Individual Savings Account (ISA) Terms and Conditions

Definitions

In this document and accompanying schedule, certain words and phrases have specific meanings. These meanings are given here:

"Fund" means each separately identifiable account maintained by us.

"Fund Switch" means the cancellation of units in one fund and their allocation instead to an alternative Fund or Funds. The Unit Account Value on the effective day of the fund switch will be the same before and after the fund switch.

"Individual Savings Account (ISA)" means a scheme of investment that satisfies the conditions prescribed in and is operated in accordance with the ISA Regulations.For the purposes of this plan, only a stocks and shares ISA is available.

"ISA Regulations" mean the Individual Savings Account Regulations (1998) as amended or re-enacted from time to time.

"Plan" means the Forester Life Individual Savings Account that you have applied for and which is evidenced by this document and the Schedule.

"Schedule" means the personal information relating to the Plan.

"Stakeholder" means an account which meets the Government’s requirements for a stakeholder account as set out in the Stakeholder Regulations. For the purposes of this Plan, only an insurance policy is available.

"Stakeholder Regulations" means the Stakeholder Products Regulations 2004 as amended or re-enacted from time to time.

"Start Date" means the date specified in the Schedule.

"Subscription" means an amount in the currency of England to be applied to your Plan from your own resources.

"Unit Account" on a given date means the units of the Funds that remain allocated to the Plan at the end of the previous day. Any units cancelled before that time for any reason described in this document do not form part of the Unit Account.

"Unit Account Value" effective on a given date means the sum of the units of each Fund of the Unit Account on that date multiplied by the respective unit price effective on that date.

"We" and "Us" mean Forester Life Limited. "Our" has a corresponding meaning.

"You" means the Planholder and, where the context requires, the Planholder’s legal personal representatives. "Your" has a corresponding meaning.

Terms and Conditions

Subscriptions

  You may contribute regular monthly and/or one off subscriptions to your Plan. The minimum subscription is £20. The total amount subscribed to your Plan in any tax year cannot exceed the subscription limits as specified in the ISA regulations.

  Single subscriptions can be made by cheque or direct credit. Monthly subscriptions can be made by direct debit or standing order and are due on the Start Date and monthly thereafter.

Optional Changes to Monthly Subscriptions

  You may increase or decrease your monthly subscriptions at any time subject to a minimum increase or decrease of £5. Monthly subscriptions may not be reduced below the minimum of £20.

  You may stop your monthly subscriptions at any time. If monthly subscriptions have stopped they may be restarted at any time subject to any conditions or restrictions we may apply.

Automatic Increases on Monthly Subscriptions

  Your monthly subscription will increase automatically on each anniversary of the Start Date. The rate of each Automatic Increase in monthly subscriptions will be equal to the proportion by which the Retail Prices Index for the month six months before the month in which the anniversary falls exceeds the Index for the month eighteen months before the month in which the anniversary falls.

  The rate of the increase will be applied to the amount of your monthly subscription, payable on the due date immediately preceding the anniversary, allowing for any subscription changes attributable to Optional Changes. If the increase in the Index for a year is negative, no Automatic Increase will be made on the respective anniversary date and your monthly subscription will remain unchanged. If the Retail Prices Index is replaced or discontinued, we will decide which other suitable Index we should use for calculating Automatic Increases. Automatic Increases will be reduced or cancelled if HMRC requirements prevent an Automatic Increase from being made in full.

  Automatic Increases will be cancelled on all future anniversaries of the Start Date if you request them to be cancelled, subject to 14 days’ written notice. If Automatic Increases have previously been cancelled you may request their reinstatement at any time. The first Automatic Increase after reinstatement will be made on the following anniversary of the Start Date, subject to 14 days written notice. The reinstatement will not take account of any Automatic Increases that would have been made previously but for their earlier cancellation.

Investment of Subscriptions

  Subscriptions will be invested in the Fund(s) selected for your Plan. The investment objectives of the Fund(s) are set out in our ISA Brochure and Key Features. Subject to meeting the conditions for a stakeholder account, we have discretion as to how the assets of each Fund are invested. Any income arising from the assets of a Fund will be added to the Fund.

  Each Fund is divided into units of equal value. We will increase or reduce the number of units into which a Fund is divided at our discretion, in which case we will transfer in or out of the Fund an amount of money so that the value of each unit is unaffected.

  We will value each Fund each business day based on the closing prices of the assets for the previous business day, or such other time as we may decide. We will calculate the value of the assets in each Fund on a fair and reasonable basis and check that the investment limits for each Fund are in accordance with the Stakeholder Regulations.

  We will calculate the value of a unit of each Fund at a valuation by dividing the total value of the Fund calculated at that day’s valuation by the total number of units of the Fund existing at that time. We will then set a price for a unit of the Fund for the purpose of allocating units to Plans and computing the benefits under Plans that are linked to the Fund. It will be equal to the value of a unit of the Fund rounded to the nearest one-tenth of a penny. Unit prices set at a valuation will be effective from the following day.

  We may open new Funds from time to time or close or combine existing Funds if we think this is appropriate. Where we open new Funds, and subject to any conditions or restrictions we may apply, you may request that we redirect future subscriptions and/or fund switch existing units, using the unit prices effective on the later of the date you select and the day after we receive your written instructions. Where we close or combine Funds we will redirect future subscriptions and/or fund switch existing units, as we decide are appropriate, using the unit prices on the effective date.

Allocation of Units to Your Plan

  On each monthly due date, we will allocate to the Plan units of the Fund(s) using the unit price or prices effective on that date. The total value of the units we allocate at that price will be equal to the monthly subscription due.

  If a monthly subscription is paid after its due date then we reserve the right to allocate units of each Fund selected at the unit price effective on the day after we receive the monthly subscription rather than at the unit price effective on the due date. If we have allocated units in respect of a monthly subscription that is not paid, those units will be cancelled.

  For each single subscription received, we will allocate units to your Plan using the price effective on the later of the day we receive the payment and the Start Date. For each transfer payment received we will allocate units to your Plan using the price effective on the later of the day after we receive the payment and the Start Date. The total value of the units we allocate at those prices will be equal to the payment received.

  The number of units of a Fund allocated in respect of each payment, and each fund switch, will be rounded down to the next lower 1/100th of a unit.

  If the effective date for any unit cancellations under the Plan is the same day as the effective date for any unit allocations the allocations will take place first.

Fees and Charges

  The charges that we will levy are set out in our ISA Brochure and Key Features and include management and administration fees. In addition we will make a deduction from each Fund before the Fund is valued, to cover the costs of taxation, dealing charges and any expenses incurred in complying with our legal requirements.

Ownership

  The ISA investments will be, and must remain in, the beneficial ownership of the investor and must not be used as security for a loan.

  The Plan may only be owned or held as a qualifying investment for a Stocks and Shares ISA.

  The Plan, or the rights conferred by the Plan or any share or interest in the Plan or rights respectively, other than the cash proceeds from termination or part surrender of the rights conferred, cannot be transferred to you.

  The Plan, the rights conferred by the Plan and any share or interest in the Plan or rights respectively, are not capable of assignment or assignation (other than that the Plan may be transferred within the stocks and shares component of one ISA manager to another) and the rights may vest in your legal personal representatives upon your death.

Annual Statements

  We will prepare and send to you, at least annually, a statement including valuation of your Plan and the amount of all regular and lump sum subscriptions made since the previous statement date.

Transfers

  On receipt of your written instructions and within any time period you have stipulated (but not less than 10 business days after receipt of your instructions) we will transfer the Unit Account Value of your ISA with all rights and obligations to another ISA manager. No subscriptions will be payable on and after the date on which your request becomes effective.  We do not make any charge for the transfer.

  Before the transfer can take place we will require written authority from the new manager and the return of this document, the Schedule and any endorsements issued in connection with your Plan. We will issue you with a Statement of your Plan at the date of transfer. Transfer of the Unit Account Value will release us from all of our obligations under the Plan.

  You may transfer the amount of an ISA held with another ISA manager to us, which we will manage under these Terms and Conditions. We can accept transfers from Stocks and Shares ISAs, and after April 5, 2008 from Cash ISAs, into this Plan.The transfer must be made in a manner acceptable to us.

Benefits

  On receipt of your written instructions and within any time you have stipulated (but not less than 10 business days after receipt of your instructions) you may withdraw some or all of your investment. We will pay you all or a portion of the Unit Account Value effective on the later of the date you select and the day after we receive your request.

  We will cancel a number of units of the Unit account equal in value to the amount payable. If units of more than one Fund remain allocated to the Plan at the time, we will cancel units of each of those Funds equal in value to the proportionate value of the units of each Fund. The number of units of a Fund cancelled in respect of the partial withdrawal will be rounded up to the next higher 1/100th of a unit.

  In the event of your death we will pay 101% of the Unit Account Value effective on the day after we receive notice and evidence, satisfactory to us, of that event. Payment will be made to your legal personal representatives.

  Before we make any payment, we will require the return of this document, the Schedule and any endorsements issued in connection with the Plan, and evidence satisfactory to us of the entitlement to the benefits of the person or persons claiming payment. All payments are due in the currency of England at our registered office. Payment of benefit will release us from all of our obligations under the Plan.

Cancellation Rights

  Your Plan Documents are issued together with a Notice of your right to cancel. You have 30 days from receipt of this Notice in which you can change your mind about taking out your Plan and have your subscriptions returned.

  If you wish to cancel you should complete and return this Notice to Foresters House, Cromwell Avenue, Bromley, BR2 9BF. The amount returned to you may be lower if the value of units bought on your behalf has fallen.

Termination

  You may terminate your Plan at any time by giving us notice in writing.

  We reserve the right to terminate your Plan after the 5th anniversary of the Start Date, by giving you 30 days written notice, if regular subscriptions stop or have stopped and the Unit Account Value is less than £1,750.

  Your Plan will be managed in accordance with the ISA Regulations. We will inform you if, by reason of any failure to satisfy the provisions of the ISA Regulations, your Plan has, or will become void. We will terminate your account if it becomes void under the ISA regulations and will pay you the Unit Account Value reduced by such amount of tax and HMRC contributions including income and gains on those contributions, as we are obliged to account for under those Regulations. This will release us from all of our obligations under the Plan.

  The Plan shall terminate automatically if it ceases to be owned or held in the ISA.

Disputes

  We take the concerns of our Planholders very seriously. If at anytime you do have any comments or wish to make a complaint, please write to the Customer Relations Officer at Forester Life, Foresters House, Cromwell Avenue, Bromley, Kent, BR2 9BF.

  In the unlikely event that your complaint cannot be resolved to your satisfaction, you can write to the Financial Ombudsman Service (FOS), South Quay Plaza, 183, Marsh Wall, London, E14 9SR (telephone 0845 080 1800).

  The existence of the FOS or this complaints procedure does not prejudice your right to take legal action.

Data Protection

  We will record the personal information contained in your application on computer and use it to assess your application and to administer your policy. The information may be used for fraud prevention or money laundering prevention.

  We may share your information with organisations who are our business partners. We, or they, may contact you by mail, telephone, SMS, fax or e-mail to let you know about any goods, services or promotions, which may be of interest to you.

  If you do not wish to receive such information please write to our Data Protection Officer, Foresters House, Cromwell Avenue, Bromley BR2 9BF.

  By applying for this Plan you consent to our processing of your sensitive personal data, such as health data, for the above purposes. You have a right to ask for a copy of your information (for which we may make a small charge) and to correct any inaccuracies. When you give us personal information about another person we will assume that they have appointed you to act for them and have consented to the processing of their personal data, including sensitive personal data.

General

  This information and the Schedule contain all the Terms and Conditions of the Plan. We will not be liable for any condition, claim, statement, warranty or representation, whether express or implied, and whether collateral to this agreement or not, which differs from these Terms and Conditions.

  No term or condition in this document or the Schedule can be modified or waived (unless this document expressly provides that it can be) except by an endorsement issued by us from our registered office and signed by one of our authorised officials.

  We will satisfy ourselves that any person to whom we delegate any of our functions or responsibilities under these Terms and Conditions is competent to carry out those functions and responsibilities.

  Any requests made in connection with these Terms and Conditions must be made in writing and delivered to us at our registered office at Foresters House, Cromwell Avenue, Bromley BR2 9BF. We will use certain procedures and forms when any change to your Plan or any payment is to be made. We will only make changes when all normal procedures have been complied with.

  We will retain all the charges and deductions described in this document for our own use and benefit.

  Your Plan complies with HMRC requirements for a stakeholder ISA account. You authorise us to provide HMRC with relevant information about your Plan and its investments.

  We are authorised and regulated by the Financial Services Authority.

  We will send any notices or other correspondence to the address that you have given to us in your application form, or to a new permanent residential address provided you have advised us of it in writing.

  We will update our literature from time to time.

  We will always communicate with you using the English language.