evestor Terms & Conditions

About our services

This document provides details about our services to you and how we charge for it, so it's important that you read it fully. If there's something you don't understand please ask us to explain it, the easiest way to do this is using the webchat facility within the client portal. Alternatively, send us an email to general@evestor.co.uk and we will get back to you.

Our Status

evestor is a trading style of E-Vest Adviser Services Limited, which is authorised and regulated by the Financial Conduct Authority. Our FCA Registration Number for investment services is 676331 and our FCA Registration number for account aggregation is 792842. You can check this on the Financial Services Register by visiting: www.fca.org.uk/register or by contacting the FCA on 0800 111 6768. Our registered office address is E-Vest Adviser Services Limited, WeWork St. Peter’s Square, 1 St. Peter’s Square, Manchester, M2 3AE. We are registered in England & Wales, our Registration Number is 09407280.

Investment products

We offer restricted financial advice, and only recommend the evestor ISA, evestor SIPP and evestor general investment account products, which are all provided by Greyfriars Asset Management LLP. If you opt to receive advice, we will recommend portfolios of investments made from a range of low-cost UK mutual tracker funds.

Advice

We will make a personal recommendation for you via the evestor system, based on the personal information you have supplied us with. In certain circumstances advice may be provided outside of the evestor system. In these instances, you will receive a personal recommendation from one of our financial advisers after a meeting over Skype.

Execution Only

We may arrange a contract with a provider specified by you without giving any advice. In these circumstances you are confirming, via the evestor system, that you have sufficient knowledge and experience to make your own investment decision and do not want us to give any advice on the suitability of the product in relation to your circumstances.

Our charges – investments

We will ensure you agree to the costs of our service before you accept our advice or complete your execution-only transaction. The fee for using our evestor service is 0.35% per year, not including the individual fund charge. The fee is broken down as follows:

  • 0.25% is the evestor ongoing administration charge. This is the same whether you receive advice or use the execution only route.
  • 0.10% is for the provision of custody services, levied by our platform provider, Greyfriars Asset Management LLP. Again, this charge is the same whether you receive advice or use the execution only route.

The fund charges differ between the 3 portfolios, and are as follows:

  • Portfolio 1 is 0.17% which means that the total annual fee for your investment would be 0.52%. In monetary terms, if you had £100 invested, you would pay 52p in fees annually.
  • Portfolio 2 is 0.16% which means that the total annual fee for your investment would be 0.51%. In monetary terms, if you had £100 invested, you would pay 51p in fees annually.
  • Portfolio 3 is 0.15% which means that the total annual fee for your investment would be 0.50%. In monetary terms, if you had £100 invested, you would pay 50p in fees annually.

Please note that our charges will increase if the value of your investment funds increase. Where charges are subject to VAT we'll let you know. Fees will be taken directly from your investments monthly.

Complaints

Should you wish to complain please contact Laura Thurston-Garry (Chief Governance Officer) either:

  • In writing: E-Vest Adviser Services Limited, WeWork St. Peter’s Square, 1 St. Peter’s Square, Manchester, M2 3AE
  • By email: complaints@evestor.co.uk

Should you not be satisfied with our final response you may be entitled to refer the matter to the Financial Ombudsman Service (FOS) within six months of the date of our final letter:

Financial Services Compensation Scheme

We are covered by the Financial Services Compensation Scheme. You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim.

  • For most types of investment business advising and arranging are covered for up to £50,000
  • Eligible deposits are covered up to £85,000

Further information about compensation scheme arrangements is available from the Financial Services Compensation Scheme (www.fscs.org.uk).

Terms of Business Agreement

This Agreement

This is our standard Terms of Business Agreement upon which we intend to rely. For your own benefit and protection you should read these terms carefully before signing them. If you do not understand any point please ask for further information.

Services we provide

Advising: We only offer restricted advice. If you choose to accept advice from evestor, we will only recommend products from our selection of evestor ISAs, SIPPs and GIAs, which are all provided by Greyfriars Asset Management Plc. We may recommend a combination of any of these 3 products, however at your request we can focus our advice on a specific evestor product, or combination thereof. If you choose to accept advice, we won't recommend a product unless it's suitable, which means we may advise you to pay off outstanding debts or continue paying into an existing product, if it's more suitable for your needs.

Arranging: We can facilitate our recommendations for you with Greyfriars Asset Management LLP, our chosen provider of evestor products.

Administering: Administrative support will be included as part of our ongoing service to you. We will maintain records of your arrangements, assist with any queries you may have and pass on instructions to or from providers.

Reviewing: We instigate regular contact with you to ensure that the arrangements made remain suitable. We monitor performance of the underlying investments and make further recommendations as required. You have a responsibility to let us know if your circumstances or goals change between review periods.

Client Classification

We will treat you as a ‘retail client’ or ‘consumer’ and you will be afforded the highest level of regulatory protection available.

Retail Investment Products

The range of regulated financial services we can provide includes researching, advising upon and arranging deals in ISAs, GIAs and SIPPs. The advice we provide, and products we offer, are restricted to the evestor ISA, evestor GIA and evestor SIPP, which are packaged by Greyfriars Asset Management LLP.

Model Portfolios & Dealing

The underlying investments of your products will be in one of our model portfolios. These portfolios are collections of investment funds, selected in line with different risk profiles.

On receipt of the first payment into any product, and therefore into the underlying model portfolio, subscription deals will be placed in the funds within the model in the proportion detailed in the portfolio factsheet.

As the proportions of the invested funds within a product drift over time with movements in the market, some will become lower than their target proportion (underweight), whilst others will become higher than their target proportion (overweight) – subsequent payments into products will be invested in the funds in the model that are most underweight first, with a view of moving the model back towards its target; any withdrawals from products will results in the most overweight funds being sold down first, with a view of moving the model back towards its target.

All model portfolios will be rebalanced twice a year, one of which will include changes to underlying assets and asset allocation if necessary. It may be necessary in exceptional circumstances to make changes to the underlying assets in the model portfolios at unscheduled times. When any change is being made to the underlying assets or the target allocation in the model portfolios, we will contact you in order to obtain your agreement to the changes.

Money Laundering Regulations

We are required by law to verify the identity of all our investment clients. No application will be made on your behalf until such verification has been obtained. We will also check your details against Sanctions Lists (HMT, EU and US) as part of our obligation to prevent evestor being used to further financial crime.

Client Money

E-Vest Adviser Services Limited is not authorised to accept client money, and so evestor will never accept a payment. All payments made through the evestor portal go straight to Greyfriars Asset Management LLP, where they are held in a client money account until they are invested.

Client Assets

All contract notes and documents of title in respect of your investments or policies will be issued to you directly by the issuing company, via the evestor system.

Commencement and Termination

This Terms of Business Agreement takes effect from the date it is given to you and will apply until terminated. You, or we, may terminate our authority to act on your behalf under this agreement at any time, without penalty. Either party may terminate this agreement by providing 30 days notice in writing. Any outstanding fee payments must be settled immediately upon termination. Termination will not prejudice the completion of transactions already initiated on your behalf or any rights or obligations already arising.

Your Duty to Disclose Information

We will base our recommendations on the information you have provided us with; whether this is via the evestor system, Skype or telephone calls, or email. You are required to check the information we have recorded to ensure it is complete and accurate, and update us whenever there is a change to your personal circumstances or details.

Cooling Off

The Product Provider Terms & Conditions details your rights to cancel your products, once you have taken them out. For any of our products, you may be entitled to cancel your product within 30 days of either conclusion of the contract or receiving your documentation, whichever is later. If your funds are still within the client money account, you may receive a full refund, however if your funds have already been invested, you may get back less than your original investment, if the value of the fund has fallen.

Our Services and Charges

Our investment advice service offers initial advice given via the evestor system, together with reviews whenever you require.

You can choose to receive full advice (recommendation of which product or products, as well as which underlying investment portfolio) or focused advice (you choose the product or products we recommend the underlying investment portfolio). You can request a Skype appointment with one of our advisers at any point. The underlying investment portfolios are rebalanced on a biannual basis.

The fee for our administration services supplied via the evestor system is 0.25% per annum, taken monthly from your investments.

At evestor, we don’t believe in charging people more if they want advice on their investment decisions. That’s why you will only ever pay our administration charge of 0.25%, our custody charge of 0.10% and the relevant fund charge. If you’re an evestor customer, it’s completely up to you – speak to our advisers for free, whenever you need, take our financial advice or choose your own products.

Fees paid out of investments

All fees are paid out of investments. We accept no liability for any tax incurred as a result of this method of remuneration.

Terms and Conditions

1.0 General Terms

1.1 Important information

In these Terms, references to “evestor”, “us”, “our” and/or “we” means evestor, a trading style of E-Vest Adviser Services Limited.

In these Terms, reference to an “evestor Account” means an account that we will open for you which will enable you to track your spending through both the mobile application (the “App”) and through the web portal (the “Portal”) which allows us to provide Financial Advice, if you choose this route.

These Terms contain important information regarding the services that we provide to you so, for your own benefit and protection, please read these Terms carefully before accepting them. If there is anything contained in these Terms that you do not understand, please do not hesitate to contact us using the chat function on the website. Alternatively, send us an email to general@evestor.co.uk and we will get back to you.

1.2 Your agreement with us

These Terms, together with (a) the information we have provided to you via the App and Portal about our services and fees; and (b) the information you have provided to us via the App and Portal under these Terms in relation to your evestor Account constitutes the agreement (“the evestor Agreement”) between you and us in the provision of our services to you. evestor is a trading style of E-Vest Adviser Services Limited. E-Vest Adviser Services Limited is authorised and regulated by the Financial Conduct Authority (“FCA”), whose address is 25 The North Colonnade, Canary Wharf, London E14 5HS. Our FCA registration numbers are 676331 and 792842. evestor is a trading style of E-vest Adviser Services Limited. E-vest Adviser Services Limited in England & Wales under Company Registration Number 09407280; its registered address is WeWork, One St Peters Square, Manchester, M2 3AE.

1.3 Commencement and status of the evestor Agreement

The evestor Agreement will be legally binding when you accept these Terms. However, we will only start to provide our services to you after we have notified you that your evestor Account with us has been opened and, accordingly, those terms relating to your evestor Account will only be applicable after that time. The evestor Agreement has no minimum duration period.

The evestor Agreement is governed by the laws of England and Wales. If any provision of the evestor Agreement is or becomes invalid or unenforceable, the relevant provision will be treated as if it were not in the evestor Agreement, and the remaining provisions will still be valid and enforceable.

2.0 How evestor provides services

2.1 The evestor Account and the evestor Services

We will provide services (the “evestor Services“) to you in connection with the set up and operation of your evestor Account including the provision of the App. We will provide the evestor Services to you in accordance with the Terms of the evestor Agreement, all applicable laws and the FCA Rules.

We will do our best to ensure the App and your evestor Account is available and up and running for you to use at any time however, this is not something we can guarantee. There may be times where the App and your evestor Account may not be available and where we may not be able to facilitate your investment instructions. There may be interruptions and/or delays to our services. If this happens we will do our best to contact you to let you know what you should do. You can also contact us using the chat function on the website. If this is not available, please email general@evestor.co.uk.

We may suspend the operation of our services where we consider it necessary, including (but not limited to) where we have to suspend operations for technical problems, emergencies, maintenance, regulatory reasons, where we decide it is sensible for your protection, in periods of exceptional trading activity or to ensure the continued availability of other services. If this happens, we will do our best to contact you to let you know what you should do.

2.2 Your use of our app

In addition to the Terms set out here, you acknowledge and confirm your continuing agreement to our Privacy Policy and the Portal & App Terms relating to the use of our App (together, the “Data Terms“). If there are any terms contained in the Data Terms that are inconsistent with or conflict with the terms, conditions and provisions set out in these Terms then, the relevant term, condition or provision set out in these Terms shall prevail.

evestor will provide you with security details to access your evestor Account. You must keep these details safe and confidential and notify evestor immediately if you think that someone else may know these details and/or may have unauthorised access to your Account (otherwise in accordance with these terms).

You must not undertake any action that could compromise the security or effective working of the evestor Services. Any such action will be considered a material breach of these Terms.

You are responsible for monitoring your evestor Account, ensuring that you read all messages that have been sent to you (whether through the notifications and messaging centres in the App and the Portal, via the email address you have provided to us, or via any other means as agreed between us) and informing us if there is something wrong on your evestor Account or you suspect that it has been subject to unauthorised use.

You may download or print information and documents that we provide to you strictly for personal use, provided that you keep all copyright and proprietary notices intact. You must not otherwise reproduce or distribute any material without our written consent.

You acknowledge and agree that all intellectual property rights in the App, the Portal, all documents and related technology anywhere in the world belong to us or our licensors - you have no rights in or to the App, the Portal, the documents and related technology other than the right to use each of them in accordance with these Terms and the Data Terms.

2.3 Opening your evestor Account

Before we can open your evestor Account and provide the evestor Services to you, we are required to verify your identity in accordance with UK regulation. We will use various third-party services to do this and you expressly authorise us to do this, acknowledging that this will involve us transmitting your personal information to such third parties and carrying out credit checks that may leave a footprint on your credit file. Please note we only conduct these checks to verify identity, and so these 'soft' checks will only be visible by you on your credit file, it does not affect your credit rating. We will also check your details against sanctions lists (HMT, EU and US) as part of our obligation to prevent evestor being used to further financial crime. We may also repeat these checks periodically throughout your relationship with evestor.

You warrant and represent to us and to the Platform Provider on an ongoing basis that:

  • You are aged 18 or over;
  • You are UK resident for tax purposes; or
  • You are not a US Person.

You agree to notify us immediately if any of the above warranties cease to be correct.

2.4 Client Classification

We will treat you as a “retail client“ or “consumer“ and you will be afforded the highest level of regulatory protection available.

2.5 Retail Investment Products

The range of regulated financial services we can provide includes researching, advising upon and arranging deals in ISAs, GIAs and SIPPs. The advice we provide, and products we offer, are restricted to the evestor ISA, evestor GIA and evestor SIPP, which are packaged by Greyfriars Asset Management LLP. We will only recommend you invest in one of the 3 evestor portfolios.

2.6 Payment

You can choose to make payment into your evestor account in four ways. You may transfer a product from another provider, such as an existing Stocks and Shares ISA into your evestor account. You may make a one-off payment via direct debit for any amount, or via a debit card for amounts over £1000. Regular payments can be setup via direct debit.

We only accept payment via a transfer in from another provider, a debit card or direct debit. We do not accept payment from a credit card, via cash or cheque. All payments must be in GBP and must come from a UK Bank or Building Society account. We do not accept payments in any other currencies.

2.7 Model Portfolios & Dealing

The underlying investments of your products will be in one of our 3 model portfolios. These portfolios are collections of investment funds, selected in line with different risk profiles.

On receipt of the first payment into any product, and therefore into the underlying model portfolio, subscription deals will be placed in the funds within the model, in the proportion detailed in the portfolio factsheet.

As the proportions of the invested funds within a product drift over time with movements in the market, some will become lower than their target proportion (underweight), whilst others will become higher than their target proportion (overweight) – subsequent payments into products will be invested in the funds in the model that are most underweight first, with a view of moving the model back towards its target; any withdrawals from products will result in the most overweight funds being sold down first, with a view of moving the model back towards its target.

All model portfolios will be rebalanced twice a year, one of which will include changes to underlying assets and asset allocation if necessary. It may be necessary in exceptional circumstances to make changes to the underlying assets in the model portfolios at unscheduled times. When any change is being made to the underlying assets or the target allocation in the model portfolios, we will contact you in order to obtain your agreement to the changes.

2.8 Client Money

E-Vest Adviser Services Limited is not authorised to accept client money, and so evestor will never accept a payment. All payments made through the evestor portal go straight to Greyfriars Asset Management LLP, where they are held in a client money account until they are invested. The client money account is held with Barclays.

2.9 Client Assets

All contract notes and documents of title in respect of your investments or policies will be issued to you directly by the issuing company, via the evestor system.

3.0 What evestor can provide

3.1 Advice Service

We only offer restricted advice. If you choose to receive advice from evestor, we will only recommend products from our selection of evestor ISAs, SIPPs and GIAs, which are all provided by Greyfriars Asset Management Plc. We may recommend a combination of any of these 3 products, however at your request we can focus our advice on a specific evestor product, or combination thereof. We will only recommend one of our 3 evestor portfolios. We will make a personal recommendation for you via the evestor system, based on the personal information you have supplied us with. In certain circumstances, advice may be provided outside of the evestor system. In these instances, you will receive a personal recommendation from one of our financial advisers after an adviser call. If you choose to receive advice, we won't recommend a product unless it's suitable, which means we may advise you to pay off outstanding debts or continue paying into an existing product if it's more suitable for your needs.

3.2 Execution Only Service (Arranging)

We may arrange a contract for you without giving any advice. In these circumstances you are confirming, via the evestor system, that you have sufficient knowledge and experience to make your own investment decision and do not want us to give any advice on the suitability of the product in relation to your circumstances. We will facilitate your execution-only investment with Greyfriars Asset Management LLP, our chosen provider of evestor products.

3.3 Administrative Support

Administrative support will be included as part of our ongoing service to you. We will maintain records of your arrangements, assist with any queries you may have and pass on instructions to or from providers.

3.4 Reviewing Advice

We instigate regular contact with you to ensure that the arrangements made remain suitable. If you choose to accept advice from evestor, we will contact you to reassess the suitability of your investment every 12 months. You have a responsibility to let us know if your circumstances or goals change between review periods. We monitor performance of the underlying investments and make further recommendations as required.

4.0 Evestor Charges

We will ensure you agree to the costs of our service before you accept our advice or complete your execution-only transaction. The fee for using our evestor service is 0.35% per year, not including the individual fund charge. The fee is broken down as follows:

  • 0.25% is the evestor ongoing administration charge. This is the same whether you receive advice or use the execution only route.
  • 0.10% is for the provision of custody services, levied by our platform provider, Greyfriars Asset Management LLP. Again, this charge is the same whether you receive advice or use the execution only route.

The fund charges differ between the 3 portfolios, and are as follows:

  • Portfolio 1 is 0.17% which means that the total annual fee for your investment would be 0.52%. In monetary terms, if you had £100 invested, you would pay 52p in fees annually.
  • Portfolio 2 is 0.16% which means that the total annual fee for your investment would be 0.51%. In monetary terms, if you had £100 invested, you would pay 51p in fees annually.
  • Portfolio 3 is 0.15% which means that the total annual fee for your investment would be 0.50%. In monetary terms, if you had £100 invested, you would pay 50p in fees annually.

Our fees are calculated as a percentage of the total value of your investment, so if your investment increases in value, you’ll pay more in fees. Fees will be taken directly from your investments monthly. We accept no liability for any tax incurred as a result of this method of remuneration.

5.0 Communications

We may communicate with you at any time about your account using the information you have given us, including, when appropriate, by telephone, SMS text message, by email, via the App and web portal.

It is your responsibility to ensure the contact information we have for you is up to date. In particular, you must ensure we have a current and valid email address for you so that we can notify you when important documents are delivered to you via the App or web portal. You accept that where either we or the Platform Provider are required to provide you with written notice then this will be given to you by means of electronic correspondence.

We cannot guarantee that electronic communications will be successfully delivered, or that they will be secure and virus free. Except for cases of negligence or where we have breached applicable law or the FCA Regulations, 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 control.

We will record and monitor telephone conversations that we have with you for monitoring and record keeping purposes. We will store recordings for a period required by law, the FCA Rules or for as long as we consider necessary to be able to provide the evestor Services to you, whilst complying with the Data Protection Act 1998 and General Data Protection Regulations. In the event of a disagreement between you and us, we can give you a copy of our records on request. Please note that you cannot 'opt out' of communications being recorded as it is a regulatory requirement.

All communications in relation to the services provided under this Agreement will be in English.

6.0 Complaints

6.1 How to complain

Should you wish to complain please contact Laura Thurston-Garry (Chief Governance Officer) either:

  • In writing: E-Vest Adviser Services Limited, WeWork c/o Laura Thurston-Garry, One St Peters Square, Manchester, M2 3AE
  • By email: complaints@evestor.co.uk

6.2 Referrals to the financial ombudsman scheme

Should you not be satisfied with our final response you may be entitled to refer the matter to the Financial Ombudsman Service (FOS) within six months of the date of our final letter:

7.0 Financial services compensation scheme

We are covered by the Financial Services Compensation Scheme. You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim:

  • For most types of investment business advising and arranging are covered for up to £50,000
  • Eligible deposits are covered up to £85,000

Further information about compensation scheme arrangements is available from the Financial Services Compensation Scheme (www.fscs.org.uk).

8.0 Your information and data

We will base our recommendations on the information you have provided us with; whether this is via the evestor system, adviser or telephone calls, or email. You are required to check the information we have recorded to ensure it is complete and accurate and update us whenever there is a change to your personal circumstances or details.

We may use your personal information, including sensitive personal information and store it on our systems and may otherwise process it for the purposes of providing the evestor Account and the evestor Services. We will never send you marketing materials and other information regarding any of our products or services without your explicit consent. You can provide or withdraw your consent at any time, either by unsubscribing via an email received, or contacting us via webchat or emailing general@evestor.co.uk.

We will never share your personal information to a 3rd party, for that party to market its services and products to you, without your consent.

We may pass personal information relating to you to third parties appointed by us for the purpose of administration and verifying your identity and you confirm that you accept and consent to this. We may need to seek additional information from you in order to verify your identity, in which case we may:

  • delay the opening of your evestor Account; or
  • return and cancel your application; or
  • withhold from you the ability to trade or withdraw any Funds until we have successfully verified your identity.

We are registered with the Information Commissioner for the handling and processing of personal information and shall comply at all times with applicable data protection legislation. We will take all reasonable steps to ensure that the database containing this information is constantly updated and is securely protected against unauthorised entry and that personal information is kept strictly confidential.

We may disclose your personal information if we are required to do so by law or we are requested to do so by the FCA, or any other relevant regulatory authority in any country.

Your personal data may be transferred to third parties outside the EEA as well as within it, solely in connection with our provision of the evestor Account and the evestor Services. You should be aware that in territories outside the EEA, laws and practices relating to the protection of personal data are likely to be different and in some cases may be weaker than those within the EEA. Where transfers outside of the EEA are necessary, evestor complies with stringent safeguards, required by law, to protect your personal data. By entering into the evestor Agreement you consent to such processing of your data.

You are entitled to see all personal data relating to you, which is held on any database controlled by us. Please contact us via general@evestor.co.uk if you wish to request this information.

8.1 Referrals

Where appropriate, we may offer to refer you to third parties to provide certain additional services. We will not make any such referral without your agreement. We may pay (or receive from third parties) fees in relation to referrals of business. In making or receiving any such referral and making or receiving such payments, we will act in accordance with all applicable laws & regulations.

9.0 amendments to the evestor agreement

We may amend the evestor Agreement:

  • if we are required to do so to comply with the FCA Rules, or any other applicable law or regulation;
  • to reflect changes in the costs and expenses that we incur (or reasonably expect to incur) in providing the services to you, including to take account of changes in the rates of inflation, taxes or interest;
  • to make these terms fairer to you or easier to understand, or to correct mistakes;
  • to reflect changes in market practice or conditions;
  • to enable us to make reasonable changes to the way we provide our services as a result of changes in the financial services sector, technology, or available products;
  • to reflect changes to our arrangements with the Platform Provider or Yodlee; or
  • If we propose to make a change to these Terms that is not detrimental to you, we can make the change immediately. We will make information available to you about the change within 30 days of the change.

If we make a change to these Terms that may be detrimental to you, we will provide you with at least 30 days’ prior notice (unless we are required to make the change sooner, for example, for legal or regulatory reasons, in which case we will make information available about the change within 5 days of making the relevant change).

If we make any change that is detrimental to you, you may notify us within 30 days from the date of such change to terminate your evestor Agreement and close your evestor Account without charge.

10.0 Withdrawals and termination

10.1 Cancellation periods

The Product Provider Terms & Conditions details your rights to cancel your products once you have taken them out. For any of our products, you may be entitled to cancel your product within 30 days of either conclusion of the contract or receiving your documentation, whichever is later. If your funds are still within the client money account, you may receive a full refund, however if your funds have already been invested, you may get back less than your original investment if the value of the fund has fallen.

10.2 Termination

You may terminate your evestor Agreement at any time and for any reason by providing us with notice, subject to the settlement of all outstanding transactions. Transactions already in progress will be completed in the normal course of business. We will close your evestor Account as soon as practicable after receiving your notice to terminate the evestor Agreement.

We may terminate this Agreement at any time by giving you 30 business days’ prior notice subject to the settlement of all outstanding transactions.

We may terminate this Agreement immediately, freeze your evestor Account and take steps to freeze transactions through your Platform Product(s) without giving you advance notice if we reasonably believe that you:

  • have materially breached any of the terms of the evestor Agreement or have otherwise provided us with false or misleading information;
  • are using, or allowing another person to use your evestor Account illegally or for criminal activity;
  • have failed to pay any of the amounts owed under the evestor Agreement; or
  • have become bankrupt, insolvent or are unable to pay your debts as they fall due.

We may also terminate the evestor Agreement immediately if:

  • we reasonably believe that providing you with a service exposes us to action or censure from any law enforcement, government or regulatory body (including, without limitation, the FCA).

Where we terminate the evestor Agreement immediately or freeze your evestor Account as set out above, we will inform you in writing immediately of our decision and our reasons for making that decision.

11.0 governing law

The evestor Agreement and the Platform Provider Agreement and any dispute or claim arising out of or in connection with either of them (including non-contractual disputes or claims) will be governed by and construed in accordance with the law of England and Wales.

The parties irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with either the evestor Agreement or the Platform Provider Agreement (including non-contractual disputes or claims).

12.0 third parties

Except for Yodlee Inc. and any other relevant Service Provider who may enforce, as applicable, provisions herein for a person who is not a party to this agreement cannot enforce or enjoy the benefit of any term of this Agreement under the Contracts (Rights of Third Parties) Act 1999.

13.0 summary of conflicts management

13.1 introduction

evestor is committed to maintaining the highest professional standards and, therefore, we endeavour to identify, consider and manage potential conflicts of interest to ensure that we treat all of our customers fairly and in accordance with relevant regulation and best practice guidelines.

13.2 nature of a conflict of interest

In essence, a conflict of interest is a situation in which evestor (or any of its personnel) finds itself in a position where its own interests conflict with the duties and obligations owed to its clients or, a situation in which evestor’s duty to one client conflicts with its duty to another.

13.3 identifying conflicts of interest

For the purposes of identifying the types of conflict and potential conflicts that arise which may entail a material risk of damage to the interests of a client, we must take into account whether evestor or its directors, employees or contractors (“evestor Personnel“) or any other person linked by control to evestor:

  • is likely to make a financial gain, or avoid a financial loss, at the expense of a client;
  • has an interest in the outcome of a service provided to a client or transaction carried out on behalf of a client, which is distinct from the client’s interest in that outcome;
  • has an incentive to favour the interest of another client or group of clients over the interests of the client;
  • carries on the same business as a client; or
  • receives or will receive from a person, other than a client, an inducement in relation to a service provided to the client, in the form of remuneration, goods or services.

13.4 conflict situations

We have identified a number of situations which may give rise to a potential conflict of interest. These situations include, but are not limited to, the following:

  • we receive gifts, entertainment or other monetary and non-monetary benefits from our service providers or business partners (for example, the fund managers of the Funds we make available to clients through the App), which could give rise to a conflict with respect to the duties that we owe to our clients;
  • evestor Personnel, who have outside commitments (e.g. directorships or other outside business interests), may be influenced to act in a manner that conflicts with the interests of evestor or its clients; or
  • where evestor Personnel invest for their own account in certain investments which are retained as investments for client accounts.

13.5 conflict avoidance

We seek to organise our business in such a way as to avoid conflicts of interest arising.

13.6 conflict management

For conflicts of interest which are unavoidable, we have put in place procedures which are designed to ensure that the management of any conflict takes place in such a way that evestor (and its personnel) are not advantaged and that no client is disadvantaged. All of our employees are provided with training in these procedures and the standards of conduct expected of them. evestor’s Board of Directors remain responsible for ensuring that such procedures are appropriate and that employees act accordingly. Specifically, we have put in place the following procedures to assist in our identification and management of conflicts of interest:

  • Conflicts Log: we maintain a list of all potential conflicts of interest identified. With respect to each conflict, the log details the measure put in place to monitor and manage the conflict of interest;
  • Gifts & Entertainment Policy: we ensure that all evestor Personnel are subject to appropriate restrictions and monetary limits for any gifts or entertainment received;
  • Personal Account Dealing Policy: we ensure that all evestor Personnel pre-clear and report any personal trading activity which may conflict with the interests of our clients;
  • Pre-approval process for all Outside Business Interests: we ensure that our personnel’s external commitments do not conflict with the interests of evestor or its clients;
  • Protection of information: we maintain appropriate safeguards to protect sensitive or confidential information which could give rise to conflicts of interest. These measures are designed to prevent unauthorised access, inappropriate use, or inappropriate dissemination of such information. Details of these arrangements are described in our Privacy Policy; or
  • Separation of functions: where our internal functions might give rise to conflicts of interest, we put in place arrangements to separate such functions and ensure that separate management and reporting lines are established.

13.7 conflicts disclosure

If we are not reasonably confident that we can manage a particular conflict to adequately protect the interest of the client, we will disclose the conflict of interest before undertaking any business, so the client has an opportunity to decide whether or not to continue.

We may aggregate your personal data (including, if you sign up to the Account Aggregation Services, your transactions) with that of other clients and license or sell it to third parties in anonymised form.

14.0 account aggregation specific terms

14.1 details of service

evestor provides a personal finance information service that allows customers to combine financial information for their various service providers. By combining this information, we want customers to see exactly how much they have, how much they owe and how much they are spending – and on what. We have called this additional service “meandmymoney“. We use a company called Yodlee Inc. to obtain the necessary information from your financial institutions; this includes your balance and transaction data. Once you have setup your external account(s), your account information is updated each time you login. The processing time for this process is almost instant, and you will be able to be see up-to-date balance and transaction information every time you access your account.

14.2 details of service

The Service requires you to log into any external accounts you wish to add, through the application. This will allow the Service to request balance and transaction information from Yodlee Inc., which will then be presented in the account aggregation application. 

Once you are logged into your evestor account your balance and transaction information will automatically update. Your evestor account will show the balance and the most recent transaction data available from your financial service provider; depending on your provider, there may be a delay in recording transactions and updating balance information, however evestor does not have any control over this. Your evestor account will show you when we last updated your balance and transaction information. You will remain logged into your accounts with each service provider, however evestor do not keep a record of your login details or passwords. 

As part of the Service, evestor may also provide information (itself or using suppliers) relating to third party products or services based on the financial information you access.

Personal information will be processed and stored in accordance with the evestor Data Protection Policy, the Privacy Policy and Cookies Policy. These are updated annually at minimum and reflect the current requirements imposed by UK and EU regulation. 

You will set up login details as part of the registration, you must treat this, and any other piece of information as part of the Service’s security procedures, as confidential and you must not disclose this to third parties. You must not disclose your evestor account login information to anyone, to help prevent unauthorised access.

14.3 your duty to disclose information

You must be over 18 years of age and a resident of the United Kingdom to register for and use the service. You agree to provide true, accurate and complete information about yourself, your current circumstances and your Accounts. You are required to check the information we have recorded to ensure it is complete and accurate and update us whenever there is a change to your personal circumstances or details, or if you notice an error in the information stored.

14.4 proprietary rights

You may download or print information and documents that we provide to you strictly for personal use provided that you keep all copyright and proprietary notices intact. You must not otherwise reproduce or distribute any material without our written consent.

You acknowledge and agree that all intellectual property rights in the App, the Portal, all documents and related technology anywhere in the world belong to us or our licensors - you have no rights in or to the App, the Portal, the documents and related technology other than the right to use each of them in accordance with these Terms and the Data Terms.

14.5 Content you provide

You are licensing evestor and its service providers, including but not limited to Yodlee Inc., to access, use and rely upon any information, data, passwords and other content (collectively known as ‘Content’) you provide to evestor. evestor and its service providers use, modify, display, distribute and create new material using such Content to provide the Service to you. evestor and its service providers may also analyse any Content to provide information about third party products or services that may be relevant to you; and use the Content to create and analyse aggregated data about their users, provided that you are not identifiable from the aggregated data. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, evestor and its Service Providers may use the Content for the purposes set out above. As between evestor and its Service Provider, evestor owns your Account Information.

14.6 how your data will be used

evestor has to store your data in order to provide you with an ongoing service, however in line with Data Protection regulation, we will never keep more data than is absolutely necessary to provide you with our service. At any time, you can ask us what data we have stored on you, and we encourage you to keep us updated with changes in your information. Your data will be encrypted and stored electronically. Once you are an evestor customer, there will be restrictions on what data we can permanently delete, in line with FCA regulations, however if you wish to request more information on this please contact: general@evestor.co.uk.At evestor, we may share your data with companies we have third party agreements with or companies which we outsource to, for example Yodlee, however we will never sell your data or pass it onto third parties with whom we do not hold a current and valid agreement. We may also use aggregated data, which does not contain personal information, for marketing and research purposes.

14.7 how we’ll obtain your consent

By agreeing to these terms and conditions you are agreeing with our policies on how we use and store your data. If you do not agree to any of these terms and conditions or any other conditions listed in policies of either E-Vest Adviser Services Limited or it’s group company; E-Vest Limited, then please contact general@evestor.co.uk.

When you open your account we will ask whether you consent to receiving marketing communications. By consenting to receiving these communications, you will only be contacted by evestor, or its sister companies, never by third parties. You can provide or withdraw your consent at any time, either by unsubscribing via an email received, or contacting us via webchat or emailing general@evestor.co.uk. We won’t ever sell your data or pass it on for marketing purposes.

When you access the website, you will be asked to consent to the use of cookies. If you do not consent to the use of cookies, please decline this request. Please note if you do not accept cookies this may affect the content which appears on the website and/or application.

14.8 access to your evestor account

evestor will provide you with security details to access your evestor Account. You must keep these details safe and confidential and notify evestor immediately if you think that someone else may know these details and/or may have unauthorised access to your Account (otherwise in accordance with these terms). You must not undertake any action that could compromise the security or effective working of the evestor Services. Any such action will be considered a material breach of these Terms.

You are responsible for monitoring your evestor Account, ensuring that you read all messages that have been sent to you (whether through the notifications and messaging centres in the App and the Portal, via the email address you have provided to us, or via any other means as agreed between us) and informing us if there is something wrong on your evestor Account or you suspect that it has been subject to unauthorised use.

14.9 access to your financial services accounts

By agreeing to these Terms and Conditions, you are agreeing to allow evestor and its Service Providers to access any accounts designated by you, on your behalf, to retrieve data requested by you, and to register for access to the accounts requested by you. For all purposes, you are agreeing to grant evestor and its Service Providers with a limited power of attorney (POA). You are granting evestor and its Service Providers with full power of substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve data and use this information, all as described in these Terms and Conditions, with full power and authority to do and perform each act necessary to fulfil the Service. foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Service is not endorsed or sponsored by any third-party account providers accessible through the Service.

By agreeing to these Terms and Conditions you are confirming you understand that evestor and its Service provider is acting only as your Agent, and not the Agent or on behalf of the third party, when accessing and retrieving information from third party sites.

14.10 encryption

The Service uses a very high level of encryption. The use of such levels of encryption, or this Service, may be illegal in jurisdictions outside the UK. We only accept customers who are based in the UK, and so any use of the application outside of the UK is entirely at your own risk; it is your responsibility to ensure that, if outside the UK, your ability to use the Service is permitted by local law. Neither evestor or its Service Provider will be liable for any loss or damage suffered by you as a result of not being able to use or not being permitted to use the Service in jurisdictions outside the UK.

14.11 disclaimer

By agreeing to these Terms and Conditions you are confirming you understand that the use of the Service and information, products and content (including that of third parties) in or accessible from the service is at your sole risk. evestor makes no warranty that this Service will meet your requirements or that the service will be uninterrupted, timely, secure and error-free. We cannot guarantee that the results obtained from the use of the service will be accurate or that any products or services made available to you through the Service will meet your requirements or expectations. Any information obtained from the Service is done at your own discretion and you are solely responsible for any damage or loss of data that results from the downloading of such material. Any products or services made available through the Service may not meet your requirements, and you are confirming you understand that this is not an advised service.

14.12 risk warning – your providers

The use of an account aggregation app, including the Service provided by evestor, may breach the Terms and Conditions of your financial service provider (i.e. Bank or Building Society). The use of the Service is at your own risk and evestor will not accept any liability, in any circumstances, in the event that your financial service provider refuses to compensate for any fraud associated with your account with them. This includes instances where the fraud is suspected or known to be connected in any way with use of the Service. evestor takes no responsibility for the use of the service beyond its statutory responsibilities.

14.13 liability

Nothing in these Terms and Conditions shall limit the liability for death or personal injury resulting from the negligence of either party or for fraud or any other liability that cannot be excluded or limited by law. By agreeing to the Terms and Conditions, you confirm that neither evestor or its Service Providers, or any affiliates will be liable for damages for loss of profits, goodwill, data or other intangible losses. evestor and its Service Providers cannot be liable for any losses incurred due to inability to use the Service for any reason including, but not limited to; suspension, technical difficulties or a disaster situation.

14.14 indemnification

You agree to protect and fully compensate evestor and its Service Provider and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from any misuse by you of the Service, your violation of these Service Terms and Conditions or your infringement of any intellectual property or other right of anyone.

14.15 suspension of the service

evestor may at any time suspend your use of the Service if it has reasonable grounds to believe that your use of the Service is in contravention of these Terms and Conditions or any reasonable instruction provided to you by evestor or its Service Provider. It may be necessary to suspend your use of the Service if we have reason to believe that it may be imposing risk to the security of the Service, including suspected unauthorised or fraudulent use of the Service. Where possible, you may be given advance notice of the suspension via email. Please note that there may circumstances where we are unable to provide notice or details of why the action is being taken.

14.16 variation of service

evestor reserves the right to change or continue; temporarily or permanently, the Service at any time without notice. By accepting these Terms and Conditions, you are agreeing that you understand that evestor cannot be held liable to you or any third party for any modification or discontinuation of the Service.

14.17 cancellation

You may cancel your subscription to the Service at any time without notice.

14.18 rights of service provider

You acknowledge that evestor’s Service Providers are third party beneficiaries of the above provisions, with all rights to ensure such provision as if they were a party to this agreement.

14.9 Precedence

In addition to the Terms and Conditions set out here, you acknowledge and confirm your continuing agreement to our Privacy Policy and the Portal & App Terms relating to the use of our App (together, the “Data Terms”). If there are any terms contained in the Data Terms that are inconsistent with or conflict with the terms, conditions and provisions set out in these Terms then, the relevant term, condition or provision set out in these Terms and Conditions shall prevail.

15.0 glossary

App

As the context requires, such mobile application(s) and/or website(s) as we may make available from time to time to enable you to access your evestor Account and receive the evestor Services.

Business Day

Any Monday, Tuesday, Wednesday, Thursday or Friday which is not a Bank Holiday in England.

Connected Account

Such bank, credit or debit account used in the course of providing the Account Aggregation Services.

Current Tax Year

The current period between 6th April and 5th April of the following year.

Data Terms

The Privacy Policy and the Website & App Terms.

Delegate

A person or entity to whom we may delegate to in order that they perform the provision of certain services to you instead of us.

evestor

E-Vest Adviser Services Limited, trading as evestor.

evestor Agreement

Means your agreement with evestor.

evestor Services

The services that evestor will provide to you.

FCA Rules

The rules contained in the FCA’s handbook of rules and guidance (as may be amended and updated from time to time).

Financial Conduct Authority or “FCA”

The UK Financial Conduct Authority, or any applicable successor body. For evestor, the FCA is both the conduct and prudential regulator.

Financial Ombudsman Service or “FOS”

The office to whom you may refer any complaint you have about the services provided to you if we cannot resolve or settle your complaint (to your satisfaction) within 8 weeks of the date you first make the complaint.

Financial Services Compensation Scheme or “FSCS”

A statutory compensation fund from which you may be able to make a claim in the event that a regulated firm (such as evestor and the Platform Provider is unable (or is likely to be unable)) to pay a claim against it.

HMRC

Her Majesty’s Revenue & Customs.

Previous Tax Year

Any previous period between 6th April and the following 5th April.

Sterling

British Pounds Sterling (the lawful currency of the United Kingdom, as at the date of this Agreement).

Terms

These Terms, which govern the relevant services provided to you by evestor and the Platform Provider and which form part of your agreement with each of them.

US Person

Any United States citizen or other person who is resident in the United States for tax purposes.

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