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TERMS OF BUSINESS

Our Terms of Business with you


If you have taken out a policy with us, we look forward to providing you with exceptional customer service at competitive prices. Our hope is that you will be so satisfied with our service and products we provide advice on so that you will need look no further than Orwell for all of your personal and business insurance requirements.

Regulation


Orwell Insurance Services Limited is authorised and regulated by the Financial Conduct Authority (FCA). Our Firm Reference Number is 311566. Our permitted business is arranging, advising on general insurance contracts. You can check this on the Financial Services Register by Visiting the FCA's website http://www.fca.org.uk/register or by contacting the FCA on 0800 111 6768. The FCA is the independent watchdog that regulates financial services. You must read this document and advise us immediately if there is anything you are unable to understand or comply with and to decide if our services are right for you. This Terms of Business comes into force on the date you receive it from us and will remain in force until you are provided with revised terms.

Our Identity


Orwell Insurance Services Limited, Cristal Business Centre, Unit 4, 47 Knightsdale Road, Ipswich, Suffolk. IP1 4JJ.

Our Service


We provide a full advice and recommendation service after we have assessed your insurance needs and can arrange a variety of insurance products from a limited number of insurers covering both personal and commercial requirements. A list of our insurers is available on request. We receive payment of your premium from you as agent for the relevant insurer. Any claims money or refund of premium we receive from the insurer in respect of your insurance is also received by us as agent of the insurer. When you pay your premium to Orwell Insurance Services Limited, it is held in a 'non-statutory trust' client money account under Risk Transfer. Any interest that may be applicable on these funds will be retained as revenue to Orwell Insurance Services Limited. If a policy is taken out with Orwell Insurance Services Limited, you are consenting to us holding your money in this way under Risk Transfer.

Disclosure Requirements


It is your responsibility to provide complete and accurate information to us and Insurers when you take out an insurance policy, throughout the life of the policy and when you renew, vary or amend your insurance. Failure to do so, or any inaccuracies in information given, could result in your insurance being invalid or cover not operating fully. If a form is completed on your behalf, you should check that the answers shown to any questions are true and accurate before signing the document. You are advised to keep copies of any correspondence you send to us or direct to your Insurer. Any changes in information supplied will be accepted either verbally or in writing.

Consumer Disclosure:


Consumers are customers who are 'not' acting for the purposes relating to a trade, business or profession. It is important that you ensure all statements you make on Proposal Forms, Claim Forms and other documents are true, full and accurate.

Commercial Disclosure:


Commercial customers are customers who are acting for the purposes relating to their trade, business or profession. You have a duty to disclose all material facts that is known or ought to be known by the policyholders senior management, or those responsible for arranging the insurance. This allows us to provide the insurer with a fair presentation of all material circumstances so that they can determine whether to take the risk and, if so, on what terms.

For motor cases:


it is an offence under the Road Traffic Act to make any false statement or withhold information for the purposes of obtaining a Certificate of Motor Insurance. We will send you a copy of your proposal form / statement of fact that shows the information you have supplied. Information declared on a Statement of Fact proposal form constitutes the basis of your contract, and will be submitted by us to your Insurer and to the agents appointed to handle claims on their behalf. If you do not agree with any of the information on a Statement of Fact, you should disclose it to us immediately. Any changes may require the Insurer to charge an additional premium, quote special terms, or decline your proposal. Remember, you should always tell us about any change immediately - please do not wait until your renewal. We reserve the right to request the submission of additional documents such as proof of your vehicle security arrangements, a current MOT certificate, proof of No Claims bonus (NCB) and any relevant driving licences at any time. If we are unable to validate your NCB from the information you provide at quotation stage, you must provide written evidence of your NCB within 14 days of the inception of your policy. Failure to provide evidence of your NCB will result in the insurers issuing the policy at the gross premium (i.e. without benefit of discount). You will be immediately responsible for the balance of premium payable and any subsequent cancellation will be calculated on the gross premium and subject to short period rates and the charges detailed in 'Our service charges' below.

Awareness of policy terms


Generally, quotes are only valid for the month in which the quote is obtained, unless advised to the contrary. You should read through all policy terms carefully including what you are covered for and any exclusions, limitations or conditions and warranties that apply. The policy document, schedule and any certificate of insurance are the basis of the cover you have purchased. Please make sure that you understand them and are able to follow their requirements. Breach of any terms, conditions or warranties may enable your Insurer to terminate your policy or repudiate a claim under your policy.

Withholding Documents


We reserve the right to retain certain documents until all payments due have been made and any cheques cleared. We will provide any documents you are required to have by law.

Youre right to cancel your insurance


You are entitled to a period of reflection during which you may decide whether to proceed with the purchase of the contract. The duration of the cancellation period is 14 days and commences from either the date the contract was concluded or the date on which you receive the full terms of the contract, whichever is the later. If you do exercise this right to cancel your insurance, you will be charged by the insurer for the service provided up to the point of cancellation, if a claim is reported it is unlikely any refunds will be made until the full extent of the costs of the claim are known. We will also make a cancellation charge of 10% of the inception premium as shown in 'Our service charges' below unless otherwise advised prior to inception, with a minimum charge of £20.00. Additionally you will not be entitled to a refund of any service charge’ made by us for advising/arranging your insurance. If you exercise this right, any Legal Protection policies that accompany your policy will also be cancelled and a charge made by the insurer for the period of cover. If you do not exercise this right to cancel within this 14 day period, any remaining cancellation rights will be as set out in the policy document and charges listed below. If the policy is incepted on a minimum and deposit basis and cancelled mid term there is no refund issued against the policy. If you wish to cancel the policy after the 14 day period please write to us at the above address. Once we are in receipt of your written instruction we will cancel your policy and confirm this to you.

How you can deal with us


The language we do business in is English. The laws govern us are those of England and Wales. If you arrange your insurance through our offices, website or over the phone, you can deal with us in relation to that insurance either face-to-face, over the phone, email or by post. If you have provided your email address, you should be aware that we do send important information by this means. The email and contents will hold the same legal ramification as if it were sent by post. By providing your email address, you are consenting for us to communicate with you in this way. If this is not the case, please advise us immediately. Nothing in this document affects your normal statutory rights.

Receipt of instructions


We do not consider instructions to arrange or change cover sent to us by post, electronic mail, or facsimile or left on answering equipment to have been received until they reach the relevant personnel in our offices. We do not accept responsibility for instructions which do not reach us due to failures in postal, electronic or telecommunication systems.

At Renewal


Shortly before renewal, we will contact you by letter\email setting out your renewal price and terms. We reserve the right to automatically renew your policy and take payment by the same method as the previous years cover. If we exercise this right, but accept no responsibility to do so, we will endeavour to automatically renew your policy for your protection and to ensure there is no break in cover. If you previously paid in full or over 2 or 3 instalments by debit\credit card we will use the most recent payment details we have to process the payment on the same intervals as last year. If you are paying by direct debit we will endeavour to place you with a similar or the same premium finance plan as your existing credit agreement. The figures will be set out in the renewal letter and we will attempt to process the payment up to 5 business days prior to the renewal date. Should you not wish to renew the policy for whatever reason or wish to arrange a different payment method please contact us your earliest convenience in order that we may stop the payment process (direct debit renewals require a minimum notice period of 14 business days to prevent the payment from being collected. We also reserve the right to automatically renew any additional policies such as breakdown assistance cover. If we do not hear from you to the contrary, we will treat it that you agree to this.). IMPORTANT - Until we receive payment no cover will be in force beyond the expiry of your current policy.

How to make a claim


Instructions on how to make a claim are included in your policy booklet and policy summary. You will find the insurance undertakings address, telephone number or other point of initial contact. Additionally you will find the information which you must provide when notifying a claim (if this is not the case please use you policy\certificate number on all contact). All claims need to be reported as soon as reasonably possible. If any document or keys relating to a claim need to be submitted to the insurer by post, they need to be sent recorded delivery. All outstanding premiums must be paid before any claim payment can be made.

Conflicts of interest


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

Insurer Security


Whilst we monitor the financial strength of the insurers, with whom we place business it should be noted that the claims-paying ability of even the strongest insurers could be affected by adverse business conditions. We cannot therefore guarantee the solvency of any insurer or underwriter. A liability for the premium, whether in full or pro rata, may arise under policies where a participating insurer becomes insolvent.

Transferred Business


If we take over the servicing of insurance policies which were originally arranged through another broker or intermediary, or directly with an insurer, we do not accept liability for any claim arising out of the advice given by that broker, intermediary or insurer, nor for any errors omissions or gaps in your current insurance protection. We would ask you to contact us without delay should any aspect of a policy which has been transferred to us cause you concern or if you need an immediate review. Otherwise we will endeavour to review all transferred policies as they fall due for renewal.

Financial Services Compensation Scheme


We are covered by the Financial Services Compensation Scheme (FSCS) and therefore you may be entitled to compensation from the FSCS if we should be unable to meet our obligations. This depends on the type of business and the circumstances of the claim. For most types of non compulsory insurance, protection will be provided for 90% of the claim with no upper limit. For compulsory classes of insurance 100% of the claim is covered, without any upper limit. Further information about compensation scheme arrangements is available from the FSCS.

How to make a complaint


We strive to ensure that the service we offer is amongst the best in the industry. Consequently, if you have a complaint about Orwell’s staff or its services please contact us by writing to: Complaints Officer, Orwell Insurance Services Limited, Cristal Business Centre, Unit 4, 47 Knightsdale Road, Ipswich, Suffolk. IP1 4JJ or by phone on 01473 292 800 detailing your dissatisfaction and if possible the member of staff you have been dealing with. If you have a complaint against your insurer, please refer to the policy booklet for details of your insurer's complaints procedure. We expect the majority of complaints will be resolved at this stage, but if you are not satisfied, you may be entitled to refer the matter to the Financial Ombudsman Service (FOS) www.financial-ombudsman.org.uk. The FOS will independently investigate your complaint without charge to you. You will not be able to refer any complaint to the FOS unless you are (a) private individual, (b) a business which has a group annual turnover of less than £1m at the time of the complaint, (c) a charity which has a turnover of less than £1m at the time of the complaint or (d) a trustee of a trust which has a net asset value of less than £1m at the time of the complaint. Following the above complaints procedure will not affect your legal rights. Please provide your policy details on all correspondence.

Monthly payments by direct debit


Payments can be made in full by credit\debit card or bankers draft or monthly by direct debit. For full details of the terms and conditions and interest charges, please ask. Availability is subject to status. A deposit is required. Quotations given on request. If you choose to pay by direct debit, you will be provided with a Consumer Credit Agreement, which may require to be signed and returned. This agreement will be with an external finance company and sets out the amount and number of your direct debit payments. If you default on these payments, the total outstanding balance will become due. If the policy is cancelled mid term, these payments must still be made until any return premium is notified to you. Any return premium is notified to us by an insurer. This refund will be returned to the finance company to go towards any outstanding balances on your credit agreement. Any remaining balance will be returned to you. If the return premium does not cover the outstanding balance on your credit agreement, you will be liable for the remaining balance. Some of our direct debit arrangements require a deposit to be paid on inception of your policy. Policy inception is followed by 1,4,6,9,10 or 11 monthly direct debit payments (depending on the type of policy.) as we operate a third party credit agreement, policies we arrange cannot be paid for via an Insurer's direct debit scheme.

Refunds


Where the full payment has been made by credit/debit card, we will, wherever possible, make the refund to that card. All other refunds by cheque will be made to the policyholder, unless specifically authorised otherwise by the policyholder.

Our right to cancel your insurance


If you choose to pay by monthly direct debit or instalment scheme, you will be provided with a Consumer Credit Agreement or Instalment Agreement to sign. You are reminded that it is a term of both agreements that you authorise us, as your agent, to instruct the insurers to cancel your insurance, if any monthly direct debit or instalment payment, or any other amount due under those agreements, is in arrears and not paid by the due date.

Our service charges


You will be charged a fee for our services when your policy commences, at renewal, cancellation, for any mid term adjustments or duplicate documents. Fees are also charged for instalments, direct debit payments\arrangements and charge card payments. These charges are listed below and in the 'Statement of Price', which is given to every customer and relates to every incepted insurance policy. We reserve the right to change our fees from time to time. Quotations: Free of charge. Our fees for new business or renewal cases, which are incepted, are charged at 10% of the insurance premium (after insurance premium tax has been added), with a minimum charge of £22.50, unless otherwise advised. In addition we may also charge a documentation fee of up to £20.00 (please refer to your statement of price for full details). Cancellation fees are charged at 10% of the inception premium, with a minimum charge of £20.00. Not applicable to legal protection policies linked to other policies. If the policy is cancelled after 'Right to cancel period' as detailed above, we will retain our full commission and fee in addition to a cancellation charge. Duplicate documents including cover notes: £20, Payments by debit or credit cards: 2.5%, instalment a minimum administration charge of £10.00. Returned Payments - cheques or direct debit defaults: £20, any changes to the policy (mid term adjustments): £20. It is not economic or practical to issue refund cheques of very small amounts. Accordingly, where a transaction would result in a refund to you from us of less than £1, this nominal amount will be retained by us as an additional service charge. Where a transaction results in a premium credit, any refund to you will be reduced by any service charge and any other sums owing in respect of the policy. If a duplicate certificate is requested at the same time as a request for a cover note then only one £20.00 charge will be made. These charges are in addition to any insurer charges.

Confidentiality & Data Protection


We take protecting our customers data very seriously and abide by the rules of the General Data Protection Regulation (GDPR). Please refer to our Privacy Notice for information on how we hold and process your data. The General Data Protection Regulation (GDPR) came into force on the 25th May 2018. It replaced the Data Protection Act 1998.

Version V6 01/04/2018

 

Orwell Insurance Services Limited is authorised and regulated by the Financial Conduct Authority and is entered on the Financial Services Register
(http://www.fca.org.uk/register/) under reference 311566

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Orwell Insurance Services Ltd. Registered in England No. 380379
Cristal Business Centre, 47 Knightsdale Road, Ipswich, Suffolk, IP1 4JJ