NMJ INSURANCE BROKERS LIMITED – TERMS OF BUSINESS
1. About this Document / About Us / Regulation
This document sets out how we will deal with you as a customer. NMJ Insurance Brokers Limited (Company Number 06886321) of The Elsie Whiteley Innovation Centre, Hopwood Lane, Halifax HX1 5ER is authorised and regulated by the Financial Conduct Authority (“FCA”). Our Financial Services Register Reference number is 503364. We are permitted to advise on and arrange non-investment insurance contracts. In addition, we are permitted to deal as agent in and assist in the administration and performance of non-investment insurance contracts of insurance for both Retail and Commercial customers. You can check our registration on the Financial Services Register by visiting the FCA website www.fca.org.uk or by contacting the FCA on 0800 111 6768.
We offer products from a range of insurers. Cover for certain products, including legal expenses, motor breakdown, travel and pet insurances and some other optional add on products is provided by a single insurance provider. These products are provided on a non-advised basis and no personal recommendation will be given. We will, however, provide you with sufficient information to enable you to make an informed decision as to whether the product meets your demands and needs.
3. Disclosure and Misrepresentation
If you are an individual who enters into an insurance contract wholly or mainly for purposes unrelated to your trade, business or profession, then you are covered by the Consumer Insurance (Disclosure and Representations) Act 2012. This requires you to answer all questions asked honestly and accurately and, having taken reasonable care, to the best of your knowledge. You must also check that all information contained in any proposal forms / Statement of Facts is accurate at the time it is provided and remains so, particularly at renewal. If your circumstances change and any of this information becomes incorrect, then you must advise us as soon as possible. If you fail to exercise reasonable care then you may find that the insurer is able to cancel the policy or alternatively may avoid paying all or part of any claim. If you are a commercial customer you are not covered by the Consumer Insurance (Disclosure and Representations) Act 2012. It is your responsibility to provide complete and accurate information to insurers when you take out or renew your insurance policy. Also, if there are any changes to your circumstances during the period of insurance cover then you must provide your insurer with details. It is important that all statements you make on proposal forms / Statement of Facts, claim forms and other documents are full and accurate. If you fail to disclose any material fact or information (information which is likely to influence an insurer in the acceptance and assessment of the proposal) to your insurers, this could invalidate your insurance cover and could mean that part or all of any claim may not be paid. If you are not certain whether a fact is material or relevant, please contact us.
You should read through all documentation that we give you including all policy terms, conditions and warranties shown on your policy documentation. Please ensure that you understand them and are able to follow their requirements exactly. If not, please advise us immediately as a breach of any terms, conditions or warranties may enable your insurer to terminate your policy from the date of any breach and/or repudiate a claim under your policy.
5. Fraud Prevention and Detection
Many of the insurers we represent share information with each other to prevent fraudulent claims. They subscribe to and pass information to a number of databases in this respect including the Claims and Underwriting Exchange (“CUE”) and the Insurance Hunter Database both run by Experian Plc, the Motor Insurance Anti-Fraud and Theft Register (“MIAFTR”) run by HPI Limited, the Motor Insurance Database managed by the Motor Insurers’ Bureau and the Syndicated Intelligence for Risk Avoidance (“SIRA”) anti-fraud database managed by Synectics Solutions.
6. Data Protection and Credit Checking
NMJ Insurance Brokers Limited and your insurer act as data controllers of all personal data supplied and will use this to process your request in accordance with the Data Protection Act 1998 and other applicable laws. All personal information about you will be treated as confidential (even when you are no longer a customer), except where disclosure is made at your request or with your consent in relation to administering your insurance, or except where the law requires disclosure. The FCA may also ask us to provide it with access to customer records in order that it may carry out a review of our activities. Some or all the information you supply to us in connection with your insurance proposal may be passed to insurers for underwriting and claims purposes. By proceeding with this insurance you signify your consent to such information being processed by us, the insurer and their agents. Under the Data Protection Act 1998 and on payment of the appropriate fee, you have a right to access and, if necessary, rectify personal information about you that is held in our records. To make sure you get the best offers from insurers either now or at any subsequent renewal, to ascertain the most appropriate payment options for you and to protect you from fraud, some insurers may use publicly available data which they obtain from a variety of sources, including credit reference agencies and other external organisations. Their search will appear on your credit report whether or not your application proceeds. By agreeing to these terms and conditions you agree to these uses of your information.
7. Use of Information for Marketing Purposes
We may use information held by us to provide you with information about other products and services which we feel may be of interest to you by telephone or post. We may also contact you by email or SMS (text) with your prior consent. If you wish to update your contact preferences, please contact us at the above address or by email to firstname.lastname@example.org.
8. Payment of Premiums
You can pay your insurance premium by cash, cheque, debit/credit card or direct credit to our bank account. We may also be able to offer you credit facilities and, in order to do so, we are registered under the Consumer Credit Act 1974 (Licence Number 633570). You may also be able to spread your payments through an insurer’s instalment scheme or a credit scheme we operate with a third party provider. We will give you full information about these options when we discuss your insurance requirements with you and we require the payment method to be confirmed and in place before cover commences.
9. Client Money
For your protection, premiums that we collect from you are held in an Insurance Broking Bank Account specifically used for the purpose of holding client premiums. Depending on our Terms of Business Agreement with insurers, the premiums may be held as an agent of the insurer (in which case the premium is treated as having been paid to the insurer). Where arrangements to hold premiums on behalf of the insurer are not in place, we will hold premiums as your agent. All such premiums will be held in a Statutory Trust Account, the terms of which are governed by FCA rules. Any interest earned by us in respect of holding such premiums will be retained by us. By accepting these Terms of Business you are giving consent for us to operate in this way.
10. Commission Withdrawal
We may receive commission from the insurer in respect of premiums that you pay to us. We shall only withdraw this commission after we have received the premium from you and in accordance with both agreements that we hold with insurers and FCA regulations. Details of commissions received will be disclosed upon request.
11. Fees and Charges
In addition to the premiums charged by insurers, we reserve the right to make a charge of between £17.50 and £50 to cover our administrative cost when arranging, amending, renewing or cancelling your insurance. Such charges will be clearly shown on your insurance documentation. Any commercial policy fees or variation to these fees will be advised on an individual basis and agreed prior to the conclusion of your contract. Standard fee scales are reviewed on an annual basis.
12. Cancellation and Return Premiums
We will give you enough information and help so that you can make an informed decision before you buy your insurance policy. However, you will have 14 days from the date you receive the policy documentation (the “cooling off period”) to change your mind and cancel the insurance contract. Such cancellation may be subject to charges as detailed above and is dependent on the return of any documents required by the insurer. If you cancel the policy within the cooling off period and prior to commencement of cover, your premium will be returned in full. If cover has commenced, you will receive a pro rata refund of premium from the insurer. If you cancel your policy after the cooling off period has expired, you may not receive a pro rata return of premium from your insurer. On receipt of a return premium we are required to pay commission on the amount received to the insurer and this will be deducted from the final amount due to you, together with an amount that reflects our administrative costs of arranging, amending or cancelling the insurance.
13. Debt Recovery
In the event that any amounts owed to us remain unpaid, we reserve the right to employ a Debt Recovery Agent who may add additional collection charges to the debt.
14. Conflicts of Interest
Occasions can arise when 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 to obtain your consent before we carry out your instructions and we will detail the steps we will take to ensure fair treatment.
Please refer to your policy summary / policy document if you need to make a claim and contact us or the relevant insurer direct as soon as possible using the contact details provided.
We aim to provide you with a high level of service at all times. However, if you have reason to make a complaint about any aspect of our service you should write to a Director at the above address. A copy of our complaints procedure is available on request. If you cannot settle your complaint with us, you may be entitled to refer it to the Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London E14 9SR (telephone: 0800 023 4567; email: email@example.com). Further information can be found at www.financial-ombudsman.org.uk.
17. Financial Services Compensation Scheme (FSCS)
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. For compulsory classes of insurance (such as Third Party Motor or Employers Liability), insurance advising and arranging is covered for 100% of the claim. Protection for non compulsory classes of insurance is limited to 90% of the claim with no upper limit. Further information about compensation scheme arrangements is available from the FSCS at www.fscs.org.uk.
18. Governing Law
All policies sold by us are governed by English Law and subject to the jurisdiction of the English courts.