Terms and Conditions of Business - Updated March 2021

Licensed status

Invicta Wealth Solutions Limited (“Invicta”) is a Guernsey Trust Company (registration number 35600) offering Fiduciary Services and is licensed by the Guernsey Financial Services Commission under The Regulation of Fiduciaries, Administration Businesses and Company Directors, etc. (Bailiwick of Guernsey) Law, 2000.

Terms and Conditions of Business

These Terms and Conditions will govern the basis on which we provide the Services to you and will be deemed to have been agreed by you by your acceptance of any of the Services. The provision of any Services will be made on the basis of these Terms and Conditions only, and acceptance by us of any instructions from you shall be upon such Terms and Conditions and shall override any other terms and conditions stipulated or incorporated by you in your instructions or any negotiations, unless expressly agreed in writing by us.

A copy of these Terms and Conditions shall be provided to you through your Sharefile Portal. A current copy of these Terms and Conditions will also be made available for inspection at our registered office in Guernsey during normal business hours.

In addition, a current copy of these Terms and Conditions will be made available on our website at invictawealthsolutions.com.

Invicta reserves the right from time to time to vary or modify these terms and conditions to such extent as it shall see fit and any such variation or modification published on its website shall constitute due notice of such variation or modification to all interested parties and such changes shall apply to the provision of any of the Services by the Service Provider on or after the date of the change.

  1. Definitions and Interpretation 

Definitions

In these Terms and Conditions (unless the context otherwise requires) the following words and expressions shall have the following meanings:

  1. Services and application of these Terms and Conditions
    • The supply of any Services by us to you or in respect of any Managed Entity shall be subject to these Terms and This may include circumstances where our Services are supplied to a Managed Entity (eg where we act as the director of a corporate Managed Entity) and these Terms and Conditions set out the basis on which such Services are supplied.
    • To the extent that there is any contradiction between these Terms and Conditions and any terms of any other agreement or written or oral arrangement (including but not limited to any Company Management Agreement or Client Services Agreement), these Terms and Conditions shall
  2. Costs, Fees and Disbursements
    • Fees
      • We believe that fees for the Services should be fair and reasonable having regard to all the circumstances of the case. Unless a Fixed Fee Schedule is in place, the fees shall be as set out in the Scale of Fees. The circumstances which may

               affect the level of fees include the following, the:

Managed Entity by giving you thirty (30) days’ notice in advance of the revised charges applying.

  1. Clients’ Monies
    • As a general rule we will assist all Managed Entities in setting up their own bank accounts over which we will have control of day to day
    • Until such time as an account is opened for a Managed Entity in accordance with Clause 4.1 above, any sum paid to Invicta in connection with that Managed Entity may be held in an Invicta Client
    • Unless agreed otherwise, we expect the balance of such account to be a minimum of £5,000, and should the balance fall below that amount, you agree as soon as reasonably practicable following a request from us, to pay to such account an amount equal to the
    • In accordance with and at such times as may be specified in Invicta’s cash management policy, interest accumulated in Invicta’s client account will be allocated to money held on your or a Managed Entity’s behalf in that or any other account to the extent that the interest is in our opinion attributable to such
    • We accept no liability as to the performance of whichever bank holds the clients’ funds including but not limited to a Invicta Client Account (including, for the avoidance of doubt, any failure of the bank to honour any request to make payments or withdraw sums from the relevant account for any reason).
  2. Extent of Invicta Services
  1. Client Obligations
  1. Invicta Authorisation to Act
  1. Proper Communication
  1. Complaints Procedure

In writing: Invicta Wealth Solutions, Connaught House, St Julian’s Avenue, St Peter Port, Guernsey, Channel Islands, GY1 1GZ

By phone: +44 (0) 01481 713667

By email: enquiries@invictawealthsolutions.com

https://www.gfsc.gg/consumers/complaints/how-make-complaint.

  1. Termination
  1. Non-Exclusivity
  1. Conflicts of Interest
  1. Indemnity
  1. Communication

you shall be deemed to be in receipt of such document or file and be aware of the content of such document or file.

  1. Storage of Client Documents
  1. Copyright
  1. Data Protection
  1. Disclosure
  1. Client acceptance and Client Due Diligence
  1. Taxation
  1. Legal or Regulatory Issues
  1. Force Majeure
    • Neither Invicta nor any Associated Company or Employee or Service Provider shall have any liability for any failure or delay in the performance of any obligations hereunder or the provision of the Services or for loss or damage of whatever kind and wherever occurring resulting from factors over which it has no control including, but without limitation, acts of God, acts of civil or military authority or governmental acts, earthquakes, fires, storms, tempests, floods, terrorist acts, wars, civil or military disturbances, sabotage, epidemics, riots, accidents, labour disputes, strikes, industrial action, loss or malfunction of utilities, computers (hardware or software) or communication services, errors, omissions, distortions, interruptions and/or delays in transmissions or delivery of post or communications in any medium or format howsoever caused or for loss or damage of whatever kind and wherever occurring outside of its
  2. Partial Invalidity
    • If, at any time, any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of these Terms and Conditions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired by
  3. Joint and Several Liability
    • Where the Client comprises more than one person:
      • each such person hereby appoints the other such person(s) to act as his agent to exercise full power and authority in connection with the Services on his behalf; and
      • the obligations of the Client in connection with the transaction shall be joint and
  1. Commissions etc.
    • Generally, neither Invicta or any Associated Company or Service Provider receives or retains for its own use any retrocessions, commissions, payments, benefit or
    • In exceptional circumstances, we may receive and retain underlying trail fees in lieu of charges for services. Where this is the case, the basis of the fee calculation and the monetary amount will be advised
  2. Intellectual Property
    • Subject to our Privacy Policy and any proprietary or other rights by virtue of any regulatory requirements or laws that a Managed Entity may have regarding information or data supplied to Invicta or Associated Company or a Service Provider in connection with the performance of Services, all correspondence, files and other records and all information and data held by Invicta or Associated Company or Service Provider on any computer system is the sole property of Invicta for its sole use and neither the Managed Entity nor any client will have the right of access or control in relation to the
  3. Third party rights
    • Except as expressly provided including but not limited to as set out in Clause 3.5.6, these Terms and Conditions will not create or give rise to any rights to any third party and no third party shall have the right to enforce or rely on any provision of these Terms and
  4. Professional Advice
    • For the avoidance of doubt, the Terms and Conditions of Business set out herein do not in any way constitute any professional advice (such as legal, investment or tax advice) and Invicta and each Service Provider is not and will not provide any such advice under any The client should seek their own independent professional advice.
  5. Jurisdiction
    • These Terms and Conditions shall be governed by and construed in accordance with the laws of the Island of Guernsey and the courts of the Island of Guernsey shall have non-exclusive jurisdiction regarding any dispute arising in respect thereof.