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Birmingham: + 44 (0) 121 452 8450
London: + 44 (0) 207 983 9039
Leominster: + 44 (0) 156 831 3313
Kidderminster: + 44 (0) 1562 215215
Dudley: +44 (0) 1384 900500
Leicester +44 (0) 116 303 3372
insurance brokers Birmingham, insurance brokers London, risk management insurance brokers Birmingham, insurance brokers London, risk management insurance brokers Birmingham, insurance brokers London, risk management
Birmingham: + 44 (0) 121 452 8450
London: + 44 (0) 207 983 9039
Leominster: + 44 (0) 156 831 3313
Kidderminster: + 44 (0) 1562 215215
Dudley: +44 (0) 1384 900500
Leicester + 44 (0) 116 303 3372

Terms of Business

Commercial Terms of Business Agreement

The purpose of this document is to set out our professional relationship and the services we will provide to you. This is our standard client agreement upon which we intend to rely (“Terms of Business”). For your own benefit and protection you should read the terms carefully and if there are any terms which you do not understand, please ask us for further information.

Jobson James Insurance Brokers Ltd is authorised and regulated by the Financial Conduct Authority (‘FCA’). Our FCA reference number is 516147 and you can check our permissions on the FCA’s websitehttp://www.fca.gov.uk/register/home.do or by calling them on 0800 111 6768.

In the interests of security, staff training and to generally improve our service please be aware that telephone calls may be monitored and/or recorded.

Please note we will tell you if any products and services offered are not regulated by the FCA.

1. Our service

We are an independent insurance intermediary and will act on your behalf in arranging your insurance requirements. However, in certain circumstances we may act for or owe a duty of care to other parties such as insurers. We will inform you when these circumstances occur so you will be aware of any possible conflict.

We offer a wide range of products and our service may include:

 

  • advising on and recommending insurance cover following an assessment of your demands and needs;
  • negotiating terms on your behalf with insurers;
  • providing you with sufficient information so you can make an informed decision as to which policy you want;
  • making arrangements with the insurer for your policy to start; and
  • helping you with any on-going changes you have to make and providing assistance should you need to make a claim.

Depending on the type of cover you require, we will either:

  • look at a range of insurers that is representative of the insurance market; or • select from a limited panel of insurers; or
  • offer you a contract from a single insurer.

We will confirm which one of these applies before we arrange your insurance contract. A list of the insurers considered will be available on request.

2. How we are paid

In most cases we are paid by commission from the insurer but in some circumstances, we may charge you a fee instead of commission or a combination of both.

We will also make individual charges of up to £100 to cover the costs associated with administering your insurances – e.g. arranging a new policy, making mid-term changes to your policy, short period or mid-term cancellations, renewals, replacement or duplicate documents and for other administrative tasks. We will advise you of the amount of fee before you become liable to paying it.

In addition to commission payments and/or client fees, we may receive remuneration by way of administrative fees or commissions for services provided to insurers or income derived from the arrangement of finance or other services with third party suppliers.

If you make a change, or cancel your policy mid-term which results in a return of premium, we will retain any commission and/or fee amount to cover our administration costs. This amount will be specified to you during the transaction process. If you would like details of how much commission we earn for arranging your policy, please let us know.

3. Premiums

You must settle the premium(s) due in cleared funds in accordance with the amounts and payment dates specified in our correspondence with you. Failure to meet the payment dates may lead to insurers cancelling your policy, thus leaving you without insurance cover. Please note that where insurers have specified that the premium must be settled by a certain date (i.e. ‘premium payment warranty’), failure to comply can result in the automatic termination of your insurance contract. A charge may apply to payments made by credit card and this will be confirmed to you at the time of incepting or renewing your insurance.

Please also note that your policy cover will cease if you fail to keep up payments on an instalment agreement or premium finance facility related to it.

4. Premium financing

We work with a number of Companies to provide a premium finance facility to our insurance clients although Insurers own credit facilities may also be available if appropriate. A loan with such a premium finance company is designed for the repayment of insurance premiums only and such Companies may undertake an enquiry with a credit reference agency such as Experian when you make an application. The credit reference agency will add details of the search and the application to their record about you whether or not the application proceeds. Further details will be provided if required when an application for finance is made.

5. Awareness of policy terms & conditions

When your policy is issued, you are strongly advised to read it carefully as it is that document, along with the schedule/certificate, that details the policy terms and conditions of the insurance contract you have purchased. You should make sure the documents are accurate and contact us if they contain any errors. If you are in any doubt over any of the policy terms or conditions or you do not understand them, please ask a member of our staff for further clarification.

6. Claims service

As part of our service, whilst we are your appointed broker, we will help you submit a claim on your policy to your insurer but it remains your responsibility to have read, understood or queried all documentation upon receipt. We may also provide a claims handling service but should we do so, we reserve the right to charge a reasonable fee for our services. In the event that we no longer act as your appointed broker, we may provide (at your request) a claims handling service or if we are already providing one, continue to provide a claims handling service but in each case, subject to payment of a reasonable fee. All incidents that could possibly give rise to a claim must be notified to us or your insurer in accordance with the terms of your policy and a claim form completed where required. If you are unsure whether a matterconstitutesaclaimornot,pleasecontactusandwewilladviseyou.Delayonyourpartinnotifyingaclaimand/orcompletingrequiredformswillriskaloss you suffer not being paid in part or in full. You should not, however, admit liability or agree a course of action, other than emergency measures carried out to minimise the loss, until you have agreement from your insurer.

7. Client money

Client money is money that we receive and hold on behalf of our clients over the course of our relationship such as premium payments, premium refunds and claim payments. We hold this either on your behalf or on behalf of your insurer(s) as determined by the agreement we have in place with each insurer.

In most cases we will have an agreement with the insurers where we act as agent for the insurer and any money received by us will be treated as if it has been received by the insurer and the insurer will bear the risk of any losses in the event that our firm becomes insolvent. In the same way, we may also have an agreement with the insurer that any claims money or premium refunds received by us from the insurer will not be treated as received by you until they are actually paid over to you. We may hold both Insurer and client money in the same bank account but when this happens insurers will have previously agreed that any claim by you on monies that are client money will come before their claim.

In cases where we do not have such an agreement with an insurer, we will hold your money in a statutory client money bank account which is governed by rules that seek to protect clients against any inability of an insurance broker to transfer premiums to an insurer, or to transfer refunds and/or claims money to a client.

Any commission due to us may be taken from the client money account and this may be taken before we pass the premium onto the insurer. If we earn interest on any money held in this account this will be retained by us and not passed on to you. If we use a third party to place your insurance we may need to transfer your money to that party but we still remain responsible for your money until it is deemed to be received by the insurer. In some cases this may mean that your money is transferred to a third party outside of the UK where the legal and regulatory systems are different. If such a third party fails, your money may be treated differently than it would, had the third party been in the UK.

If you do not want your money to be passed outside of the UK or if you have any other objections to this section, please contact us immediately. If we do not hear from you we will assume you consent to us handling client money in this way.

8. Cancellation rights

You may have the right to cancel your policy within 14 days of receiving your policy documentation. If you decide to cancel your insurance contract within this timeframe and you have not made a claim on the policy, you may be entitled to receive a refund of any premium paid, less any reasonable costs incurred by the insurer in providing the cover. 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 – please check your policy documentation for further information or ask a member of staff for clarification. Please note our commission and, where appropriate, fees are fully earned from the date insurance cover commences and may not be refundable in the event of cancellation, avoidance or early termination of apolicy.

9. Complaints

We are committed to providing our customers with a high standard of service but things can go wrong in any business. If for any reason we have not met your expectationspleaseletusknowbyinformingyourusualcontactoryoucancontactourcomplaintsdepartmenton01214528450 orwritetousatComplaints Department, Jobson James Insurance Brokers Ltd, 30 St Pauls Square Birmingham B3 1QZ

If you are not happy with our response you may be eligible to refer your complaint to the Financial Ombudsman Service (FOS). Full details of their service can be found at www.financial-ombudsman.org.uk or you can call them on 0800 023 4567.

10. Compensation

If we are unable to meet our obligations, you may be able to submit a claim to the Financial Services Compensation Scheme (FSCS). Insurance advising and arranging is covered for 90% of the claim, without any upper limit. For compulsory classes of insurance (such as motor insurance), insurance advising and arranging is covered for 100% of the claim. For full details and further information please contact the FSCS helpline on 0800 678 1100 or visit their website www.fscs.org.uk.

11. Insurers

It is our normal practice to assess on a regular basis the financial strength of the financial institutions that we introduce to our clients. This process involves monitoring the financial ratings applied by independent rating agencies such as Standard & Poor’s and Moody’s along with other publicly available information. The ratings applied to each firm are a reflection of the agencies’ views on the medium to long-term ability of each firm to meet its obligations to its policyholders. Where an insurer achieves or exceeds our minimum requirements we place it on our acceptable list. It should be noted that whilst we take every care to promote only the strongest institutions, we are unable to guarantee the financial strength of any insurance company.

12. Quotations

Quotations are valid until the date cover commences up to a maximum period of 30 days, unless otherwise stated. Specimen policy wordings are available upon request.

13. Information and changes we need to know about

Your Duty to Provide Information – Private clients

It is your duty to take reasonable care to answer all questions honestlyandtothebestofyourknowledge. Ifyoudonot,yourinsurancepolicymaybecancelledor treatedasifitneverexistedoryourclaimmayberejectedornotpaidinfull. Itisimportantthatallstatementsyoumakeonproposalformsclaimformsandother 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 – Commercial 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 ensurethatinformationisprovidedinaclearandaccessibleformat. Oncewehavecollatedtheinformationabouttheriskcopiesoftheinformationwillbesenttoyou for checking. Every material circumstance known to you should be disclosed. We will expect you 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 or otherwise must be answered honestly, accurately and in good faith.

14. Transferred business

Where we are appointed to service insurance policies, other than at their inception or renewal, and which were originally arranged via another party, we shall not be liable during the current insurance period for any loss arising from any errors or omissions or gaps in your insurance cover or advice not provided by us. Should you have any concerns in respect of a policy, which has been transferred to us, or if you require an immediate review of your insurance arrangements, you must notify us immediately. Otherwise we shall review your insurance arrangements and advise accordingly as each policy falls due for renewal.

15. Confidentiality of information

To help make sure you receive a competitive quotation, offer of appropriate payment options, protection against fraud and to verify your identity, insurers may use publicly available data which they obtain from a variety of sources, including a credit reference agency and other external organisations. Their search will appear on your credit report whether or not your application proceeds.

All information on our records relating to you will be treated as private and confidential and will only be disclosed to others such as our business partners, insurers, credit providers and other third parties who are directly involved in the normal course of arranging and administering your insurance. By accessing our sites and using our services, you consent to any such transfer of information to a third party.

We may use the data we hold about you to provide you with information of products and services we consider may be appropriate. Please notify us in writing if you do not want to receive such information.

We will not take instructions on your insurance arrangements from anyone else unless we have your prior written permission.

Our retention of your personal information

We will retain any personal information only for as long as is necessary to fulfil the business purpose for which it was collected. We will also retain and use your personal information for as long as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Under the General Data Protection Regulations which came into force 25th May 2018, you have the right to ask us for a copy of any personal information about yourself that we hold on our records. Please contact us if you require any more information. For further information on your rights under the General Data Protection Regulation please refer to the Information Commissioners Office – www .ico.org.uk.

If you would not like us, or any other company within the Jobson James Group, to send you this type of information or if you would like further information on how your information is used and your rights to access information we hold on you, please advise your usual contact or you can write to the

Compliance Director at our office in 30 St Pauls Square Birmingham B3 1QZ

16. Renewals

The information you have previously provided to us is what your insurance cover has been based on. Renewals are invited on the basis that there have been no changes in the risk or item being insured, other than those specifically notified to us or your insurers (see section on “Information and changes we need to know about”). It is very important that you check this carefully and confirm it remains accurate and complete. You should contact us immediately if the information is incorrect or if your circumstances have changed so we can update your details. Failure to notify us or your insurer of any incorrect information or change in circumstances may lead to your policy being cancelled or your claim rejected or not fully paid.

Before your renewal date we will contact you about your renewal requirements by letter, telephone or email. We may (but accept no responsibility to) arrange to renew your policy automatically. We do this for your protection. In circumstances where the insurer is unable to offer cover or instances such as a bank account no longer being active we may be unable to automatically renew your policy.

If you do not wish us to take this action, please tell us before your renewal date. If we do not hear from you to the contrary, it will be deemed that you agree to this course of action.

17. Restriction of liability

Except in respect of injury to or the death of any person resulting from our negligence (for which no cap on liability will apply), our liability to you for the services we provide shall not exceed £5,000,000 in connection with any one event or connected events in respect of any and all insurance mediation and related activities undertaken by us on your behalf over any 12-month period.

18. Termination of thisagreement

These Terms of Business may be cancelled by either party by giving 7 days notice in writing to the other. You will remain liable to pay for any transactions or adjustments effective prior to termination and we shall be entitled to retain any and all commission and or fees payable in relation to insurance cover placed by us prior to the date of written termination of our authority to act on your behalf.

19. Entire agreement

These Terms of Business constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, (including but not limited to any terms of business agreement that may have been previously sent to you by us), promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You acknowledge that in entering into these Terms of Business you cannot rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that are not set out in these Terms of Business. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms of Business. Nothing in this clause shall limit or exclude any liability for fraud.

20. Variation & amendments

No variation of these Terms of Business shall be effective unless it is in writing. Notwithstanding the aforementioned, you agree that we have a right to amend these Terms of Business by sending you either a notice of amendment in writing or revised terms of business agreement. Any amendment will apply in respect of any service transaction entered into by us after notice of the amendment or a revised terms of business agreement is provided to you to the extent permitted by law.

21. Third party rights (excluding rights under the Contracts (Rights of Third Parties) Act 1999)

Except as expressly provided in these Terms of Business, a person who is not a party to these Terms of Business shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Business. This does not affect any right or remedy of a third party which exists, or is available, apart from that Act. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this Terms of Business Agreement are not subject to the consent of any other person.

22. Money Laundering Regulations and Proceeds of Crime Act

You agree to provide such evidence and information about your identity, and that of your associates, as we may reasonably require in order to comply with our obligations under money laundering legislation and regulations and associated Proceeds of Crime Act. We are obliged to report to the Serious Organised Crime Agency and/or appropriate law enforcement agencies any evidence or suspicion of financial crime at the first opportunity and we are prohibited from disclosing any such report.

23. Anti-bribery and corruption

The parties agree that Bribery, as defined under the Bribery Act 2010, is prohibited. It is therefore agreed that neither party will request, accept, offer or provide any payment or other advantage, to or from any person, which, in the absence of documentation to demonstrate otherwise, can be perceived as capable of influencing any person connected with the activities of either party to act improperly in contravention of the Bribery Act 2010. It is also agreed that neither party will offer or provide payments or any other advantage to a government official or worker, in any country, with the intention to influence such official or worker in their capacity as such, and to obtain or retain a business advantage.

24. Law & Jurisdiction

These terms of business shall be governed and construed in accordance with the laws of England and Wales. In relation to any legal action or proceedings arising out of, or in connection with, these terms of business unless otherwise agreed we both irrevocably submit to the jurisdiction of the courts of England and Wales.