With effect from this renewal the following enhancements or additional covers have been incorporated within your policy

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1 Date: 29 October 2014 The Breastfeeding Network FAO: Ms Farguhar PO Box Paisley PA2 8YB Renewing your Professional Liabilities Insurance Dear Clare, Towergate puts itself at the heart of what s important to you. As an insurance specialist we work hard to know our customers better than anyone else and I hope you have been happy with your policy and the relevant and personal service we provide. Your Professional Liabilities Insurance is due for renewal on 24/11/ and we d like to invite you to accept cover for another 12 months. **This claims made policy will only react to a claim being made against you whilst the policy is in force and active** **Please be aware that all cover ceases at expiry of the policy and no new claims can be reported to us** Providing you with a clear breakdown of what you are paying for is important to us. You will find this on the reverse of this page in the Your Insurance Policy box - this includes any additional products you may have selected as part of this policy. Should you choose to accept this renewal, your policy will be renewed with the same terms, sums insured and excesses that you ve enjoyed for the last 12 months and you can find those under Your Insurance Requirements and Our Recommendation section, also over the page. It s important we know that this still meets your needs, because we want you to remain our customer for many years. So please, before your renewal date and to enable us to renew your policy: Call us on and let us know that you ve reviewed the policy details I have provided and are happy to continue Let us know how you d like to pay for your cover. Direct Debit is easy to set up if you d like to spread the monthly payments Before calling to make payment for your policy, please ensure you have read the enclosed information and the policy continues to meet your requirements. Should anything need changing please contact us immediately. We are ready and waiting for your call Yours sincerely, Sarah Smith Customer Service Advisor Professional Liabilities Team Policy Reference: NETB01AM01 Insurer: AXA Insurance PLC Policy No: Expiry Date: 23/11/2014 The total cost for your policy is: Contact Us General Queries Claims TowergateProfessionalRi sks@towergate.co.uk About Us Towergate Insurance specialises in professional liability and professional indemnity insurance for a wide range of professions. We also offer specialist home insurance offering additional protection should you see clients at home or keep business equipment at home. This is cover that may be restricted under a standard home insurance policy. Opening Hours Monday Friday 8.30am 5.30pm Page 1

2 Statement of Price Your Insurance Policy: 5,000,000 in any one claim but 5,000,000 in the annual aggregate in any one Period of Insurance in respect of pollution contamination Insurer: AXA Insurance PLC Premium* Customer Service Charge Total If you wish to pay by Direct Debit you have two options. You can choose to pay over 3 payments, with the first payment of , and 2 further payments of You also have the option of paying over 10 months, where the monthly amount is 53.46, subject to an instalment charge of at 7.50%, APR 14.40%, total amount payable *all premiums include Insurance Premium Tax at 6% Notice to Policy Holders With effect from this renewal your policy is now underwritten by AXA Insurance UK plc. AS a result of this change there are a number of enhancements and changes to your policy which are confirmed on the enclosed changes summary. With effect from this renewal the following enhancements or additional covers have been incorporated within your policy Corporate Manslaughter is now included within your policy Inner limit for release of confidential Information has been increased to 10,000 The inner limit for PR consultancy has been increased to 50,000 The cover for complaints advice and response has now been raised to 1,500 The inner limit for Prosecution defence under H&SW and CP Act has been increased to 250,000 The daily sums for court attendance have been increased to 750 for the insured and 500 for an employee Other changes to your policy The complaints section within your wording has also been amended to reflect the change to AXA Insurance UK plc. Please refer to your new wording for updated contact details and procedures which is available from our website at Alternative Levels of Cover Although we have made our recommendation based on the level of cover you requested, there are alternative options available, they are as follows; 1,000,000 in any one claim but 1,000,000 in the annual aggregate in any one Period of Insurance in respect of pollution contamination Premium* Customer Service Charge Total If you choose to pay by direct debit, you have two options. You can choose to pay over 3 payments, with the first payment of , and 2 further payments of You also have the option of paying over 10 months, where the monthly amount is 30.99, subject to an instalment charge of at 7.50%, APR 14.40%, total amount payable *all premiums include Insurance Premium Tax at 6% Page 2

3 2,000,000 in any one claim but 2,000,000 in the annual aggregate in any one Period of Insurance in respect of pollution contamination Premium* Customer Service Charge Total If you choose to pay by direct debit, you have two options. You can choose to pay over 3 payments, with the first payment of and 2 further payments of You also have the option of paying over 10 months, where the monthly amount is 35.58, subject to an instalment charge of at 7.50%, APR 14.40%, total amount payable *all premiums include Insurance Premium Tax at 6% Your Insurance Requirements and Our Recommendation We recommend Professional Liabilities Insurance because the combination of cover, terms and conditions meet your insurance requirements as set out in your Demands and Needs statement below. The Insurer(s) has(ve) been selected on the basis of the product features they provide, their knowledge of similar risks and claims paying ability. Please make one final check that your sums insured/limits of indemnity are adequate as claims payments could be effected if any sums insured are too low. Your Demands and Needs Insurer: AXA Insurance PLC Please refer to enclosed schedule for full details Special Conditions / Limitations Requirements we have not met What s Changed? Endorsments 1, 2, 8 None There have been no significant changes, please ensure that you carefully read all documentation IMPORTANT - For the full wordings of special conditions, exclusions, limitations and all other conditions, please refer to the Policy Document and Schedule. Most policies contain certain conditions, sometimes called warranties or subjectivities. Failure to comply with a condition of your policy can result in a claim not being paid, or only part paid. The Insurer cannot only reject your claim but in certain circumstances avoid the policy as a whole. Duty of Disclosure It is your responsibility to provide complete and accurate information to insurers when you take out an insurance policy, throughout the life of your policy and when you renew your insurance. It is important that all statements you make on proposal forms, claim forms and other documents are full and accurate. Please note that if you fail to disclose any material information to your insurers, this could invalidate your insurance and could mean that, part or all of, a claim may not be paid. An example of such disclosure would be any loss or incident that did not result in a claim. Page 3

4 Our Insurance placement approach For the following insurance(s) that you have/will be quoted for, we have/will select your insurance policy/policies from a range of insurers. For the following insurance(s), that you have/will be quoted for, we offer you a policy/policies from a limited number of selected insurance companies. On request, we will give you a list of these. For the following insurance(s), that you have/will be quoted for, we have only offered you a policy/policies from one insurance company. For the following insurance(s) we have used another broker to help us place your cover. For the following insurance(s) we have used another part of the Towergate Group of companies, who act as an agent of the insurer. Professional Liability Insurance and Legal Expenses Insurance The following information is in relation to the insurance(s) we have arranged. Sourcing a suitable policy We act as your agent We act as agent of the insurance company Placing the insurance We act as your agent We act as agent of the insurance company In the event of a claim We act as your agent We act as agent of the insurance company How to Pay Direct Debit Debit or Credit Card Direct Bank Transfer Cheque There are several, easy ways to pay for your premium: You can set up your Direct Debit in one simple phone call. Call us and we will arrange this for you. If you opt to pay by 10 monthly instalments, this facility will be with our third party finance provider - Premium Credit Limited (PCL). They will then (subject to acceptance) send you a letter which will include confirmation of your monthly instalment scheme along with a credit agreement. It is imperative you return this credit agreement or acknowledge the agreement online. Full details of how to do this can be found in your welcome letter from PCL. If you wish to pay in one up-front payment by credit card, please note all credit card transactions under 500 are subject to a 5 charge. All credit card payments over 500 are subject to a 2% charge. No charge is made for payment by debit card. Paying by direct bank transfer is easy and means you don t incur any additional charges. Please send your payment to our client bank account: Bank: Royal Bank of Scotland Sort Code: Account Number: Account Name: Towergate Professional Risks Please ensure that you include the reference NETB01AM01 in your payment details to identify your payment to us. Please make your cheques payable to Towergate Professional Risks, nd send it to Department 8, Towergate, 5 Airport West, Lancaster Way, Yeadon, Leeds, LS19 7ZA. Page 4

5 However you choose to pay, please phone us on to arrange your payment in one quick and easy call. Our Payment Terms are included in the accompanying Terms of Business. Documents Enclosed Statement of Fact Summary of Cover Important Information Document & Terms of Business Policy Wording This details the information supplied by you to enable the premium to be calculated and the correct terms and endorsements applied to your policy. If any of the information on this document is incorrect you must notify us immediately. This forms the basis of the Contract between You and Insurers. This summarises the key features and exclusions of your policy(ies). By taking out this insurance policy you are entering into a contract with us. This document provides the terms and conditions between you and us, information about us, our services and costs, your rights and how to exercise them. This details the Insurer s standard policy wording and can be found at IMPORTANT: Please ensure you read all documentation and contact us immediately should you have any queries Page 5

6 Professional Liabilities Insurance Statement of Fact Please Read Carefully This is an important document, this Statement of Fact is a record of the information you have given us to the best of your knowledge and belief and on which your policy is based. You must check all the information shown here and contact us immediately on if any details are incorrect or there are any other known facts or matters which would be material to the underwriting of this risk. If you do not do so, we may, at our option, cancel the policy or refuse to deal with your claim or reduce the amount of any claims paid. The insurer relies on these facts when issuing the quote or providing cover. Failure to disclose all relevant material facts may invalidate your policy or may result in the withholding of benefit. Any alterations to the Statement of Fact take precedence over Information previously provided. In addition to the information below, you have confirmed the following: You and any Employees carrying out each of the activities or therapies listed is appropriately qualified (or on an approved training course leading to a recognised qualification). Reason for Issue Client Reference Renewal NETB01AM01 Policy Number Policy Holder The Breastfeeding Network Postal Address PO Box 11126, Paisley, PA2 8YB Period of Insurance From 24/11/2014 To 23/11/2015 Renewal Date 24/11/2015 Telephone Number Address finance@breastfeedingnetwork.org.uk Date of Issue 29 October 2014 Page 6

7 Business Activities and / or Therapies This policy covers liabilities arising from the following business activities only: Professional Activities for the Breastfeeding Network Please refer to the policy wording for the description of any endorsements If you are carrying out, or have in the past carried out, any activities or therapies not listed, you must notify us immediately so we can extend your cover as necessary. Declaration Are you a Partner or Director of a firm for which cover is required? Yes You have advised that you have 2 employed consultants and your estimated Turnover is 50, Has any insurer ever declined or refused insurance cover, or have you had cover cancelled, or been subject to special terms in respect of any covers to which this insurance relates? Have any claims in respect of Professional Liability been made against you prior to inception of this policy? Other than claims already notified to us are you aware of any circumstances which may give rise to a claim against you? Do you require training cover? No No No No Limit of Indemnity The Limit of Indemnity you have chosen is 5,000,000in any one claim but 5,000,000 in the annual aggregate in any one Period of Insurance in respect of pollution contamination Changes to the information shown may, in some instances, result in amendments to your terms or conditions, or refusal of cover. Your insurance is valid for the period shown on your Certificate of Insurance. If the information above is correct you do not need to return this Statement of Fact, simply keep it safe together with the other documents relating to this insurance. Page 7

8 Important Information Personal Data The insurer for policies written under this scheme is AXA Insurance PLC. Legal Expenses are administered by ARAG plc. The scheme and legal expenses are administered on their behalf by Towergate Underwriting Group Limited (Towergate). To set up and administer your policy AXA Insurance PLC, ARAG plc and Towergate will hold and use information including sensitive personal information (sensitive personal information may include such things as criminal convictions and health information) about you, supplied by you. All personal information supplied by you will be treated in confidence by AXA Insurance PLC, ARAG plc and Towergate and will not be disclosed to any third parties except where your consent has been received or where permitted by law. In order to provide you with products and services this information will be held on the data systems of AXA Insurance PLC, ARAG plc and Towergate and their agents and subcontractors. For marketing purposes only, Towergate may send your personal information to other companies within their respective Group or other companies acting on their instructions for processing on their behalf. Some of these companies may be based outside Europe in countries which may not have laws to protect your personal data, but in all cases, we will ensure that it is kept securely and only used for the purpose for which you provided it. If you would prefer your personal information not to be shared for marketing purposes, please contact us. IPT - Insurance Premium Tax The Finance Act 1994 requires us to levy Insurance Premium Tax at the prevailing rate on insurance premiums. For further information please ask us. Law Applicable The parties to the policy have the right to choose the law applicable to the policy. Unless the parties agree otherwise, in writing, any dispute concerning the interpretation of this proposal or the policy shall be governed and construed in accordance with English law and shall be resolved within the nonexclusive jurisdiction of the courts of England and Wales. Declaration By accepting this Statement of Fact you have declared that all relevant information has been fully disclosed and that full and true answers have been given to all questions and, if you have not given full and true answers to all questions asked on this Statement of Fact, your insurer may not protect you in the event of a claim. You have also agreed to accept the insurer s standard form of policy and endorsements for this insurance. AXA Insurance UK Plc A member of the AXA Group of Companies. Registered in England No Registered office: 5 Broad Street, London, EL2N 1AD., ARAG plc is Authorised and Regulated by the Financial Conduct Authority, registration number ARAG plc and Brit Syndicate 2987 at Lloyd s are covered by the Financial Ombudsman Service. Authorised and Regulated by the Financial Conduct Authority. This can be checked on the FCA s register by checking the FCA website at or by contacting them on Page 8

9 Certificate of Professional Liability Insurance Name Certificate Number Reason for Issue Business The Breastfeeding Network NETB01AM01 Renewal Professional Activities for the Breastfeeding Network Please refer to the policy wording for the description of any endorsements If you are carrying out, or have in the past carried out, any activities or therapies not listed, you must notify us immediately so we can extend your cover as necessary. Insurer Master Policy Number AXA Insurance PLC and ARAG plc in respect of Legal Expenses Insurance RKK Period of Insurance From To 24/11/ /11/2015 Both dates inclusive Limit of Indemnity 5,000,000in any one claim but 5,000,000 in the annual aggregate in any one Period of Insurance in respect of pollution contamination Endorsements 1, 2, 8 Professional Liability Insurance includes cover normally provided by: Public Liability your liability for death of, or injury to, third parties or the loss of, or damage to, their property; Professional Indemnity the risk of being sued for an error in your professional activities; Product Liability your liability for injury, loss or damage caused by products supplied, or by errors in products supplied; Libel & Slander your liability for allegations that you have libelled or slandered someone else in good faith. Page 9

10 This certificate forms part of and attached to the policy wording. Both Documents must be read together Legal Expenses This service is provided by ARAG Legal Services Ltd and is available 24 hours per day, 365 days per year. Scheme Number Telephone Please quote the Scheme number when calling the Helpline and advise the operator of the service that you require. Operative Covers Employment Disputes (applicable to policy holders with employees) Employment Compensation Awards (applicable to policy holders with employees Tax Protection Property Compliance and Regulation Employees extra protection Contract and Debt recovery Business Legal Advice Helpline Counselling Helpline Limit of Indemnity Aggregate Limit Excess 125,000 per claim 1,000,000 per annum (Employment Compensation Awards) 250 in respect of Aspect Enquiries under Tax Protection 500 in respect of Contract Disputes if the amount in dispute exceeds 5,000 Non Standard Endorsement(s) AXA Insurance UK Plc A member of the AXA Group of Companies. Registered in England No Registered office: 5 Broad Street, London, EL2N 1AD., ARAG plc ARAG plc is Authorised and Regulated by the Financial Conduct Authority, registration number ARAG plc and Brit Syndicate 2987 at Lloyd s are covered by the Financial Ombudsman Service. Authorised and Regulated by the Financial Conduct Authority. These can be checked by visiting the FCA Website at or by contacting the FCA on Page 10

11 Professional Liabilities Summary of Cover This Commercial insurance policy is designed to meet the needs of professionals who wish to protect themselves in the event of civil liabilities arising from their business and professional activities. Civil Liabilities The policy provides cover in the event of civil (as opposed to criminal) liabilities arising from your Business and professional activities as described on your Certificate of Insurance, and provides an indemnity to you / your organisation and any employees whilst acting on your behalf. It includes cover for your liability for the acts or omissions of any sub-contractors but will not (unless we have agreed in writing) provide an indemnity to sub-contractors. The policy combines cover that would be provided by Professional Indemnity, Public Liability, Libel & Slander and Product Liability Insurances and covers any amount you may have to pay as compensation up to the limit(s) shown in your certificate. Limit of Indemnity Your chosen limit applies to each and every event, but applies in the aggregate in any one period of insurance in respect of claims for pollution or contamination. For the purposes of this insurance all claims arising as a result of any one occurrence, or all occurrences of a series of attributable to one original cause will be regarded as a single claim. Legal costs are payable by the insurers in addition to the chosen limit of indemnity, except under Employers Liability cover (if selected) where costs are included in the limit of indemnity. There is no excess or deductible under this insurance. The insurers for this product are AXA Insurance UK plc and Novae Insurance Company Ltd. Additional Covers In addition to civil liabilities, the policy provides the following covers: Complaints Advice & Response and Disciplinary Hearings The policy includes professional assistance up to 1,500 to provide you with guidance in the early stages of a complaint made about you, or in person acting in connection with the business, to your professional body or other regulator. The intention of this cover is to help you submit a response to the complaint. In addition, the policy provides cover for representation at a disciplinary hearing by any professional regulator, including appeals against any judgement given. Legal Defence for Criminal Proceedings The policy provides cover for legal defence following criminal proceedings regarding: Health and Safety at Work etc Act 1974 Part II of the Consumer Protection Act 1987 Part II of the Food Safety Act 1990 Other criminal prosecution where such prosecution is likely to lead to a civil claim under this policy. A limit of 100,000 applies to this section. It will not, however, pay any fines or penalties. Page 11

12 Court Attendance Costs If you are required to attend court as a witness in connection with a claim under this policy, the policy will reimburse the following amounts: The Insured or any Director or other official Any employee 750 per day 500 per day Release of Confidential Information Where you are required by a UK court or tribunal to disclose notes or information of a confidential nature not relating to a complaint or claim against you, the insurance will cover costs to assist with the preparation of arguments as to why they should not be released. In addition, where appropriate, the insurers will pay towards your costs in preparation of a report in lieu of releasing your notes. Cover under this section is limited to 5,000. Public Relations Consultancy Fees In order to minimise or prevent a potential claim against you, cover up to 25,000 is provided. Fees Recovery If a client refuses to pay your fees on the grounds of alleged negligence on your part and threatens potential counter-claim, the policy will reimburse you with the cost of waiving your fees if this is judged by the insurers to be an effective means of resolving the matter and preventing a legitimate claim from arising. Loss of Documents Cover is provided up to a limit of 50,000 in respect of loss of or damage to documents held in trust by you and for which you are responsible. Cancellation Rights There is no automatic right of cancellation under the policy. Once the contract has been concluded there will be no refund of any of the premium paid. When does the policy operate? The policy is issued on a Claims Made basis, which means that cover applies when a claim is made against you irrespective of when the incident which gave rise to the claim is alleged to have occurred. Most policies which operate in this way have a Retroactive Date (a date stated in the policy prior to which any incidents are excluded from cover) and this is often set as the inception date of the policy. Our policy does not have a Retroactive Date. This means that cover will apply to incidents which occurred prior to inception as long as when you take out the insurance you are not aware of any circumstances which could give rise to a claim. Run-Off Cover It is important to remember that the insurance can only respond to a claim if the policy is in force at the time the claim is made against you. If you cease to practice or trade by reason of death, retirement or career break, and providing you are insured as either an Individual or Sole Trader limited company, run-off cover is normally available. If you wish to take advantage of the above option, or if you are a Limited Company with more than one director, or in any other circumstances, you should contact us. Page 12

13 Main Exclusions The policy does not provide cover for the following: Liability to Employees The policy does not provide any cover for claims made against you in respect of any injury to any employee out of and in the course of their employment with you, unless the option for Employers Liability cover is selected. Nor does it provide cover for any dispute between you and any present or former employee or any person who has been offered or refused employment with you. If you have employees, and not selected Employers Liability Insurance, you should talk to us. Liabilities which should be insured under other types of policy Such as Motor Insurance or Employment Practices Liability. Business Risks Such as contracts for supply of services to your business, your insolvency, trading losses, or pension & benefit schemes. Deliberate Acts Any intentional act, unless this is designed or intended to be part of the Professional Services provided. Controlling Interests Any claim arising out of work for a business in which the Insured has a controlling interest or is in a position to make a major policy decision on behalf of such business. Where am I Covered? The policy provides cover for you to work anywhere in the world and includes work in America or Canada as long as you do not have premises in those territories (please refer to the policy for details). IMPORTANT Employers Liability Insurance (if selected) You must display your Certificate of Employers Liability Insurance, either electronically or as a paper copy, where your employees can easily see it. We recommend that you retain a copy of your insurance certificate as a claim can arise many years after the incident giving rise to it has occurred. This is a summary only of the cover, together with the main exclusion(s), and is provided so that you have sufficient details to enable you to make an informed choice. Please refer to the policy wording for full details or contact us if there is anything specific you would like to discuss. The Insurance is underwritten by AXA Insurance UK Plc A member of the AXA Group of Companies. Registered in England No Registered office: 5 Broad Street, London, EL2N 1AD., ARAG plc is Authorised and Regulated by the Financial Conduct Authority, registration number ARAG plc and Brit Syndicate 2987 at Lloyd s are covered by the Financial Ombudsman Service. All the above are Authorised and Regulated by the Financial Conduct Authority. This can be checked on the FCA s register by checking the FCA website at or by contacting them on Page 13

14 ARAG Legal Expenses Cover and Significant Exclusions Significant Features and Benefits The insurer will pay the insured s legal costs & expenses (and compensation awards under Insured Event 2) up to the limit of Indemnity, including the cost of appeals for claims reported during the period of insurance for the following events Significant Exclusions and Limitations The Insured s claim must always be more likely than not that the claims will be successful. It must also be reported to us immediately after the insured first becomes aware that a claim has occurred. The insured must always use the appointed advisor nominated by us prior to the issue of proceedings or in any claim falling under the jurisdiction of an Employment Tribunal or the small claims court. Legal costs, expenses and compensation awards incurred prior to the acceptance of a claim. 1. Employment (applicable to policy holders with Employees We w ill cover an employment dispute with a past, Any redundancy-related claim occurring within present or prospective employee, arising from a 180 days of you taking out this policy. contract for services and / or statutory Any dispute to a transfer under TUPE employment rights. Any dispute or related costs occurring prior to the conclusion of the relevant grievance / disciplinary procedures. 2. Employment Compensation Awards We will pay a basic and compensatory award made against you by a tribunal, or an amount agreed by us in settlement of a dispute, where we have accepted you claim under Insured Event Tax Protection We will cover a formal aspect or full enquiry into your business tax affairs, and appeal proceedings following an assessment by HM Revenue & Customs relating to VAT 4. Property We will cover an event which causes physical damage to your property, public or private nuisance or trespass, and recovery or repossession of property from an employee or exemployee. Any claim for redundancy where you have not sought our prior advice Money do to an employee under a contract of employment. We will not pay the first 250 of any claim relating to a formal aspect enquiry. Any investigation by the Specialist Investigations Branch of HM Revenue and Customs. Any claim where you have acted negligently or have not met legal timescales. Any claims where a contract exists between you and the third party. Defending a claim brought against you unless defending a counter-claim. 5. Compliance and Regulation We will cover claims regarding the suspension, revocation or refusal to renew your statutory licence, an event leading to the insured being prosecuted in a court of criminal jurisdiction, and defence of a civil action brought under then Data Protection Act Employees extra protection We will cover the defence of an employee in civil Page 14

15 proceedings brought for unlawful discrimination, or as a trustee of the company pension fund, or the pursuit of a personal injury claim by an employee or a member of their family. Legal & Tax Advice The insured can use the legal advice service 24/7 and the tax advice service between 9am 5pm weekdays (except bank holidays) We will not put any advice in writing. Legal advice will be restricted to business matters within EU Law. Tax advice is restricted to UK tax regulations. Counselling Advice The insured can use this telephone service 24 hours a day 365 days of the year 7. Contract and Debt Recovery We will cover contract disputes and debt recovery actions relating to the purchase, hire, hire purchase, lease, servicing, maintenance, testing, sale or provision of goods or services, providing the amount in dispute exceeds 200. You are responsible for the first 500 if the amount in dispute exceeds 5,000. Computer systems which have been tailored to your requirements. The sale or purchase of any land or buildings. Financial Products. If the claim occurs in England & Wales and falls outside the jurisdiction of the small claims court, cover is limited to own side s costs only and the insured must enter into a conditional fee agreement with the appointed advisor, or the appointed advisor must enter into a collective conditional fee agreement with us. Meaning of Words and Terms Territorial Limit The United Kingdom, Channel Islands and the Isle of Man, except for Contract and Debt Recovery and Compliance & Regulation where cover extends to the European Union. Limit of Indemnity The maximum the Insurer will pay is 125,000 Period of Insurance Your policy runs for 12 months, though either party can cancel it earlier subject to the terms and conditions of the policy. Page 15

16 Important Information and Commercial Terms of Business Contents Important Information Who are we regulated by? Are we covered by the Financial Services Compensation Scheme ( FSCS )? Complaints Our remuneration Our services Charges we make for our services Terms of Business Terms of Business ( Terms ) Fees in Lieu of Commission Your legal duty to disclose information to us and insurance companies Cancellation and Mid-Term Adjustments Our right to set off monies you owe us Information on our remuneration Insurer Solvency Limitation/Exclusion of Liability How to make a claim Terms of Payment Payment of premium using Third Party Instalment facilities Renewal of Policies How we hold your money Confidentiality and Data Protection No Waiver, Amendments and Our Right to Assign Governing Law Information regarding your Insurance Policies - General Companies Insured Description of Your Business Reasonable Precautions Property Insurance Material Damage Sums Insured Average Clause Gleeds Durden Professional Valuation Service Business Interruption Insurance Page 16

17 Liability Insurance Liability Indemnity Limits The Employer s Liability (Compulsory Insurance) Regulation Motor Insurance The Motor Insurance Database (MID) Commercial IDD version 20 th June 2014 Page 17

18 Important Information 1 Who are we regulated by? The Financial Conduct Authority ( FCA ) is an independent watchdog that regulates financial services. We are authorised and regulated by them and you can check this on the Financial Services Register by visiting the FCA s website or by contacting the FCA on Our permitted activities are recommending insurance policies (and in cases where we do not give a recommendation we will tell you); arranging insurance cover; dealing as agent and assisting with the administration and performance of policies all in connection with general insurance. 2 Are we covered by the Financial Services Compensation Scheme ( FSCS )? Yes. You may be entitled to compensation from the scheme if we or your insurer cannot meet our obligations, depending on the circumstances of the claim. The FSCS does not apply to the following types of insurance: aircraft, ships, goods in transit, aircraft liability, ship s liability and credit. For compulsory classes of insurance, insurance advising and arranging is covered for 100% of any claim, without upper limit. For other classes, coverage is 90% of any claim without upper limit. Further information about compensation scheme arrangements is available from the FSCS at 3 Complaints Our objective is to provide a high standard of service to you at all times. However we recognise that things can go wrong occasionally and if this occurs we are committed to resolving matters promptly and fairly. If you wish to register a complaint please contact us: in writing, to the Managing Director at the address shown on the letter (or business card) that accompanies this document, or; by , using the address shown on the letter document (or business card) that accompanies this document, or; by telephone, using the number shown on the letter document (or business card) that accompanies this document, or; in person, at the address shown on the letter (or business card) that accompanies this document. In all cases please quote your policy number or other reference we have given you. If you cannot settle your complaint with us you may be entitled to refer it to the Financial Ombudsman Service. Our Complaints Procedure is available upon request. 4 Our remuneration 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 we receive from underwriters. You are entitled, at any time, to request information regarding commission and other earnings we have received as a result of placing your insurance business. Page 18

19 5 Our services Our services may include advising you on your general insurance needs, arranging insurance cover with insurers to meet your requirements, issuing policy documentation to you in a timely manner and helping you with any ongoing changes you wish to make to your insurance. We may also help you make a claim against your policy. We will endeavour to ensure that the products or services we offer you match your stated requirements. We will seek to identify your insurance needs in reliance upon information which you provide to us. If we cannot match your requirements, we will explain the differences in the product or service we can offer you. If we cannot match all your requirements, we will seek to provide you with enough information so you can make an informed decision about your insurance. We will explain the main features of the products and services we offer you including details of the insurer, main details of cover and benefits, any unusual restrictions or exclusions, any significant conditions or obligations which you must meet and the period of cover. If you need extra time to consider the products or services we have offered you, we will endeavour to confirm: (a) how long you have to accept the insurance on the terms we have offered, and/or; (b) give you a written quote if you request one, including all the information we believe you need to make an informed decision, and/or; provide you with a sample policy if you ask for one. Where we are not providing advice or a recommendation we may ask you some questions to narrow down the selection of products we will provide details on. You will then need to make your own choice about how to proceed. 6 Charges we make for our services In addition to commission paid to us by insurers, we may charge a fee for our services (typically when you buy or renew a policy) however you will always be informed of any such charge before you purchase a policy. Our fees are non-refundable even if you cancel your policy. During the term of the policy we may charge up to 50 for issuing duplicate documents and up to 50 for changes to your policy. We may charge a fee for payments made with a credit card, up to 10 for transactions up to and including 500, and up to 4% of the transaction for amounts above 500. All fees are exclusive of any applicable tax that may be levied from time to time. In certain circumstances your insurer may repay part of your insurance premium(s) to us. This can occur where, for example, the risk covered by your policy is reduced or the policy itself is cancelled. Where the amount of the refunded premium is less than 10 (per policy) we will retain such amount, but where a mid-term adjustment or cancellation charge is made we will set it off against such charge. This paragraph does not affect any cancellation/refund rights which you may have. Page 19

20 Terms of Business 1 Terms of Business ( Terms ) In these Terms references to we or us are to the firm whose details are set out in the covering letter that accompanies these Terms. We recommend that for your own benefit and protection you should read these Terms carefully. These Terms constitute our standard client agreement upon which we intend to rely and will apply to our appointment by you and the services we will provide. If you do not understand any point please ask for further information. IN PARTICULAR we draw your attention to Section 4 and Section 8 of these Terms which relate to the amount you will receive if you cancel your policy, and the maximum amount we will be liable for in the event of our negligence. These Terms supersede all proposals, prior discussions and representations (whether oral or written) between us relating to our appointment as your agent in connection with the arranging and administration of your insurance. These Terms constitute an offer by us to act on your behalf in the arranging and administration of your insurance in the absence of any specific acceptance communicated to us by you (whether verbal or written) you are deemed to accept our offer to act for you on the basis of these Terms by conduct upon your instructing us to arrange, renew or otherwise act for you in connection with insurance matters. If you do not wish to be bound by these Terms then you should not instruct us to arrange, renew or otherwise deal with your insurance needs. 2 Fees in Lieu of Commission This paragraph applies where we have, as an alternative to commission, agreed to charge fees in lieu ( FIL ). Where we have agreed to charge a FIL the services which we shall perform shall be set out in a separate service summary ( Service Summary ). Any commission which we receive which is directly connected with the insurances placed by us on your behalf will be retained by us and set off against the FIL and any other amounts from time to time due and payable by you under this Agreement. Unless otherwise agreed by us the FIL will cover the period set out in the Service Summary. The FIL is calculated by reference to the full term of insurance policy or policies arranged for you. Unless we agree otherwise no refund of any FIL or other remuneration shall be payable in the event that (for whatever reason) the actual period of insurance is less than the full term or you terminate this Agreement before the expiry of any policy arranged by us on your behalf. In the event that, as a consequence of any insurance being for less than the full term, or your termination of this Agreement, we are obliged to refund any commission which has been paid to us and retained by us in lieu of all or part of the FIL we reserve the right to charge you for the amount of commission refunded. We reserve the right to charge fees in addition to the FIL where you request services which go beyond those specified in the Service Summary. We will agree these additional charges with you before they are incurred, failing which the additional fee will be calculated by reference to the hourly charge out rate (from time to time) which applies to the staff involved in providing such additional services. The hourly charge out rate for any additional services is subject to any applicable tax which may be levied from time to time and does not include travelling or other expenses where the additional services are performed other than at our offices. Page 20

21 3 Your legal duty to disclose information to us and insurance companies It is your responsibility to provide complete and accurate information to insurers when you take out your insurance policy, throughout the life of the policy and when you renew it. It is important you ensure that all statements you make on the proposal form, claim forms and other documentation are full, frank and accurate. If you are in any doubt as to the relevance of any information you should disclose it. Please note that if you fail to disclose any material information or change of circumstances to your insurers, this could invalidate your insurance cover and could mean that part or all of a claim may not be paid. We strongly recommend that the information provided is checked thoroughly prior to submission and that you keep a record of all correspondence supplied in relation to the arrangement of your insurance cover. Please also note that any renewal of insurance will be made in reliance upon the information provided by you in connection with your previous insurance policy we will assume that such information remains correct unless you tell us otherwise. 4 Cancellation and Mid-Term Adjustments Please note that cancellation rights vary between insurers and you should check their documentation if you are considering cancelling your policy. To exercise your right of cancellation, you should contact the insurance company or contact us either by telephone or by letter in each case in the manner and within the time limits set out in your policy documentation. If you exercise your right to cancel your policy your insurer will, as a minimum, charge you for the period during which you were covered, and other charges may be applied to cover the insurer s and our costs in arranging the cancelled policy. Be aware that some insurers do not offer any refund of premiums for cancelled policies. Where you cancel your policy or where you request a mid-term adjustment which reduces the cover provided under the policy, we may charge you for our time and costs. This will result in us reducing the amount refunded to you by the FULL amount of the commission and fees we would have received had you not cancelled or amended your policy. The reason for this is that the majority of our costs are incurred either in initially finding and setting up your policy or in the annual renewal process when we might check the ongoing suitability of the cover the policy offers. These costs are recovered through the commission and fees we earn. If you cancel, this does not give us an opportunity to recover the costs we incurred and would often result in us making a loss. However, any charge made will not exceed the cost of the commission and fees we would have earned. Where you are paying for your insurance by instalments (and an instalment payment is not received by us or the relevant premium finance provider on or before the date when it is due to be paid) you agree that we may on your behalf instruct the insurer to cancel the insurance (or where the first instalment payment has not been received, notify the insurer that the policy has not been taken up) and offset any refund of premium which may be received against any money which you owe to us, the insurer and/or the premium finance provider. In such circumstances you will remain liable for any time on risk or other charge. You will also be responsible for putting in place any alternative insurance. 5 Our right to set off monies you owe us We shall be entitled (but not obliged) without notice to you to set off any amounts due to us from you against any amounts which we may receive on your behalf (such as claims monies, refunded premiums and other sums). Page 21

22 6 Information on our remuneration Other companies (including members of our group of companies) may act as underwriting agents, intermediaries for insurers or Lloyd s/london Market placing brokers in connection with your insurance. Where such companies are involved in placing or servicing your business they may charge an administration fee or other payment which will be passed on to you and disclosed separately from the cost of your insurance. Such businesses earn commission in respect of placing such business which is separate from that which we receive. In addition to commission paid to us by insurers we may earn a profit-share, management or administrative fees and other payments from insurers for efficiently managing business transacted with them. These payments may be calculated by reference to various criteria such as overall annual profitability of the insurance business transacted, taking into account the total amount of claims arising under policies we place with them. Profit-share payments are not directly referable to individual policies and consequently it is not possible to calculate such payments on an individual policy basis, meaning that we are unable to disclose to you how much your policy contributed to any profit-share payment we might receive. Ordinarily, and if such a profit-share payment is received (which is not guaranteed) it represents a small proportion of the normal commission we receive and will be retained by us. Depending on the services you have asked us to perform we may earn referral fees from third parties which are incidental to the insurance arranged for you. Examples include arranging premium financing and risk management. In each case we will retain these payments. From time to time insurers may make loan facilities available to us on commercially advantageous terms as an incentive for us to efficiently and profitably manage business transacted with them. This may involve (for example) reduced or nil interest rates and extended repayment terms which apply to such loans, provided we meet or exceed efficiency and profitability targets set by the insurers in respect of the business we have placed with them. For each insurance contract, including any subsequent renewal, you have a right to request information regarding any remuneration that we may have received as a result of placing your insurance business. During the course of our appointment we may hold certain monies on your behalf. This may include premiums to be paid to insurers, commissions derived from your insurance, claims monies and other sums. Interest and investment returns are derived from such sums whilst temporarily held on your or your insurer s behalf will belong to and be retained by us in addition to any other remuneration which we may earn in connection with the services which you have asked us to perform. 7 Insurer Solvency We endeavour to place business with insurers with adequate levels of financial solvency but cannot guarantee the solvency of any insurer. We do not monitor insurer solvency on an ongoing basis, and shall not be liable for losses suffered by you in the event of the insolvency of an insurer. 8 Limitation/Exclusion of Liability Your Attention is specifically drawn to this clause which limits or excludes our liability to you. Page 22

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