effect to your instructions within any reasonable timescales specified by you. If you do not specify any timescales, we will give effect to your instructions as soon as reasonably practicable after receiving them. We will notify you promptly if we encounter any delay or difficulty in implementing your instructions. Our implementation of your instructions will constitute confirmation of receipt of those instructions.
5.3 Your instructions may only be withdrawn with our consent once we have receivedthem, such consent not to be unreasonably withheld or delayed. For the avoidance of doubt, instructions may not be withdrawn once they have been implemented by the placing or execution of a transaction. Once we have received your instructions, you may only withdraw them with our consent. We will not unreasonably withhold or delay our consent.
5.4 We may refuse to give effect to any instruction we receive from you or on your behalf where we reasonably believe that:
5.4.1 giving effect to such instruction may cause usor you to be in breach of Applicable Law or any provision of these Terms;
5.4.2 such instruction has been given fraudulently or without your authorisation;
5.4.3 giving effect to such instruction may damage our reputation or the reputation of any member of our corporate group;
5.4.4 you do not meet any criteria applicable to the investment or transaction in question.
5.5 We shall not be obliged to give any reason for any refusal under clause 5.4, but we will take reasonable steps to notify you of any such refusal as soon asreasonably practicable.
5.6 It is your responsibility to ensure that your instructions to us are clear. If in our reasonable opinion any instructions received from you are unclear, we may communicate take such steps as we reasonably consider necessary or desirable for our own or your xxxxxxxxxx.Xx particular, but without limitation, we may seek to confirm with you at any timeinstructions that we consider unclear under this clause 5.6, including, when appropriate by telephone. If and shall not be liable for any loss you may suffer or incur as a result of any unsolicited communication, you enter into any investment transaction you will not have the right under Section 30 of the FSMA to treat such investment transaction delay in implementing your instructionsthat may arise as unenforceable. a result.
5.7 We may record rely on any phone conversations between instructions which purport to have been given by you and us without your knowledge. These recordings are our property and or a person who we may use them in evidence if there is a dispute or for any other reasonable matter.
3.2 We will only accept specific and clear instructions and notifications in relation to investments we hold on your behalf (your "Account") if we receive the instructions from:
(a) you; or
(b) from a person, you have previously told us reasonably believe has the authority been properly authorised to give instructions on your behalf, via a duly signed Power and shall not be required to make enquiries as to the authenticity of Attorneysuch instructions or the identity of the person instructing us. These If you are joint clients, we may accept instructions may be given electronically using the websitewhich purport to come from either of you unless you have advised us otherwise in writing.
5.8 If you elect to give us instructions by email, you acknowledge that emails are not secure and that data (whether sent by phone, fax, in writing email or by communicating with us via your Account mailboxotherwise) can become corrupted and communications are not always delivered promptly (or at all). We will not be obliged shall have no liability for any Losses you may suffer or incur as a result of our failing to act on receive any instruction and in particular we will not act on email sent by you containing instructions to us. We shall have no liability for any instruction where it is against any Law breach of confidentiality that may arise as a result of your decision to do so. Where we do act on your send instructions we will do so as soon as reasonably practicable once we have received themto us by email.
3.3 5.9 We may act on any instruction or other notification which we believe in good faith is from you without carrying out any further checks or investigationsneed to verify your identity before giving effect to your instructions. We will not be liable for following an instruction or notification which is not in fact genuine or for not following or for investigating further any instruction or notification we believe may not be genuine. We will shall not be liable for any error of transmission loss you may suffer or misunderstanding, or for the fraud incur as a result of any other party (except delay in the case of our negligence, wilful default or fraud as described in Condition 21 of these Terms and Conditions). We are not obliged to acknowledge receipt of implementing your instructions but will do that may arise from our best to do soverification processes.
3.4 We shall 5.10 Unless agreed otherwise with you, we may send out all notices, information and other correspondence to you by email at where possible/ appropriate using the email address that you specify, set out in the Factfind or any other email address as of which you have informed us. Unless agreed otherwise (and subject toApplicable Law) we may designate in your personal profile on the Website (“Profile“) from time to time. In the event any notice, information also post notices or other correspondence is sent communications to you using the secure portal available via our websitewhere possible/ appropriate. If we send you a letter, such letter it will be sent addressed to you at the postal address that you gave usset out in the Factfind, or such postal address as you may later designate in your ProfileAccount (or as otherwise notified by you to us), and will be deemed to be delivered on the second business day after posting.
3.5 We may record 5.11 If we give you access to any details of your Account using a password or other security information, you must keep these safe andsecure and monitor telephone conversations that we not disclose them to anyone who does not have with you. We will store recordings a genuine need to see details of your Account (for the period required by law or for as long as we consider appropriate.
3.6 We cannot guarantee that electronic communications will be successfully deliveredexample, or that they will be secure and virus freeyour professional advisers). We will not be liable legally responsible for any loss, damage, expense, harm unauthorised use of a password or inconvenience caused as a result of an email being lost, delayed, intercepted, corrupted security information resulting from negligence or otherwise altered or for failing to be delivered for any reason beyond our reasonable controlfraud on your part.
3.7 All 5.12 We may record all telephone conversations or other communications with you in relation order to services provided maintain records of the advice given to you or instructions received from you under these Terms and Conditions Terms. A copy of any such recordings will be in Englishavailable on request for a period of five years and, where requested by the FCA, for a period of up to seven years.
Appears in 1 contract
Samples: Client Agreement
Communications and Instructions. 3.1 As our client, we may communicate with you at any time, including, when appropriate by telephone. If as a result of any unsolicited communication, you enter into any investment transaction you will not have the right under Section 30 of the FSMA to treat such investment transaction as unenforceable. We may record any phone conversations between you and us without your knowledge. These recordings are our property and we may use them in evidence if there is a dispute or for any other reasonable matter.
3.2 We will only accept specific and clear instructions and notifications in relation to investments we hold on your behalf (your "Account") if we receive the instructions from:
(a) you; or
(b) from a person, you have previously told us has the authority to give instructions on your behalf, via a duly signed Power of Attorney. These instructions may should be given electronically using the websitewebsite or App. If you experience difficulty in executing any instruction, you should contact our investment advisers by phone, faxonline chat, in writing email or by communicating with us via your Account mailbox. We will accept written instructions in the event of the death of an Account holder, but only after completing appropriate verification. We will not be obliged to act on any instruction and in particular we will not act on any instruction where it is against any Law to do so. Where we do act on your instructions we will do so as soon as reasonably practicable once we have received them.
3.3 We may act on any instruction or other notification which we believe in good faith is from you without carrying out any further checks or investigations. We will not be liable for following an instruction or notification which is not in fact genuine or for not following or for investigating further any instruction or notification we believe may not be genuine. We will not be liable for any error of transmission or misunderstanding, or for the fraud of any other party (except in the case of our negligence, wilful default or fraud as described in Condition 21 of these Terms and Conditions). We are not obliged to acknowledge receipt of your instructions but will do our best to normally do so.
3.4 We shall send out all notices, information and other correspondence to you by email at the email address that you specify, or any other email address as you may designate in your personal profile on the Website (“Profile“) from time to time. In the event any notice, information or other correspondence is sent to you via letter, such letter will be sent to the postal address that you gave us, or such postal address as you may later designate in your Profile, and will be deemed to be delivered on the second business day after posting.
3.5 We may record and monitor telephone conversations that we have with you. We will store recordings for the period required by law regulation or for as long as we consider appropriate.
3.6 We cannot guarantee that electronic communications will be successfully delivered, or that they will be secure and virus free. We will not be liable for any loss, damage, expense, harm or inconvenience caused as a result of an email being lost, delayed, intercepted, corrupted or otherwise altered or for failing to be delivered for any reason beyond our reasonable control.
3.7 All communications in relation to services provided under these Terms and Conditions will be in English.
Appears in 1 contract
Samples: Client Agreement
Communications and Instructions. 3.1 As our client, we may communicate with you at any time, including, when appropriate by telephone. If as a result of any unsolicited communication, you enter into any investment transaction you will not have the right under Section 30 of the FSMA to treat such investment transaction as unenforceable. We may record any phone conversations between you and us without your knowledge. These recordings are our property and we may use them in evidence if there is a dispute or for any other reasonable matter.
3.2 We will only accept specific and clear instructions and notifications in relation to investments we hold on your behalf (your "Account") if we receive the instructions from:
(a) you; or
(b) from a person, you have previously told us has the authority to give instructions on your behalf, via a duly signed Power of Attorney. These instructions may be given electronically using the website, by phone, fax, in writing or by communicating with us via your Account mailbox. We will not be obliged to act on any instruction and in particular we will not act on any instruction where it is against any Law to do so. Where we do act on your instructions we will do so as soon as reasonably practicable once we have received them.
3.3 We may act on any instruction or other notification which we believe in good faith is from you without carrying out any further checks or investigations. We will not be liable for following an instruction or notification which is not in fact genuine or for not following or for investigating further any instruction or notification we believe may not be genuine. We will not be liable for any error of transmission or misunderstanding, or for the fraud of any other party (except in the case of our negligence, wilful default or fraud as described in Condition 21 of these Terms and Conditions). We are not obliged to acknowledge receipt of your instructions but will do our best to do so.
3.4 We shall send out all notices, information and other correspondence to you by email at the email address that you specify, or any other email address as you may designate in your personal profile on the Website (“Profile“) from time to time. In the event any notice, information or other correspondence is sent to you via letter, such letter will be sent to the postal address that you gave us, or such postal address as you may later designate in your Profile, and will be deemed to be delivered on the second business day after xxxx posting.
3.5 We may record and monitor telephone conversations that we have with you. We will store recordings for the period required by law or for as long as we consider appropriate.
3.6 We cannot guarantee that electronic communications will be successfully delivered, or that they will be secure and virus free. We will not be liable for any loss, damage, expense, harm or inconvenience caused as a result of an email being lost, delayed, intercepted, corrupted or otherwise altered or for failing to be delivered for any reason beyond our reasonable control.
3.7 All communications in relation to services provided under these Terms and Conditions will be in English.
Appears in 1 contract
Samples: Client Agreement
Communications and Instructions. 3.1 As our client, we may communicate with you at any time, including, when appropriate by telephone. If as a result of any unsolicited communication, you enter into any investment transaction you will not have the right under Section 30 of the FSMA to treat such investment transaction as unenforceable. We may record any phone conversations between you and us without your knowledge. These recordings are our property and we may use them in evidence if there is a dispute or for any other reasonable matter.
3.2 We will only accept specific and clear instructions and notifications in relation to investments we hold on your behalf (your "Account") if we receive the instructions from:
(a) you; or
(b) from a person, you have previously told us has the authority to give instructions on your behalf, via a duly signed Power of Attorney. These instructions may be given electronically using the website, by phone, fax, in writing or by communicating with us via your Account mailbox. We will not be obliged to act on any instruction and in particular we will not act on any instruction where it is against any Law to do so. Where we do act on your instructions we will do so as soon as reasonably practicable once we have received them.
3.3 We may act on any instruction or other notification which we believe in good faith is from you without carrying out any further checks or investigations. We will not be liable for following an instruction or notification which is not in fact genuine or for not following or for investigating further any instruction or notification we believe may not be genuine. We will not be liable for any error of transmission or misunderstanding, or for the fraud of any other party (except in the case of our negligence, wilful default or fraud as described in Condition 21 of these Terms and Conditions). We are not obliged to acknowledge receipt of your instructions but will do our best to do so.
3.4 We shall send out all notices, information and other correspondence to you by email at the email address that you specify, or any other email address as you may designate in your personal profile on the Website (“Profile“) from time to time. In the event any notice, information or other correspondence is sent to you via letter, such letter will be sent to the postal address that you gave us, or such postal address as you may later designate in your Profile, and will be deemed to be delivered on the second business day after posting.
3.5 We may record and monitor telephone conversations that we have with you. We will store recordings for the period required by law or for as long as we consider appropriate.
3.6 We cannot guarantee that electronic communications will be successfully delivered, or that they will be secure and virus free. We will not be liable for any loss, damage, expense, harm or inconvenience caused as a result of an email being lost, delayed, intercepted, corrupted or otherwise altered or for failing to be delivered for any reason beyond our reasonable control.
3.7 All communications in relation to services provided under these Terms and Conditions will be in English.
3.8 Should you suffer, or fear that you have suffered, from any form of identity theft or that your email account has been compromised, you should contact us at the earliest opportunity so that we may assist you in protecting your Account.
Appears in 1 contract
Samples: Client Agreement
