Terms of Business & Data Privacy Statement

JC Mortgages Limited Terms of Business

These Terms of Business are applicable from 01/07/2022 and set out the general terms under which we will provide business services to you and the respective duties and responsibilities of both ourselves and you in relation to such services. Please ensure you read these terms thoroughly and if you have any queries, we will be happy to clarify them. If any material changes are made to these terms, we will notify you.

Authorisation
JC Mortgage Limited is regulated by the Central Bank of Ireland as an Insurance Intermediary registered under the European Union (Insurance Distribution) Regulations 2018 and a Mortgage Intermediary under the European Union (Consumer Mortgage Credit Agreements) Regulations 2016. Our authorisation can be checked on the website of the Central Bank of Ireland (www.centralbank.ie) or by calling the Central Bank of Ireland on 1890 777 777 to verify our credentials. Our reference code is C466128.

Codes of Conduct
We are subject to the Consumer Protection Code, Minimum Competency Code and Fitness & Probity Standards which offer protection to consumers. These Codes can be found on the Central Bank’s website (www.centralbank.ie).

Our Services
We are an Insurance and Mortgage Credit Intermediary. Our principal business is to provide advice and arrange transactions on behalf of our clients in relation to insurance & mortgage products. We are not under a contractual obligation to conduct insurance distribution business exclusively with one or more Insurance Undertakings and do not give advice on the basis of a fair and personal analysis. We do however provide advice from the selection of products provided by the companies and lenders we have agencies with. We recommend the product that, in our professional opinion, is best suited to your needs and objectives from this selection of products.

 

For a full list of insurers, product producers and lending agencies see below:

Life Companies and Lenders
Permanent TSB
Bank of Ireland
Moneysave
Brokers Ireland Network Services Ltd
(which gives us access to the following lenders):
KBC Bank Finance Ireland Credit Solutions DAC
Banco Sabadell SA Haven Mortgages Limited
BNP Paribas Personal Finance Seniors Money Mortgage (Ireland) DAC
Dilosk Limited

Mortgages
Through the lenders or other undertakings with which we hold an agency, JC Mortgages Limited can provide advice on and arrange mortgage products from the following range: fixed-rate loans, variable rate mortgages, capital & interest mortgages, interest only mortgages, endowment mortgages, pension mortgages and residential investment property. We provide mortgage advice on mortgages from the selection of lenders we have agencies with. We will need to collect sufficient information from you before we can offer any advice on housing loans. This is due to the fact that a key issue in relation to mortgage advice is affordability. Such information should be produced promptly upon our request. Where the creditor is unable to carry out an assessment of creditworthiness because the consumer chooses not to provide the information or verification necessary for an assessment of creditworthiness, the credit cannot be granted.

Consumer Insurance Contracts Act 2019

Your Duty of Disclosure – Consumer
This duty of disclosure applies to consumers as defined above in the Financial Services and Pensions Ombudsman Act 2017.

You are required to answer all questions posed by us or the insurer honestly and with reasonable care. The test will be that of the ‘average consumer’. The ‘average consumer’ per Directive No. 2005/29/EC of the European Parliament and of the Council of 11 May 2005, is one that is reasonably well informed and reasonably observant and circumspect, taking into account social, cultural and linguistic factors.

You are not under any duty to volunteer information over and above what is required to answer the questions posed to you. The questions we require you to answer are material to the risk to be undertaken by the relevant insurer, or the calculation of the premium by the relevant insurer, or both.

You will be required to answer specific questions. Where you do not provide additional information (after being requested to do so) it can be presumed that the information previously provided remains unchanged.

It is important that you answer all questions honestly and with reasonable care. Failure to do so may result in an insurer cancelling the contract, rejecting a claim or limiting the amount paid in the event of a claim only if it establishes that non-disclosure of material information was an effective cause of the insurer entering into the relevant contract of insurance and on the terms on which it did.

Remuneration
JC Mortgages Limited is remunerated by commission and other payments from product producers and lenders. We reserve the right to charge additional fees if the number of hours relating to on-going advice /assistance exceeds 3 hrs. 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 these services.

We may receive up to 1% (or whatever maximum is applicable) of the loan for arranging mortgage finance. This commission is paid by the mortgage lender. The actual amount of commission will be disclosed at a later stage in the ESIS (European Standardised Information Sheet) which will be forwarded to you at loan offer stage. Please note lenders may charge specific fees in certain circumstances and if this applies, these fees will be specified in
your Loan Offer. You have the right to pay a fee separately and not include it in the loan. Typically, this situation arises in relation to specialist lending. In addition, we may charge you an arrangement fee of up to €750. If we provide mortgage advice and obtain a Loan Offer for you and you subsequently do not proceed with your mortgage application through ourselves, we will charge you an arrangement fee of €750 for our services.

As outlined below under “Consumer Protection Code Addendum 2019”, a summary of the details of all arrangements for any fee, commission, other reward or remuneration paid or provided to us by the product producers is available on our website “http://geb.smartaje.com/”. If you need further explanation of this information, please do not hesitate to call us. We charge €350 for approval in principal on a once off basis. If we don’t get you approved there is no fee.

 Consumer Protection Code Addendum 2019
Pursuant to provision 4.58A of the Central Bank of Ireland’s September 2019 Addendum to the Consumer Protection Code, JC Mortgages Limited, must make available on our website, a summary of the details of all arrangements for any fee, commission, other reward or remuneration provided to us which has been agreed with our product producers. Our Remuneration Document can be found on our websitehttp://geb.smartaje.com/.

Regular reviews
It is in your best interests that you review, on a regular basis, the products which we have arranged for you. As your circumstances change, your needs will change. You must advise us of those changes and request a review of the relevant policy so we can ensure you are provided with up to date advice and products best suited to your needs.

Conflicts of interest
It is the policy of JC Mortgages Limited to avoid conflicts of interest in providing services to you. However, where an unavoidable conflict of interest arises, we will advise you of this in writing before providing you with any service. As per above we receive commission from the lenders and companies we have agencies with for the business you transact.

Data Protection
JC Mortgages Limited complies with the requirements of the General Data Protection Regulation 2018 and the Irish Data Protection Act 2018. JC Mortgages Limited is committed to protecting and respecting your privacy. We wish to be transparent on how we process your data and show you that we are accountable with the GDPR in relation to not only processing your data but ensuring you understand your rights as a client. The data will be processed only in ways compatible with the purpose for which it was given and as outlined in our Data Privacy Notice which will be given to all our clients at the time of data collection.

Anti – Money Laundering/Countering the Financing of Terrorism
JC Mortgages Limited reserves the right to request any information about a client which it reasonably believes it needs to know in order to comply with the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (as amended).

Governing Law and Language
The laws of Ireland form the basis for establishing relations between you and JC Mortgages Limited. All contracts, terms, conditions and communications relating to any policies or services you may enter into with the firm will be in English.

Compensation Scheme
We are members of the Investor Compensation Scheme. 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.

The Investor Compensation Company Ltd. (ICCL) was established under the 1998 Act to operate such a compensation scheme and our firm is a member of this scheme.
Compensation may be payable where money or investment instruments owed or belonging to clients and held, administered or managed by the firm cannot be returned to those clients for the time being and where there is no reasonably foreseeable opportunity of the firm being able to do so.

A right to compensation will arise only:
● If the client is an eligible investor as defined in the Act; and
● If it transpires that the firm is not in a position to return client money or investment instruments owned or belonging to the clients of the firm; and
● 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:
o 90% of the amount of the client’s loss which is recognised for the purposes of the Investor Compensation Act, 1998; or
o Compensation of up to €20,000.

For further information, contact the Investor Compensation Company Ltd. at (01) 224 4955.

Direct Marketing
We would like to keep you informed of various insurance, mortgage and any other related services, competitions and newsletters that we think may be of interest to you. If you consent to receiving such marketing information, please complete below:

I/we confirm, having read the paragraphs in relation to Data Protection and Direct Marketing, that I/we consent to JC Mortgages Limited contacting me/us by the following methods in relation to the range of services provided by JC Mortgages Limited:

Client 1           Client 2
Letter             Letter
Phone            Phone
Email             Email

DECLARATIONS
I/We acknowledge that I/We have been provided with a copy of the Terms of Business and the Data Privacy Notice for JC Mortgages Limited and confirm that I/We have read and understand them.

Signed___________________________ Print_____________________________
Signed___________________________ Print______________________________

Date_____________________________ Date _____________________________
Signed on behalf of JC Mortgages Limited ________________________________
Date____________________________________

    Dear Reader,

    I attach for your information a document setting out the terms under which my firm will provide mortgages , insurance and investment business services to you.
    You should read through this document and if there are any matters on which you require clarification, I will be happy to explain the matter in more detail.
    These terms will remain in force and shall apply to any business service provided to you now or at a future date. Should my firm change any of its business terms at a future date I will advise you at our next meeting.

    Data Protection

    JC Mortgages Limited complies with the General Data Protection Regulation and the Irish Data Protection Acts. The data which you provide to us will be held on a computer database and paper files for the purpose of arranging transactions on your behalf with your confirmed consent as per below. Your data will be passed to the relevant product producers with whom JC Mortgages Limited has agencies for the purpose of arranging transactions agreed with you.


    JC Mortgages Limited

    CLIENT ACKNOWLEDGEMENT

    I/We acknowledge and confirm that I/we have been provided with a copy of the Terms of Business of JC Mortgages Limited and that I/we have read, understand, and consent to these terms and the collection of my/our data.

    I/We acknowledge and confirm that I/we have been provided with a copy of the Data Privacy Notice of JC Mortgages Limited and that I/we have read and understand the document contents.

    DIRECT MARKETING

    I / We consent JC Mortgages Limited contacting me/us in relation to the financial services , Mortgages and insurance products provided by JC Mortgages Limited.

    Please tick each of the ways in which you wish for me to contact you.

    NOTE

    You may opt out of this service at any time by writing to JC Mortgages Limited or by selecting the unsubscribe option on any email sent to you.

    Terms of Business of JC Mortgages Limited

    These terms of business will remain in force and shall apply to any business service provided to you now or at a future date. Should my firm change any of its business terms at a future date I will advise you at our next meeting.

    • The full name and address of the firm is set out on the bottom of each page
    • JC Mortgages Limited is authorised and regulated by the Central Bank of Ireland. Central Bank reference number is C466128.

    • JC Mortgages Limited registered to undertake insurance mediation under the European Union (Insurance Distribution) Regulations 2018 and as a Mortgage Intermediary under Section 31(10) of the European Union (Consumer Mortgage Credit Agreements) Regulations 2016 and Section 151A
    (1) of the Consumer Credit Act 1995.Copies of our regulatory authorisations are available on request. The Central Bank of Ireland holds registers of regulated firms. You may contact the Central Bank of Ireland on 1890 777 777 or alternatively visit their website at www.centralbank.ie to verify our credentials. (Our reference number is C466128)

    • JC Mortgages Limited is subject to the Minimum Competency Code and Regulations, the Consumer Protection Code, the Fitness and Probity Standards which can be viewed on www.centralbank.ie

    • JC Mortgages Limited offers a range of products and services including life assurance, pensions and investments. We also act as a Mortgage Credit Intermediary. We provide advice from the selection of lenders with whom we have agencies with.

    • JC Mortgages Limited holds written appointments with a number of insurance undertakings, lenders and product producers; however, JC Mortgages Limited has selected one preferred product producer, Irish Life Assurance plc for life insurance plans (including life assurance, specified illness cover, income protection, unit linked savings, investments, and pension plans), tracker bonds, and Personal Retirement Savings Accounts (PRSAs). Analysis of the market will be limited to products provided by Irish Life Assurance plc. A list of the product producers with which JC Mortgages Limited holds an agency appointment outlined at the end of this document. Any product not sold by Irish life we can provide via Brokers assist( Zurich and Royal London) , and Aviva

    • Mortgages
    Through the lenders or other undertakings with which we hold an agency, JC Mortgages Limited can provide advice on and arrange mortgage products from the following range: fixed-rate loans, variable rate mortgages, capital & interest mortgages, interest only mortgages,
    We provide mortgage advice on mortgages from the selection of lenders we have agencies with. We will need to collect sufficient information from you before we can offer any advice on housing loans. This is due to the fact that a key issue in relation to mortgage advice is affordability. Such information should be produced promptly upon our request.
    Where the creditor is unable to carry out an assessment of creditworthiness because the consumer chooses not to provide the information or verification necessary for an assessment of creditworthiness, the credit cannot be granted.

    • JC Mortgages Limited is remunerated by commission and other payments from product producers on the completion of business. A summary of the details of all arrangements for any fee, commission or other rewards or remuneration paid or provided to the intermediary which it has agreed with product producers is available in our office/on our website.

    • As outlined below under “Consumer Protection Code Addendum 2019”, a summary of the details of all arrangements for any fee, commission, other reward or remuneration paid or provided to us by the product producers is available on our website “https://www.jcmortgages.ie/”. If you need further

    24 Millrace Rd, Phoenix Park, Racecourse, Dublin 15
    01-8102032
    info@jcmortgages.ie

    explanation of this information, please do not hesitate to call us. We charge €350 for approval in principle on a once off basis. If we don’t get you approved there is no fee. For Self employed cases the fee is higher at 700 . 350 on approval 350 on drawdown. . For complex cases such as credit issues ,multi properties these will be advised on a case by case basis.

    We may receive commission and other payments from the life assurance provider to whom orders are transmitted. Summary details of these payments will be included in a product information document, under the Customer Information Notice section, which you are legally entitled to receive before an application for a product is completed. These payments are included in the charges of your product. Any ongoing commission shown in the Customer Information Notice will be paid to me as long as I continue to be your Financial Adviser. The full details of the commission JC Mortgages Limited receives for Life Assurance products (excluding Company Pension products) will be included in your Welcome Pack which is issued to you. Details of company pension commission are available upon request. In certain circumstances the firm may charge you a fee for the services provided. If we do this we will provide you with a written estimate of this in advance of providing any business service.

    • JC Mortgages Limited complies with the requirements of the General Data Protection Regulation and the Irish Data Protection Acts. The data which you provide to us will be held on a computer database and paper files for the purpose of arranging transactions on your behalf. Your data will be passed to the relevant product producers with whom JC Mortgages Limited has agencies for the purpose of arranging transactions agreed with you. Your data will be processed only in ways compatible with the purposes for which it was given and as outlined in our Data Privacy Notice and Data Protection Policy and Procedures. This information will only be used to provide you with business services, to meet any legal and regulatory obligations, and for legitimate business reasons. From time to time, we will send information about other financial products and services, provided by us or associated companies with which we have a formal business arrangement, which we think may be of interest to you. You have the right to ask us not to send you this marketing material and, at any time you can ‘opt out’ of receiving marketing material. You have a right to see the information that is held on you and you can do this by writing to me at the address given. We would like to contact you by way of letter, email, telephone call or SMS text message. If you would like to receive such marketing information please complete the permission statements contained in the Terms of Business Client Acknowledgement Letter attached. You have the right at any time to request a copy of any ‘personal data’ within the meaning of the GDPR) that our office holds about you and to have any inaccuracies in that information corrected. Please contact us at info@jcmortgages.ie if you have any queries about your personal data.

    • It is the policy of JC Mortgages Limited to avoid any conflict of interest when providing business services to its clients. However, where an unavoidable conflict may arise we will advise you of this in writing before proceeding to provide any business service. If you have not been advised on any such conflict you are entitled to assume that none arises.

    • JC Mortgages Limited will, if necessary, exercise its legal rights to receive any payments due to it, from clients for business services provided. Irish Life Assurance plc may withdraw benefits on default of payments due under any products arranged for your benefit. Details of these provisions will be included in your product Terms and Conditions.

    • Regular Reviews

    It is in your best interests that you review, on a regular basis, the products which we have arranged for you. As your circumstances change, your needs will change. You must advise us of those changes and request a review of the relevant policy so we can ensure you are provided with up to date advice and products best suited to your needs.

    • Any complaint that you may have in relation to the business services provided should be made in writing to JC Mortgages Limited outlining the nature of your complaint. All complaints will be acknowledged in writing within 5 business days of the complaint being received. The complaint will be fully investigated by JC Mortgages Limited and a full response will be provided to you as soon as possible. We will aim to provide this response not later than 40 business days from receipt of your complaint and will provide you with a regular update on the progress of the investigation of the complaint at intervals of not greater than 20 business days, starting from the date on which the complaint was made. In the event that you remain dissatisfied with the firm’s handling of and response to your complaint you are entitled to refer your complaint to the Financial Services and Pensions Ombudsman (contact details below).

    Financial Services and Pensions Ombudsman Lincoln House
    Lincoln Place Dublin 2
    Phone: 01 567 7000
    E-mail: info@fspo.ie Website: www.fspo.ie

    No consideration of adverse impacts of investment decisions on sustainability factors When providing advice, the JC Mortgages Limited does not consider the adverse impacts of investment decisions on sustainability.
    The firm will review this annually and make revisions when and if appropriate.
    For investment products, as JC Mortgages Limited has selected Irish Life as a preferred provider, analysis when choosing a suitable investment product for you will be limited to products provided by Irish Life Assurance plc, therefore JC Mortgages Limited considers the approach taken by Irish Life Assurance plc in terms of them integrating sustainability risks into their product offering,

    Investment Products/ Insurance Based Investment Products (IBIPs); Ongoing suitability assessments form part of the service to our clients. On an annual basis the firm will carry out a periodic review of suitability.

    Consumer Insurance Contracts Act 2019
    For the protection of clients, the Act imposes duties on both the client and product providers at pre
    / post contract stage, as well as in respect of claims handling.

    Cooling off Period
    Life Insurance Contracts may be cancelled by giving notice in writing to us or the product provider. This “cooling off” period allows 30 days, from the day the product provider send you your plan documents, to change your mind. Should you choose to cancel your plan, all benefits will end, and you will receive a refund for any premiums due. You will only be liable for the cost of the premium for the period of cover already received.

    A Savings/Investment contract may be cancelled within 30 days, as above. All benefits will end however, the refund value of your investment will account for any fall in the value of your investment that may have taken place during that 30-day period. You may not get back the full amount invested as the amount refunded is the value on the date of cancellation.

    The product provider may withdraw benefits on default of payments due under any products arranged for your benefit. Details of these provisions will be included in your product Terms and Conditions.

    Claims
    The product provider will handle all claims promptly and fairly.

    Any contract with a product provider is issued on the understanding that the information given on the application form and any related document is true and complete. If this is not the case the product provider has the right to cancel the contract of Insurance or refuse payment of any claim made.

    If you make a false or misleading claim in any material respect (and know it to be false or misleading or consciously disregards whether it is) the product provider is entitled to refuse to pay and to terminate the contract. Where Irish Life Assurance plc becomes aware that a client has made a fraudulent claim, they may notify the client advising that they are voiding the contract of insurance.

    The product provider may refuse all liability in respect of any claim made after the date of the fraudulent act and, is under no obligation to return any of the premiums paid under the contract. Where a product provider cancels the insurance contract, they will repay the balance of any premium due to the client and will provide the reason for cancellation.

    Any exclusions of cover will be explicitly advised prior to the commencement of the contract.
    It is expected that clients cooperate with the product provider with respect to any investigation of insured events including responding to reasonable requests for information in an honest and reasonably careful manner and must notify them of the occurrence of an insured event in a reasonable time and in accordance with the terms of the contract of insurance.
    Should a client become aware, after a claim is made, of information that would either support or prejudice the claim, they have a duty under the Act to disclose it. (the product provider is under the same duty).

    Effect of failure to comply with the Act

    A court of competent jurisdiction may reduce the amount of benefit paid to you, if you are in breach of your duties under the Act.

    • JC Mortgages Limited is a member of the investor compensation scheme run by the Investor Compensation Company Limited. The scheme provides a way of paying certain investors compensation, subject to the relevant limits, if they suffer financial loss caused by an investment firm being unable to meet its financial obligations (in other words, pay everything it owes). In the event that a right to compensation is established, the amount payable is the lesser of ninety per cent of your loss, which is recognised as being eligible for compensation, or €20,000.

    These Terms of Business are effective from 24 April 2024

    Insurance Undertakings Mortgage Lenders

    The following are a list of Insurance undertakings and product producers from which letters of appointment are held by JC Mortgages Limited.

    • Irish Life Assurance plc
    • Broker Assist- Zurich Royal London
    • Aviva

    The following are a list of lending agencies and product producers from which letters of appointment are held by JC Mortgages Limited.

    • Permanent TSB
    • Bank of Ireland
    • Dilosk
    • Brokers Ireland Network Services Ltd (which gives access to the following lenders)
    o Banco Sabadell SA
    o BNP Paribas Personal Finance
    o Finance Ireland
    o Haven Mortgages
    o Seniors