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Metropolitan Finance : : Legal : : Terms and Conditions.
 

Jane Myles T/A Metropolitan Finance is regulated by the Financial Regulator. Metropolitan Finance has three Branch Offices based at Farney Street, Carrickmacross, Co. Monaghan, 6 Jocelyn Street, Dundalk, Co. Louth and 3 Canal Street, Monaghan, Co. Monaghan all based in The Republic of Ireland.

This page states the Terms and Conditions under which you may use the Metropolitan Finance website (the "website"). If you do not accept the Terms and Conditions stated here, you are not permitted to use the website.
You should ensure that you have read and fully understand these terms before using the rest of this website. By accessing any part of this website you are deemed to have accepted these terms in full.
This website is operated from Ireland by Metropolitan Finance. Metropolitan Finance may revise these Terms and Conditions at any time by updating this posting. You agree to visit this page periodically to review the Terms and Conditions, because they are binding on you and each time you use the website you agree to be bound by the current Terms and Conditions.

Content of Website

The information contained on the website is continuously up-dated. While we are careful to ensure that all information is accurate, Metropolitan Finance does not accept any liability for errors, omissions, defects, unauthorised access or alterations to the website. For accurate real-time information and rates, please contact Metropolitan Finance directly for specific tailored information to meet your particular requirements.
The content of this website is intended for use only by residents of those jurisdictions to which it is expressed to relate. None of the services or products referred to are available to persons resident in any state or territory where such products or services are prohibited by local law or regulation. The content of this website is provided for general information purposes only and does not constitute financial or other advice. Neither the information nor any opinion expressed in this website constitutes an offer to provide any product or service. The services featured on the website are subject to separate terms and conditions, Metropolitan Finance internal regulatory and compliance procedures and practices.
All information and rates quoted on the website are for guidance only and do not form any part of a legal contract, agreement or understanding. You should not take any action on foot of information appearing on the website before taking appropriate financial, legal or other appropriate professional advice.
Where the website includes devices to allow you to calculate repayments or estimate the likely extent of any loan which may be available to you, please note that such information, prices and rates which may be quoted on the website are non-binding and are provided for guidance purposes only. No quotation or estimate shall be capable of acceptance unless and until it is contained in a formal Letter of Offer issued by a lender and accompanied by the full terms and conditions which will apply to the facility in question.

Use of Material

The contents of this website, such as text, graphics, images and other material ("Material"), are protected by copyright under both Irish and foreign laws. Unauthorised use of the Material may violate copyright, trademark and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. Except where expressly permitted in writing by Metropolitan Finance, the use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.
If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.

Use of the website

You agree not to use the website or cause or permit any Materials to be used:-

so as to jeopardise or prejudice the operation, quality or integrity of the website or Materials, or the operation, quality or integrity of any telecommunications network;
to harvest or otherwise collect information about others, including e-mail addresses, without their consent;
To distribute, download, upload or transmit any material which contains viruses, Trojan horses, worms, time bombs, or any other harmful or deleterious programs;
contrary to the terms and conditions of any Internet Service Provider whose services you may use.
If you violate any of these Terms and Conditions, your permission to use the Material automatically terminates and you must immediately destroy any unauthorised copies you have made of the Material.
Metropolitan Finance Liability

The Material may contain inaccuracies or typographical errors. Metropolitan Finance makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the website and the Material. The use of the website and the Material is at your own risk. Changes are periodically made to the website and may be made at any time.

METROPOLITAN FINANCE DOES NOT GUARANTEE THAT ACCESS TO, OR THE INFORMATION OR FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERUPPTED OR ERROR FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND METROPOLITAN FINANCE, ITS PROPRIOTERS, DIRECTORS, OFFICERS AND EMPLOYEES DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE ARISING THERE FROM. WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND THE SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, METROPOLITAN FINANCE IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. METROPOLITAN FINANCE AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE. METROPOLITAN FINANCE AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.

IN NO EVENT SHALL METROPOLITAN FINANCE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT METROPOLITAN FINANCE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Internet is an inherently insecure medium and therefore the confidentiality, integrity, author or recipient of any electronic communications between you and Metropolitan Finance cannot be guaranteed.

Links to Other Sites

The Metropolitan Finance website contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Metropolitan Finance of the contents on such third party websites. Metropolitan Finance is not responsible for the content of linked third party websites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk and in accordance with the prevailing terms and conditions of such third party websites.
Metropolitan Finance generally welcomes the hyper linking to the website from other appropriate websites provided such links are to the website's homepage only and provided Metropolitan Finance gives its consent to the establishment of such links. You may not use Metropolitan Finance trade marks or material authored by Metropolitan Finance without our express and specific written permission. Any linking to Metropolitan Finance pages other than to the homepage is strictly forbidden unless prior written agreement is obtained from Metropolitan Finance. Notwithstanding the foregoing, Metropolitan Finance reserves the absolute right to refuse to consent to such links without giving reasons.

Any links to the website from another website must be presented in such a manner that the viewing of the website is not impaired by framing, co-branding or similar techniques that may impair the visitor's user experience.
Indemnity

You agree to defend, indemnify, and hold harmless Metropolitan Finance, its proprietors, directors, officers and employees from and against any costs, damages or losses of any kind, including without limitation, all legal, accounting and management fees, arising or resulting from any claims, actions and demands in respect of your use of the Material (including Software) or your violation of these Terms and Conditions or unauthorised use of the services and information provided on this website. This includes any infringement of copyright, trademark or intellectual property rights and any claim in respect of libel, defamation and breach of confidentiality. Metropolitan Finance shall provide notice to you promptly of any such claim, suit, or proceedings and Metropolitan Finance shall nominate such solicitors as it chooses to defend any such claim, suit or proceedings at your own expense.
Irish Law and Jurisdiction

The information in this website is aimed at residents of the Republic of Ireland and is not provided and should not be used in any country where accessing or use of such information is prohibited. The information contained in this website does not constitute an offer or solicitation of financial services by Metropolitan Finance.
Any applications submitted by email will be subject to the same terms and conditions as those completed by hand in paper form including additional terms and conditions relating to credit checking, money laundering and regulatory notices.
Any disputes, claims or proceedings arising out of or in any way relating to the Materials or the website shall be governed by the laws of Ireland. Information appearing on this website is provided in accordance with and subject to the laws of the Republic of Ireland and the laws of the Republic of Ireland governs the conduct and operation of this Site. The Irish Courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the Materials or the website.

Brokers and Other Professional Pages

Certain areas in the website are provided for the benefit of professional service providers and are not intended for the general public. Unless you are appropriately qualified and authorised to access such pages, you should not do so. If you are appropriately qualified and authorised to access such pages, you should exercise your own professional judgment before acting upon any information contained in the website.
Privacy Security and Communication to us

See our Privacy Policy for details on how we comply with our obligations under the Data Protection Acts, 1988 and 2003. Please note that any communications to us will be retained in electronic form in accordance with our Data Privacy & Acceptable Use Policy. Please also note that telephone calls to Metropolitan Finance may be recorded for security purposes and monitored as part of our quality control procedures.
General

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Metropolitan Finance may at any time and without liability modify, suspend or discontinue the website or any Materials (or any part or specification thereof), with or without notice, for any valid technical, operational or commercial reasons.
Metropolitan Finance shall not be liable, and shall not otherwise be deemed to be in breach of this Agreement, for any failure to perform (or delay in performing) any of its obligations hereunder caused by circumstances beyond its reasonable control.
Jane Myles T/A Metropolitan Finance is regulated by the Financial Regulator. Member of PIBA

If you have any queries relating to the above Terms & Conditions, please email info@metropolitanfinance.ie

TERMS OF BUSINESS OF METROPOLITAN FINANCE

These Terms of Business set out the basis on which Metropolitan Finance will provide business services to you as an individual private client of the firm. Please take a few minutes to read through these and if you have any questions please refer to this office for clarification.
Metropolitan Finance has three Branches: Farney Street, Carrickmacross, Co. Monaghan - 6 Jocelyn Street, Dundalk, Co. Louth – 3 Canal Street, Monaghan, Co. Monaghan. Our contact telephone number is 1890 66 66 66. Our e-mail address is info@metropolitanfinance.ie and our main fax number is 00353 47 72068.

Jane Myles T/A Metropolitan Finance is regulated by The Financial Regulator.  Metropolitan Finance is a Life Insurance, General Insurance & Mortgage Brokerage and is a member of the Professional Insurance Brokers Association (PIBA) and IBA.
A list of the product producers from whom the firm holds written letters of appointment is attached at Appendix 1. 
In relation to products provided by the product producers listed in Appendix 1, the services which the firm is authorised to provide are:

1. advising you in relation to the nature of each of the products
2. advising you as to which product is suitable for your needs;
3. Receiving and transmitting orders on your behalf for a product(s).

Life & Pensions

Life Assurance companies provide products such as life cover, serious illness cover, income protection, savings, investments and pensions. Depending on your individual circumstances, we may provide you with advice and arrange policies on your behalf. You may, however, have particular areas of interest and, in this case, we will be happy to give more detailed advice in these areas. With your agreement, we may review the policies you take out on a periodic basis to ensure that you are kept informed as to their benefit and to check whether they are still suitable for your needs.  We will also provide assistance to you for any queries you may have in relation to the policies or in the event of a claim during the life of the policies.
Personal Retirement Savings Accounts (PRSAs)
PRSAs are available in two forms – Standard PRSAs with capped charges and Non Standard PRSAs. If you would like us to advise you on PRSAs or arrange a PRSA for you we will charge you a fee commensurate with the work completed (see commissions and charges below).
Non-Life
We provide services through the agencies listed in this document in relation to the following non-life insurance products: household, motor, commercial, public liability and employer liability (and any other products available through those agencies).  Depending on your instruction, we can give advice in relation to the products and receive and transmit orders on your behalf to those institutions.  We will also offer assistance to you in relation to processing claims on policies taken out with us and in seeking renewal terms on your cover.
Important notice: To ensure continuity of cover, where you have an existing policy which is due to expire and where we have been unable to contact you, we may put continuing cover in force whilst awaiting your instruction.  You will be liable for any premiums payable to the relevant insurer for the period of time between renewal and when we receive your instruction.  You have the right not to avail of this service.

Mortgages
We provide advice in relation to mortgages and can arrange mortgage lending with those mortgage lenders with whom we have an agency as listed in Appendix 2.

Commission and Charges

Metropolitan Finance is remunerated by commission and other payments from the completion of business with the product producers listed in Appendix 1 in certain circumstances, it will be necessary to charge a fee for services provided.  These are listed below for non-life business and Standard PRSAs. In other circumstances where fees are chargeable, we will notify you in advance.

Life Fees (optional)
You may elect to deal with us on a fee basis.
Advisor fees: €200 - €300 per hour.
Support staff: €60 - €100 per hour
Additional fees may be payable for complex cases or to reflect value, specialist skills or urgency.
A typical life and pensions case will take 10-20 hours of advisor time.
Personal Retirement Savings Accounts (PRSA's) - Fees
Where advice is requested for PRSA's, the following hourly fees will apply:
Advisor fees: €200 - 300 per hour.
Support staff: €60 - €100 per hour
Handling of premiums (i.e. forwarding premiums due to the Provider) incurs a standard fee of €50
Additional fees may be payable for complex cases or to reflect value, specialist skills or urgency. We will give an estimate of this rate in advance of providing you with services.
If we receive commission from a product provider, this may be offset against the fee which we will charge you.

Non-Life Fees
Brokerage fee                                          €50
(Charged on renewal notifications and on each follow up necessitated)
Premium handling                             €50
Rebate premium                      All rebate premiums handled through these offices will be refunded in full to you. If there is an administration charge associated with this rebate it will be invoiced to you separately and it will never exceed €25.
Switch/alteration mid term      €50
Claims handling                       Depending on case
These fees are reviewed annually and an updated list is available on request.
Mortgages – Fees We are paid up to 1% (or whatever maximum is applicable) of the loan for arranging mortgage finance.  This commission is paid by the mortgage lender.
Clawbacks are applied by some lenders if mortgages are redeemed within certain specified times (usually the first three years, sometimes up to 5 years). Metropolitan Finance reserves the right to charge this clawback fee directly to the client. Alternatively Metropolitan Finance reserves the right in such instances to make a charge of one percent (or €1500 minimum) on the next case processed for clients in such circumstances.  In any instance where a mortgage case does not proceed through Metropolitan Finance and more than one hour has been spent in time on said case, Metropolitan Finance reserves the right to charge up to 1% of the mortgage amount involved or €500 minimum to the applicant/s.
Non-prime lending i.e. cases where the applicants have bad credit rating, arrears, judgments etc are subject to a minimum administration charge of €1000 (this fee will be reviewed annually, review figures are available from Metropolitan Finance on request). 
Additional & Top Up Mortgages - €500 per case
Overseas Mortgage applications are subject to an upfront non-refundable administration fee of €1000.00.  This is the administration fee charged by Metropolitan Finance and is in addition to any fees that might be charged by the providers of the finance, valuation fees etc
All valuation fees collected from clients are inclusive of our administration charges.  The entire fee is payable to Metropolitan Finance. The administration charge is unlikely to be in excess of €100. In the event of a mortgage not proceeding if the valuation fee is held by Metropolitan Finance we reserve the right to keep this fee to cover some of our costs in handling the case in addition to any other fee charged.  In the event of a case not progressing Metropolitan Finance reserves the right to charge for all work completed on the case.  A breakdown of the cost will be provided.
Commercial Mortgages:  A charge of one percent is charged by Metropolitan Finance (or minimum €1500K) in addition to any commissions etc paid to the firm for all such cases. This fee is payable up front prior to commencement of work unless alternative is agreed in writing with Metropolitan Finance.
Conflicts of interest - It is the policy of our firm to avoid conflicts of interest in providing you with insurance and investment business services.  If this is not possible, we will notify you as soon as is practicable after we become aware of the conflict of interest and you may rest assured that you will be treated fairly where such a conflict is unavoidable.
Default on payments by clients - Our firm will exercise its legal rights to receive payments due to it from clients for business services provided.  In particular, without limitation of the generality of the foregoing, the firm will seek reimbursement for all payments made to insurers on behalf of clients where the firm has acted in good faith in renewing a policy of insurance for the client. Insurers and other product producers may withdraw benefits or cover in the event of default on payments due under policies of insurance or other products arranged for you.  We would refer you to policy documents or product terms for the details of such provisions.
Complaints - We ask that you make any complaint against our firm relating to investment business services provided by us in writing.  We will acknowledge your complaint within 5 days and we will fully investigate it.  On completion of our investigation, we will provide you with a written report of the outcome.  In the event that you are still dissatisfied with our handling of, or response to, your complaint, you are entitled to refer the matter to the Financial Services Ombudsman. A full copy of our complaints procedure is available on request.
Section 30 Receipts – If you make a payment through Metropolitan Finance to a product provider of that firm (Life & General) for any premium or product you are entitled to receive a Section 30 receipt (even if a cheque/draft is made payable to the provider) In the unlikely event of any staff member not providing such a receipt please notify Jane Myles (Metropolitan -Monaghan) of such an oversight.
Credit Bureau Checks: In most instances when an application for any type of loan facility is submitted to a financial institution a credit Bureau check is carried out by the institution concerned on the applicant/s. On rare occasions a financial institution will carry out this check but not request this signed consent until after approval in principle as they will accept out confirmation that clients are aware of this fact – please be aware of this fact.. 
Compensation Scheme - We are members of the Investor Compensation Scheme operated by the Investor Compensation Company Ltd. – see Appendix 1 for details.

Appendix 1.
Product providers from which Metropolitan Finance holds written letters of appointment.

Product Providers (Appointments)
Irish Life Assurance plc.	AVIVA (Life) Ltd
Canada Life Assurance (Irl) Ltd	Friends First Life Assurance Co Ltd
Standard Life Assurance Co Ltd	New Ireland Assurance
Zurich Ltd	Oregan Financial Ltd
Pinnacle Insurance Ltd	Adviser Plus
Caledonian Life  -----   Assurant Intermediary Ltd ACC Bank Irish Nationwide Building Society Irish Life & Permanent plc (PTSB) PIBA Mortgage Services Ltd Seniors Finance Ireland Ltd (SHIP) ICS Building Society KBC Homeloans Seniors Money Ireland Ltd	KBC Investments AVIVA (General) Ltd AVIVA (Health) Ltd April Insurety (Ireland) Ltd BOI Commercial Banking

Investor Compensation Act, 1998.

Under Section 38 (1) of the Investor Compensation Act, 1998 I wish to draw your attention to the following:

The Investor Compensation Act, 1998 provides for the establishment of a compensation scheme and the payment, in certain circumstances, of compensation to certain clients (known as eligible investors) of authorised investment firms, as defined in that Act;

Metropolitan Finance is a member of the compensation scheme;

compensation may be payable where money or investment instruments owed or belonging to clients and held, or in the case of investment instruments, administered or managed by my firm cannot be returned to those clients for the time being and there is no reasonably foreseeable opportunity of the firm being able to do so;

A right to compensation will arise only:

1. If the client is an eligible investor as defined in the Act:
2. If it transpires that my firm is not in a position to return client money or investment instruments owned or belonging to the clients of the firm.
3. To the extent that the client’s loss is recognised for the purposes of the Act:

Where an entitlement to compensation is established, the compensation payable will be the lesser of:

1. 90 per cent of the amount of the client’s loss which is recognised for the purposes of the Investor Compensation Act, 1988;   

Or

Compensation of up to €20,000.