TERMS OF BUSINESS AND STATUS DISCLOSURE
Please read this document carefully. It sets out the terms on which we agree to act for our clients and contains details of our regulatory and statutory responsibilities. Please contact us immediately if there is anything in this document which you do not understand, or with which you disagree.
About Global Re Broking Solutions Ltd.
Global Re Broking Solutions Ltd., registered in England (101787) and whose Registered Office address is Innovation Centre, Highfield Drive, St. Leonards-On-Sea, TN38 9UH, is an all-services insurance broker which offers various insurance products. We are authorised and regulated by the Financial Conduct Authority (FCA) which is the independent watchdog that regulates financial services. Our FCA Reference Number is 516525.
These details can be checked on the FCA’s Register by visiting the FCA’s website www.fca.org.uk/ or by contacting the FCA on 0845 606 9966.
Global Re Broking Solutions Ltd. is owned 100% by the directors of the Company.
Global Re Broking Solutions Ltd. has no direct, or indirect, holding in any insurer and no insurer has any direct, or indirect, holding in Global Re Broking Solutions Ltd.
The FCA classifies customers as follows:
A Consumer is any natural person who is acting for purposes which are outside their trade or profession, that is, arranging mainly personal insurances.
A Commercial customer is one who is not a Consumer, that is, one who is effecting insurance to protect a business.
These classifications impact on how certain aspects of FCA regulation affect your position and they are highlighted within these Terms of Business.
Level of Service and Product Offered
For the avoidance of doubt, if our appointment and/or these terms of business are terminated, or we cease to act on your behalf in relation to the placement of insurance, we shall cease automatically to handle claims on your behalf in respect of insurance contracts, whether placed by us or otherwise. We will consider continuing to provide claims handling services for you after termination of our appointment and /or these terms of business, or cessation of us acting on your behalf in relation to the placement of insurance, if you instruct us to do so in writing and an additional fee for such services is agreed between you and us. We will consider continuing to handle claims on insurance contracts we have placed for you at your request but only if we are able to do so and can agree an appropriate remuneration.
At your request we may also make representations about the insurances we have arranged for you to other interested third parties provided that you pay us an additional fee and we are able to either disclaim or limit our liability to such third parties in a way that is satisfactory to us.
If we carry out any other insurance broking related services for you, such services will also be subject to these terms of business, subject to the remuneration clause below.
You understand and agree that we are not the insurer of any risk and that we do not guarantee or warrant either the availability of an insurance contract or the financial security, solvency or performance of an insurer. Whenever we offer you the opportunity to select from products offered by more than one insurer, the final selection of insurer remains with you. If at any time the cover you require can only be provided by an insurer that is not on our list of approved insurers, we will advise you of such. If during the period of the insurance contract which we have placed for you, we become aware that an insurer of that risk ceases to be on our list of approved insurers for new business, then we will advise you of that fact. Unless we agree otherwise in writing, we will not have any further obligation to take any other steps to advise you of the ongoing security afforded by your insurers. We do not accept liability for any insurer which fails to respond to all or part of any valid claims. If you are not happy with an insurer or the security it provides, please let us know immediately.
Where relevant, prior to the end of the insurance contract period, you will be advised by us of the terms on which the insurer of that insurance contract may be willing to renew the insurance contract for a further period. In the event that either the insurer is not willing to renew the insurance contract or we no longer arrange such an insurance contract with that insurer, we will notify you and, unless you tell us otherwise, may advise you of the terms of any alternative insurance contract offered by another insurer.
In relation to distance contracts, the terms and conditions and other information will be supplied in English and both you and Global Re Broking Solutions agree to communicate in English during the duration of the contract
We use all reasonable care to protect your interests and monitor the security of the insurers with which we transact business, utilising information available in the public domain.
However, we are unable to guarantee the continuing solvency of any company and do not accept liability for any losses arising or any additional costs in replacing the insurance with an alternative insurer.
Your Duty to Disclose Material Information
Under the laws of England and Wales, your duties of disclosure will depend on whether you are entering into the insurance contract as a consumer or not. A consumer is defined as an individual (i.e. a person rather than a company or partnership) who enters into an insurance contract (even if this is done through a third party; for example, where an employer organises group insurance cover on behalf of its employees) wholly or mainly for purposes unrelated to the individual’s trade, business or profession. The position may differ where the insurance contract is subject to the law of another country.
Your disclosure obligations where you are a consumer – Where you enter into an insurance contract as a consumer, you are under legal duty to take reasonable care not to make a misrepresentation to the insurer. You will be deemed to have made a misrepresentation without taking reasonable care if you deliberately, recklessly or carelessly answer insurers’ specific questions incorrectly. A misrepresentation which is made dishonestly is always to be taken as showing a lack of reasonable care. Depending on the type of misrepresentation made, this could result in your insurance contract being rendered void (so that claims would not be paid and there would be no cover), the terms of your insurance contract being amended, or insurers reducing proportionately the amount of your claim they pay to take account of any increased premium that they would have charged.
Your disclosure obligations where you are not a consumer – You must disclose all material information. Material information is information that would influence an insurer in deciding whether a risk is acceptable and, if so, the premium, terms and conditions to be applied. Under the Laws of England and Wales, failure to disclose to the insurer all such information or a misrepresentation could result in the insurance contract being rendered void, so that claims would not be paid and there would be no cover.
In both instances (i.e. when you are a consumer and when you are not a consumer), your disclosure obligations (as set out in the paragraphs above will arise: Before the policy is entered into – If you become aware that information that you have supplied prior to the confirmation of your insurance contract (even if this is after insurers have provided you with a quote) was incorrect or incomplete you should tell us immediately; and After the policy is entered into – The duty of disclosure is re-imposed when there are changes or variations in cover, when the insurance contract is renewed or extended and when making a claim. In addition, changes which substantially increase the risk, or relate to compliance with a warranty or condition in the insurance contract, must be notified at once. Some insurance contracts contain an express obligation to notify any change in risk.
Please contact us immediately if you are in any doubt as to whether or not information might be disclosable, if you have any concerns that we might not be aware of all relevant information, or if you are unsure whether you are consumer.
You agree that you are not undertaking regulated activity. If at any time you are undertaking regulated activity you will immediately notify us.
Adequacy of Sums Insured and Limits
At all times it is the responsibility of you, the insured, to ensure that insured values and policy limits are adequate and property sums insured properly reflect current reinstatement / replacement costs. Whilst we may seek to assist in establishing and maintaining insured values we cannot accept responsibility for their accuracy.
We aim to treat you fairly at all times by ensuring that we provide you with insurance products, services and advice that are suitable and meet your needs and expectations.
We will conduct our business with integrity, due skill, care and diligence and communicate information to you that is clear, fair and not misleading.
Conflicts of Interest
These terms of business will not prevent us from acting for other clients, who may be your competitors or with whom you may have business dealings. You acknowledge and agree that this may prevent us from advising you of information which has come into our possession by virtue of our acting for another client.
In the event that we identify a conflict of interest in our providing any of the Services to you we will immediately notify you and seek to agree how to continue to provide those Services.
In consideration of us providing the Services to you we will be entitled to a fee and/or brokerage. You will receive a quotation, which will inform you of any other fees relating to any particular insurance contract. Subject to any regulatory requirements placed on us, brokerage and fees are earned at the time of the placement of the relevant insurance contract and we will be entitled to retain all fees and brokerage in respect of the full insurance contract period in relation to insurance contracts placed by us (even if you cancel the insurance contract and/or our appointment and/or these terms of business are terminated).
If, in addition to the Services, you wish us to perform any services for you requiring additional resource, these will be subject to an additional fee and/or brokerage. In the case of an additional fee payable by you, this will be discussed with you prior to an invoice being issued. If time permits, we will try to agree the additional fee before the services are commenced. If it is not possible to agree the amount of the additional fee in advance, we reserve the right to charge reasonable fee for the additional services carried out which will normally be based on our standard hourly rate for the staff involved.
Occasionally, when placing insurance with a number of insurers, we shall obtain subscriptions by insurers which are in excess of 100% of the cover required (for example, to ensure the risk is placed more evenly with a variety of insurers). In such circumstances, unless otherwise detailed within the terms of the insurance, we shall sign down each insurer’s share on a pro rata basis or on a basis that provides the most beneficial premium to you to provide a 100% subscription of the cover required. However, where such signing down is not possible or appropriate, we shall disclose this to you prior to obtaining your instructions to proceed with the placement.
We are committed to transparency in our relationship with you. In addition to fees from you and/or brokerage, we may carry out some of the administration associated with your insurance on behalf of, or for the benefit of, insurers and may receive additional remuneration from the insurers for this activity. We may also act as reinsurance broker to insurers with whom we have placed your insurance or reinsurance and your insurers or their (re)insurers may also remunerate us. Please contact us if you wish to know more.
If any payments to be made under these terms of business cannot lawfully be made in the currency specified, then this shall not in any way release you from any of your payment obligations to us under these terms of business and we shall be entitled to elect that you make payments in the equivalent value in GB pounds or in the equivalent value in a currency agreed by us.
Premiums must be paid in full in cleared funds prior to the inception date of the policy or by the due date in respect of renewal or in accordance with the dates specified in any invoice(s) issued to you. Unless we have agreed alternative arrangements in writing, failure to do so may invalidate the cover and enable insurers to cancel the policy.
Where insurers have specified that the premium must be received by a certain date by application of a Premium Payment Condition or Warranty and we have advised you of this, failure to comply may entitle them to cancel cover from inception.
We act as agents of the insurer in collecting premiums and handling refunds due to clients as well as the transfer of claims monies. In these circumstances such monies are deemed to be held by the insurer(s) with which your insurance is arranged. 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.
Payments to Third Parties
We may transfer Client Money to another person, such as another broker or settlement agent, for the purpose of effecting a transaction on your behalf.
Renewal and Cancellation of Insurance
We will provide you with notice of renewal of your policy, in good time ahead of the renewal date.
You should make any cancellation request in writing and return to us any relevant certificate of insurance. The terms of the policy may permit the insurers to retain the premium in full or to charge short period premiums in the event of cancellation before the policy expires.
Consumers are allowed to change their mind and to cancel an insurance contract within a period of 14 days from the date of receipt by them of the policy documentation: this information will be provided in the policy document. A time on risk/ administration fee may be charged in such circumstances.
Retention of Documents
We reserve the right to retain certificates and other policy documents until all payments due under the policy have been made in accordance with our invoice or statement. By accepting this agreement, you agree that delivery of any Certificate of Insurance to us shall constitute delivery to yourself in accordance with legal requirements. Should we withhold any documents, we will ensure that you are provided with full details of your insurance cover?
If you have occasion to claim or an incident arises that may give rise to a claim on your policy, you must advise us immediately so that we can ensure that your claim is passed to the insurer promptly. We will advise you of the actions required to progress your claim but, if we cannot deal with the notification, we will advise you accordingly. You should not admit liability nor agree to any course of action, other than emergency measures carried out to minimise the loss, until you have agreement from your insurer.
In the event of the insolvency of an insurer or delays making settlement, we will not accept liability for any unpaid sums.
We shall not be liable in any way for failure to perform, or delay in performing our obligations under these terms of business if the failure or delay is due to causes outside our reasonable control including, but not limited to, act of God or governmental act, fire, explosion, flood, accident, civil commotion or industrial dispute (“Force Majeure”). In the event of a Force Majeure arising we will notify you as soon as reasonably practicable.
Use of Personal Data
We will process any personal information we obtain in the course of providing our services to you, in accordance with the Data Protection Act 1998 and the General Data Protection Regulation (GDPR) 2018. In administering your insurances, it will be necessary for us to pass such information to insurers and other product or service providers which may also provide us with business and compliance support. We may also disclose details to relevant parties, as necessary, to comply with regulatory or legal requirements.
The Insurers of our Growing Timber scheme may contact you in order to promote products or services which may be of interest to you. We will not otherwise use or disclose the personal information we hold without your consent. If you do not wish to be contacted by the Insurers of the scheme, please contact us by email or in writing.
We will keep records of all our business transactions for a minimum period of three years. We treat all our clients’ records as confidential even when they are no longer a client. We cannot be held responsible for incorrect data held in the event of non-disclosure.
If at any time you wish us to cease processing any of the personal or sensitive data we hold, or to cease contacting you about products and services, please write to the Data Protection Officer at Global Re Broking Solutions Ltd., Innovation Centre, Highfield Drive, St. Leonards-On-Sea, TN38 9UH.
Should you require clarification of your rights under the Data Protection Act visit www.ico.org.uk or telephone 08456 30 60 60.
Complaints and the Financial Services Compensation Scheme (FSCS)
We will endeavour to act fairly and reasonably at all times and provide you with a professional service. Should you have any complaints about the service provided, please contact us in writing to The Managing Director, Global Re Broking Solutions Ltd., Innovation Centre, Highfield Drive, St. Leonards-On-Sea, TN38 9UH, or telephone us on 01424 858 190. When dealing with your complaint, we will follow our complaint handling procedures; a summary of these procedures is available on request. If you are still not satisfied, you may be entitled to refer the matter to the Financial Ombudsman Service (FOS) to which we subscribe. The contact details are as follows:
The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR or e-mail firstname.lastname@example.org. The telephone number is 0800 023 4567
The FOS is available to Consumer customers and micro enterprises (an enterprise employing fewer than 10 persons that has a turnover or annual balance sheet that does not exceed 2 million Euros), a charity which has an annual income of less that £1,000,000 or a trustee of a trust which has a net asset value of less than £1,000,000.
We are covered by the Financial Services Compensation Scheme (FSCS) and 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 is available as follows:
• Insurance advising and arranging is covered up to 90% of the claim with no upper limit
• For Compulsory Classes of Insurance (such as Third Party Motor or Employers Liability) insurance advising and arranging is covered for 100% of the claim without any upper limit
Full details and further information on the scheme are available from the FSCS at www.fscs.org.uk or by telephone on 020 7892 7300.
Financial Crime and Sanctions
We are obliged to take reasonable steps to safeguard our company and our clients against the risk of Financial Crime. In order to achieve this, we may require to ask you to provide us with additional information to help establish proof of identity or legitimacy of any insurance transactions you ask us to undertake on your behalf. We will generally not agree to make payments to unknown third parties where we have had no direct dealings or knowledge of an involvement on your account.
Any insurance transaction to or from a country subject to any form of Sanction may be prohibited or subject to restrictions.
Under UK Money Laundering regulations, we are obliged to report to the Serious Organised Crimes Agency any evidence or suspicion of financial crime at the first opportunity and we are prohibited from disclosing any such report.
Policy documents will be issued to you as quickly as possible. When a policy is issued you are strongly advised to read it carefully as it is this document, the schedule and any certificate of insurance which forms the basis of the insurance contract you have purchased. Particular attention should be paid to any policy conditions, exclusions, warranties and claims provisions as failure to comply may invalidate your cover. If you are in doubt about these, please seek our advice promptly.
For certain types of insurance, for example POL (Property Owners Liability) Insurance, it is possible that a claim may be made under a policy long after expiry date of the cover. It is therefore important that all policy documentation is kept safely, particularly that which may be called upon to provide protection beyond the expiry date of cover.
Telephone Call Recording
You are asked to note that telephone calls may be recorded for the protection of both you and us and also for training purposes.
The insurance industry is often called upon at very short notice to provide protection for customers wishing to transfer a risk. However, quite often there is uncertainty, either by the customer as to exactly what level of protection was provided and for the insurer not knowing exactly what it is they are insuring. To help avoid disputes from uncertainty, the insurance industry has produced a code of good practice to help provide ‘Contract Certainty’ before protection starts that the full wording be agreed by all parties before any insurer formally commits to the contract. The code also has service standards for issuing appropriate evidence of cover in a reasonable time. These are within 30 calendar days after inception or renewal date for Commercial customers or within 7 working days after inception or renewal date for Consumer customers.
Corporate etc. Entities
Where you are a Commercial customer and a corporation or entity which is not a natural person, unless we are specifically advised to the contrary in writing, we will be entitled to assume that everyone within your organisation (which term for this purpose includes any parent, subsidiary or associated company) who actually gives instructions to us which we accept and act upon, has the requisite authority to do so on behalf of the organisation.
Subject to your immediate settlement of any outstanding premiums and fees, you may instruct us to stop acting for you. Your instructions must be given in writing and a minimum of fourteen days’ notice must be provided or as otherwise agreed.
In circumstances where we feel we cannot continue providing our services to you, we will give you fourteen days’ notice in writing and this will take effect from the date of receipt by you of such notice, unless otherwise agreed.
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 and/ or fees received for conducting these transactions.
In the event that we no longer place insurances for you and if we continue to handle your claims, we may seek to agree a fee for future work.
Law, Jurisdiction and Third Party Rights
Unless we agree to the contrary in writing, you agree that this agreement shall be governed by and interpreted in accordance with the Law of England and Wales.
You agree that the English and Welsh Courts shall have the exclusive jurisdiction to determine any disputes (including claims for set-off and counterclaims) which may arise in connection with the validity, effect, interpretation or performance of the legal relationship established by this agreement or otherwise arising in accordance with this agreement. You irrevocably submit to the jurisdiction of the English courts.
A person who is not a party to these Terms of Business has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or enjoy the benefit of these Terms of Business.
You are deemed to have accepted these Terms of Business and give your consent for us to operate in the ways described, unless you advise us otherwise in writing within 10 days of either your policy inception date or renewal date.
However, your acceptance of these Terms of Business does not affect your statutory rights. For further information about your statutory rights contact should be made with your Local Authority Trading Standards Department or Citizens Advice Bureau.
Global Re Broking Solutions Ltd.
20 Havelock Road, Hastings, TN34 1BP
Tel +44 (0)1424 858 190
Fax +44 (0)1424 858 196