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John Ansell & Partners Ltd, 1 Great Tower Street London EC3R 5AA

Terms of Business

Accepting our Terms of Business

By asking us to quote for, arrange or handle your insurances, you are providing your agreement to these Terms of Business.

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 above address.

The Financial Conduct Authority

John Ansell & Partners Ltd is an insurance broker, authorised and regulated by the Financial Conduct Authority (FCA) to transact general insurance and consumer credit business. Our Financial Services Register number is 306121. We trade as John Ansell & Partners Ltd, British Activity Holiday Insurance Services (BAHIS) and Best Case Insurance.

You may check this on the Financial Service Register by visiting the FCA’s website, www.fca.org.uk or by contacting the FCA on 0800 111 6768.

Our products and services

Unless otherwise advised, the services we provide (the ’Services’) are as follows:

  • Acting on your behalf when sourcing and placing your insurance and with any claims made on policies we have arranged
  • Providing advice on your risk exposure and insurance needs, based on a fair analysis of the market
  • Arranging cover to meet your demands and needs
  • Helping with ongoing changes

John Ansell and Partners Ltd is not under a contractual obligation to conduct insurance distribution exclusively with one or more insurance undertakings and does not provide personal recommendations. We provide advice on the basis of a fair analysis of the market unless we specifically state otherwise.

We may be able to offer finance for insurance instalments through the insurer and Premium Credit Ltd or Close Premium Finance but we do not offer advice or make recommendations. We will give you further information about this before we finalise your instalment arrangements.

Unless you tell us otherwise we will act on the understanding that we have your authority to agree to insurance policy wordings on your behalf.

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.

Insurer security

Whilst we monitor the financial strength of the insurers with whom we place business it should be noted that the claims-paying ability of even the strongest insurers could be affected by adverse business conditions. We cannot, therefore, guarantee the solvency of any insurer or underwriter.

A liability for the premium, whether in full or pro rata, may arise under policies where a participating insurer becomes insolvent.

Complaints and compensation

We recognise the importance of service and set ourselves high standards. Should there be an occasion when we do not meet your expectations we are equally committed to dealing with any complaint in a thorough and professional manner.

If you wish to register a complaint or request a copy of our complaints procedures please contact us:

in writing... John Ansell & Partners Ltd, 1 Great Tower Street London EC3R 5AA

by phone... 020 7251 6821

by email…. enquiries@ansell.co.uk

When dealing with your complaint, we will follow our complaint handling procedures. If you are not satisfied with the resolution of your complaint 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).

If you are not eligible for referral to the FOS, John Ansell & Partners Ltd has an appeal process that ensures that your complaint is reviewed by a senior manager not involved in the original complaint handling.

Financial Services Compensation Scheme

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. If you are eligible to claim from the FSCS, compensation in relation to insurance advising and arranging is available as follows:

  • 90% of the claim, without any upper limit.
  • 100% of the claim without any upper limit for;
    • compulsory classes of insurance (such as Third Party Motor or Employers Liability), and
    • pure protection’ contracts, professional indemnity insurance, and general insurance claims arising from the death or incapacity of the policyholder owing to injury, sickness of infirmity, or where an insurance intermediary has failed to pay money to an insurer, pay away money it has received from an insurer, or has failed to take steps to allow the insurer to effect the contract of insurance.

Further information about compensation scheme arrangements 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 insurers, product providers and where applicable finance providers. 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.

In respect of business placed with Aviva, DTW1991 Underwriting Limited or NIG (underwritten by UK Insurance Limited) we may receive an additional payment based on the volume of business and claims paid by each insurer.

We also charge you for handling your insurances as follows:

  • New business a minimum of £30.00 per policy
  • Mid-term amendments a minimum of £30.00 per amendment
  • Issuing duplicate documentation, a minimum of £30.00 per document
  • Renewals a minimum of £30.00 per policy.

Before your insurance arrangements are concluded, you will receive a quotation which will tell you the total price to be paid, and which identifies any fees, taxes and charges separately from the premium. Full payment of premium and fees is due before cover commences, or as otherwise stated under terms of credit, or in the debit note, invoice or statement issued to you.

We earn the entirety of our commission and/or fees when your risk is placed and take our commission/fees upon receipt of your premium unless agreed otherwise with your insurer. In the event of an adjustment or cancellation that results in a return of premium we will refund the premium net of our full commission and any charge made by insurers. If you pay by instalments we will claim our full commission and any charge made by insurers in the calculation of any outstanding monies.

Handling client and insurer money

Our financial arrangements with most insurance companies are on a ‘Risk Transfer’ basis. This means that we act as agents of the insurer in collecting premiums and handling refunds due to clients. 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 we will ask you to make payment 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, charges for our services will apply in accordance with the ‘Payment for our services’ section above. The terms of your policy may allow insurers to retain the premium in full or to charge short-period premiums in the event of cancellation before the policy expires.

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. Valid reasons may include but are not limited to non-payment of premium or fees, commission clawback by insurers where instructions are given to another party to handle the customer’s insurance(s), failure to provide requested documentation or information, deliberate failure to comply with terms set out within these Terms of Business or insurer’s documentation, deliberate misrepresentation or non-disclosure or attempted fraud, use of threatening or abusive behaviour or language, or intimidation or bullying of our staff or suppliers.

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.

Your responsibilities

The terms of any insurance that we arrange on your behalf will be based upon the information provided by you to us or to your insurers.

John Ansell & Partners Ltd customers will be treated by insurers as either a consumer or commercial customer. There are differences in your disclosure duties depending on which classification is applied. We will advise you of these once an insurer is selected.

For a consumer (an individual buying insurance wholly or mainly for purposes unrelated to your trade, business or profession) you must take reasonable care to answer all questions put to you about your proposed insurance fully, honestly and to the best of your knowledge. If you do not understand the meaning of any question, or if you do not know the answer, it is vital that you tell us. Once cover has been arranged, you must immediately notify us or your insurer of any changes to the information that has been previously provided. The most serious consequence of failing to provide full and accurate information before you take out or renew insurance, or when your circumstances change, could be the invalidation of your cover. In that instance it would mean that a claim will be rejected.

For a commercial customer, or someone buying insurance mainly for purposes related to your trade, business or profession, you have a duty to give a ‘fair presentation’ of the risk to insurers. This means that you must clearly disclose every material circumstance which you, your senior management or persons responsible for arranging your insurance, know or ought to know following a reasonable search, before your cover is placed, when it is renewed and throughout the life of the policy. A material circumstance is anything that may influence an insurer’s judgement over whether to take the risk and, if so, on what terms. If you are in any doubt as to whether a circumstance is material, you are advised to disclose it. Failure to disclose a material circumstance may entitle an insurer to impose different terms on your cover or reduce the amount of a claim payable, and in some cases your cover could be invalidated which would mean that a claim would not be paid.

You are advised to keep copies of any correspondence you send to us or direct to your insurers.

The processing of your personal data

At John Ansell & Partners Ltd we take the protection of our customers’ data seriously.

In sourcing, arranging and administering your insurance policies we will need to collect personal information and keep it up to date. We also need to share information with other parties such as insurers, loss adjustors and claims handling companies.

We may also use the data we hold about you to provide you with information about other products and services which we feel are appropriate.

Our Data Protection and Privacy Policy provides details of how we use and share your information as well as your rights and how to exercise them. How we process your personal data is also detailed within our Data Protection and Privacy Policy on our website at https://www.ansell.co.uk/about-us/data-protection-and-privacy-policy.aspx.

If you would like us to send you a copy of the policy or if you require further information on how we process your data or you wish to exercise your rights, please contact our data privacy representative by emailing enquiries@ansell.co.uk or by telephoning 020 7251 6821

Credit checks

We, and other firms involved in arranging your insurance (insurers, other intermediaries or premium finance companies) may use public and personal data from a variety of sources including credit reference agencies and other organisations. The information is used to help tailor a price, to ascertain the most appropriate payment options for you and to help prevent fraud. Any credit reference 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.

Conflicts of interest

Occasions can arise where 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 and 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. Generally, insurers require immediate notification of a claim or circumstances which might lead to a claim. We will employ due care and skill if we act on your behalf in respect of a claim.

October 2018

For immediate advice, please call 0800 131 3417 or:

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