Term of Business

David Kelleher Financial Services trading as David Kelleher – Terms of Business Effective from 10/04/2026

These Terms of Business set out the general terms under which our firm will provide business services to you and the respective duties and responsibilities of both the firm and you in relation to such services. Please ensure that you read these terms thoroughly. 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.

1 Authorisation with the Central Bank of Ireland

David Kelleher Financial Services (DKFS) trading as David Kelleher (C36574) is regulated by the Central Bank of Ireland as an insurance intermediary registered under the European Union (Insurance Distribution) Regulations 2018 and as an Investment Intermediary authorised under the Investment Intermediaries 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 on 1890 777 777 or visit www.centralbank.ie to verify our credentials.

2 Codes of Conduct

DKFS is 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.

3 Our Services

DKFS is a member of Brokers Ireland. Our principal business is to provide advice and arrange transactions on behalf of clients in relation to protection, pensions, and savings/investment products. A full list of insurers and product producers with which we deal is available on request.

4 Fair and Personal Analysis

We provide services on the basis of fair and personal analysis. This describes the extent of the choice of products and providers offered. The number of providers considered is sufficiently large to enable us to recommend a product that is adequate to meet your needs, taking into account the accessibility of information and the quality of service provided by the provider.

5 Investment & Insurance-Based Investment Products

Remuneration: We are remunerated by commission for our investment intermediary services and for the advice we provide on insurance-based investment products.
Assistance: We will provide assistance to you for any queries you may have in relation to policies or in the event of a claim. We will explain various restrictions, conditions, and exclusions.
Client Responsibility: It is your responsibility to read policy documents and brochures to ensure you understand the nature of the cover, particularly regarding PHI and serious illness policies

6 Sustainability Factors (SFDR)

In accordance with the Sustainable Finance Disclosure Regulation (‘SFDR’), we inform you that when providing advice on insurance-based investment products/Investments, we do not currently assess sustainability risks or "Principal Adverse Impacts" on sustainability factors. This is due to the limited number of relevant products currently available that meet these criteria. We will review this position as the issue progresses

7 STATEMENT OF CHARGES & REMUNERATION

We may earn our remuneration on the basis of fee, commission, or a combination of both. A summary of all commission arrangements is available at www.davidkelleher.ie

7.1 Consultation Fees

Our current standard consultation fees are set out below

Please note the consults previosuly know as Public Sector Review are now called Existing Avc Review / Second Opinion Audit

7.2 Complex Cases & Commission Offset

Additional fees may be payable for complex cases or to reflect specialist skills or urgency(ranging from €200 to €500 per hour).

We will notify you in writing in advance. If we receive commission from a provider, this may be offset against the fee charged.

7.3 Clawback

If commission is clawed back by a provider due to early cancellation, early encashment, or transfer resulting from your actions or omissions, we will charge a fee to you that is equal to 100% of the clawed-back commission.

8 REGULAR REVIEWS & SUITABILITY

8.1 Client Responsibility: It is in your best interests to review the products we have arranged for you on a regular basis. As your circumstances change (e.g., changes in income, marital status, or new dependents), your financial needs will change.
8.2 Our Proactive Approach: As part of our commitment to high-quality service, we endeavour to contact our clients periodically to offer review meetings. However, please note that our standard services do not include a formal "ongoing suitability assessment" contract. This means that while we try to assist with regular check-ins, we do not proactively monitor the continued suitability of your products on a daily or market-contingent basis.
8.3 Triggering a Formal Review: The ultimate responsibility for ensuring a product remainssuitable for your unique circumstances rests with you. We strongly encourage you to contact us immediately if you experience any change in your circumstances so that we can provide up-to-date, personal advice.
8.4 General InformationAny general information we send you (such as monthly market updates or newsletters) is for information purposes only. These communications are intended to keep you informed of general trends and do not constitute a personal recommendation or a suitability assessment of your specific portfolio

9 Default, Conflicts of Interest, & Client Monies Default:

We will exercise legal rights to receive payments due. Product producers may withdraw cover in the event of default on payments.

Conflicts: We aim to avoid conflicts of interest. If one arises, we will advise you in writing.
Client Monies: Cheques must be made payable to the Product Provider. We are not authorised to accept cash.

10 Complaints & Data Protection

Complaints: We will acknowledge your complaint within 5 business days. If dissatisfied, you may refer to the Financial Services and Pensions Ombudsman (FSPO). Data Protection: We comply with GDPR and the Data Protection Act 2018. Your data is held to arrange transactions as outlined in our Privacy Notice at www.davidkelleher.ie/privacy

11 STATUTORY DUTIES UNDER THE CONSUMER INSURANCE CONTRACTS ACT 2019

Duty of Disclosure You are required to answer all questions honestly and with reasonable care. Failure to do so may result in the insurer voiding the contract. It is essential that you bring to our attention any material alteration in risk such as changes of address or use of premises.
Cancellation of a Contract of Insurance If you have taken out a life insurance contract, you may cancel the contract by giving notice in writing to us. This releases you from any further obligation. The insurer cannot impose any costs other than the cost of the premium for the period of cover. This right does not apply to contracts with a duration of six months or less.

Post-Contract Stage and Claims

Material Change: Any clause referring to a “material change” will be interpreted as a change that takes the risk outside what was reasonably contemplated at the start of the contract.
Cooperation: You must cooperate with investigations, respond honestly, and notify the insurer of a claim within a reasonable time.
Disclosure: If you become aware after a claim is made of information that would support or prejudice the claim, you are under a duty to disclose it.
Fraudulent Claims: If you make a false or misleading claim, the insurer is entitled to refuse to pay and terminate the contract. They may void the contract from the date of the fraudulent act and are under no obligation to return premiums

12 COMPENSATION SCHEMES

Investor Compensation Scheme: We are members of the ICCL. Compensation may be payable where money or investment instruments cannot be returned. Eligible investors may be entitled to 90% of the loss, up to a maximum of €20,000.
Brokers Ireland Compensation Fund: We are members of this fund. Liabilities up to €100,000 per client may be discharged if the member firm is unable to do so and the ICCL has failed to adequately compensate the client.

13 GOVERNING LAW AND BUSINESS SUCCESSION

These Terms of Business shall be governed by the laws of the Republic of Ireland and will be deemed to cover any successors in business to David Kelleher Financial Services.

David Kelleher Financial Services