The Financial Conduct Authority is the independent watchdog that regulates financial services. Bayliss & Cooke is a trading name of John Henshall Ltd which is authorised and regulated by the Financial Conduct Authority. Our FCA Register number is 307059. You can check our status at https://register.fca.org.uk/ or by contacting the FCA on 0800 111 6768. Our permitted business includes advising, arranging, dealing in and assisting with the placing & administration of General Insurance policies, and credit broking.
We are an independent insurance broker, who acts on our customers’ behalf in arranging insurance. Our services include: assessing Your insurance needs and recommending policies personally suitable for You; arranging Your insurance cover with insurers to meet Your requirements; and helping You with any ongoing changes You have to make. As part of our service, We will assist You with any claim You need to make and tell You what Your responsibilities are in relation to making claims.
Insurance cover will NOT be in place until instructions have been received and accepted by insurers.
We may communicate with each other by electronic mail sometimes attaching further electronic data where we have each expressed a wish for that to happen. By consenting to this method of communication you and we accept the inherent risks (including the security risks of interception of or unauthorised access to such communications, the risks of corruption of such communications and the risks of viruses or other harmful devices). We will each be responsible for virus checking all incoming electronic communications. In the event of a dispute neither of us will challenge the legal evidential standing of an electronic document.
We usually receive a commission from the insurer with whom We place Your business and, in addition, We normally make the following charges to cover the administration of Your insurance:
• Arranging new policies * - £ 20
• Mid-term adjustments - No charge
(Mid-term cancellations and other refunds are refunded NET of commission)
• Renewals * - £ 20
• Replacement/duplicate certificates or cover notes - No charge
• Payment by Credit Cards - No charge
* We may arrange a policy on which We earn little or no commission and in these cases We will advise You of the arrangement fee before You take the policy out. We may also make additional charges specific to the arrangement and servicing of certain policies, but these will always be advised to You in advance. We may also receive additional remuneration from arranging premium finance and from certain insurers based upon the volume of profitability of our account with them.
When we charge a fee for our services, no part of the fee is refundable in the event of cancellation of the covers or of our services.
You are entitled to ask us to explain our earnings on any transaction completed for you.
We are a data controller. We act as your agent and will collect data, including personal information and risk details, solely to enable us to obtain and provide insurance quotations, arrange and administer your insurance. Data collected by us is contractual, and for our legitimate business interests as an insurance broker and we will be unable to offer any quotation or insurance if you refuse to provide certain personal data, including health, financial and criminal records data which is collected under the lawful basis of public interest, where these would affect the provision of cover and/or performance of insurance contracts. Your information will be held securely by us and shared with insurers, which could include reputable providers in other countries, to enable them to provide accurate terms and they will also obtain data about you and your insurance history from various insurance anti-fraud databases, such as the Claims and Underwriting Exchange (CUE) as well as publicly available websites and credit referencing agencies.
We will also use your contact information to provide you with newsletters and updates on our service and other products available, but we will not give anyone else any personal information except on your instructions or authority, or where we are required to do so by law, or our regulatory requirements. Information about you and your insurances will be held while you are a client and for a minimum of three years, and in certain circumstances up to six years, after expiry of your policies. Under the Data Protection Act data subjects have the right to see, and correct, personal information about them that we hold. Please write to us at our usual office address if you wish to exercise your rights or have a complaint about our use of your data.
Although we will check the policy documents we send you, you are responsible for reviewing the policy to ensure that it accurately reflects the cover, conditions, limits and other terms required. Particular attention should be paid to any policy conditions, warranties and the claims notification provisions as failure to comply may invalidate coverage. If there are any discrepancies you should consult us immediately.
You may have a statutory right to cancel your policy within a short period. Please refer to your policy summary or your policy document or renewal notice for further details. If you wish to cancel outside this period cancellation rights will be as detailed in your policy document and some policies will not provide a refund if cancelled.
All activities undertaken by us as outlined in this document are provided by us for your exclusive use and all data, recommendations, proposals, reports and other information provided by us in connection with out services are for your sole use. You agree not to permit access by any third party to this information without our express written permission. We reserve our right to take action to protect proprietary information.
We are a credit broker, not a lender. We only offer the credit facilities of Henshalls Premium Finance Ltd, Premium Credit Ltd, Close Brothers and various insurers, and We will not provide any advice on the suitability of credit facilities to Your needs. We use providers who will conduct a credit check, which will be recorded on Your credit record. Please contact us if You do NOT consent to a credit check being undertaken, however this may affect our ability to offer instalment facilities to You.
Please Note: Your policy cover will cease if You fail to keep up payments on an instalment agreement or premium finance facility related to it and Your credit rating may be affected. In entering into a credit agreement to pay Your insurance premium, You give the finance provider the legal Right to cancel Your insurance policy on Your behalf in the event that You default on the loan, and offset any refunded premium against the outstanding amount owed to them. This means that if You default on Your payment terms and the finance provider requests that We cancel Your policy, We will do so as Your agent.
If You do not spread Your payments through one of our finance providers, our preferred methods of payment are by BACS or debit/credit card. Payment is also accepted by cheque. We will give You full information about Your payment options and the appropriate finance agreement when We discuss Your insurance in detail.
Under the terms of our agreements with the Insurance companies with whom We place business, We normally receive premiums You pay to us as Agent of the Insurer. All insurance premiums You pay to us are protected in a Non-Statutory Trust Client Account until We pay insurers. We may use premiums kept in this account to provide credit to our customers, and, as a result we maintain additional capital resources and strict credit-control and monitoring procedures, as required by the FCA. We do not pay any interest on premiums held by us in the course of arranging and administering Your insurance.
Our services may be terminated either by us or by you. In the event our services are terminated by you, we shall be entitled to receive any and all fees or brokerage payable (whether or not the same have been received by us) in relation to policies placed by us.
You agree that we have a right to amend this document by sending you either a notice of amendment in writing or a revised Terms of Business Agreement. Any amendment will apply in respect of any service transaction entered into by us after notice of the amendment is given and may take effect either immediately or at such later date as the notice may specify. We will however give you at least ten business days’ notice of any change.
We shall act with due care, skill and diligence when acting for you in relation to a claim and avoid conflicts of interest. Unless advised otherwise, all claims should be reported to John Henshall Limited. Except where agreed with you otherwise, we will provide our claims handling services for the period of our appointment. These services can be continued beyond our appointment by mutual agreement and may be subject to a separate fee.
Our aim is to provide a first class service, however if You wish to register a complaint please contact us by writing to our Managing Director Mark Freeman, Gower House, 14-16 High Street, Newport, Shropshire TF10 7AN, email mailto:email@example.com, phone on 01952 820358, or by fax on 01952 810705. If You cannot settle Your complaint with us, You may be entitled to refer it to the Financial Ombudsman Service, for an independent assessment and opinion. The FOS Consumer Helpline is on 0800 023 4567 and their website is at: www.financial-ombudsman.org.uk or you can contact them by post at: Financial Ombudsman Service, Exchange Tower, London E14 9SR
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 90% of the claim without any upper limit. For compulsory classes of insurance, 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 0800 678 1100 or at http://www.fscs.org.uk
Our policy is to act in the best interests of our clients and to avoid prejudicing any party; we operate strict guidelines in this respect
This document and any amendment constitute the entire terms on which we will provide general insurance services to you and no alteration will have effect unless issued or agreed by us in writing.
Unless otherwise agreed between us in writing no terms of this Agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999.
This Agreement, which sets out the terms of our relationship with you, will be governed by and construed in accordance with English Law and any dispute arising under it shall be subject to the exclusive jurisdiction of the English Courts.
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.
We will conduct a fact-find to evaluate Your insurance needs with the member of Your business that You choose to nominate as Your Insurance Contact, who will be responsible for ensuring that Your disclosure obligations to insurers are met.
We will act as Your agent in sourcing a policy to meet Your demands and needs and presenting the information provided by Your nominated Insurance Contact in a manner which is clear and accessible to insurers. Where we operate under any delegated authority from insurers we will act as their agent when issuing cover and in handling any claim you may make, and We will always advise You where this is the case.
We will advise and make a recommendation for You after We have assessed Your demands and needs. Our advice will be confirmed in a demands & needs and suitability statement, giving the reasons for Our recommendation.
We typically offer advice from a range of insurers, representing a fair analysis of the market, which means that We will have compared products from a sufficiently large range of insurance providers in terms of cover, price, quality of service and other relevant features in order to select appropriate policies for You. However, under certain circumstances We may only deal with a limited panel, or single insurer or We may use another, specialist, intermediary to access the insurance product that most suits Your needs. We will always inform You where this is the case.
We usually receive a commission from the insurer and premium finance provider with whom We place Your business and, in addition, We will normally make the charges as shown in our Terms of Business Agreement to administer your policy. Prior to the conclusion of each insurance contract, or upon renewal, We remind You of Your right to be advised of the level of commission which We receive from underwriters. You are entitled, at any time, to request information regarding any commission which We may have received as a result of placing your insurance business.
You have a duty under the Insurance Act 2015 to make a fair presentation of the risk to insurers. This duty applies when You take out Your commercial insurance policy, throughout the life of such policy, and when You renew it.
This duty includes a need for Your nominated Insurance contact to undertake a reasonable search for material information which is known, or ought reasonably to be known, by anyone playing a significant role in making business decisions in Your business (such as Your company’s principals, directors, senior management or shareholders) and staff responsible for arranging or administering Your firm’s insurance. You should advise Us of any particular concerns which led You to seek insurance cover and any special or unusual facts relating to the risk.
You must ensure that all material statements of fact are substantially correct and not misleading, and any material information which is a matter of expectation or belief (eg. an estimate or forecast) is provided in good faith.
Failure to disclose any material information or change in circumstances to Your insurers which could influence the cost, or their decision to accept Your insurance, could mean that Your policy could be invalidated or cancelled without refund, or that part or all of a claim may be not be paid. ‘Material Information or changes in circumstances’ could include Your inability to comply with any conditions or warranties applicable to your policy, which should be notified to Us immediately.
‘Material statements’ and ‘material information’ are information which could influence the judgement of a prudent insurer in determining whether to take on a risk and on what terms.
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