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. For your own benefit and protection, you should read these terms carefully. 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 address below.
The Financial Conduct Authority
BGi.uk, Omar Insurance, Elwell & Co and Bordengate Insurance are all trading styles of H. J. Roelofs (UK) Limited which is authorised and regulated by the Financial Conduct Authority (FCA). Our Financial Services Register number is 307129. Our permitted business is introducing, advising, arranging, dealing as an agent, assisting in the administration and performance of general insurance contracts, and credit broking in relation to insurance instalment facilities. You may check this on the Financial Services Register by visiting the FCA’s website, www.fsa.gov.uk/register/ or by contacting the FCA on 0800 111 6768 (freephone).
Our role is to advise you when requested and, after we have assessed your needs, to make a suitable recommendation. We may be able to offer finance for premium instalments through ourselves, the insurer and/or Close Premium Finance. We do not offer advice in relation to instalment facilities but we may ask you some questions to narrow down the selection of options available; you will then need to make your own choice about how to proceed. In situations where we do not offer advice, we will confirm the position to you in writing before finalising your insurances. We will confirm the capacity in which we will act for you before undertaking any relevant transactions on your behalf. In providing our service we may sometimes act as an agent of the insurer. We select personal and commercial insurances from a range of insurers; but for certain products we select products from a limited number of insurers or a single insurer. Where we select products from a limited number you may ask us for a list of the insurers we deal with for these products. 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. We will give you further information about our service before we finalise your insurance arrangements. We will not in any circumstances guarantee the solvency of any insurer or finance provider.
Complaints and Compensation
We aim to provide a high level of customer service at all times but, if you are not satisfied, please contact The Complaints Officer in writing, by phone or by email at the details noted below. 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 employing 10 persons or more and with a turnover or annual balance sheet total exceeding €2 million, 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). Further information about the Compensation Scheme is available from the FSCS on 0800 678 1100 (freephone) or 020 7741 4100 or www.fscs.org.uk.
Payment for Our Services
We normally receive commission from our insurers, product providers and where applicable finance providers. 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 which we receive. You are entitled at any time, to request information regarding any commission which we may have received as a result of placing your business. Where we do not receive commission from insurers or where such commission from insurers is inadequate to cover our costs we also charge you for handling your insurances and arranging your premium finance. We disclose all charges on a case by case basis during the life of the policy before conclusion of contract and before any payments are due.
Premium Payment / Late Payment
You will receive a quotation which will tell you the total price to be paid and which identifies all fees, taxes and charges separately from the premium, before your insurance arrangements are concluded. We also draw your attention to the sections headed ‘Cancellation of insurances’ and ‘Ending your relationship with us’.
In accepting any quotation provided to you and instructing us to arrange insurance on your behalf, you are agreeing to pay the premium or renewal premium. Full payment of premium is due before cover commences, or as otherwise stated under terms of credit, or in the debit note, invoice or statement issued to you. In the event of your non-payment of the premium by the due date, or in the event of your defaulting for any reason on any premium instalment plan, you agree to pay the premium when demanded together with interest calculated daily on the Barclays base lending rate +3% together with any legal fees / debt collection fees incurred in pursuit of the premium due.
Our financial arrangements with most insurance companies are on a Risk Transfer basis; we act as agents of the insurer in collecting premiums and handling refunds due to clients as well as the transfer of claim monies. 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.
Cancellation of Insurances
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. In the event of cancellation, we will reserve the right to retain any fees charged and/or commission earned in arranging the policy. The terms of your policy, detailed in the policy documents, may allow insurers to retain the premium in full or to charge short-period premiums in the event of cancellation before the policy expires. You should carefully check both your quotation and policy documents to ensure you are aware of any special terms. We can only return any money due following the cancellation of a policy after we have received the money due from the insurer. Only our Personal Insurance policies operate a 14-day ‘cool-off ’ period.
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. Such circumstances 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 or careless misrepresentation or non-disclosure, attempted fraud or other instances of ‘bad faith’.
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.
You are responsible for answering any questions in relation to any proposal for insurance cover, and premium finance, 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 or if you request a mid term amendment to your policy.
If you are a commercial customer, please be reminded you are responsible for providing the complete and accurate information which Insurers require at inception, renewal and 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 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 accepted by us or insurers and any form 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 or affect how any claim might be treated. 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.
Use of Personal Data
You are entitled to a copy of the personal information we hold about you and certain details of how we use it. There will not usually be a charge for dealing with these requests. Your personal information will usually be provided to you in writing, unless otherwise requested or where you have made the request by electronic means, in which case the information will be provided to you by electronic means where possible.
To make sure you get our best deal, to ascertain the most appropriate payment options for you and to help prevent fraud, we and some insurers or premium finance companies may use public and personal data from a variety of sources, including credit reference agencies and other organisations. The 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.
The Bribery Act
BGi.uk has a policy reflecting its responsibilities under The Bribery Act and hereby confirms that it has drawn the policy to the attention of all employees and obtained confirmation of their understanding. A copy of the policy is available on request from the address details noted below.
Conflict of Interest
Occasions can arise where we or one of our associated companies, 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.
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. We will employ due care and skill if we act on your behalf in respect of a claim. Many insurers now have ‘claims identification numbers’. Generally, insurers require immediate notification of a claim or circumstances which might lead to a claim. Please contact us at the earliest opportunity using the details noted below. 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 claim.
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