Terms of Business Statement

These Terms of Business set out the basis on which Brian Cleary and Associates Ltd, (The Firm), with registered office at 29 Lower Salthill Galway, will provide business services to you as a client of the Firm. They also contain details of our regulatory and statutory obligations and the respective duty of both the firm and you in relation to such services. We are committed to providing a professional service in the best interest of you, our client. Please read these carefully and if you have any queries, we will be happy to oblige. These terms apply from Autumn 2024 and if any material change is made to these, we will notify you.

Brian Cleary & Associates Limited Registered Office at 29 Lower Salthill, Galway,

Tel: 091 525803 Mob: 086 2587074 Email: info@brianlceary.ie Website: www.briancleary.ie

The Firm is regulated by the Central Bank of Ireland (Reg No. C45432) under: EU Insurance Distribution Regulations 2018; The Consumer Protection Code 2012 as amended; Fitness & Probity Code; The Minimum Competency Code 2011; Consumer Insurance Contracts Act 2019. Details are available on the Central Bank site on www.centralbank.ie

The Firm is required to comply with the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 & subsequent Directives (AMLDR4/6) up to EU 2018/1673 and are required to seek information from clients to comply with the provisions of the legislation.

The Firm offers Loss Assessing administration and consultancy services. We are totally independent from any insurer or their Loss Adjusting service providers, acting solely for you the client.

It is our policy to avoid any conflict of interest when providing business services to our clients. However, if an unavoidable conflict of interest arises we will advise you of this in writing before proceeding to provide any business service.

Brian Cleary & Associates Limited shall ensure that we:

  • Act honestly and fairly in conduction our business activities in the best interest of our clients and the integrity of the market.
  • Act with due skill care and diligence in the best interests of our clients.
  • Have and employ effectively the resources that are necessary for the proper performance of our business activities.
  •  Make an adequate disclosure of relevant material information in our dealings with our clients.
  •  Comply with the letter & spirit of all regulatory requirements applicable to the conduct of our business activities so as to promote the best interests of our clients & the integrity of the market.

The Firm is remunerated by a professional fee for the work, activity and time spent in providing the best terms, advice and service for your specific needs. Our charges are based on a percentage of the settlement achieved and are agreed with you at the outset of our involvement. We do not charge for the initial consultation.

We reserve the right to amend fees should the complexity of the service require a higher fee. We will confirm and agree this fee with you prior to any increased charge being applied. Please note Assessors’ fees are not normally recoverable under your insurance policy.

In the event of a subsequent default in any payment due to us, the Firm will, if necessary, exercise its legal rights to receive any payments due to it from clients for business services provided by it.

Brian Cleary and Associates Ltd. is a member of the Investor Compensation Scheme. This provides certain remedies to eligible clients on default by the firm. The main details of the operation and conditions of the scheme are available at http://www.investorcompensation.ie. Your legal rights against the Firm are not affected by this scheme.

The Firm has a complaints policy in line with the Consumer Protection Code 2012. Complaints should be sent to Brian Cleary, Managing Director, Brian Cleary and Associates Ltd 29 Lower Salthill Galway. Each complaint will be acknowledged in 5 working days; updates will be advised at intervals of not more than 20 working days and we will endeavour to resolve the claim within 40 working days. Our findings will be provided within 5 working days of completion. If you are not satisfied you have the right to contact the Financial Services Ombudsman Bureau, 3rd Floor, Lincoln House, Lincoln Place, Dublin 2.

Brian Cleary and Associates Ltd. complies with the requirements of the General Data Protection Regulation 2018 and Irish Data Protection Acts. We are 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 purposes for which it was given and as outlined in our Data Privacy Policy. Please contact us at info@briancleary.ie if you have any concerns about your personal data.

Brian Cleary & Associates Ltd holds professional indemnity Insurance in accordance with the Central Bank of Irelands’ requirements.

Our terms of business shall be governed by and construed in all respects according to the laws of the Republic of Ireland.

These Terms of Business are valid from October 2024 until further notice.