Terms of business

We are authorised and regulated by the Financial Conduct Authority and our reference number is 307635, we are bound by their rules. This authority gives us permission to arrange general non-investment insurance products. You can check this on the financial services register which is held on the Financial Conduct Authority’s (FCA) website http://www.fca.org.uk or by contacting the FCA on telephone number 0800 111 6768 or 0300 500 8082 from the UK, or +44 207 066 1000 from abroad.

We are registered under the Data Protection Act 1998. Our Register No. is Z7038503. You can check this by visiting the web-site www.informationcommissioner.gov.uk.
We are members of the British Insurance Brokers Association (BIBA).

Our Service:
  • We act as an independent intermediary, arranging non-investment insurance products.
  • We arrange your cover with a single or limited number of Insurer(s) to meet your needs and help you with any ongoing changes you may have. We will provide you with a list of these insurers if you request this. We offer a range of general insurance products and have access to a number of Insurers with whom we place your insurance. We will give you details of these insurers when we discuss your individual requirements. We will advise you of any inability to place your insurance.
  • Except where claims are dealt with direct by the Insurers or their agents as advised in the Policy literature, we may provide assistance when you need to make a claim, and we will process your claim as appropriate to the Policy.
Unless otherwise stated, any Quotation given is operative for a period of 30 days from the date of quotation.

Receipt of Instructions
We do not consider instructions to arrange or change cover sent to us by post, electronic mail or facsimile, or left on answering equipment, to have been received until they reach the relevant personnel in our offices. We do not accept responsibility for instructions that do not reach us due to failures in the postal, electronic or telecommunications systems.

Fair presentation of Risk (Commercial Customers) - Reasonable Search. You must make adequate enquiries within your business to identify and verify information relevant to the risk(s) concerned. These must include all relevant knowledge of the ‘senior management’ of the business and those involved in buying the insurance (including us). Reasonable enquiries must also be made of any relevant third parties involved with the business, including external consultants, contractors and anyone insured by the Policy.

Presentation of the risk must be clear and accessible and must highlight unusual activities and/or known areas of concern that could affect the risk.

Disclosure of Material Facts (Commercial Customers).

You must disclose any material fact at inception, renewal and during the currency of your insurance contract. If you are aware of any circumstance that may affect the risk, you should let us know as soon as possible:
  • when you arrange your insurance policy,
  • throughout the life of your policy,
  • when you renew your Insurance,
  • when your circumstances change.

If you are in any doubt as to whether or not a fact is material you should let us know or ask us as soon as possible. The consequences of not disclosing material facts are that your policy may be invalid and claims may not be paid.

Consumer Disclosure Act (Retail Customers).
You are required by the provisions of the Consumer Insurance Act to take reasonable care to supply accurate and complete answers to all the questions in the Statement of Facts, Proposal or Application Form to make sure all information supplied is true and correct.

You must tell us of any changes to the answers you have given as soon as possible. Failure to advise us of a change to your answers may mean that your policy is invalid and that it does not operate in the event of a claim.

You are advised to keep a record of all correspondence supplied to us for the purpose of entering into a contract with an Insurer. To assist in the provision of customer service, some or all information supplied by you may be filed electronically.

Your Declaration. You will usually be requested to sign a proposal form(s) and/or application form(s); this will constitute your agreement that all the details supplied by you and contained on the form are accurate, and that you understand that the terms offered are based on your proposal/application form(s). You always have the opportunity of correcting any entries or amendments if they are not correct, and revised form(s) will then be sent to you for your agreement and acceptance, and your signature thereon will represent your positive assurance that you are agreeing to such declarations and amendments.

Specimen Policy
Specimens of policies/wordings can be made available upon request, and generally we can request a large print version or a version in Braille, assuming co-operation of the insurers.

Awareness of Policy Terms
When a policy is issued you are strongly advised to read it carefully (along with accompanying notes and information), as it is that document, its schedule, and any certificate of Insurance (along with any application or proposal form), that are the basis of the cover you have arranged. If you are in any doubt over the policy terms or conditions, please seek our advice promptly.

Premium Payments
You must provide the premium due in cleared funds in accordance with the amounts and payment dates specified in our debit note. Failure to meet the payment date may lead to insurers cancelling your policy. Where insurers have specified that the premium must be received by a certain date, failure to comply can result in the automatic termination of your insurance contract. We normally accept payment by bacs, debit/credit card or cheque. For credit cards, a small administration charge is usually added. We will give you full information about your payment options when we discuss your insurance with you.

Our income is derived from commission, based upon a percentage of premium, usually net of IPT, brokerage and other remuneration paid by the insurers or fees that will be agreed with you before conclusion of the contract. We reserve the right to make charges in addition for the arranging, renewing, amending and/or cancellation of any policy of Insurance. Any such charges will be shown in all correspondence with you. Where charges are known you will be advised prior to conclusion of the contract.

Client Money General
The FCA rules are designed to protect you in the event that an insurance intermediary fails or is unable to transfer:
  • any premium money it has received from you to the insurer; or
  • any claims or return premium monies that it has received from the insurer to you.
We are governed by strict rules pertaining to Client Money, set down by the FCA. Where we hold monies in a client bank account we may earn interest on monies held, which will be retained by us for our own use . We will hold money separate from our own money with an approved bank, segregated in a client bank account designated as subject to a Statutory Trust. We act as Trustees of our clients’ monies and must meet certain legal and regulatory conditions. Client money will be deposited with one or more approved banks.

If you have occasion to claim on your policy you must notify the nominated Claims Handler or us promptly, as indicated in the Policy Documents, as delay may prejudice your claim. Please refer to your Policy for details of where to address your claim.

It is always our intention to provide a high standard of service. However, if you should wish to make a formal complaint, we have a complaints procedure. In the first instance you should contact us either in writing, or by telephone or by e-mail. Please address your complaint to THE DIRECTORS. We will acknowledge in writing, advising you within five working days. If our investigations take longer, we will aim to provide a full response within 4 weeks or explain why the issue has not yet been resolved and give you a likely timescale of when our investigation will be concluded. If we cannot conclude our investigations within 8 weeks we will write to you again with an explanation. If you are unhappy with the outcome of your complaint, you may be able to refer it to the Financial Ombudsman Service, Exchange Tower, Harbour Exchange Square, London, E14 9GE, Website: www.financial-ombudsman.org.uk Email: complaint.info@financial-ombudsman.org.uk. Telephone: 0300 123 9123 (charges apply) or 0800 023 4567 (free phone). For callers from abroad: +44(0)20 7964 0500 (charges apply). The Financial Ombudsman Service offers a free and independent service to you, to help settle disputes between businesses providing financial services and their customers.

Details of how we collect and use information about you are contained in our Privacy Policy which forms a part of this Agreement and may be viewed on our website at: https://www.irvinebrokers.co.uk/privacy.aspx

We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the FSCS if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. Further information about compensation is available from the FSCS at www.fscs.org.uk or telephone 0800 678 1100 or 020 7741 4100.

We do not guarantee the solvency of any insurer we place business with. A liability for the premium, whether in full or pro rata, may arise under policies where a participating insurer becomes insolvent.

Limit of Liability.
1. Nothing in this agreement shall limit or exclude our liability for:
  • (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
  • (b) fraud or fraudulent misrepresentation;
2. Subject to clause 1 above:
  • (a) we shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this Agreement or any service or product supplied to you; and
  • (b) our total liability to you in respect of all other losses arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £250,000.

Cooling Off Period
  • Non-travel policies normally allow midterm cancellation, subject to policy wording.
  • For travel insurance policies you have 14 days from the date of issue during which time you may cancel the insurance, provided that no claim has been made and you have not travelled during that period.
Should you wish to cancel a policy you should contact us immediately.

Law & Jurisdiction
Unless specifically agreed to the contrary this insurance shall be subject to English Law.

By accepting these Terms of Business you are giving your consent for us to operate in accordance with the above.