Terms and Conditions

1. ACCEPTING OUR TERMS OF BUSINESS

By asking us to quote for, arrange or handle your insurances, you are providing your informed agreement to these Terms of Business. We draw your particular attention to:

the section headed “Use of Personal Data” and specifically the paragraph explaining how “sensitive personal data” will be used;

the section headed “Handling Money”, which explains our terms for handling client money in a Statutory Trust account; and

the section headed “Credit Checks” which explains that credit checks may be conducted.

For your own benefit and protection, you should read these terms carefully. If you are unsure or if you have any questions about the contents of this document or have any questions regarding our relationship with you, please contact our Managing Director who will be pleased to assist you.

2. THE FINANCIAL CONDUCT AUTHORITY

Robinson Buckley is a trading name of Headley Insurance Services Ltd.

Headley Insurance Services Ltd is authorised and regulated by the Financial Conduct Authority (FCA) under Firm Reference number 306701. Our permitted business is introducing, advising, arranging, dealing as agent, assisting in the administration and performance of general insurance contracts, and broking, collecting and administration in relation to credit agreements.

You may check this on the Financial Services Register by visiting the FCA’s website https://register.fca.org.uk or by contacting the FCA on 0800 111 6768.

3. OUR SERVICE

This document sets out our commitment to you as our client and sets out the principles we follow in doing business with you.

Our role is to advise you at all times and make a suitable recommendation after we have assessed your needs. In situations where we are able to arrange insurance for you but do not offer advice, we shall confirm the position to you in writing. We will not in any circumstances act as an insurer nor guarantee or warrant the solvency of any insurer. In helping to arrange insurance premium finance we will provide you with information to allow you to make a choice but we will not provide a recommendation. It is our aim to treat our clients fairly at all times.

We select personal and commercial insurances from a range of insurers but, for certain products, we may only deal with a single insurer or select from a limited number of insurers. We will give you further information about this before we finalise your insurance arrangements and you may ask us for a list of the insurers we deal with for these products. We act as a credit broker in arranging insurance premium instalment facilities either with your insurer(s) or with Close Brothers Premium Finance.

If we propose using another intermediary to help place your business we will confirm this to you in good time before any arrangements are finalised. In providing our service we may sometimes act as an agent of the insurer. We will confirm the capacity in which we will act for you before undertaking any relevant transactions on your behalf.

4. INSTRUCTIONS

To avoid any misunderstandings, please provide your instructions to us in writing (by letter, email or facsimile). In urgent cases, we will of course accept verbal instructions but request that they are confirmed in writing as soon as possible.

5. YOUR RESPONSIBILITIES

You are responsible for answering any questions in relation to any proposal for insurance cover honestly and to the best of your knowledge, providing complete and accurate information which insurers will require. This also applies to your responses in relation to any assumptions you may agree to in the process of applying for insurance cover. This is particularly important before taking out a policy but also at renewal of if you make a mid-term amendment to your policy. If you are a commercial customer, you have a duty to give a fair presentation of the risk to an insurer based on your reasonable understanding of the risks to your business. This is one which clearly discloses all material facts which your senior management and the persons responsible for arranging your insurance know, or ought to know, following a reasonable search of information available to them. It should include all facts that would influence the judgement of the insurer or that would put the insurer on notice that it needs to make further enquiries. If you fail to disclose information, misrepresent any fact which may influence the insurer’s decision to accept the risk or the terms offered, or fail to make a fair presentation of your risk to the insurer, this could invalidate the policy and mean that claims may not be paid. You must check all details on any proposal form or statement of facts and pay particular attention to any declaration you may be asked to sign.

It is important that you read all insurance documents issued to you and ensure that you are aware of the cover, limits and other terms that apply. Particular attention must be paid to any warranties and conditions as failure to comply with them could invalidate your policy.

You must inform us immediately of any changes in circumstances which may affect the services provided by us or the cover provided by your policy.

If you are unsure about any matter, please contact us for guidance.

6. CONFIRMATION OF COVER

We will provide you with policy documents and/or certificates and/or cover notes and/or written confirmation that cover has been put in place, including the terms of the insurance(s) and the insurers involved. These will be sent to you within 7 working days for personal insurances and within 30 calendar days for all other clients.

7. PAYMENT OF PREMIUM

Full payment of premium and fee, if applicable, is due before cover commences, or as otherwise stated under terms of credit or in the invoice or statement issued to you.

8. COSTS AND REMUNERATION

We:

(a) will provide a quotation which will tell you the total price to be paid and which identifies any fees, taxes and charges separately from the premium before your insurance arrangements are concluded;

(b) may impose a fee of £25 in addition to the premium required by the insurers for duplicate documentation, mid-term changes, new business, renewals, cancellations or £10 for copies of personal data we hold about you;

(c) are normally paid for arranging the insurance in the form of commission paid to us by the insurers underwriting the insurance, or in the form of a commission from Close Brothers Premium Finance for arranging insurance instalment facilities, unless we have an arrangement with you that our services are provided for an agreed fee;

(d) will as well as any commission or an agreed fee, as appropriate, be entitled to benefit from:
— any earnings we are able to generate due to the amount of business placed with certain insurers and their underwriting performance, which are not identifiable to any specific client; and
— retain interest earned or monies held in our “Statutory Trust” account;

(e) will on request, be pleased to provide information about any commission received by us in the handling of your insurances.

As insurance brokers, we sometimes ask other brokers to assist us in responding to your instructions where we believe this is to your benefit. Unless a fee arrangement has been agreed, these brokers will usually be paid by brokerage which will be included in the premiums charged.

9. HANDLING MONEY

Our financial arrangements with most insurance companies are on a “risk transfer” basis. This means that we act as agents of the insurer in collecting premiums and handling refunds due to clients. In these circumstances such monies are deemed to be held by the insurer(s) with which your insurance is arranged. However if risk transfer does not apply, such monies will be held by us in a statutory trust account set up in accordance with FCA rules. Interest earned on monies held in such a statutory trust account will be retained by us. For the purpose of some transactions, client money may pass through other authorised intermediaries before being paid to the insurer.

10. CLAIMS HANDLING ARRANGEMENTS

You should take note of the required procedures in the event of a claim, which will be explained in the policy documentation. Generally, insurers require immediate notification of a claim or circumstances which might lead to a claim. We will employ due care and skill if we act on your behalf in respect of a claim.

If we act on behalf of an insurer in negotiating and settling claims we will inform you that we will be acting on behalf of the insurer, not yourselves, before your insurance arrangements are concluded and again at the point of a claim.

11. CANCELLATION OF INSURANCE

You should make any request for the cancellation of a policy in writing and any relevant certificate of insurance must be returned to us or to the insurer concerned.

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.

12. ‘COOLING-OFF’ PERIOD

This paragraph is relevant ONLY to clients who are private that are not acting solely for the purpose of their own business or for policies of more than one month’s duration.

There is a ‘cooling off’ period of 14 days after the contract is concluded or from the date the contractual terms and conditions are received by you, whichever is later. If you do not want to continue with the insurance, you may cancel your cover within the period and receive a full refund less any charge made by insurers (as long as you have not made any claims).

13. USE OF PERSONAL DATA

We will process any personal information we obtain in the course of providing our services to you in accordance with the Data Protection Act 1998. In administering your insurances, and where applicable arranging premium finance, it will be necessary for us to pass such information to insurers and other product or service providers which may also provide us with business and compliance support.

We may also disclose details to relevant parties, as necessary, to comply with regulatory or legal requirements. We will not otherwise use or disclose the personal information we hold without your consent.

Some of the details you may be asked to give us, such as information about offences or medical conditions, are defined by the Act as sensitive personal data. By giving us such information you signify your consent to it being processed by us in arranging and administering your insurances.

Subject to certain exceptions, you will be entitled to have access to your personal and sensitive personal data for which you will be charged a fee of £10. If at any time you wish us to cease processing any of the personal data or sensitive personal data we hold, or to cease contacting you about products and services, please write to our Managing Director.

14. CREDIT CHECKS

We and other firms involved in arranging your insurance (insurers, other intermediaries or premium finance companies) may use public and personal data from a variety of sources including credit reference agencies and other organisations. The information is used to help tailor a price, to ascertain the most appropriate payment options for you and to help prevent fraud. Any credit reference search will appear on your credit report whether or not your application proceeds. If you have any questions about this or any other matter, please do not hesitate to contact us.

15. COMPLAINTS AND COMPENSATION

We aim to provide you with a high level of customer service at all times but if at any time you are unhappy with our services, you should write to, telephone or email our Managing Director giving details of your complaint. We will deal with any complaint swiftly and fairly.

If you make a complaint, we will acknowledge it promptly, explain how we will handle your complaint, tell you what you need to do and keep you informed about how your complaint is progressing.

If you are still not satisfied, you may be entitled to refer the matter to the Financial Ombudsman Service (except in the case of a business with a group annual turnover and/or an annual balance sheet total of €2 million or more and employ 10 people or more, a charity with an annual income of £1 million or more or trustees of a trust with a net asset value of £1 million or more). See the Financial Ombudsman Service website, www.financial-ombudsman.org.uk, for further details.

We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. Insurance advising and arranging is covered for 90% of the claim without any upper limit. For compulsory classes of insurance (such as Third Party Motor or Employers' Liability), insurance advising and arranging is covered for 100% of the claim, without any upper limit. Further information about compensation arrangements is available from the FSCS on 0800 678 1100 (Freephone) or 0207 741 4100 or www.fscs.org.uk.

16. CONFLICT OF INTERESTS

Occasions can arise where we or one of our clients or product providers may have a potential conflict of interest with business being transacted for you. If this happens and we become aware that a potential conflict exists, we will write to you and obtain your consent before we carry out your instructions and detail the steps we will take to ensure fair treatment.

17. ENDING YOUR RELATIONSHIP WITH US

Subject to your immediate settlement of any outstanding premiums and fees, you may instruct us to stop acting for you and we will not impose a penalty. Notice of this termination must be given in writing and will take effect from the date of receipt. Unless otherwise agreed in writing, if our relationship ends, any transactions previously initiated will be completed according to these Terms of Business. You will be liable to pay for any transactions concluded prior to the end of our relationship and we will be entitled to retain commission received for conducting these transactions together with all fees charged by us for services provided.

In circumstances where we feel we cannot continue providing services to you, we will give you a minimum of 14 days’ notice. Valid reasons may include non-payment of premium or fees, commission clawback by insurers where instructions are given to another party to handle your insurance(s), failure to provide requested documentation or information, deliberate failure to comply with terms set out within this Terms of Business or insurer’s documentation, deliberate misrepresentation or non-disclosure or attempted fraud, the use of threatening or abusive behaviour or language, or intimidation or bullying of our staff or suppliers.

18. GOVERNING LAW

Robinson Buckley undertake its activities as an insurance intermediary in accordance with the laws of England and Wales and any disputes will be governed by and construed in accordance with the laws of England and Wales.

Robinson Buckley
Standard House, Weyside Park, Catteshall Lane, Godalming, Surrey GU7 1XE

Telephone: 01483 426300 - Facsimile: 01483 426123 -
E-mail: info@robinsonbuckley.co.uk - Web: www.robinsonbuckley.co.uk

Authorised and Regulated by the Financial Conduct Authority

Company registered in England and Wales number 4851495

Registered office:

William Curtis House
Lenten Street
Alton
Hampshire
GU34 1HG

ToB 011216


Legal

Data Protection

Robinson Buckley wants to protect the privacy of visitors to our website. Please read the following policy; it will help you to understand how we use your personal data. We may change our privacy policy at any time without giving you notice, so please check it each time you visit our website.

Whenever you give us personal data, you are consenting to its collection and use in accordance with this privacy policy, including our use of cookies as explained below.

What personal data do we collect?

We log your Internet Protocol (IP) address in order to receive and send information from and to you over the internet.

When you register with us, visit our website, use our services, make an enquiry, order products or services from us, you may be asked to provide some personal data such as your name, address, telephone number and e-mail address.

We also automatically collect data about visitors to our website (for example on browsing patterns) by using cookies. (See below.) This data is used only in an anonymous form; no individual is identified.

Cookies

A cookie is a small piece of data or message that is sent from a web server to your browser and is stored on your hard drive. A cookie can't read data off your hard disk or read cookie files created by other sites. Cookies do not damage your system.

You can reset your browser so as to refuse any cookie or to alert you to when a cookie is being sent. We only use cookies for the purposes of system administration of our website and give us information about the number of visitors to different parts of our website.

How do we use your personal data?

We may use your personal data to carry out research about our visitors' and clients' demographics, interests and behaviour. We do this to better understand our visitors, clients and potential clients. This research is compiled and analysed on an aggregated and anonymous basis.

When you give us personal data, that data may be sent electronically to servers anywhere in the world and may be used, stored and processed anywhere in the world, including countries outside the European Economic Area.

Whenever and wherever we collect, process or use personal data, we take steps to ensure that it is treated securely and in accordance with our privacy policy.

To whom might we disclose your personal data?

We may pass your personal data to other data processors, such as off-site contingency locations and payment bureaus.

Except as set out above, we will not disclose your personal information unless we are obliged to do so or allowed to do so, by law, or where we need to do so in order to run our business (for instance where we outsource services or other people process data for us).

Intellectual Property

All content on this site is the property of Robinson Buckley Insurance Brokers Limited. Reproduction, either full or in part, of any of this content is not permitted without prior written authorisation.

Links

Our website contains links to other websites, but this Privacy Policy applies only to personal data collected via websites operated by Robinson Buckley Insurance Brokers Ltd. We are not responsible for the privacy practices of other sites. We encourage our visitors to be aware when they leave our website, and to read the privacy policy of other sites that collect or use personal data.

Security

Unfortunately, no data transmission over the Internet or any other network can be guaranteed as 100% secure, but we take appropriate steps to try to protect the security of your personal data.

Inaccuracies and Corrections

We would like to keep your personal data accurate and up to date. If you become aware of any errors or inaccuracies please let us know by contacting us.

Robinson Buckley is a trading name of Headley Insurance Services Ltd.
Registered in England, Company No. 4851495, Registered Office: William Curtis House, Lenten Street, Alton, Hampshire, GU34 1HG
Authorised and Regulated by the Financial Conduct Authority under number 306701,
which can be checked on the FCA’s website or by contacting the FCA on Tel: 0800 111 6768
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