Novia - Adviser Terms and Conditions - Seven Investment ...

(d)
(e)
(f)
providing your clients, directly and/or through the information made available via the
Platform, with all information required under the FCA Rules in relation to investments linked
to the Model Portfolios;
if you or your Authorised Users communicate any personal data to us, ensuring that the
relevant individual’s consent to this disclosure and our processing of such personal data
has been validly obtained, and all appropriate notifications have been made, to the full
extent required by the Data Protection Act 1998; and
compliance with the FCA Rules and other laws and regulations applicable to business
conducted by you or your Authorised Users in relation to the Model Portfolios.
4.2 You shall promptly notify the Platform Provider:
(a)
(b)
if any of your Authorised Users cease to have authority to act as agent in respect of any of
your clients, or ceases to hold any authorisation, permission or approval required to
conduct investment business relevant to the Model Portfolios; or
any of your clients no longer wishes to use any products or services linked to the Model
Portfolios,
in the event of which, the relevant client portfolios and/or accounts shall be delinked from the
Model Portfolios. We shall be entitled to the Model Portfolio Fees accruing for the period up to the
date of delinking of such portfolios and/or accounts from the Model Portfolios.
4.3 You shall procure that your Authorised Users are aware of and comply with all applicable
provisions of these Model Portfolio Adviser Terms.
4.4 If you are in breach of your obligations under these Model Portfolio Adviser Terms, make an
error, or fail to comply with any of your obligations under applicable law or regulation, and we
incur loss or are required to make a payment to a third party as a result, you shall make good
such loss or payment if we ask you to do so.
5. OUR RESPONSIBILITIES
5.1 You acknowledge and agree that we will treat you (and not your clients) as our client for the
purposes of the FCA Rules, and that we will categorise you as a professional client unless we
notify you otherwise.
5.2 Our role in the provision of the Model Portfolios is to construct the Model Portfolios with asset
allocations designed to represent certain investment objectives and risk profiles, and select the
investments to populate each Model Portfolio from those included in the Platform Available
Investments, at our discretion and in line with the principle of prudent diversification. Please note
that the asset allocation of a Model Portfolio may or may not be determined by 7IM or aligned to
the risk profiling system made available on the Platform, depending on the type of Model
Portfolio.
5.3 We shall review the Model Portfolios periodically as we consider appropriate. As a result of these
reviews, we may make changes to the investments selected, and/or instruct a rebalancing of
portfolios linked to the Model Portfolios. For Model Portfolios where we decide the asset
allocation, we may also make changes to the asset allocation. Where the Platform Provider or a
third party determines the asset allocation of a Model Portfolio, then we will take instructions from
the Platform Provider as to the asset allocation for each such Model Portfolio and changes to
such asset allocation from time to time. In respect of each of your clients, you acknowledge and
agree that, as your client’s agent, you are responsible for ensuring that our and your respective
responsibilities under these Model Portfolio Adviser Terms are fully explained to your client in
respect of all Model Portfolios which are marketed to, or invested in by, your client, and that your
client’s authority and agreement to this arrangement (including the applicable Model Portfolio
Fee) is validly obtained in accordance with these Model Portfolio Adviser Terms and your
obligations under FCA Rules.
5.4 You acknowledge and agree that our role does not extend to execution, dealing, custody and
administration in relation to investments linked to the Model Portfolios (including the
implementation of any instructions given by us to change or rebalance the Model Portfolios), or
compliance with laws and regulations applicable to such activities, which are the responsibilities
of the Platform Provider. The Platform Provider’s role includes the negotiation and disclosure of
dealing terms and any rebates applicable to investments, and reporting to you and/or your clients
in respect of transactions carried out and investments held via the Platform. We may provide
information to you electronically, including through the Platform, but are not obliged to do so.
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