By clicking in the appropriate box on the web page you are confirming that:

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1 The FSB Workplace Pension Terms and Conditions By clicking in the appropriate box on the web page you are confirming that: you accept both parts of the Terms and Conditions as laid out below, and you have selected the FSB Workplace Pension on the basis of the information that you have been supplied with (Scheme and Service Information and the Terms & Conditions) and that you have not received any specific advice as to its suitability from IFS Employee Benefits, Legal & General or the Federation of Small Businesses, and that you understand that it is your responsibility for ensuring that you comply with your employer duties under the Pensions Act The provision of the Service does not, in any way, mitigate that responsibility. The Terms and Conditions are in two parts: Part 1 The FSB Pension Service Definitions The Act means the Pensions Act 2008 together with subsequent amendments. Client means an employer who is a member of the Federation of Small Businesses and who will be required to provide a workplace pension to their employee/s as defined under the Act. The Scheme means the FSB Workplace Pension. The Scheme, which can be used as a Qualifying Workplace Pension Scheme ( QWPS ) as defined under the Act, is provided by Legal & General. Legal & General s Terms and Conditions follow. The Service means The FSB Pension Service and comprises assistance to Clients to complete those activities required to register a QWPS under the Act. This will include access to the Scheme, together with the provision of all relevant documentation, processing and support. In addition, should a Client s situation be complex resulting in the need for bespoke financial advice, the Service will endeavour to arrange access to a suitably qualified FCA registered Independent Financial Adviser ( IFA ). In some exceptional circumstances, an alternative provider to the Scheme may be more appropriate and this will be offered following consultation with the Client. The Fee is a one-off fee for which the Service will be provided. The Fee is payable when the Client applies for the Scheme. The amount of the Fee can be found in IFS EB s document Scheme and Service Information. Where bespoke financial advice is required an additional fee will be charged by the adviser.

2 Relevant Parties means those firms and organisations that are directly or indirectly involved in the Service, other than Clients, and are listed below. 1. Relevant Parties 1.1. The Federation of Small Businesses ( FSB ) wishes to promote a service that will give access to a QWPS to enable its members to comply with the Act IFS Employee Benefits ( IFS EB ) will provide the Service and will be the principle point of contact for the Client. FSB Workplace Pensions is a trading style of IFS EB. In paying the Fee, the Client is contracting solely with IFS EB to provide the Service Legal & General. Provision of the Service will normally result in the QWPS being provided by the Scheme. 2. General Terms 2.1. All fees are based on the Service being provided under normal circumstances. IFS EB reserves the right to charge a higher fee in the event of circumstances being unusually complex or time consuming. If a higher fee is required then IFS EB will seek prior agreement from the Client before commencing work The Client will be required to provide information in order to complete their Scheme s application. If that information is incorrect, incomplete, misleading or not provided in a timely manner then IFS EB will not be responsible for any actions taken by the Pensions Regulator IFS EB will use its best endeavours to ensure that the Client is able to register the Scheme as their QWPS at their staging date, but if external circumstances cause delays that are outside of the control of IFS EB then IFS EB will not be responsible for any action taken by The Pensions Regulator Data Protection IFS EB will use any other information you supply for the administration and servicing of FSB Workplace Pension. We may disclose the Client s information to our agents and service providers for these purposes. We may also disclose the Client s information to organisations for compliance with legal and regulatory requirements With the exception of the above provisions, we will not pass on your details to any other third party without your permission IFS EB complies with its obligations under the Data Protection Act 1998 relating to the holding of personal data. Any information collected as part of the registration process which was not previously held by us will only be used by IFS EB in relation to the management of FSB Workplace Pension and for no other purpose. Information which is already held will continue to be used in accordance with the terms and conditions you agreed when you provided the information to IFS EB.

3 You have the right to request a copy of the personal data we hold on you in return for the payment of a small fee and to require us to correct any inaccuracies in the personal data. IFS EB s Data Protection Register number is ZA A Client s Scheme will be arranged in accordance with their directions. The Relevant Parties have not provided advice as to the suitability of the Scheme for the Client. Should the Client be unsure as to the Scheme s suitability to their circumstances then they should take independent financial advice. IFS EB will endeavour to effect an introduction to FSB Independent Financial Services ( FSB IFS ). If such additional advice is provided then it will be subject to an additional fee and responsibility for the advice will lie solely with FSB IFS. It should be stressed that neither the FSB, Legal & General nor IFS EB will ever provide such advice Following an application to register a Scheme being made by the Client, IFS EB will not progress the application until the Fee has been paid in full. The Fee is subject to VAT at the standard rate Should the Client wish to withdraw their Scheme s application within 30 days of paying the Fee, then a full refund of the Fee will be made within 5 working days. Thereafter no refund of the Fee will be available Should any changes to legislation occur, then IFS EB reserves the right to withdraw or amend the Service to reflect such changes. In such circumstances, no refunds of fees payable to date will be possible The Service is subject to The Pensions Regulator s reporting requirements These Terms may be reasonably amended at any time This Agreement is governed by English Law. Part 2 Legal & General s On-line Service By accepting these Terms and Conditions this agreement will form a binding contract between you as the employer/ employer representative (the user) and Legal & General. There follows the terms and conditions on which Legal & General agree to (a) the User s use of their Username and Password; (b) the User s access of Online Services; and (c) the User s placing of Electronic Instructions. These terms and conditions are referred to as the Agreement. Definitions In this Agreement the following expressions shall have the following meanings, unless inconsistent with the context: Associate Company means any subsidiary companies or undertakings of Legal & General, any holding companies of Legal &

4 General, and any subsidiary companies or undertakings of such holding companies (all as defined by section 1159 of the Companies Act 2006). Electronic Instructions means an electronically transmitted instruction relating to the Products. Equipment means the hardware, software and peripherals the User uses to access Online Services (excluding hardware, software and peripherals owned or operated by Legal & General). Joint Holder means any person who jointly holds any of the Products with the User. Legal & General means Legal & General (Portfolio Management Services) Limited and any Associate Companies making available the Products from time to time. Legal & General Website means Legal & General s Website currently found at and such other websites as may be maintained by or for Legal & General from time to time. Online Services means the facility that allows the User to perform such functions as may be set out on Legal & General websites from time to time, including the placing of Electronic Instructions, viewing the User s accounts and monitoring performance of the User s Products which include the services branded as My Account and Manage Your Account. Password means the password chosen by the User or as may be subsequently changed by the User, which in conjunction with the User s Username enables the User to access My Accounts. Products means the products and services made available to the User by Legal & General via Online Services from time to time. Terms means any documentation or instructions governing the operation and supply of Products and which may be set out on Legal & General websites from time to time. Username means the Username which has been chosen by the User or by Legal & General for the User (as may be subsequently changed by the User). When the Username is used in conjunction with their Password enables the User to access Online Services. User means the employer or employer representative who applies to use Online Services. 1. Agreement 1.1. This Agreement and the User s right to use Online Services will not come into effect until (a) Legal & General has received from the User and any relevant Joint

5 Holder notice of their acceptance of the terms of this Agreement; and (b) Legal & General has accepted such notice. The User s right will then continue until this Agreement is terminated in accordance with clause 8 below The User must notify Legal & General immediately if any of the details given to Legal & General on the registration form for Online Services change. 2. Using Online Services 2.1. The User has a Username and Password which enable the User to access Online Services. We may notify you from time to time of changes in the security information we may require for accessing Online Services The User s right to use Online Services is personal to the User and the User may not permit any other person to gain access to Online Services using the User s Username or Password. This includes a power of attorney which we will not accept as being a substitute for the User or the Joint Holder The User accepts that details of the User s holdings in or information relating to the Products will be held on a system that can be accessed via the Internet and that details of the User s holdings in or information relating to the Products can be obtained by input of the User s Password and Username Unless the User holds a Product jointly, in which case the User and Joint Holder should read clauses 2.5 and 2.6 below, the User will be treated as authorising Legal & General to act on Electronic Instructions placed by using the User s Username and Password without further written confirmation to Legal & General. This authorisation remains in force until Legal & General receives notice from the User of termination of such authorisation. Such notice will not affect the completion of Electronic Instructions which have already been placed by the User and confirmed by Legal & General pursuant to this authority The User and the Joint Holder by accepting this Agreement each expressly confirm that they understand and accept that Legal & General will act upon Electronic Instructions where a Username and Password have been entered and that Legal & General will not require any other authority from the Joint Holder to action such Electronic Instructions. The Joint Holder accepts by signing this Agreement that Legal & General will action a request of just the User without needing express authority from the Joint Holder that they consent to such Electronic Instructions as are provided by the User The User agrees that Legal & General will, pursuant to an Electronic Instruction, deduct and credit amounts to Products and other accounts held by the User, as agreed with Legal & General from time to time It is the User s responsibility to ensure all transaction details are correct before sending/ transmitting their Electronic Instructions. However, we may make further fraud prevention checks into an instruction and may refuse to act on an instruction; If we are permitted to do so under any Terms;

6 If we are not reasonably satisfied that the instruction is lawful; If we consider the Online Services has been or is likely to be misused; or For fraud prevention purposes. If we refuse to act on an instruction, we will make reasonable efforts to tell you, or make this information available to you, with reasons for the refusal (if possible) and any factual errors that led to the refusal. We will not do this where it would be unlawful to do so When Legal & General accepts the User s Electronic Instructions, Legal & General will give the User confirmation of the order as set out on Legal & General s websites. Legal & General recommends that the User keep a record of this confirmation The User should notify Legal & General immediately if (a) the User does not receive confirmation within 10 days of placing an Electronic Instruction; or (b) the User believes there is an error in the confirmation; or (c) the User believes an Electronic Instruction has been made in error Changes in technology from time to time may make the Equipment obsolete or otherwise unsuitable for accessing Online Services. The User will be solely responsible for providing, updating, or replacing any part of the Equipment and for any telecommunication and other related costs. Legal & General makes no warranty as to the suitability or otherwise of the Equipment, which is the User s sole responsibility. 3. Data Protection 3.1. Legal & General will use any other information you supply for the administration and servicing of Online Services. We may disclose the User s information to our agents and service providers for these purposes. We may also disclose the User s information to organisations for compliance with legal and regulatory requirements With the exception of the above provisions, we will not pass on your details to any other third party without your permission We may transfer your information to countries outside the European Economic Area ( EEA ) for the servicing of the Online Services provided. In such cases, contracts will be put in place to ensure that the service providers protect your information in accordance with the requirements of the Data Protection Act Legal & General complies with its obligations under the Data Protection Act 1998 relating to the holding of personal data. Any information collected as part of the registration process which was not previously held by us will only be used by Legal & General in relation to the management of Online Services and for no other purpose. Information which is already held will continue to be used in accordance with the terms and conditions you signed up to when you provided the information to Legal & General.

7 3.5. You have the right to request a copy of the personal data we hold on you in return for the payment of a small fee and to require us to correct any inaccuracies in the personal data. 4. Responsibilities 4.1. You will be responsible for all losses you may incur if you act fraudulently in the use of Online Services We will take reasonable care to ensure that any information provided to you by us is an accurate reflection of the information contained in our computer systems or, where the information is provided by a third party, accurately reflects the information received from that third party. 5. Security 5.1. You must take all reasonable precautions to keep safe and prevent fraudulent use of your Online Services Security details. These precautions include, but are not limited to all of the following: Never writing down or otherwise recording your Username and Password in a way that can be understood by someone else; Not choosing security details that may be easy to guess and keeping them safe; Taking care to ensure that no-one hears or sees your security details when you use them; Not allowing anyone else to have or use your Username or Password and not disclosing them to anyone, including the police and us, except when registering for or resetting your security details; Keeping information about your account containing personal details safe and disposing of them safely; Keep your personal computer secure by using anti-virus and anti-spyware software and a personal firewall; Never record any Password or other security details on any software which retains it automatically; and Follow all security measures recommended by the manufacturer of the device you use to access Online Services If the User becomes aware or suspects that their Username and Password may be used unlawfully or without their consent then the User must immediately notify Legal & General. The User shall not be liable for any Electronic Instruction placed using the Username and Password after receiving confirmation from Legal & General that their notification has been received At its sole discretion Legal & General may bar the use of the User s Username and Password from time to time due to security or other concerns or for general administration purposes. Legal & General will inform the User as soon as reasonably possible of such action. The User may then request a new Username and select a Password following the procedures advised by Legal & General. 6. Limitation of Liability

8 6.1. Legal & General shall use reasonable endeavours to ensure that the Online Services can be accessed at all times. However, there may be events beyond our reasonable control that mean that the Online Services or any part of it may be temporarily unavailable or restricted for administrative or other reasons. Please see clause 6.1 for a list of those circumstances Unless we agree specifically with you otherwise, we shall have no liability for: Any equipment, software or associated User documentation which any person other than us produces at any time for use, or which can be used, in connection with Online Services; Any services through which you access Online Services or through which you access Online Services which are not controlled by us. 7. Events beyond our reasonable control 7.1. There may be some circumstances that are beyond our reasonable control. These include the following: Strikes, lockouts or other industrial action; Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; Restrictions imposed by legislation, regulation, or other governmental initiative that are not as a result of our misconduct; Recession or significant economic collapse of a market, company or country; or Failure of transport networks or other external utilities (for example telecommunications networks, water or power) leading to an unavoidable disruption If an event described above occurs we ll use due care and diligence when considering how to respond and we ll make sure our response is fair and proportionate. We won t be liable or responsible for any failure or delay in performing any of our obligations described in this guide as a result of such circumstances, but: We ll use reasonable efforts to minimise any adverse impacts on you as far as reasonably possible; and We ll tell you if you re being disadvantaged, as soon as we can There may be other significant events outside our control that we re unable to anticipate. If such an event impacts our ability to perform our obligations under the terms of Online Services: We ll advise you as soon as we re reasonably able to and let you know how we intend to deal with it;

9 How quickly we re able to let you know may depend on the severity of the event. 8. Termination 8.1. The User may terminate their right to use Online Services by giving notice in writing to Legal & General which will be effective on receipt by Legal & General but this will not affect Electronic Instructions which have already been placed by the User and confirmed by Legal & General. Legal & General may terminate your right to use Online Services at its absolute discretion by giving you 60 days prior written notice at any time Legal & General may terminate your right to use Online Services at its absolute discretion by giving you notice which will be effective immediately if you are in breach of the terms of this Agreement. You may terminate your right to use the Online Services provided by giving notice in writing to Legal & General at the following address: Legal & General Group Plc Web Support Team 2nd Floor 10 Fitzalan Place Cardiff CF24 0TL 8.3. Upon receipt, your written instruction will be processed without undue delay Upon termination of this Agreement, your right to access Online Services, will cease. 9. Variation 9.1. Legal & General has the right to vary the terms of this Agreement from time to time by posting an amended version of this Agreement, which you shall be given notice of prior to accessing Online Services Legal & General may, where we consider it appropriate for you or your protection, suspend, withdraw or restrict the use of Online Services, or any part of it. We will tell you as soon as practicable if we take such action The Joint Holder may withdraw their consent to the User accessing Online Services and providing Electronic Instructions by providing Legal & General with written notice of withdrawal of consent which will be effective three days after receipt by Legal & General. The Joint Holder confirms their acknowledgement that this will not affect Electronic Instructions which have been placed by the User and confirmed by Legal & General prior to receipt of such notice. 10. Waiver The failure or delay by any party (a) to exercise or enforce any of its rights; or (b) to enforce any obligation which the other party is in breach of under this Agreement, is not a waiver of that right nor will it bar enforcement of that obligation (or any similar or other obligation) at that time or at any subsequent time. 11. Notices

10 11.1. Any notice or other document to be given under this Agreement must be in writing, and a notice or other document will be effectively given if made in any of the following ways (a) by pre-paid post; (b) by ; (c) by facsimile; and (d) in the case of Legal & General only, by posting on Legal & General websites Any notice or other document to be given under this Agreement shall be addressed as follows: (a) for notices to Legal & General: the relevant addressee and address as set out on Legal & General websites from time to time; and (b) for notices to the User: the address stated in the User s registration or as notified to Legal & General from time to time. 12. Copyright and trade marks Copyright in the pages of Online Services, in the screen displaying the pages and in the information, texts, graphics and material contained therein and their arrangement is owned by Legal & General Assurance Society Limited, unless otherwise stated All trademarks, service marks, company names or logos are the property of their respective holders and no permission is given by Legal & General in respect of the use of any such trademarks, service marks, company names or logos and such use may constitute an infringement of the holders rights Reproduction of the pages of this site in whole or in part, without the prior written consent of Legal & General, is strictly prohibited unless for private, noncommercial viewing purposes. 13. Severance If any provision in this Agreement is determined by any court, or competent administrative body to be unenforceable for any reason, that unenforceability shall not affect the rest of this Agreement. 14. Conflict In the event of a conflict between this Agreement and the Terms, this Agreement shall prevail in respect of matters specifically concerning the User s use of Online Services and in particular relating to any conditions relating to joint accounts which require both account holders to consent to withdrawals or transfers of monies In the event of a conflict between this Agreement and the rules and regulations of any self-regulatory body or other body governing the activities of Legal & General and governing the Products, then the rules and regulations of such self-regulatory body or other body shall prevail. 15. Law

11 15.1. This Agreement is governed by English Law. This website contains information on the products and services of the Legal & General group of companies only unless otherwise stated. Complying with the Act is solely the responsibility of the Client. FSB Workplace Pensions is a trading style of IFS Employee Benefits LLP, who provide administrative support to enable access to the scheme, will provide sufficient information to enable employers (who are FSB members) to make an informed decision as to the suitability of this contract. If after reading this information, the employer is still unsure as to whether this contract meets their requirements, please call FSB Workplace Pensions on The FSB Workplace Pension provider is Legal & General Assurance Society Limited. Neither Legal & General, the FSB nor FSB Workplace Pensions are responsible for any advice given. Legal & General Assurance Society Limited. Registered in England No Registered Office in the United Kingdom at One Coleman Street, London EC2R 5AA. Legal & General Assurance Society Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Legal & General s FCA Register number is IFS Employee Benefits LLP