Arthur Doodson (Brokers) Ltd “We/Us/ADBL” whose registered office is at Century House, Pepper Road, Hazel Grove, Cheshire SK7 5BW Century House, Pepper Road, Hazel Grove, Cheshire SK7 5BW T | +44 (0)161 419 3000 F | +44 (0)161 419 3030 E | email@example.com W | www.doodsonbg.com
Doodson Broking Group is a trading name of Arthur Doodson (Brokers) Ltd / Registered in England. Company No. 790401 Authorised and regulated by the Financial Services Authority. Registration No. 308886 ADBL W/S TOBA V1/3/11
Please read this document carefully as it sets out the terms on which Arthur Doodson (Brokers) Ltd undertakes to act for its clients. It also contains details of your own responsibilities both to us and to insurers and sets out our regulatory and statutory responsibilities. Should there be anything in this document that you do not understand, or with which you do not agree, please contact us immediately to discuss the matter. If you continue to do business with us and we do not hear from you we will take this action to constitute your consent to working with us on the terms set out in this agreement.
1. EXPLAINING OUR STATUS
Arthur Doodson (Brokers) Ltd trades as Doodson Broking Group and uses the following registered trading styles:
• Doodson Corporate
• Doodson Entertainment
• Doodson Motorsport
• Doodson Motor Claims
• Doodson Sport
• Doodson Private Client
We are authorised and regulated by the Financial Services Authority (FSA) to carry out insurance mediation in respect of general insurance contracts under part IV of the Financial Services and Markets Act 2000. Our registration number is 308886 and our current status can be checked by visiting the FSA website www.fsa.gov.uk or by contacting the FSA on 0845 606 1234.
As an insurance intermediary we are required to comply with relevant FSA Regulations thus ensuring we:
• Conduct our business with integrity, paying due regard to your interests and treat you fairly
• Conduct our business with due care, skill and diligence
• Pay due regard to your information needs and communicate in such a way that is clear, fair and not misleading
• Manage conflicts of interest between us and you, and between you and other customers or parties
• Meet specific conditions for holding client money
• Take reasonable care to establish appropriate systems and controls
2. EXPLAINING OUR SERVICES
We are an Independent Insurance Intermediary that acts on your behalf and our service include:
• Advising on your insurance needs
• Arranging insurance cover with insurers to meet your requirements
• Helping with any ongoing changes you have to make
• Providing premium payment facilities through lenders
• Providing risk management support ourselves and through certain specialist providers
• Access to employment law and other services via specialist organisations
• Claims assistance and advice through both ourselves and certain specialist providers
From time to time some or all of the services named above may be conducted by or on behalf of group and/or subsidiary companies which are listed below:
• Sumner Insurance Services Ltd, Ltd Registered Address Century House, Pepper Road, Hazel Grove, Cheshire, SK7 5BW approved by the FSA under part IV of the Financial Services and Markets Act 2000 (FSMA), under reference number 147055 to provide advice, products and services for non-investment contracts.
• Albemarle Insurance Brokers Ltd Century House, Pepper Road, Hazel Grove, Cheshire, SK7 5BW approved by the FSA under part IV of the Financial Services and Markets Act 2000 (FSMA), under reference number 114391 to provide advice ,products and services for non-investment contracts.
We have no direct or indirect holding in any insurer and no insurer has a financial interest in us. We are not contractually obliged to conduct insurance mediation with either a single insurer or a limited range of insurers.
As independent intermediaries we act as the agent of you, our client. We are subject to the law of agency which imposes various duties upon us. There will however be certain circumstances in which we may act for and owe duties to other parties. We will advise you when such circumstances occur so that you will be aware of any potential conflicts of interest.
We offer products from a range of insurers, however for certain classes of business we may act under a delegated authority or have negotiated favourable terms with an insurer and consequently may recommend a product from a single insurer. When we recommend products on this basis we will let you know.
We receive remuneration for the service we provide either in the form of a percentage of the insurance contract premium (known as ‘commission’ or ‘brokerage’) or by way of a fee or a combination of both.
Any fees charged will be specifically advised to you.
Brokerage and fees are earned for the policy period and we will be entitled to retain all fees and brokerage in respect of the full policy period in relation to policies placed by us. This includes any brokerage or fees in the event that a policy is cancelled or a return premium is due following a Mid Term Adjustment.
In the event of any Mid Term Adjustment or amendment to cover we will be entitled to charge a fee of £25.00 to cover our administration costs.
In addition to the remuneration methods described above, we may receive remuneration by way of administrative fees or for services provided to underwriters. We also receive commission for arranging finance agreements for the payment of premiums and we may also receive commission or fees for passing introductions to other professionals
5. PREMIUM PAYMENT
We will give you full details about your payment options when we discuss your insurance in detail.
We normally accept payment by cheque, debit or credit card. Payments made by credit card are subject to a 2% charge on the amount being paid. However, you may also be able to spread payments through insurer instalments or a third party credit scheme. There will usually be a charge for paying by instalments and full details will be provided if you select this option.
Unless we have specifically notify you otherwise, premium payment in full is required at the inception of any policy, or in the case of renewals and mid-term adjustments, is due upon the date cover is granted or the date any adjustments take effect.
You must provide the premium due in cleared funds in accordance with the above specifications, failure to do so may lead to your policy being cancelled or failing to attach.
Where insurers have specified that the premium must be received by a certain date, failure to comply can result in the automatic termination of your insurance contract.
For the avoidance of doubt, no payment shall be deemed to have been received until we have received cleared funds.
6. POLICY DOCUMENTATION & CONTRACT CERTAINTY
We will always try to achieve ‘Contract Certainty’ for you - which is achieved by the complete and final agreement of all terms between you and insurers before inception or renewal of the contract.
Whenever possible we will obtain agreement on the full contract wording prior to inception or renewal and will look to issue you with appropriate evidence of cover or full policy document within 30 days of inception/renewal date if you are a commercial customer and within 5 days of inception/renewal date if you are a private individual.
To this extent we are largely reliant on the insurers providing accurate documentation specific to your needs and whilst insurers are improving in this area, we are unable to guarantee that ‘Contract Certainty’ will be delivered in accordance with these timescales. If, despite our best endeavours, we are unable to deliver ‘Contract Certainty’ at the point of inception or renewal then you agree to provide us with authority to bind cover on your behalf, unless you specifically withdraw this authority in writing.
Despite the authority you grant to us, we do our best to provide you with sufficient detail regarding any additional conditions, exclusions or warranties that have been applied specifically to your policy, that are not contained in the insurers standard policy wording for the contract that you purchase, prior to inception or renewal of the contract, so that you may make an informed decision.
Before we bind cover for you, you will be given a statement of demands and needs. You should read this carefully as it will set out our understanding of your needs and confirm why we have recommended a particular solution.
You will be provided with your renewal terms in good time prior to the expiry of your policy. Included in your renewal terms will be details of changes to the terms of the policy, and changes to directive-required information (information required under EU Directives), statement of price and information about cancellation.
Where ever possible, confirmation and proof of midterm changes/adjustments to your policy will be provided in good time, prior to the change taking effect.
For some types of insurance cover it is possible that a claim may be made under policy long after its expiry date and it is therefore important that you keep such documents safely.
7. WITHHOLDING DOCUMENTATION
We reserve the right to retain certain documents such as your Policy Motor Certificate or No Claims Bonus Proof until all applicable premiums, charges or fees have been paid. In these circumstances we will ensure that you receive full details of your insurance cover and will provide you with any relevant documents that you are required to have by law.
8. DUTY OF DISCLOSURE
It is your responsibility to provide complete and accurate information to insurers when you take out your insurance policy, throughout the life of your policy and when you renew your insurance. It is important that you ensure that all statements you make to us verbally or in writing and on proposal forms, claim forms and other documentation are complete and accurate. Commercial customers should be aware that any answer or statement made to us verbally or in writing and on any proposal form, claim form or other material document by any individual officer of the company shall be deemed to be accurate information for the company unless advised in writing otherwise. Failure to disclose any material information to your insurers could invalidate your insurance cover and could mean any claim or part of a claim not being paid. If we are requested to amend or enter additional information, on any form, we will send you a copy of the form indicating what we have done. It is your responsibility to advise us if any of this information is incorrect. You are advised to keep copies of documentation sent to you or received from us for your own protection. Please contact us if you are in any doubt on any aspect.
9. AWARENESS OF POLICY TERMS
It’s vitally important that you read the policy wording and schedule as soon as possible, along with any other contract specific information we send to you. It is this policy schedule and wording along with any certificate issued, which forms the basis of the insurance contract which you have purchased. If you are in any doubt of the cover basis, terms or conditions please seek our advice.
10. CLIENT MONEY
Under the terms of our agreements with the Insurance companies with whom we place business, we normally receive premiums you pay to us as Agent of the Insurer. In certain circumstances you may have the additional protection of insurance companies accepting that monies paid to us are treated as being received by them (Risk Transfer) Please ask for details.
All insurance premiums you pay to us are protected in a Statutory Trust Client Account until we pay insurers. We do not pay any interest on premiums held by us in the course of arranging and administering your insurance. In arranging your insurance we may employ the services of other intermediaries who are regulated by the FSA and your premium may be passed to these intermediaries for payment to insurers.
11. CANCELLATION OF INSURANCE
Your insurance policy may contain a right to cancel within a specified period of time of taking up the policy. You will be informed upon inception or renewal of your contract what cancellation rights apply to your policy and, if so, how and when you should exercise any such rights.
12. MARKET SECURITY
We do not guarantee the solvency or continuing solvency of any insurer and you should note that the financial position of an insurer can change after cover has incepted. If an insurer ceases trading, we will do our best to assist clients who are adversely affected in order to protect our clients' interests but you should note that in those cases of insurer insolvency where such an insurer has granted Risk Transfer, premiums held by us due for payment to the insolvent insurer will be deemed to have been paid to that insurer and therefore not returnable to clients; similarly, claims monies held by us will be returnable to the insolvent insurers or their liquidators.
It is essential that all claims are notified to us promptly. We will either issue a claim form or inform you what information is required and pass these details to insurers. If you are involved or become aware of an incident which may result in a claim under your policy then you must notify us immediately and we will promptly advise you of the action you must take. You must not admit liability nor agree any action on behalf of another without prior consent. Your insurer will require you to act promptly with any issue that they raise and we can provide advice in regard to these issues.
We will provide you with every assistance in submitting a claim and seeking to obtain reimbursement for you. However in the event that an insurer becomes insolvent or delays making settlement we do not accept liability for any unpaid amounts.
14. CONFIDENTIALITY & DATA PROTECTION
All information provided by you is deemed confidential and is not shared with any other body or organisation except insurers, regulators and other service providers that we recommend for your business purposes. When involved in such an incident we will only pass on sufficient information as is required for them to provide their service. Insurers share information and pass this to the claims and underwriting exchange database operated by Insurance Database Services Ltd (IDS Ltd) and the motor insurance Anti Fraud and Theft Register operated by the Association of British Insurers (ABI) They intend to check information provided and prevent fraudulent claims.
We treat all our clients’ records as confidential even when they are no longer a client. Unless for reasons described above, no information will be passed to another party without your prior consent except where we are legally obliged to do so, or when done so to meet our regulatory requirements. We cannot be held responsible for incorrect data held in the event of non-disclosure. We and anyone else involved in providing your insurance (even when you are no longer our customer), will treat all your personal information as private and confidential and retain it only for as long as necessary to meet regulatory or legal requirements.
We may use information we hold about you to provide you with details of other products or services which we offer which we feel may be appropriate to you, unless you advise us that you do not wish to receive such information. We may pass information about you to credit reference agencies for the purposes of arranging payments by instalments, and may also pass to them details of your payment record with us.
Under the Data Protection Act 1998 you have the right to see personal information about you that we hold in our records. Please note that we may make a reasonable administration charge for the provision of this information.
At Arthur Doodson (Brokers) Ltd we are committed to providing you with an exceptional standard of service however, if you wish to register a complaint, please contact us by writing to Complaints Officer, Arthur Doodson (Brokers) Ltd, Century House, Pepper Road, Hazel Grove, Cheshire, SK7 5BW, or, by phone Telephone 0161 419 3000
We will provide you with a copy of our full complaints procedure and respond to you promptly, and always within 5 working days. We will aim to make a final response to you within eight weeks, or keep you informed as to why this is not possible. In the event that your complaint relates to activities or services provided by another party, we will ensure that your complaint is appropriately forwarded in writing, and will track the progress of the complaint and responses of that party.
After our final response has been issued, if you still cannot settle your complaint with us, you may be entitled to refer it to the Financial Ombudsman Service, for an independent assessment and opinion.
The FOS Consumer Helpline is 0800 0234 567 or 0300 123 9 123 and their address is Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR.
We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the FSCS if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. Full details and further information are available from the FSCS.. The FSCS is the UK’s statutory fund of last resort for customers of authorised financial services firms, like us. The FSCS can pay compensation if an authorised firm is unable or likely to be unable to pay claims against it, usually because it has gone out of business or is insolvent.
Insurance advising and arranging is covered for 90% of the claim, without an upper limit. For compulsory insurances (for example, motor insurance and employers’ liability insurance), insurance advising and arranging is covered for 100% of the claim, without an upper limit. Further information about compensation scheme arrangements is available from the FSCS.
17. PRIOR INSURANCE CONTRACTS
In circumstances where you appoint us as your insurance intermediary to act in connection with policies arranged by another insurance intermediary, we will not be liable for any loss resulting from any action of your previous intermediary in this respect, howsoever caused. Unless instructed otherwise, we will not undertake to review any of your previous insurance contracts other than those in force at the time of our appointment.
In respect of any claims attaching to policies not arranged by ourselves, we will discuss with you how these claims are to be administered.
18. CANCELLATION RIGHTS AND PROCEDURES
Policies may be cancelled in accordance with the specific cancellation rights of the individual policy. Please refer to your policy wording for the specific details of the cancellation rights afforded under your policy.
Where policies are cancelled, they may be done so either by notifying us in person, or by telephone or letter or email, in accordance with any cancelation rights and specifications contained in the policy.
In the case of Motor Insurance, policies can only be cancelled by you once the Motor Insurance Certificates or Motor Cover Note has been returned.
Please note that refunds will only be payable in accordance with the terms of the policy. Refunds are not permitted under certain types of policy; please contact us should you have any queries regarding your policy in this respect.
19. TERMINATION OF THIS AGREEMENT
Our services may be terminated by either party by giving 30 days written notice to the other party, unless agreed otherwise. In the event that our services are terminated by you, we will be entitled to receive any fees or commission payable in respect of policies placed by us on your behalf.
Unless terminated in the manner stated above, this agreement will remain in force in its current format until such time that a new agreement is issued. In the case of a new agreement you will be notified of the terms within good time.
20. LAW AND JURISDICTION
This agreement which sets out the terms of our relationship with you is governed by and constructed in accordance with the law of England and Wales. Any legal action or proceedings arising out of or in connection with this Terms of Business Agreement will be subject to the exclusive jurisdiction of the courts of England and Wales.
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