Insurance2day Insurance Services Ltd – Terms of Business
Address: Turner House, Queen Street, Stourbridge, DY8 1TP.
Telephone: 01384 442 165 Fax: 01384 444 976
N.B. These terms of business replace all previous terms and conditions
The Financial Conduct Authority (FCA)
The FCA is the independent watchdog that regulates financial services. Please use this information to decide if our services are right for you.
Who Regulates Us?
Insurance2day Insurance Services Ltd is authorised and regulated by the Financial Conduct Authority. Our FCA Number is 306082. You can check this at http://www.fsa.gov.uk/register/home.do or by contacting the FCA on 0800 111 6768. Our permitted business is advising on, arranging and assisting in the administration and performance of a contract of insurance. We are also authorised and regulated to carry on credit broking.
We are an Insurance Intermediary and as such we act as the agent of our client. However, in certain circumstances we may act for and owe duties of care to other parties. We will advise you when these circumstances occur so you will be aware of any possible conflict of interest.
We will advise and make a recommendation for you after we have assessed your insurance needs. If we are unable to make a recommendation or offer advice or where your requirements cannot be fully met we will provide you with enough information to enable you to make an informed purchasing decision.
We will assist you in effecting any changes that you need to make to your insurance policy, with the renewal of your insurance policy and with any claim you need to make.
We are also a credit broker in that we introduce those wishing to pay by instalments to firms that are able to lend money under a regulated credit agreement by way of business.
Whose Products we Offer
In the majority of cases we will carry out a ‘fair analysis’ of the market in order to identify a suitable product. This means that we will compare products from a sufficiently large range of insurance providers in terms of cover, price, quality of service and other relevant features in order to select appropriate policies for you. If this is not the case we will advise you of the breadth or our marketing prior to inception of the policy.
For those wishing to pay by instalments we only introduce clients to Close Brothers Premium Finance. We will advise you if competitive credit terms are available through your Insurer or, you have the option of sourcing your own credit agreement.
On some risks we receive commission from insurers which is a percentage of the premium paid by you and allowed by the insurers and/or we may charge a professional fee to cover the placing and ongoing handling of your insurance. From time to time depending on the work and risk involved it may be necessary to charge greater fees. We earn the entirety of our commission and/or fees when your risk is successfully placed and take our commission and/or fees immediately upon receipt of payment unless agreed otherwise with your insurer.
Disclosure of Earnings
You are entitled at any time, to request information about earnings that we, or any other intermediary we have used, receive as a result of placing your business. In addition to commission from insurers, we may also receive payments based on volumes of business or profitability of the account placed with them. These payments can vary from year to year. Such remuneration is only earned on the basis that it does not detract from our obligation to act in our client’s best interest at all times.
We normally accept payment by cheque, BACS or credit card. A charge of 2% will be levied for payment by credit card. We require full payment of the premium on the day cover is effected or you may be able to spread your payments through a credit scheme either run by your insurer or by a finance provider and we will advise you further if these options are available.
How we will handle your money
Our (Non-)Statutory Trust account has been set up in accordance with strict rules laid down by the Financial Conduct Authority. We are required to inform you that we may use your premium to settle premiums due under other policies including those payable by other clients. We are the Agent of Insurers for the collection of certain premiums and hold your money on a risk transfer basis. In arranging your insurance we may employ the services of other intermediaries who are Authorised and Regulated by the FCA and your premium may be passed to these intermediaries for payment to insurers. Any interest, or investment returns, earned on your money whilst in our possession will be retained by us.
Mid-Term Adjustments or Cancellations
In the event of an adjustment that results in a return of premium, or cancellation mid-term, we will refund the premium due net of our full commission and/or fee and any charge made by insurers. Where the premium is being paid by instalments directly to the insurance company we will claim our full commission along with any charge made by the insurers in the calculation of any outstanding monies. Where the premium is being paid via a third party credit agreement payments under such an agreement must be maintained until such a time that a return premium is issued by insurers.
Cancellations Due To Premium Instalment Default
If any credit agreement payment is not met, you acknowledge and agree that we may instruct on your behalf the relevant insurer to cancel the insurance and to collect any refund of premiums which may be made by the insurer and use it to offset any outstanding costs. Cancellation of the insurance policy will mean there is no cover in force should a claim occur.
Whilst we take every care to check the financial stability of any firm with which we place business, we cannot be held responsible if that firm subsequently ceases to trade.
Treating Customers Fairly (TCF)
We set high standards for ourselves and it is our intention to treat customers fairly at all times. We have appointed Steven Robinson to oversee TCF within this firm. If at any time you feel that you have not been treated fairly please contact us in order that the matter may be addressed.
Prevention of Bribery
It is our intention to meet the requirements of the Bribery Act 2010. We have appointed Steven Robinson with overall responsibility for the prevention of bribery. If, at any time, you feel that we have not acted in a way that meets the requirements of the Bribery Act 2010 you should contact us immediately.
Your Duty to Provide Information (Consumers)
It is your duty to take reasonable care to answer all questions honestly and to the best of your knowledge. If you do not, your insurance policy may be cancelled or treated as if it never existed or your claim may be rejected or not paid in full. It is important that all statements you make on proposal forms, claim forms and other documents are full and accurate. If a form is completed on your behalf, you should check that the answers shown to any of the questions are true and accurate before signing the document. Failure to provide requested information to your insurers could invalidate your insurance cover and mean that part or all of a claim may not be paid.
Fair presentation of risk (Non Consumer Clients)
It is your statutory duty before entering into a contract of insurance, prior to an alteration and at renewal to make a fair presentation of the risk to be insured and to ensure that information is provided in a clear and accessible format. Where practical every material circumstance should be disclosed. We will expect firms to make reasonable enquiries and proactively gather information however, where this is not practical you must make us aware, as your broker, that further enquiries are needed to accurately underwrite the risk. Any questions put to you in a proposal form, statement of fact or otherwise must be answered honestly, accurately and in good faith.
As part of our service we can assist you with any claim you need to make. When you first become a customer we will give you details of how you can make a claim and tell you what your responsibilities are in relation to making claims. If you are ever in any doubt as to what action to take in the event of a claim, please contact us at Turner House, Queen Street, Stourbridge, DY8 1TP.
We may share your information with and obtain information about you from credit reference agencies. If you require information about the credit reference agency we have received information from or the credit reference agencies we have approached please do not hesitate to contact us. Please note that any searches undertaken prior to you proceeding with your application will be soft searches and will not affect your credit rating.
It is our intention to provide you with a high level of customer service at all times. If you should wish to make a complaint about our service we have a formal complaints procedure. In the first instance you should address your complaint to Emma Robinson. We will supply you with a copy of our complaints procedure upon receipt of a complaint or at any time upon request. If you cannot settle your complaint with us you may be entitled to refer it to the Financial Ombudsman Service further information about the Financial Ombudsman Service can be found on their website at http://www.fos.org.uk/ Alternatively other out of court complaint and redress procedures may be available.
Financial Services Compensation Scheme (FSCS)
We are covered by the 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. Full details and further information on the compensation scheme is available from the FSCS.
Confidentiality (how we use your information)
All personal information about you will be treated as private and confidential. We are registered under the Data Protection Act 1998 and we undertake to comply with the Act in all our dealings with your personal data. Your personal information will be kept secure. If you require more information on how we use your personal data please contact us and request a copy of our privacy notice.
Claims and Underwriting Exchange Register and Motor Insurance Anti-Fraud Register
Insurers pass information to the Claims and Underwriting Exchange Register operated by Insurance Database Services Limited and the Motor Insurance Anti-Fraud and Theft Register compiled by the Association of British Insurers. The objective is to check information provided and to prevent fraudulent claims. Motor insurance details are also added to the Motor Insurance Database operated by the Motor Insurers’ Information Centre (MIIC), which has been formed to help identify uninsured drivers and may be accessed by the police to help confirm who is insured to drive. In the event of an accident, this database may be used by insurers, MIIC and your motor insurer to identify relevant policy information. Other insurance related databases may also be added in the future.
Limitation of Liability
a) We will not be liable to you for any direct or indirect losses, damages or costs or expenses incurred or suffered by you as a result of or in connection with any service that we provide to you hereunder unless arising directly from our negligence, wilful default or fraud (or that of our directors, officers or employees).
b) In no circumstances will we have any liability for losses that are not a reasonably foreseeable consequence of our negligence, wilful default or fraud (or that of our directors, officers or employees).
c) Without prejudice to any other provision in this clause, if you suffer or incur losses, damages, costs or expenses as a result of or in connection with any service that we provide to you hereunder otherwise than as a result of our wilful default or fraud, you agree that our total liability to you for such losses shall not exceed £1.2 million.
d) Without prejudice to any other provision in this clause, you agree that we shall only be liable to you in respect of a claim against us for breach of contract or tort, if you commence proceedings against us in respect thereof, either:
i) Within two years of the date on which your cause of action accrues; or
ii) in the case of a claim for damages in respect of our negligence within two years of the earliest date on which you first have, or any person with whom the cause of action is vested before you, first has, both the knowledge required for bringing an action for damages in respect of the relevant damage and a right to bring such an action.
e) Nothing in this Agreement will limit, or will be construed as limiting, our liability for death or personal injury resulting from our negligence.
f) Nothing in this Agreement will exclude or restrict any duty or liability that we may owe to you under the regulatory system as defined in the FCA rules.
g) We will not be liable to you for any losses, damages, costs or expenses incurred or suffered by you as a result of our use of faulty computer systems or software supplied to us by a third party.
h) We shall not be liable to you for any partial or non-performance of our obligations hereunder by reason of any cause beyond our control, including without limitation any breakdown, malfunction or failure of transmission, communication or computer facilities, industrial action, Acts and Regulations of any government, supra-national bodies or authorities or the failure of any relevant third party, for any reason, to perform its obligations to us.
For the avoidance of doubt, nothing will, for the purposes of this clause, be taken to be beyond our reasonable control if it results from
i) our failure to have available and use appropriate equipment for the purposes of fulfilling our obligations under this Agreement. Maintained to proper standards of market practice
ii) our failure to establish appropriate back-up and disaster recovery procedures for the malfunction of any equipment or power supply which could reasonably be expected to establish; or
iii) our failure to use reasonable skill and care and to act in good faith in performance of our obligations under this Agreement.
This Terms of Business document is subject to English Law and the jurisdiction of English Courts.