Best in class cloud security

Terms and Conditions

Background


The Supplier is the entire legal and beneficial owner and licensor of the 1fs Wealth Platform and is willing to disclose these terms and conditions to the Customer to use these products in order to access the 1fs Wealth Platform as defined below.

Agreed Terms


  1. Definitions

    1. The definitions and rules of interpretation in this clause apply in this Agreement.
      1. 1fs Wealth Platform — means the online platform to which the Supplier shall provide access to the Customer (and all Users) through sources including mobile applications, electronic platforms, API, and the website located at http://secure.firstwealth.co (and any other associated website hosted by the Supplier);
      2. Access Information — means the information to be provided by the Supplier to the Customer to enable the Customer, and all Users, to access the 1fs Wealth Platform in accordance with the terms of this Agreement, including:
        1. (a) a username for the Customer’s, and each of the Users’, profiles on the 1fs Wealth Platform;
        2. (b) a password for the Customer’s, and each of the Users’, profiles on the 1fs Wealth Platform;
        3. (c) a URL to allow the Customer (including all Users) to visit and access the 1fs Wealth Platform;
      3. Acceptance Date — the date on which the Customer is deemed to have accepted its access to the 1fs Wealth Platform under clause 2.6;
      4. Affiliate — means in relation to either party, each and any subsidiary or holding company of that party and each and any subsidiary of a holding company of that party and any business entity from time to time controlling, controlled by, or under common control with, either party;
      5. Applicable Laws — means any laws, regulations, regulatory policies, obligations, guidelines or rules (including codes of principles contained in such rules), applicable to the existence or operation of this Agreement or the provision of the 1fs Wealth Platform, or the Supplier, from time to time;
      6. Business Day — a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;
      7. Close Relation — means the parents, siblings and children of the Principals;
      8. Extended Period — has the meaning given to it in clause 3.2;
      9. Initial Period — has the meaning given to it in clause 3.2;
      10. Intellectual Property Rights — patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world;
      11. Licence Period — has the meaning given to it in clause 3.2;
      12. Principals — means the shareholders of the Customer;
      13. Representation — has the meaning given to it in clause 13.2;
      14. Restrictive Open Source Code — has the meaning given to it in clause 5.2(d);
      15. Third-Party Software — any software programs which are licensed by the Supplier from third party providers, including under any form of open-source licence meeting the Open Source Initiative's open source definition from time to time;
      16. Vulnerability — a weakness in the computational logic (for example, code) found in software and hardware components that, when exploited, results in a negative impact to confidentiality, integrity, or availability, and the term Vulnerabilities shall be construed accordingly;
      17. Warranty Period — has the meaning given to it in clause 5.2(b); and
      18. User — means each person granted access to the Platform pursuant to this Agreement as notified by the Customer to the Supplier from time to time, including Principals and Close Relations of Principals.
    2. Holding company and subsidiary mean a "holding company" and "subsidiary" as defined in section 1159 of the Companies Act 2006 and a company shall be treated, for the purposes only of the membership requirement contained in subsections 1159(1)(b) and (c), as a member of another company even if its shares in that other company are registered in the name of (a) another person (or its nominee), whether by way of security or in connection with the taking of security, or (b) its nominee. In the case of a limited liability partnership which is a subsidiary of a company or another limited liability partnership, section 1159 of the Companies Act 2006 shall be amended so that: (a) references in sub sections 1159(1)(a) and (c) to voting rights are to the members' rights to vote on all or substantially all matters which are decided by a vote of the members of the limited liability partnership; and (b) the reference in section 1159(1)(b) to the right to appoint or remove a majority of its board of directors is to the right to appoint or remove members holding a majority of the voting rights.
    3. Clause, Schedule and paragraph headings shall not affect the interpretation of this Agreement.
    4. Unless the context otherwise requires:
      1. (a) towords in the singular shall include the plural and in the plural shall include the singular;
      2. (b) a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time;
      3. (c) a reference to one gender shall include a reference to the other genders;
      4. (d) any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
    5. In the case of conflict or ambiguity between any provision contained in the body of this Agreement and any provision contained in the schedules, the provision in the body of this Agreement shall take precedence.
    6. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's personal representatives, successors and permitted assigns.
    7. References to clauses and Schedules are to the clauses and Schedules of this Agreement and references to paragraphs are to paragraphs of the relevant Schedule.
    8. The Schedules form part of this Agreement and shall have effect as if set out in full in the body of this Agreement. Any reference to this Agreement includes the Schedules.

  2. Acceptance

    1. The Supplier shall provide the Access Information to the Customer, and all Users, at the email address for the Customer and any applicable User (as provided by the Customer) within 30 days of signature of this Agreement.
    2. Time shall be of the essence regarding the delivery date in clause 2.1.
    3. Within 5 Business Days of receipt of the Access Information, the Customer shall attempt to access the 1fs Wealth Platform by using the Access Information and shall confirm to the Supplier in writing whether it is able to successfully access the 1fs Wealth Platform using the Access Information.
    4. If the Customer notifies the Supplier in accordance with clause 2.3 that it is not able to access the 1fs Wealth Platform using the Access Information, the Supplier shall immediately correct any errors in the Access Information and provide the Customer with such amended Access Information as is required to provide the Customer with access to the 1fs Wealth Platform.
    5. If the Supplier is unable to provide the Customer with amended Access Information under clause 2.4 which successfully provides the Customer with access to the 1fs Wealth Platform within 7 days of the date on which the original Access Information was provided under clause 2.1, the Customer may at its discretion serve written notice of its wish to terminate this Agreement, or require the Supplier to repeat the actions described in clause 2.4 as often as the Customer wishes. If a written notice of the Customer’s wish to terminate this Agreement is so provided, the Supplier shall, within seven days of receipt of that notice, refund all monies paid by the Customer under this Agreement, and on receipt of that refund this Agreement shall terminate. If subsequent attempts to repeat the actions described in clause 2.4 continue to fail, the Customer shall continue to have the same rights as described above until the date on which the Supplier reasonably determines that further attempts to repeat those actions will not be successful within a reasonable period, whereupon the Customer shall serve the above notice of its intention to terminate and the Supplier shall refund all monies paid by the Customer.
    6. The Customer shall be deemed to have accepted that it has been provided with valid access to the 1fs Wealth Platform on the date that it provides written confirmation in accordance with clause 2.3 in which it confirms that it is able to successfully access the 1fs Wealth Platform using the Access Information (“Acceptance Date”).
    7. For a period of 90 days commencing on the Acceptance Date, the Customer may serve a notice of its wish to terminate this Agreement if the 1fs Wealth Platform does not perform to the Customer's satisfaction. If the Customer does so, the Supplier shall immediately refund all monies paid by the Customer under this Agreement and, on receipt of that refund, this Agreement shall terminate.

  3. Licence

    1. In consideration of the Fee paid by the Customer to the Supplier, the Supplier grants to the Customer a non-exclusive licence for the Licence Period to use the 1fs Wealth Platform.
    2. The licence granted under clause 3.1 shall commence on the Acceptance Date and shall continue for an initial period of 12 months (“Initial Period”) and shall automatically continue for further 12 month periods from each anniversary thereafter (each an “Extension Period”) unless otherwise terminated prior to any such renewal date in accordance with the terms of this Agreement (together, the “Licence Period”).
    3. In relation to scope of use:
      1. (a) use of and access to the 1fs Wealth Platform shall be restricted to use for the purpose of processing the Customer's data for the lawful purposes of the Customer (which shall not include allowing the access to or use of the 1fs Wealth Platform by, or for the benefit of, any person other than the Customer, the employees of the Customer, the Close Relations of the Principals of the Customer, the Users and any other persons duly authorised by such persons and having a legitimate need for such access);
      2. (b) the Customer may not access or use the 1fs Wealth Platform other than as specified in clause 1.4.2(a) without the prior written consent of the Supplier (such consent not to be unreasonably withheld or delayed), and the Customer acknowledges that additional fees may be payable on any change of use approved by the Supplier;
      3. (c) except as expressly stated in this clause 3, the Customer has no right (and shall not permit any third party) to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the 1fs Wealth Platform in whole or in part except to the extent that any reduction of the 1fs Wealth Platform to human readable form (whether by reverse engineering, decompilation or disassembly) is necessary for the purposes of integrating the operation of the 1fs Wealth Platform with the operation of other software or systems used by the Customer, unless the Supplier is prepared to carry out such action at a reasonable commercial fee or has provided the information necessary to achieve such integration within a reasonable period, and the Customer shall request the Supplier to carry out such action or to provide such information (and shall meet the Supplier's reasonable costs in providing that information) before undertaking any such reduction; and
      4. (d) the Third-Party Software shall be deemed to be incorporated within the 1fs Wealth Platform for the purposes of this Agreement.
    4. The Customer may not use any information provided by the Supplier or obtained by the Customer during any such reduction permitted under clause 3.3(c) to create any software whose expression is substantially similar to that of the 1fs Wealth Platform nor use such information in any manner which would be restricted by any copyright subsisting in it.
    5. Neither party shall:
      1. (a) sub-license, assign or novate the benefit or burden of this Agreement in whole or in part;
      2. (b) deal in any other manner with any or all of its rights and obligations under this Agreement, without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed.
    6. The Customer shall use reasonable endeavours to:
      1. (a) ensure that the persons using and provided access to the 1fs Wealth Platform are restricted to the Customer, the employees of the Customer, the Close Relations of the Principals of the Customer, and any other persons duly authorised by such persons and having a legitimate need for such access:
        1. (i) keep a complete and accurate record of the Customer’s copying and disclosure of the 1fs Wealth Platform and its users, and produce such record to the Supplier on request from time to time;
        2. (ii) notify the Supplier as soon as reasonably practicable after it becomes aware of any unauthorized use of or access to the 1fs Wealth Platform by any person.

  4. Supplier’s warranties

    1. The Supplier acknowledges that the Customer has entered into this licence in reliance upon the Supplier's expertise in selecting and supplying software fit to meet the Customer's business requirements.
    2. The Supplier warrants that:
      1. (a) it has the right to enter into this Agreement and to grant to the Customer a licence or sub-licence to use the 1fs Wealth Platform as contemplated by this Agreement;
      2. (b) the 1fs Wealth Platform will conform in all material respects to best industry standards and will be free from defects for a period of 12 months from the Acceptance Date (“Warranty Period”);
      3. (c) the 1fs Wealth Platform is free from Vulnerabilities, viruses and other malicious code;
      4. (d) it has not included or used any software licensed under the General Public Licence or any similar licence containing a "copyleft" requirement (“Restrictive Open Source Code”) in, or in the development of, the 1fs Wealth Platform, nor does the 1fs Wealth Platform operate in such a way that it is compiled with or linked to any Restrictive Open Source Code. Without prejudice to the foregoing, no open-source software (meeting the Open Source Initiative's open source definition from time to time) has been included or used in, or in the development of, any element of the 1fs Wealth Platform in contravention of its applicable licence terms and no third party is asserting, or has in the last three years asserted, any such contravention.
    3. If, within the Warranty Period, or as soon as reasonably practicable thereafter, the Customer notifies the Supplier of any defect or fault in the 1fs Wealth Platform in consequence of which it fails to conform to any of the warranties in clause 5.2, the Supplier shall, at the Supplier's option, promptly repair or replace the 1fs Wealth Platform.
    4. In performing its obligations under this Agreement, the Supplier shall comply with all Applicable Laws, and the Supplier will inform the Customer as soon as it becomes aware of any changes in Applicable Laws.

  5. Confidentiality and publicity

    1. Each party shall, during the term of this Agreement and thereafter, keep confidential all, and shall not use for its own purposes (other than implementation of this Agreement) nor without the prior written consent of the other disclose to any third party (except its professional advisors or as may be required by any law or any legal or regulatory authority) any, information of a confidential nature (including trade secrets and information of commercial value) which may become known to such party from the other party and which relates to the other party or any of its Affiliates, unless that information is public knowledge or already known to such party at the time of disclosure, or subsequently becomes public knowledge other than by breach of this Agreement, or subsequently comes lawfully into the possession of such party from a third party. Each party shall use its reasonable endeavours to prevent the unauthorised disclosure of any such information.
    2. No party shall make, or permit any person to make, any public announcement concerning this Agreement without the prior written consent of the other parties (such consent not to be unreasonably withheld or delayed), except as required by law, any governmental or regulatory authority (including, without limitation, any relevant securities exchange), any court or other authority of competent jurisdiction.

  6. Limits of liability

    1. Subject to clause 7.4, neither party shall in any circumstances have any liability for any losses or damages which may be suffered by the other or any Affiliate of the other (or any person claiming under or through the same), whether the same are suffered directly or indirectly or are immediate or consequential, which fall within any of the following categories:
      1. (a) special damage even though that party was aware of the circumstances in which such special damage could arise;
      2. (b) loss of profits;
      3. (c) loss of anticipated savings;
      4. (d) loss of business opportunity and management time;
      5. (e) loss of goodwill, provided that this clause 7.1 shall not prevent claims for direct financial loss that are not excluded by any of categories (a) to (e) inclusive of this clause 7.1.
    2. Subject to clause 7.4 and except for any liability arising under clause 6 or clause 8 (any such liability being unlimited), the total liability of the Supplier, whether in contract, tort (including negligence) or otherwise, and whether in connection with this licence or any collateral contract, shall in no circumstances exceed a sum equal to 300% of the Fee paid in the 12 months prior to the claim arising.
    3. Subject to clause 7.4, the total liability of the Customer, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed a sum equal to 50% of the Fee paid in the 12 months prior to the claim arising.
    4. The exclusions in this clause 7 shall apply to the fullest extent permissible at law but neither party excludes any liability for death or personal injury caused by its negligence, or the negligence of its employees or agents, or for fraud or fraudulent misrepresentation or the deliberate default or wilful misconduct of that party, its employees or agents or subcontractors.

  7. Intellectual property rights indemnity

    1. The Customer acknowledges that all Intellectual Property Rights in the 1fs Wealth Platform belong and shall belong to the Supplier or the relevant third-party owners (as the case may be).
    2. The Supplier undertakes at its own expense to defend the Customer from and against or, at its option, settle any claim or action brought against the Customer alleging that the access or use of the 1fs Wealth Platform (or any part thereof) infringes the Intellectual Property Rights of a third party (“Claim”) and shall fully indemnify and hold harmless the Customer from and against any losses, damages, costs (including all legal fees) and expenses incurred by or awarded against the Customer as a result of or in connection with any such Claim. For the avoidance of doubt, clause 9.2 shall not apply where the Claim in question is attributable to possession or use of the 1fs Wealth Platform (or any part thereof) by the Customer other than in accordance with the terms of this Agreement.
    3. If any third party makes a Claim, or notifies an intention to make a Claim against the Customer, the Customer shall:
      1. (a) as soon as reasonably practicable, giving written notice of the Claim to the Supplier, specifying the nature of the Claim in reasonable detail;
      2. (b) not making any admission of liability, agreement or compromise in relation to the Claim without the prior written consent of the Supplier (such consent not to be unreasonably conditioned, withheld or delayed);
      3. (c) give the Supplier and its professional advisers access at reasonable times (on reasonable prior notice) to its premises and its officers, directors, employees, agents, representatives or advisers, and to any relevant assets, accounts, documents and records within the power or control of the Customer, so as to enable the Supplier and its professional advisers to examine them and to take copies (at the Supplier's expense) for the purpose of assessing the Claim; and
      4. (d) subject to the Supplier providing security to the Customer to the Customer's reasonable satisfaction against any claim, liability, costs, expenses, damages or losses which may be incurred, taking such action as the Supplier may reasonably request to avoid, dispute, compromise or defend the Claim.
    4. Without prejudice to clause 8.2, if any Claim is made, or in the Supplier's reasonable opinion is likely to be made, against the Customer, the Supplier may at its sole option and expense:
      1. (a) procure for the Customer the right to continue to access and use the 1fs Wealth Platform (or any part thereof) in accordance with the terms of this Agreement;
      2. (b) modify the 1fs Wealth Platform so that it ceases to be infringing;
      3. (c) terminate this Agreement immediately by notice in writing to the Customer and refund any of the Fee paid by the Customer as at the date of termination (less a reasonable sum in respect of the Customer's use of the 1fs Wealth Platform to the date of termination);
      4. (d) or provided that if the Supplier modifies or replaces the 1fs Wealth Platform, the modified or replacement 1fs Wealth Platform must comply with the warranties contained in clause 5.2 and the Customer shall have the same rights in respect thereof as it would have had under those clauses had the references to the date of this licence been references to the date on which such modification or replacement was made.

  8. Account Information Services(AIS)


    1fs Wealth is an agent of Plaid Financial Ltd., an authorised payment institution regulated by the Financial Conduct Authority under the Payment Services Regulations 2017 (Firm Reference Number: 804718). Plaid provides you with regulated account information services through 1fs Wealth as its agent.

  9. Termination

    1. Without affecting any other right or remedy available to it, either party may terminate this Agreement on giving not less than 30 days’ written notice expiring on or prior to the end of the Initial Period or any Extended Period.
    2. Without affecting any other right or remedy available to it, either party may terminate this Agreement with immediate effect by giving written notice to the other party if:
      1. (a) the other party commits a material breach of any term of this Agreement and (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
      2. (b) the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;
      3. (c) the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
      4. (d) the other party applies to court for, or obtains, a moratorium under Part A1 of the Insolvency Act 1986;
      5. (e) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
      6. (f) an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the other party (being a company, partnership or limited liability partnership);
      7. (g) the holder of a qualifying floating charge over the assets of that other party (being a company or limited liability partnership) has become entitled to appoint or has appointed an administrative receiver;
      8. (h) a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;
      9. (i) a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the other party's assets and such attachment or process is not discharged within 14 days;
      10. (j) any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 10.2(a) to clause 10.2(i) (inclusive);
      11. (k) the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business;
      12. (l) the other party's financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of this Agreement is in jeopardy.
    3. Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this Agreement shall remain in full force and effect.
    4. Termination or expiry of this Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of this Agreement which existed at or before the date of termination or expiry.
    5. On termination for any reason:
      1. (a) all rights granted to the Customer under this Agreement and access to the 1fs Wealth Platform shall cease;
      2. (b) the Customer shall cease all activities authorised by this Agreement;
      3. (c) the Customer shall immediately pay to the Supplier any undisputed sums due to the Supplier under this Agreement.

  10. Waiver


    No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

  11. Remedies


    Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

  12. Entire agreement

    1. This Agreement, the schedules and any other documents or information expressly referred to herein contain the whole agreement between the parties relating to the subject matter hereof and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.
    2. Each party acknowledges that, in entering into this Agreement and any documents referred to in it or annexed to it, it does not rely on any statement, representation, assurance or warranty (whether it was made negligently or innocently) of any person (whether a party to this Agreement or not) (“Representation”) other than as expressly set out in this Agreement or those documents.
    3. Each party agrees that the only rights and remedies available to it arising out of or in connection with a Representation shall be for breach of contract as expressly provided in this Agreement.
    4. Nothing in this clause shall limit or exclude any liability for fraud.

  13. Variation


    No variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
  14. Severance

    1. If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.
    2. If any provision or part-provision of this Agreement is deemed deleted under clause 15.1 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

  15. Counterparts


    This agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.

  16. Third-party rights

    1. The Customer and any of its Affiliates may enforce the terms of this Agreement to the fullest extent permitted by law as if they were a party to this Agreement, subject to and in accordance with this clause 17.1 and the Contracts (Rights of Third Parties) Act 1999.
    2. Except as provided in clause 17.1, a person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement, but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
    3. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this Agreement is not subject to the consent of any person that is not a party to this Agreement.

  17. No partnership or agency

    1. Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
    2. Each party confirms it is acting on its own behalf and not for the benefit of any other person save as otherwise provided herein.

  18. Force majeure


    Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed and the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for in excess of one (1) month, the party not affected may terminate this Agreement by giving not less than 10 days' written notice to the affected party.

  19. Notices

    1. Any notice given to a party under or in connection with this contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case).
    2. Any notice shall be deemed to have been received:
      1. (a) if delivered by hand, at the time the notice is left at the proper address;
      2. (b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting.
    3. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution. For the purposes of this clause, "writing" shall include e-mail.

  20. Governing law and jurisdiction

    1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
    2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

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