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Terms of Business

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. In addition, please note carefully the section on “Handling Money”

If you are unsure about any aspect of our Terms of Business or have any questions regarding our relationship with you, please contact us at the above address.

The Financial Services Authority
Kerry London Blagrove Ltd (Blagrove) is an appointed representative of Kerry London Ltd, Clare House, Worton Court Industrial Estate, Worton Court, Worton Road, Isleworth, TW7 6ER, who are authorised and regulated by the Financial Services Authority (FSA). Their FSA Register number is 308255.

Kerry London Ltd’s permitted business is advising, arranging, dealing as agent and assisting in the administration and performance of general insurance contracts. You may check this on the FSA’s register by visiting the FSA website, www.fsa.gov.uk/register or by contacting the FSA on 0845 606 1234.

Our Service
Our role is to advise you 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. This means that you may still be liable for any premium due and not be able to recover the premium paid, whether in full or in part, should an insurer become insolvent.

We select 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. Where we only select insurance from a single or limited number of providers you may ask us for a list of the insurers we deal with for these products

Complaints and Compensation
We aim to provide you with a high level of customer service at all times, but if you are not satisfied, contact either ourselves or the Kerry London Ltd Compliance Department on 0208 560 1111. They will independently investigate your complaint. A copy of our Complaints Procedure can be forwarded to you, upon request.

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 of £1m or more, a charity with an annual income of £1m or more or trustees of a trust with a net asset value of £1m or more).

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 100% of the first £2,000 and 90% of the remainder of the claim without any upper limit. For compulsory classes of insurance (such as Third Party Motor or Employer’s Liability), insurance advising and arranging is covered for 100% of the claim, without any upper limit. Further information about compensation scheme arrangements is available from the FSCS on 020 7892 7300 or www.fscs.org.uk.

Payment for our Services
When we arrange your insurance we usually receive commission from the Insurer with whom that insurance is placed unless we have entered into an arrangement where our services are provided for an agreed fee. This commission varies by both insurer and type of policy.

Where we decide to forgo such commission as is offered and agree a fee with you instead that covers our costs and expenses, we will always advise you of the amount before we put your insurance arrangements into force and before you incur a liability to pay such fees. They will also be shown on our invoices to you.

With certain Insurers and products, the commission obtainable is insufficient to cover our costs and expenses. Where this occurs, we may charge a fee in addition to the commission that we will receive from the Insurer. When we charge fees as outlined in this paragraph we will always advise you of the fee amount before we put your insurance arrangements into force, and before you incur a liability to pay such fees. Fees will be shown as such on our invoices to you.

If another intermediary is involved in your insurance transaction they will usually be remunerated by commission included in the premium you pay unless a fee in respect of their activities has been agreed with you in advance.

We may make a “document charge” that will be shown on our invoice to you, of up to £50.00 per transaction, per policy, in respect of document handling relating to your insurance. This charge may be applied for new business; renewals; any change to your policy involving an amendment to your premium; and cancellation of any policy (other than at the policy renewal date).

We may also receive remuneration from premium finance and credit reference agencies. Such amounts will solely be for our account.

In the event of cancellation of any insurance contract after inception, Insurers may return a pro rata premium to us. Once our remuneration has been earned at the commencement of the contract, our commission or fees will not usually be returnable. We therefore reserve the right to retain our brokerage or fees in full from any return due to you in such circumstances.

On request, both at inception and any subsequent renewal, we will be pleased to provide information about any commission received by us in the handling of your insurances.

Handling Money
Your Premiums will not be held at any time by us (Blagrove) but will be passed to our Principal, Kerry London Ltd for banking and subsequent payment to your Insurer.

FSA rules require that all Client money received from clients is segregated from Kerry London Ltd’s own money so as to provide safety for the client in the event that Kerry London Ltd cannot meet its obligations as this money cannot be treated by any creditor of the firm as being their money. Various methods of segregation are allowed and Kerry London Ltd will operate a Non Statutory Trust for this purpose. You should be aware, and understand that, the use of this type of account, allows Kerry London Ltd to make advances of credit so as to settle outstanding items to Insurers and clients. Kerry London Ltd has decided to operate the account in this way for two major reasons:- (1) They can settle amounts to Insurers out of the account even though they may be waiting for client funds to clear, and (2) it allows them to repay money due to you, as a result of adjustments, that they have not yet received from Insurers. They believe that a better service can be provided to all clients if they have this flexibility within their banking arrangements

With certain Insurers they have entered into formal written agreements where those insurers treat money paid to them by clients as having been paid to them directly. In these circumstances, even if Kerry London Ltd were to default in paying that money to the Insurer, your position is protected as the Insurer treats your premium as having been paid to them once you have made your payment to Kerry London Ltd. Under these arrangements Kerry London Ltd are acting as Agent for the Insurer when collecting premiums. Generally these arrangements apply to premium payments only, but may include return premiums due to you or claims payments due to you. Any money subject to this kind of agreement will still be held in their Non Statutory Trust account so as provide further protection until paid to the Insurer.

By accepting these Terms of Business you are giving your express agreement to your premiums being handled in the way outlined above.

Unclaimed Client Money
From time to time clients move addresses or for other reasons lose contact with us. Where this occurs, and a balance is due to a client, Kerry London Ltd will continue to hold that money as client money for a period of 6 years from the date of the transaction. After that period they will cease to hold that money as client money specifically allocated to the relevant client and may transfer it elsewhere. They will continue to maintain a list of transactions affected and undertake to make good any valid claims occurring after the 6 year period.

Credit Terms
Please note, all premiums are due by the inception/renewal/effective date of cover unless we have agreed credit terms with you separately.

Unless we have agreed separate credit terms with you, until we are in receipt of your premiums your insurers will not accept any liability under the insurance policy arranged for you.

Cancellation of Insurances
You must 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.

In the event of cancellation, charges for our services will apply in accordance with the ’Payment for Our Services’ section.

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.

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.

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. Your instructions must be given in writing and will take effect from the date of receipt.

In circumstances where we feel we cannot continue providing services to you, we will give you a minimum of 7 days notice.

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.

Your Responsibilities
You are responsible for providing the complete and accurate information that insurers require in connection with any proposal for insurance cover. This is particularly important before taking out a policy and at renewal, but it also applies throughout the life of a policy. If you fail to disclose information, or misrepresent any fact, which may influence the insurer’s decision to accept the risk or the terms offered, 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.

Where applicable you are reminded that it is an offence under the Road Traffic Act to make any false statements or withhold any relevant information to obtain a Certificate of Motor Insurance.

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

Motor and home insurance anti-fraud registers

Insurers share information with each other via the Claims and Underwriting Exchange Register, and the Motor Insurance Anti-Fraud and Theft Register, to aid the prevention of fraudulent claims.

In the event of a claim, the information you supply on the claim form, together with any other information relating to the claim, will be put on the Registers.

Motor Insurer Information Centre (MIIC)
Insurers are legally required to provide details of motor insurance policies to the MIIC. The information describing your insurance cover will be added to the Motor Insurance Database (MID), to which the police and other government agencies have access. This helps in handling of claims following accidents and assists in the detection of people who drive uninsured.

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 it will be necessary for us to pass such information to insurers and other product or service providers, who may also provide us with business support.

We may also disclose details to relevant parties, as necessary, to comply with regulatory or legal requirements. We may contact you in order to promote products or services that may be of interest to you. 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 its 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, or any company associated with 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 Customer Services Manager at the address overleaf.

Claims Handling Arrangements
You should take careful note of the required procedures in the event of a claim, which will be stated in the policy documentation. Generally insurers require immediate notification of a claim or circumstances that 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, at the point of claim. If there is any conflict of interest, we will only handle a claim on your behalf after we have disclosed to you all information relevant to that conflict so as to enable you to decide whether to give your informed consent to us acting for you on that claim, and you have given that consent for us to handle the claim. If we cannot resolve the conflict to our satisfaction we may have to decline to act for you on that claim.

Details of any incidents that could give rise to a claim must be notified to us without delay and all material information disclosed in order for us to inform the insurers, or in accordance with the terms of the insurance policy.

We will provide you with confirmation of the insurer’s acceptance of the claim before settlement is made. Where we act on behalf of the insurer we will issue the cheque or arrange settlement, alternatively where the insurer is arranging settlement we will confirm the settlement arrangements with you.

We will provide a claims handling service for you as long as you remain our client. We will provide you with such reasonable guidance in pursuing a claim under your insurance policy and handle such claims fairly and promptly, keeping you informed of its progress.

In the event that you cannot reach us, immediately report your claim to the insurers as detailed on your policy document.

Money Laundering and the Proceeds of Crime Act
UK money laundering regulations apply to us. There may be occasions where we may request evidence of the identity of clients which may include sight of official documents and evidence of address. By accepting these Terms of Business you agree to provide such documentation as we may require to fulfil any legal obligations we may have.

Governing Law
This Agreement shall be governed by the laws of England and Wales and the parties agree herewith that any dispute arising out of it shall be subject to the exclusive jurisdiction of the English Courts.

On-Line/Web Services
Should you require any further information about us and the services we can offer, please visit our web site on: http://www.blagrovefleet.co.uk/

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