Terms of Business AgreementACCEPTING OUR TERMS OF BUSINESS
By asking us to quote for, arrange or handle your insurances, you are providing your informed agreement to these Terms of Business. We draw your particular attention to the section headed ‘Use of personal data’ and specifically the paragraph explaining how ‘sensitive personal data’ will be used. For your own benefit and protection, you should read these terms carefully. If you are unsure about any aspect of our Terms of Business or have any questions regarding our relationship with you, please contact us at the above address.
THE FINANCIAL SERVICES AUTHORITY
Robert Solly T/A Haden Welbeck is authorised and regulated by the Financial Services Authority (FSA). Our FSA Register number is 310003. Our permitted business is introducing, advising, arranging, dealing as agent and assisting in the administration and performance of general insurance contracts. You may check this on the FSA’s register by visiting the FSA website, www.fsa.gov.uk/register/ or by contacting the FSA on 0845 606 1234.
Helping you to decide
Our role is to advise you and, after we have assessed your needs, to make a suitable recommendation. We will not in any circumstance guarantee the solvency of any insurer. Unless otherwise agreed Quotations will be valid for a period of thirty days from the date the quotation is provided.
The capacity in which we act for you
In providing our service, we may sometimes act as an agent of the insurer. We will confirm the capacity in which we will act for you before undertaking any relevant transactions on your behalf.
Our product range and the range of insurers used We select personal and commercial insurances from a range of insurers, but for certain products, we only select products from a limited number of insurers or only offer products from a single insurer. We will give you further information about this before we finalise your insurance arrangements; where we select products from a limited number of insurers you may ask us for a list of the insurers we deal with for these products. For commercial customers, if we propose using another intermediary to help place your business, we will confirm this to you in good time before any arrangements are finalised.
Our product range and the range of insurers used
We select personal and commercial insurances from a range of insurers, but for certain products, we only select products from a limited number of insurers or only offer products from a single insurer. We will give you further information about this before we finalise your insurance arrangements; where we select products from a limited number of insurers you may ask us for a list of the insurers we deal with for these products. For commercial customers, if we propose using another intermediary to help place your business, we will confirm this to you in good time before any arrangements are finalised.
When a Policy is issued you are strongly advised to read it carefully, as it is that document, the schedule and any certificate of insurance that is the basis of the insurance contract you have purchased. If you are in doubt over any of the policy terms or conditions, please contact us immediately.
COMPLAINTS AND COMPENSATION
We aim to provide you with a high level of customer service at all times but, if you are not satisfied, please contact us:
in writing... Write to Mr Robert Solly at the head office address stated above.
by phone... Telephone 01322 430141
When dealing with your complaint, we will follow our complaint handling procedures; a summary of these procedures is available on request. If you are still not satisfied, you may be entitled to refer the matter to the Financial Ombudsman Service (FOS). Access to the FOS is available for complainants coming within one of the following categories at the time we receive their complaint:
- Consumers (eg private individuals)
- From 1st November 2009 - businesses employing fewer than 10 persons and with a turnover or annual balance sheet total not exceeding €2 million
- Charities with an annual income of under £1 million
- Trustees of a trust with a net asset value of under £1 million
- Insurance advising and arranging is covered for 90% of the claim, without any upper limit For compulsory classes of insurance (such as Third Party Motor or Employers Liability), insurance advising and arranging is covered for 100% of the claim without any upper limit
We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. If you are eligible to claim from the FSCS, compensation is available as follows:
You can obtain further information about the compensation scheme arrangements from the FSCS on 020 7892 7300 or www.fscs.org.uk.
PAYMENT FOR OUR SERVICES
We normally receive commission from insurers or product providers. Commercial Customers: in good time before the conclusion of each insurance contract, or upon renewal, we will remind you of your right to be informed of the level of commission which we receive from underwriters. All customers are entitled, at any time, to request information regarding any commission which we may have received as a result of placing their insurance business.
We also charge customers for handling their insurances as follows:
|New business(premium is less than £100)||£25.00|
|New business (premium is more than £100)||£20.00|
|Mid Term adjustments (premium less than £100)||£30.00|
|Mid Term adjustments (premium more than £100)||£25.00|
|Two Monthly Payments fee||£20.00|
|Direct debit or payment finance default charge||£50.00|
|Policy Cancellation we retain 15% of the return premium + £25.00|
|Data Protection request for information||£10.00|
|Mid Term adjustments||£ 50.00|
|Duplicate Documentation||£ 50.00|
|Two Monthly Payments fee||£ 20.00|
|Direct debit or payment finance default charge||£ 50.00|
|Policy Cancellation we retain 15% of the return premium + £50.00|
|Data Protection request for information||£ 10.00|
You will receive a quotation which will tell you the total price to be paid, and which identifies any fees, taxes and charges separately from the premium, before your insurance arrangements are concluded. When arranging your insurance you have three payment options:
- To make the payment in full
- To pay by two instalments. The first due at inception / renewal and the second to be paid within 15 days. Details of the fees for this option are included in our fee tariff.
- To pay monthly by Direct Debit through insurers payment facilities, or alternatively via a monthly payment scheme through a premium finance provider.
When taking out a direct debit facility you are entering into a credit agreement with that company. Failure to make payments on time will result in charges being occurred by yourself, or your policy may be cancelled.
When your policy falls due for renewal you will be sent a renewal quote based on the information that you would have previously provided. If your policy is on direct debit and we do not hear from you we will automatically renew your policy with the existing insurer and continue to take payments via your bank with the details previously provided. In the event of a claim the premium for the policy willbecome payable in full. We also draw your attention to the sections headed ‘Cancellation of insurances’ and ‘Ending your relationship with us’.
Our financial arrangements with most insurance companies are on a ‘Risk Transfer’ basis. This means that we act as agents of the insurer in collecting premiums and handling refunds due to clients. In these circumstances such monies are deemed to be held by the insurer(s) with which your insurance is arranged. However, if Risk Transfer does not apply, such monies will be held by us in a Statutory Trust account set up in accordance with FSA rules. Interest earned on monies held in such a Statutory Trust account will be retained by us. For the purpose of some transactions, client money may pass through other authorised intermediaries before being paid to the insurer.
CANCELLATION OF INSURANCES
If for whatever reason you need to cancel your insurance, you will need to inform us in writing and send this to us with your policy certificate. Cancellation can only be processed once these documents have been received. If you are cancelling because we cannot provide you with adequate cover, a pro-rata refund will be applicable. However if you cancel the policy for any other reason, the charge made by your insurer may be based on short period rates. Examples of charges that may be made are shown in the table below and the amount charged depends on how long the policy has been in force and may vary between insurers. Please refer to our tariff of fees for any applicable cancellation charges. Any return premiums will be forwarded once they have appeared on the insurer account and been settled to the insurer. No monies can be returned until this process is completed. Your policy may have a Cooling Off Period. We will give you enough information and help so that you can make an informed decision before you make a final commitment to buy your insurance policy. However, if your policy does have a Cooling off Period, you will have 14 days to change your mind and cancel the insurance contract from the date you receive the policy documentation. You should make any request for the cancellation of a policy in writing and any relevant certificate of insurance must be returned to us or to the insurer concerned. In the event of cancellation, charges for our services will apply in accordance with the ‘Payment for our services’ section above. The terms of your policy may allow insurers to retain the premium in full or to charge short-period premiums in the event of cancellation before the policy expires. If a claim has occurred during the period of insurance this may affect the refund of premium received and in some cases may result in a nil return premium.
Example of short period charges
|1 Month||2 Months||3 Months||4 Months||6 Months||8 Months||Over 8 Months|
ENDING YOUR RELATIONSHIP WITH US
Subject to your immediate settlement of any outstanding premiums and fees, you may instruct us to stop acting for you and we will not impose a penalty. Your instructions must be given in writing and will take effect from the date of receipt. In circumstances where we feel we cannot continue providing services to you, we will give you a minimum of 21 days notice. Unless otherwise agreed in writing, if our relationship ends, any transactions previously initiated will be completed according to these Terms of Business. You will be liable to pay for any transactions concluded prior to the end of our relationship and we will be entitled to retain commission received for conducting these transactions, together with all fees charged by us for services provided in accordance with out fee charging structure within this Terms of Business Agreement.
You are responsible for providing the complete and accurate information which insurers require in connection with any proposal for insurance cover. This is particularly important before taking out a policy and at renewal, but it also applies throughout the life of a policy. If you fail to disclose information, or misrepresent any fact which may influence the insurer’s decision to accept the risk or the terms offered, this could invalidate the policy and mean that claims may not be paid. You must check all details on any proposal form or Statement of Facts and pay particular attention to any declaration you may be asked to sign. It is important that you read all insurance documents issued to you and ensure that you are aware of the cover, limits and other terms that apply. Particular attention must be paid to any warranties and conditions as failure to comply with them could invalidate your policy. You must inform us immediately of any changes in circumstances which may affect the services provided by us or the cover provided by your policy. If you are unsure about any matter, please contact us for guidance.
USE OF PERSONAL DATA
We will process any personal information we obtain in the course of providing our services to you in accordance with the Data Protection Act 1998. In administering your insurances it will be necessary for us to pass such information to insurers and other product or service providers which may also provide us with business and compliance support. We may also disclose details to relevant parties, as necessary, to comply with regulatory or legal requirements. We may contact you or pass your details to other companies associated with us in order to promote products or services which may be of interest to you. We will not otherwise use or disclose the personal information we hold without your consent. Some of the details you may be asked to give us, such as information about offences or medical conditions, are defined by the Act as sensitive personal data. By giving us such information, you signify your consent to its being processed by us in arranging and administering your insurances. Subject to certain exceptions, you will be entitled to have access to your personal and sensitive personal data for which you will be charged a fee of £10. If at any time you wish us, or any company associated with us, to cease processing any of the personal data or sensitive personal data we hold, or to cease contacting you about products and services, please write to Mr Robert Solly at the Head Office address detailed above.
Insurers pass information to the Claims and Underwriting Exchange register, run by Insurance Database Services Ltd (IDS Ltd) and the Motor Insurance Anti-Fraud and Theft Register run by the Association of British Insurers (ABI). The aim is to check information provided and also prevent fraudulent claims. Motor insurance details are added to the Motor Insurance Database run by the Motor Insurer’s Information Centre (MIIC), which has been formed to help identify uninsured drivers and may be searched by the Police to help confirm who is insured to drive. When you tell us about a claim, this information will be passed on to the register by the insurance company. The database may be used by insurers and the Motor Insurers Bureau to identify relevant policy information.
CONFLICTS OF INTEREST
Occasions can arise where we, or one of our associated companies, clients or product providers, may have a potential conflict of interest with business being transacted for you. If this happens, and we become aware that a potential conflict exists, we will write to you and obtain your consent before we carry out your instructions and we will detail the steps we will take to ensure fair treatment.
CLAIMS HANDLING ARRANGEMENTS
You should take note of the required procedures in the event of a claim, which will be explained in the policy documentation. Generally, insurers require immediate notification of a claim or circumstances which might lead to a claim. We will employ due care and skill if we act on your behalf in respect of a claim.