Client TOBA

“Affiliate” means any member of the Jensten Group of companies, which could be a subsidiary, a holding company or a subsidiary of that holding company as defined in section 1159 of the Companies Act 2006.

“Commercial customer” means a customer who is acting within their trade or profession in respect of the insurance cover requested or arranged.

“Consumer customer” means anyone acting outside their trade or profession in respect of the insurance cover requested or arranged.

“You” or “Your” means you and/or Your appointed agent.

“We” or “Us” or “Our” means Jensten Insurance Brokers Limited

As an insurance intermediary We generally act as Your agent. We are subject to the law of agency, which places various duties on Us. However, in certain circumstances We may act for and owe duties of care to other parties, including to insurers. We will tell You when these circumstances occur, so You will be aware of any possible conflict of interest.

We offer a wide range of products and services which may include:

• Offering You a single or range of products from which to choose a product that suits Your insurance needs;
• Introducing You to risk management services;
• Advising You on Your insurance needs;
• Arranging suitable insurance cover with insurers to meet Your requirements;
• Helping You with any changes to Your insurance You have to make;
• Providing all reasonable assistance with any claim You make.

In some cases, We act for insurers under a delegated authority agreement. This can allow Us to enter into insurance policies, and issue policy documentation and settle claims on their behalf. Where We act on behalf of the insurer and not You, We will tell You. We aim to always act in Your best interest.

As an intermediary and part of the Jensten Group of companies, We can offer a wide range of insurance products and have access to many leading insurance companies and the Lloyd’s market. Depending on the type of cover You need, and where We have provided advice based on a personal recommendation, We will offer You a policy from either:

• a single insurer; or
• a limited range of insurers; or
• a fair analysis that is representative of the insurance market.

We will tell You which of these applies before We arrange Your policy and, if We have not undertaken a fair analysis of the market, We will provide You with a list of insurers considered on request.

We may offer You a policy which is provided by an Affiliate to access specialist products and We will tell You if this is the case. We have a conflict-of-interests policy in place to identify and manage any conflicts that may arise in the placement of Your business. If We become aware of a conflict We will tell You, explain the options available to You, and get Your consent before We proceed.

Before the insurance contract is concluded and after We have assessed Your demands and needs, We will provide You with advice and make a personal recommendation of which policy is most suitable for You. This will include sufficient information to enable You to make an informed decision about the policy that We have recommended. We will give You a quotation which will itemise the cost of Your insurance, including any fees that are payable in addition to the premium. This quotation will also include a statement of Your demands and needs. You should read this carefully as it will explain Our reasons for making the recommendation We have made.

For pure protection contracts, any advice or recommendation that We offer to You will only be given after We have assessed Your needs and considered Your financial objectives and attitude to any risks that may be involved. We will also consider any restrictions that You wish to place on the type of products You would be willing to consider. We will confirm to You in writing the basis of Our recommendations along with details of the policy’s main characteristics, significant exclusions and limitations, the duration of the policy and any special risks associated with the product(s) recommended.

Unless We notify you in writing to the contrary, when giving advice on pure protection products We will treat You as a Consumer Customer, despite the fact that You may be a business. This means that We undertake a greater obligation of disclosure and communication of risk than would otherwise be necessary and You are afforded the highest level of protection under the FCA rules for the conduct of business. However, You will still be assessed as a business for eligibility to use the Financial Ombudsman Service and your duty to disclose material information remains that of a Commercial Customer (see the section headed “Your duty to make a fair presentation”)

Any quotation We offer will normally be valid for a period of 30 days from the date it is given to You. We will tell You if this is not the case when We issue Your quotation. We reserve the right to withdraw a quotation in certain circumstances, for example, where the insurer has altered their premium or terms for the insurance since the quotation was given or if a claim / incident has occurred since the terms were offered.

You should carefully review the policy documents We send You to make sure they accurately reflect the cover, conditions, limits, and other terms that You require. You should pay particular attention to policy conditions and warranties as failure to comply with these could invalidate Your policy. Claims can arise under certain types of insurance contract long after the policy has ended, so it is important that You keep safely all documents associated with Your policy.

You must notify Us or Your insurer of any claim or circumstance that may or is likely to give rise to a claim under Your policy, in accordance with the conditions of Your policy. If You do not notify Your insurer promptly it may entitle them to refuse to pay Your claim. You should not admit liability or agree to any course of action, other than emergency measures carried out to minimise the loss, or in the interest of health and safety, until You have obtained agreement from Your insurer. When You notify a claim or potential claim, You should provide details of all material facts concerning the incident. Your policy documentation will describe in detail the procedures and conditions in connection with making a claim.

Where appropriate, and as set out in Your policy document, We will help You in submitting a claim and obtaining reimbursement for You. We do not have any authority to handle or settle claims on insurers’ behalf. If claims payments are transferred to Us, We will transmit these to You as soon as possible after they have been received on Your behalf. However, if an insurer becomes insolvent or delays making settlement of a claim, We do not accept liability for any unpaid amounts.

You must be sure that the information You have given to Us to pass on to insurers is a “fair presentation” of the risk. This means that You must have clearly disclosed every material fact or circumstance which You, Your senior management, or any person responsible for arranging Your insurance knows or ought to know following a reasonable search. Material facts and circumstances are those that would influence an insurer in deciding whether to accept a risk and the terms and conditions that would apply. If You are in doubt as to whether a fact or circumstance is material, then You should disclose it.

In addition, You must inform Us if any of the information provided to Us has changed. If it has, then You must tell Us about the changes before We arrange cover. Your duty to notify material changes in the risk applies when You purchase an insurance policy, throughout the life of the policy and when You renew that policy.

If You do not disclose a material circumstance it may entitle an insurer to impose different terms on Your cover or reduce the amount of a claim payable. In some cases, Your cover could be invalidated, which would mean that a claim would not be paid. If You have acted deliberately or recklessly in not disclosing material information, the insurer is entitled to avoid the contract from the date cover started and keep any premiums.

Once Your contract of insurance has been arranged We, or Your insurer, will send You an invoice (also referred to as a debit note or Statement of Premiums). Premiums are due from the time the insurance comes into force and You must pay the premium amounts shown in the invoice within the timescales it sets out. If You don’t meet the payment date it may lead to the insurer cancelling Your policy. We do not consider payment to have been received until We have received cleared funds in Our bank account. If the insurer has specified that the premium must be received by a certain date and You do not pay Us in time, it can result in automatic cancellation of Your insurance policy.

For pure protection policies, premiums are paid direct to the insurer, which will also deal direct with You for all refunds or overpayments. For all other policies, We normally accept payment by BACS or the following credit/debit cards – Visa, Mastercard. You may be able to spread Your payments through insurers’ instalment schemes or a credit scheme, which We have arranged with an established insurance premium finance provider, Close Brothers Premium Finance (“CBPF”).

In arranging premium finance, We act as a credit broker to provide You with a premium finance facility which is designed solely for the purposes of facilitating a loan for repayment of insurance premiums. Where both an insurer instalment scheme and CBPF’s premium finance facility are available, We will provide You with advice and make a recommendation for the best option for spreading Your payments. This will include sufficient information to enable You to make an informed decision about the finance option that We have recommended, together with a breakdown of the finance charges that are payable in addition to the premium. This documentation will also include a statement of Your demands and needs. You should read this carefully as it will explain reasons for making the recommendation We have made.

When arranging premium finance CBPF may undertake an enquiry with credit reference agencies who will add details of the search and the application to their record about You, whether the application proceeds or not. Further details will be provided when an application for finance is made. Insurers’ own credit facilities may also be available if appropriate.

Where You pay Your premium by instalments and use CBPF, if any direct debit or other payment due is not met when presented for payment or if You end the credit agreement, We will be informed of such events by Your premium finance provider. If You do not make other arrangements with Us or Your premium finance provider to pay the insurance premiums due, You acknowledge and agree that We may, at any time after being so informed, instruct on Your behalf the relevant insurer to cancel the insurance (or, if this occurs shortly after the start or renewal of the insurance, to notify the insurer that the policy has not been taken up) and to collect any refund of premiums which may be made by the insurer. If any money is owed to the premium finance provider under Your credit agreement or if they have debited Us with the amount outstanding, We will use any refund received to offset these costs. You will be responsible for paying any remaining time on risk charge and putting in place any alternative insurance and / or payment agreements You need. You also agree that We may hold to the order of the premium finance provider any claims monies due to You if You are in default of Your credit agreement.

Although We will always try to place Your policy with insurers that are financially sound, We do not guarantee or otherwise warrant the solvency of any insurer We place Your policy with. If You have any concerns about any insurer chosen to meet Your insurance requirements, You should tell Us as soon as possible and We will discuss them with You. If Your policy is arranged with an insurer which becomes insolvent, You may still be liable to pay some or all of the premium.

You will be provided with renewal terms in good time before expiry of Your policy, or notified that renewal is not being invited. Unless You tell Us otherwise, renewals are invited on the basis that there have been no changes in the risk or cover required, other than those specifically notified to Us or Your insurer(s) during the course of the policy period (see the relevant section headed “Commercial customers – Your duty to make a fair presentation”).

It is very important that You check the information provided at renewal to confirm it remains accurate and complete. If any of the information is incorrect or if Your circumstances have changed You should contact Us immediately so We can update Your details. If You do not notify Us or Your insurer of any incorrect information or change in circumstances, it may lead to Your policy being cancelled or a claim rejected or not fully paid.

If Your policy was arranged by another party and You decide to transfer administration of the policy to Us after cover has started (mid-term), We will not be liable during the current insurance period for any loss arising from any errors or omissions or gaps in Your insurance cover which were the fault of the arranging party, or for advice We did not supply to You. If You have any concerns about a policy which has been transferred to Us, or if You want an immediate review of Your insurance arrangements, You must tell Us straight away. Otherwise, We will review Your insurance arrangements and advise accordingly as each policy falls due for renewal.

Your insurance contract may include a cancellation clause giving You the right to cancel Your policy before the period of cover runs out. If You decide to cancel Your policy in accordance with any timeframes set out in Your policy, and subject to no claims having been made or intimated, You may be entitled to a proportionate refund of premium paid. Please note Our commission and where appropriate fees, are fully earned from the date the policy commences and will not be refundable. Please also refer to the section headed “How we are paid for our services” for advice on any cancellation charges We may apply.

If you have a pure protection policy and are considered a Consumer Customer, You have the statutory right to cancel the policy within 30 days of Us informing You that the contract has been concluded, or from the date You receive Your policy documentation if this is later. This right means that You can cancel the policy in accordance with its terms and conditions without providing a reason. If You want to exercise this right and cancel a policy, You must tell Us before the 30-day cancellation period ends.

If You exercise Your right to cancel the pure protection policy within the 30-day period, You will not be charged any premium or fees.

These pure protection policy cancellation rights do not apply to a short-term policy of less than six months duration, to policies effected by the trustees of an occupational pension scheme, an employer or a partnership to secure benefits for the employees or the partners in the partnership, or to a policy for which the performance has been fully completed, for example because You have made a claim.

If You do not pay Your premium to Us by the due date, We reserve the right to instruct insurers to cancel Your policy.

If Your policy is paid via a premium finance facility and they ask Us to cancel the policy, for example, because You have defaulted on Your monthly payments, We will undertake this action, but We will be acting as Your agent in the process, and not as the agent of the lender.

You or We can terminate Our authority to act on Your behalf by giving the other party at least 14 days’ notice in writing (or such other period We mutually agree). Termination is without prejudice to any transactions already started by You, which will be completed according to these Terms of Business unless We agree otherwise in writing. You will remain liable to pay for any transactions or adjustments effective before the termination and We will be entitled to retain any and all commission and/or fees payable in relation to insurance cover placed by Us prior to the date of written termination of Our authority to act on Your behalf.

Once Our authority to act on Your behalf has ended, We will no longer provide claims assistance for any unsettled claims against the policy. We will however cooperate in transferring copies of any claims records We hold to which You are entitled, if You instruct Us to in writing.

Once Our authority to act on Your behalf has ended, We will no longer provide claims assistance for any unsettled claims against the policy. We will however cooperate in transferring copies of any claims records We hold to which You are entitled, if You instruct Us to in writing.

Insurers pass information to the Claims and Underwriting Exchange Register operated by Database Services Ltd and the Motor Insurance Anti-Fraud Register compiled by the Association of British Insurers. The objective is to check information provided and to prevent fraudulent claims. Motor insurance details are also added to the Motor Insurance Database operated by the Motor Insurers’ Information Centre (MIIC) which has been formed to help identify uninsured drivers and may be accessed by the Police to help confirm who is insured to drive. In the event of an accident, this database may be used by Insurers, MIIC and the Motor Insurance Bureau to identify relevant policy information. Other insurance-related databases may be added in the future. By using our services, You are giving Your consent to Your data being shared with these databases.

To comply with Our obligations under the money laundering legislation and regulations in relation to the Proceeds of Crime Act, You agree to provide Us with any such evidence and information about Your identity and that of any associates as We may reasonably require.

Both parties shall pay due regard to, and co-operate in respect of the observance of, any applicable international economic, financial or trade sanctions legislation.

Unless otherwise agreed between Us in writing, no term of this agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999.

In the event of any breach of these terms and / or in the event of any representation, statement or act or omission including negligence arising under or in connection with all contracts between Us then the following provisions set out Our entire financial liability (including any liability for the acts or omissions of Our employees, agents, and sub-contractors) to You.

Our total liability to You for any reason whatsoever in connection with the performance or contemplated performance of our services to You shall be limited to £5,000,000 (five million pounds). We will not be liable to You for any losses that You or anyone else may suffer that are not directly associated with either Our negligence or failure to provide our services to You in accordance with Our agreement. This includes (but is not limited to) any indirect or consequential loss or damage which may be losses that are not reasonably foreseeable (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses, or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the services We provide to You.

Nothing in these terms excludes or limits Our liability for death or personal injury caused by Our negligence, or fraud, fraudulent misrepresentation, or breach of any regulatory obligation.

We are entitled to assign these Terms of Business to any other Affiliate for so long as such company remains an Affiliate. Without affecting Our fiduciary duty to You We are entitled to transfer client monies to an identical bank account held in the name of any Affiliate for so long as such company remains an Affiliate.

This Terms of Business constitutes the entire agreement and supersedes all previous agreements, understandings, and arrangements whether in writing or oral in respect of its subject matter.