Common use of Your Responsibilities Clause in Contracts

Your Responsibilities. Proposal Forms For certain classes of insurance you may be required to complete a proposal form or similar document. We will provide guidance but we are not able to complete the document for you. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet your insurance needs. In order to make our business relationship work, you must provide complete and accurate information and instructions in a timely manner, so that we can assist you fully. Where you ask us to arrange insurance wholly or mainly for your own business (i.e. any insurance other than a ‘consumer insurance’), you are under a duty to make disclosure of all material circumstances and to make that disclosure in a manner that would be reasonably clear and accessible to a prudent insurer. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulate. A factor or circumstance is “material” if it would influence the judgment of a prudent insurer in deciding whether or not to underwrite the risk and if so, at what premium and on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction in the amount paid in the event of a claim. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation to the insurer. We will not be responsible for any consequences which may arise from any delayed, inaccurate or incomplete information, or any misrepresentation made by you. Please discuss with us if you have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements you must advise us as soon as possible. Your reinsurance Contract Although we will check the contract documents we send you, you are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits and other terms that you require. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim in the jurisdiction in question. As we are not lawyers, we do not advise on the legal implications of failure to collect and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessary.

Appears in 3 contracts

Samples: www.willis.com, willis.it, www.richardoliver.com

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Your Responsibilities. Proposal Forms For certain classes of insurance you may be required to complete a proposal form or similar document. We will provide guidance but we are not able to complete the document for you. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet your insurance needs. In order to make our business relationship work, you must provide complete and accurate information and instructions in a timely manner, so that we can assist you fully. Where you ask us Please bear in mind that insurers are not always obliged to arrange insurance wholly or mainly for your own business (i.e. any insurance other than a ‘consumer insurance’)make enquiries of you. Indeed, you are often under a duty to make full disclosure of all material circumstances and facts, including all information which is material to make that disclosure in a manner that would be reasonably clear and accessible to a prudent insurer. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulate. A factor coverage requirements or circumstance is “material” if it would which might influence the judgment of a prudent insurer insurers in deciding whether or not to underwrite accept your business, finalising the risk terms to apply and/or the cost of cover must be disclosed, and if so, at what premium also to respond fully and on what termsfrankly to any requests for information made by insurers. Failure to discharge this duty make full disclosure of material facts may allow insurers to avoid liability for a particular claim or to void the policy (i.e. treat it as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction in the amount paid in the event of a claimcontract. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where Where applicable, this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation to of disclosure applies equally at renewal of the insurercontracts and on taking out new insurance contracts. We will not be responsible for any consequences which may arise from any delayed, inaccurate or incomplete information, or any misrepresentation made by youyou (or your employees or their dependants). Please discuss with us if you have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what the applicable duty of disclosure is. Choice We shall not be held liable if the advice we provide to you turns out to be inadequate or erroneous afterwards, because of reinsurers If you have any concerns with any insurers chosen elements, circumstances or events that were not known to us or were not reasonably foreseeable for your reinsurance requirements you must advise us as soon as possible. Your reinsurance Contract Although we will check the contract documents we send you, you are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits and other terms that you require. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim in the jurisdiction in question. As we are not lawyers, we do not advise on the legal implications of failure to collect and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessaryus.

Appears in 2 contracts

Samples: www.wtwco.com, www.wtwco.com

Your Responsibilities. Proposal Forms For certain classes of insurance you may be required to complete a proposal form or similar document. We will provide guidance but we are not able to complete the document for you. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet your insurance and ancillary benefits needs. In order to make our business relationship work, you must provide complete and accurate information and instructions in a timely manner, so that we can assist you fully. Where you ask us to arrange insurance or ancillary benefits wholly or mainly for your own business (i.e. any insurance other than a ‘consumer insurance’), you are under a duty to make disclosure of all material circumstances and to make that disclosure in a manner that would be reasonably clear and accessible to a prudent insurer/supplier. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulate. A factor or circumstance is “material” if it would influence the judgment of a prudent insurer in deciding whether or not to underwrite the risk and if so, at what premium and on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction in the amount paid in the event of a claim. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation to the insurer. We will not be responsible for any consequences which may arise from any delayed, inaccurate or incomplete information, or any misrepresentation made by youyou (or your employees or their dependants). Please discuss with us if you have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If We will work on the assumption that you have any concerns full authority to supply us with any insurers chosen all such information in the manner and for your reinsurance requirements the purposes contemplated by this agreement, but you must should advise us as soon as possible. Your reinsurance Contract Although we will check the contract documents we send you, you are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits and other terms that you require. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) immediately if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim in the jurisdiction in question. As we are not lawyers, we do not advise on the legal implications of failure to collect and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessarynot the case.

Appears in 2 contracts

Samples: www.wtwco.com, Entire Agreement

Your Responsibilities. Proposal Forms For certain classes of insurance reinsurance you may be required to complete a proposal form or similar document. We will provide guidance but we are not able to complete the document for you. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet your insurance reinsurance needs. In order to make our business relationship work, you must provide complete and accurate information and instructions in a timely manner, so that we can assist you fully. Where you ask us to arrange insurance wholly or mainly for your own business (i.e. any insurance other than a ‘consumer insurance’), Please bear in mind that you are under a duty to make full disclosure of all material facts and circumstances and to make that disclosure in a manner that would be reasonably clear and accessible to a prudent insurerreinsurer. This duty applies equally at placement, renewal, alterations and where the insurance reinsurance contract conditions so stipulate. You must also fully and frankly respond to any requests for information made by reinsurers. A factor or circumstance is “material” material if it would influence the judgment of a prudent insurer reinsurer in deciding whether or not to underwrite the risk and if so, at what premium and on what terms. Failure to discharge this duty may allow insurers reinsurers to avoid the policy (i.e. treat it as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction in the amount paid in the event of a claim. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation to the insurer. We will not be responsible for any consequences which may arise from any delayed, inaccurate or incomplete information, or any misrepresentation made by you. Please discuss with us if you have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If We will work on the assumption that you have any concerns full authority to supply us with any insurers chosen all such information in the manner and for your reinsurance requirements the purposes contemplated by this Agreement, but you must should advise us as soon as possible. Your reinsurance Contract Although we will check immediately should that not be the contract documents we send you, you are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits and other terms that you require. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim in the jurisdiction in question. As we are not lawyers, we do not advise on the legal implications of failure to collect and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessarycase.

Appears in 2 contracts

Samples: General Terms of Business Agreement, General Terms of Business Agreement

Your Responsibilities. Proposal Forms For certain classes of insurance you the assured may be required to complete a proposal form or similar document. We will provide guidance but we are not able to complete the document for youthe assured. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet your insurance needs. In order to make our business relationship work, you must provide complete and accurate information and instructions in a timely manner, so that we can assist you fully. Where you ask us to arrange insurance wholly or mainly for your own business (i.e. any insurance other than a ‘consumer insurance’), you are under a duty to make disclosure of all material circumstances and to make that disclosure in a manner that would be reasonably clear and accessible to a prudent insurer. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulate. A factor or circumstance is “material” if it would influence the judgment of a prudent insurer in deciding whether or not to underwrite the risk and if so, at what premium and on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction in the amount paid in the event of a claim. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation to the insurer. We will not be responsible for any consequences which may arise from any delayed, inaccurate or incomplete information, or any misrepresentation made by you. Please discuss with us if you have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If We will work on the assumption that you have any concerns full authority to supply us with any insurers chosen all such information in the manner and for your reinsurance requirements the purposes contemplated by this Agreement, but you must should advise us as soon as possible. Your reinsurance Contract Although we will check immediately should that not be the contract documents we send you, you are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits and other terms that you require. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim in the jurisdiction in question. As we are not lawyers, we do not advise on the legal implications of failure to collect and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessarycase.

Appears in 2 contracts

Samples: www.wtwco.com, www.wtwco.com

Your Responsibilities. Proposal Forms For certain classes of insurance you may be required to complete a proposal form or similar document. We will provide guidance but we are not able to complete the document for you. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet your insurance needs. In order to make our business relationship work, you must provide complete and accurate information and instructions in a timely manner, so that we can assist you fully. Where you ask us to arrange insurance wholly or mainly for your own business (i.e. any insurance other than a ‘consumer insurance’), you are under a duty to make disclosure of all material circumstances and to make that disclosure in a manner that would be reasonably clear and accessible to a prudent insurer. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulate. A factor or circumstance is “material” if it would influence the judgment of a prudent insurer in deciding whether or not to underwrite the risk and if so, at what premium and on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction in the amount paid in the event of a claim. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation to the insurer. We will not be responsible for any consequences which may arise from any delayed, inaccurate or incomplete information, or any misrepresentation made by you. Please discuss with us if you have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If We will work on the assumption that you have any concerns full authority to supply us with any insurers chosen all such information in the manner and for your reinsurance requirements the purposes contemplated by this Agreement, but you must should advise us as soon as possible. Your reinsurance Contract Although we will check immediately should that not be the contract documents we send you, you are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits and other terms that you require. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim in the jurisdiction in question. As we are not lawyers, we do not advise on the legal implications of failure to collect and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessarycase.

Appears in 2 contracts

Samples: www.wtwco.com, www.wtwco.com

Your Responsibilities. Proposal Forms For certain classes It will be your responsibility:  To pay our fees, disbursements, and any other sums due to us in accordance with this contract;  To provide prompt and accurate instructions and advise immediately of insurance any changes in those instructions. In the event that you provide incorrect information to us, which causes us to suffer loss or causes legal proceedings to be taken, you agree to reimburse and compensate us for all losses suffered;  To provide such materials and information as we may be required require from time to complete a proposal form or similar document. We will provide guidance but we are not able to complete the document for you. Disclosure of Information Our objective is to obtain the best product we can identify time in order to meet your insurance needs. In order to make our business relationship work, you must provide complete and accurate information and instructions in a timely manner, so that we can assist you fully. Where you ask us to arrange insurance wholly or mainly for your own business (i.e. any insurance other than a ‘consumer insurance’), you are under a duty to make disclosure of all material circumstances perform the Services and to satisfy any statutory obligations;  To co-operate with us reasonably;  To make certain that disclosure in a manner the Property and its fixtures, fittings and contents, are at all times properly and adequately insured whether the Property is occupied or not;  To obtain all necessary consents that would be reasonably clear and accessible to a prudent insurer. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulate. A factor or circumstance is “material” if it would influence the judgment of a prudent insurer in deciding whether or not to underwrite the risk and if so, at what premium and on what terms. Failure to discharge this duty you may allow need from your mortgagee and/or your superior landlord and/or your insurers to avoid enter into the policy (i.e. treat it as if it had never existed) Tenancy Agreement;  To provide to us details of any obligations or amend the terms that apply which may lead to a claim being refused restrictive covenants under any leases or a reduction in the amount paid in the event of a claim. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation contracts relating to the insurerProperty which the Tenant will be duty bound to observe. We will not be responsible ask you for any consequences which may arise from any delayed, inaccurate or incomplete information, or any misrepresentation made by you. Please discuss with us if you have any doubts about what is material or have any concerns that such details separately but we may not have material information, or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements you must advise us as soon as possible. Your reinsurance Contract Although we will check the contract documents we send you, you are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits and other terms that you require. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure do include an appropriate provision to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or with such provisions in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim in the jurisdiction in question. As we are not lawyers, we do not advise on the legal implications of failure to collect our standard Tenancy Agreements and we will forward any details that you provide to the Tenant; and  To comply with the following regulations or any re-enactment of the same:- o The Furniture and Furnishings (Fire) (Safety) Regulations 1988 and the Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993 which require all upholstered furniture, soft furnishings, beds, mattresses, pillows and cushions in the Property to comply with certain safety standards; o The Gas Safety (Installation and Use) Regulations 1998 as amended; o The Electrical Equipment (Safety) Regulations 1994 and IEE Wiring Regulations (BS7671); o The various Houses in Multiple Occupation Regulations implementing the terms of the Housing Act 2004; and o The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007. Full details of the requirements under these Regulations are available on request. We shall be entitled to terminate this contract if you do not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On comply with these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessaryresponsibilities.

Appears in 1 contract

Samples: www.propertyeagle.co.uk

Your Responsibilities. Proposal Forms For certain classes of insurance you may be required to complete a All answers on proposal form forms or similar documentany other document or statement made are your responsibility. We will provide guidance but we  You are not able to complete the document responsible for you. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet your insurance needs. In order to make our business relationship work, you must provide providing complete and accurate information and instructions which insurers require in a timely manner, so that we can assist you fully. Where you ask us to arrange connection with any proposal for insurance wholly or mainly for your own business (i.e. any insurance other than a ‘consumer insurance’), you are under a duty to make disclosure of all material circumstances and to make that disclosure in a manner that would be reasonably clear and accessible to a prudent insurercover. This duty is particularly important before taking out a policy or at renewal but it also applies equally at placement, renewal, alterations and where throughout the insurance contract conditions so stipulatelife of the policy. A factor or circumstance is “material” if it would influence the judgment of a prudent insurer in deciding whether or not  If you fail to underwrite the risk and if so, at what premium and on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction in the amount paid in the event of a claim. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make disclose any misrepresentation to the insurer. We will not be responsible for any consequences which may arise from any delayed, inaccurate or incomplete information, or any misrepresentation made by you. Please discuss with us if you have any doubts about what is material or have any concerns that we may not have material information, to the insurance company this could invalidate the policy and mean that claims may not be paid.  You should check all details on any proposal form or have Statement of Facts and pay particular attention to any doubt about what the applicable duty of disclosure isdeclaration you may be asked to sign. Choice of reinsurers If  You should read all insurance documents issued to you have any concerns with any insurers chosen for your reinsurance requirements you must advise us as soon as possible. Your reinsurance Contract Although we will check the contract documents we send you, and ensure that you are responsible for reviewing your contract to ensure that it accurately reflects aware of the cover, conditions, limits and other terms that you requireapply. Particular  You should pay particular attention should be paid to any contract conditions, warranties and the claims notification provisions conditions as failure to comply may with them could invalidate your coveragepolicy.  You should inform us immediately of any changes in circumstances that may affect the services provided by us or the cover provided by your policy. We strongly advise you to retain copies of all correspondence that you send us, for your own protection. Money Laundering Where we are required to verify your identity in accordance with the FCA rules, no investment will be made until such verification has been obtained. If there the required verification is not forthcoming within a reasonable period, we will be unable to arrange any investments for you. We may use and search the records of credit reference or fraud prevention agencies to check your identity to satisfy the requirements of the UK Money Laundering Regulation 2007, Proceeds of Crime Xxx 0000 (as amended), the Terrorism Xxx 0000, the Anti-terrorism, Crime and Security Xxx 0000 and FCA rules. Such searches will not affect your credit rating, although they can be seen by anyone reviewing your credit report in the future. By signing this agreement you are any discrepancies consenting to Lighthouse Advisory Services Limited validating your personal identification and address via these means. Please inform us if this is not acceptable. Privacy Notice Your personal data will be processed by Lighthouse Platinum Wealth Management Limited and Lighthouse Advisory Services Limited, which are part of Lighthouse Group plc (the "Group"). This privacy notice is to let you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced know how companies within the relevant limitation period applying Group will look after your personal data. This includes what you tell us about yourself, what we learn by having you as a customer, and the choices you give us about what marketing information you want us to your claim in the jurisdiction in questionsend you. As we are not lawyers, This notice explains how we do this and tells you about your privacy rights and how the law protects you. Data Protection law says that we can only use personal data if we have a proper reason to do so. This includes sharing it outside Lighthouse Group plc. For example (and as described in more detail below) in different scenarios the following reasons may justify our processing of your data:  To fulfil a contract we have with you, or  When it is our legal duty, or  When it is in our legitimate business or commercial interest (provided that our legitimate interest is not advise on the legal implications of failure overridden by your rights), or  When you consent to collect and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessaryit.

Appears in 1 contract

Samples: Client Agreement

Your Responsibilities. Proposal Forms For certain classes of insurance you may be required to complete a All answers on proposal form forms or similar documentany other document or statement made are your responsibility. We will provide guidance but we • You are not able to complete the document responsible for you. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet your insurance needs. In order to make our business relationship work, you must provide providing complete and accurate information which insurers require in connection with any proposal for insurance cover. This is particularly important before taking out a policy or at renewal but it also applies throughout the life of the policy. • If you fail to disclose any material information to the insurance company, this could invalidate the policy and instructions in a timely manner, so mean that we can assist claims may not be paid. • You should check all details on any proposal form or Statement of Facts and pay particular attention to any declaration you fullymay be asked to sign. Where • You should read all insurance documents issued to you ask us to arrange insurance wholly or mainly for your own business (i.e. any insurance other than a ‘consumer insurance’), and ensure that you are under a duty to make disclosure aware of all material circumstances and to make that disclosure in a manner that would be reasonably clear and accessible to a prudent insurer. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulate. A factor or circumstance is “material” if it would influence the judgment of a prudent insurer in deciding whether or not to underwrite the risk and if so, at what premium and on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction in the amount paid in the event of a claim. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation to the insurer. We will not be responsible for any consequences which may arise from any delayed, inaccurate or incomplete information, or any misrepresentation made by you. Please discuss with us if you have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements you must advise us as soon as possible. Your reinsurance Contract Although we will check the contract documents we send you, you are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits and other terms that you requireapply. Particular • You should pay particular attention should be paid to any contract conditions, warranties and the claims notification provisions conditions as failure to comply may with them could invalidate your coveragepolicy. • You should inform us immediately of any changes in circumstances that may affect the services provided by us or the cover provided by your policy. We strongly advise you to retain copies of all correspondence that you send us, for your own protection. Money Laundering Where we are required to verify your identity in accordance with the FCA rules, no investment will be made until such verification has been obtained. If there the required verification is not forthcoming within a reasonable period, we will be unable to arrange any investments for you. We may use and search the records of credit reference or fraud prevention agencies to check your identity to satisfy the requirements of the UK Money Laundering Regulation 2007, Proceeds of Crime Xxx 0000 (as amended), the Terrorism Xxx 0000, the Anti-terrorism, Crime and Security Xxx 0000 and FCA rules. Such searches will not affect your credit rating, although they can be seen by anyone reviewing your credit report in the future. By signing this agreement you are any discrepancies consenting to Lighthouse Advisory Services Limited validating your personal identification and address via these means. Please inform us if this is not acceptable. Privacy Notice Your personal data will be processed by Lighthouse Epsom and Lighthouse Advisory Services Limited, which are part of Lighthouse Group plc (the "Group"). This privacy notice is to let you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced know how companies within the relevant limitation period applying Group will look after your personal data. This includes what you tell us about yourself, what we learn by having you as a customer, and the choices you give us about what marketing information you want us to your claim in the jurisdiction in questionsend you. As we are not lawyers, This notice explains how we do this and tells you about your privacy rights and how the law protects you. Data Protection law says that we can only use personal data if we have a proper reason to do so. This includes sharing it outside Lighthouse Group plc. For example (and as described in more detail below) in different scenarios the following reasons may justify our processing of your data: • To fulfil a contract we have with you, or • When it is our legal duty, or • When it is in our legitimate business or commercial interest (provided that our legitimate interest is not advise on the legal implications of failure overridden by your rights), or • When you consent to collect and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessaryit.

Appears in 1 contract

Samples: Client Agreement

Your Responsibilities. Proposal Forms For certain classes 6.1. You agree: to pay our fee and charges (if applicable) in accordance with these terms of insurance business; to pay all premiums and other charges in the timeframe specified on the invoice or within 30 days if no timeframe is specified; and acknowledge that if you fail to comply with any insurer premium warranty or condition, the insurer may have the right to refuse to pay in claims in respect of losses that occur before the premium payment warranty or condition has been complied with. Please contact us immediately if you may not be, or are not, able to comply with a premium payment warranty or condition; where premium is payable to an insurer by a certain date to pay the insurer in sufficient time for the insurer to clear those funds; that we shall provide the Services in reliance on the information and data provided by or on behalf of you. You agree to provide accurate, complete and timely information to enable us to fulfil our obligations under these terms and to assist you in complying with your duty to disclose all material information to prospective insurers. Further information in respect of this duty is set out in clause 8 below. Any answers or statements given on a proposal,claim form or any other material documents otherwise are your responsibility and should therefore be required checked carefully by you. “Material Document” for the purposes of this Clause 6.1.5 includes but is not limited to complete a the following documents:- proposal form or similar documentand/or statement of fact declaration. We will are under no obligation to investigate or verify the accuracy or completeness of any information or data provided by you and we shall have no liability for any errors or deficiencies arising out of or based on the same. Any delay or failure to provide guidance but we are not able to accurate and complete the document for you. Disclosure of Information Our objective is to obtain the best product we can identify information may result in order our being unable to meet any agreed timetable and additional fees being charged; to review carefully any documentation supplied by us (for example policy documents, cover notes, summaries of covers, client information letters or evidence of cover,and any other insurer or Aon documents) and advise us immediately on receipt if any such documentation does not appear to be in accordance with your instructions or requirements. If you do not, we shall be entitled to assume that the documents we provided to you meet your instructions and/or requirements; to notify us or your insurer promptly of any subsequent amendments that you require to the terms of the insurance needscontract. In order We refer to clause 8 concerning the impact of any amendments to the insurance on your duty not to make our business relationship work, you must provide complete and accurate information and instructions in a timely manner, so that we can assist you fully. Where you ask misrepresentation; to notify us to arrange insurance wholly or mainly for your own business (i.e. any insurance other than a ‘consumer insurance’), you are under a duty to make disclosure insurer promptly of all material circumstances and to make that disclosure claims in a manner that would be reasonably clear and accessible to a prudent insurer. This duty applies equally at placement, renewal, alterations and where accordance with the terms of the insurance contract conditions so stipulatecontracts placed by us pursuant to these terms. A factor or circumstance is “material” if it would influence the judgment of a prudent insurer in deciding whether or not Any failure to underwrite the risk and if do so, at what premium and on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it as if it had never existed) or amend the terms that apply which may lead to your claim not being paid. No admission of liability should be made to a third party without your insurer’s prior written approval; and acknowledge that there may be a statutory or policy limitation periods within which you must submit a claim being refused to your insurer or a reduction in the amount paid in the event pursue your insurer for payment of a claimany claims. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation to the insurer. We will not be responsible for any consequences which may arise from any delayed, inaccurate or incomplete information, or any misrepresentation made by you. Please discuss with us if you have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements you must advise us as soon as possible. Your reinsurance Contract Although we will check the contract documents we send you, you are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits and other terms You agree that you require. Particular attention should be paid to will monitor any contract conditions, warranties such periods and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of take legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim in the jurisdiction in question. As we are not lawyers, we do not advise on the legal implications of failure to collect and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessary.advice when required; and

Appears in 1 contract

Samples: www.aon.com

Your Responsibilities. Proposal Forms For certain classes Provisions of insurance you may be instructions, information and completion of any required form To enable us to complete a proposal form or similar document. We will provide guidance but we are not able to complete the document for you. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet fulfil your insurance needs. In order to make our business relationship work, instructions you must provide complete and accurate us with the information and instructions in a timely manner, necessary regarding your insurance contract so that we can assist you fullyunderstand your requirements. Where you ask us to arrange Certain classes of insurance wholly require the completion of a proposal form, questionnaire or mainly equivalent document. You must complete such documents accurately. Whilst we may give guidance regarding thecompletion of these documents, we cannot sign these documents for your own business (i.e. any you. Duty of disclosure An insurance other than a ‘consumer insurance’), you are under contract is one of utmost good faith. You owe a duty of disclosure to make disclosure insurers and there are potentially severe consequences if you breach this duty. You must disclose to insurers any fact or circumstance which is known to you (or which ought to be known to you in the ordinary course of all your business) and which is material circumstances and to make that disclosure in a manner that would be reasonably clear and accessible to a prudent insurer. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulaterisk. A factor fact or circumstance is “material” deemed to be material if it would influence the judgment judgement of a prudent insurer insurer(s) in deciding calculating the premium or determining whether he would accept the risk. If there is any doubt as to whether information is material, it must be disclosed to insurer(s). This obligation applies before the insurance contract is concluded, during the insurance contract period, at renewal, and upon any extension or amendment to the insurance contract. In addition, this duty also applies to the claims process and to other situations where you are required to provide information to insurers. Should you fail to disclose any material fact or circumstance, insurers may void the insurance contract, enabling insurers not to underwrite pay any outstanding claims and to require repayment of all claims previously paid. You should contact us immediately for assistance if you are unsure whether information may be material, or if it comes to your attention that you may not have disclosed full and accurate information. Check documentation and acceptance of coverage Whilst we will endeavour to ensure the risk accuracy and completeness of the insurance coverage you desire, it is your responsibility to check the documentation we send you in relation to each insurance contract and satisfy yourself that it is entirely in accordance with your understanding and instructions. You should advise us promptly of any incorrect points or changes required. Otherwise, we will assume that the documentation and insurance contract satisfy your requirements. We can only agree to bind an insurance contract on your behalf upon receipt of formal written instructions from you. It is important that you keep your insurance documents safe. Payment terms In order for us to meet an insurer’s premium payment terms in accordance to industry guidelines and regulations i.e. Premiums Payment Framework (“PPF”) for all classes of general insurance (unless exempted) and Binder Billing for all Group Life insurance policies, premiums must be settled to us by the payment date(s) specified in our debit note; failing which your insurance cover shall be automatically terminated and claims put on hold as stipulated per policy terms and conditions. In certain circumstances, insurer(s) will stipulate special premium payment terms which, if not met, may also affect the validity of the insurance contract. We will advise you when these circumstances arise. We are not under any obligation to settle the premium by the payment date(s) to insurer(s) on your behalf until we have received cleared funds from you by the relevant due date. Payment methods Insurance premiums should be settled on an individual debit note or credit note basis. We will issue Statements of Account periodically, if there are monies due to be paid by you. All payments should be made to us in the currency as indicated on the debit note or statement and wherever possible, by electronic transfer. Bank account details will be advised to you. Bank charges (if any) are to be borne by you. Third Party You may authorise a third party to instruct us with regard to the purchase of your insurance. As third party is acting as your agent, we may wish to satisfy ourselves at the outset that they are authorised to act in this capacity but we are under no obligation to do so, at what premium and . We will act on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it all instructions received from your agent as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction we are dealing with you directly and will continue doing so until you notify us in the amount paid in the event of a claim. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation writing to the insurercontrary. It is your responsibility to ensure that any instruction given to us by your agent are correct and to notify us of any limitations in respect of your agent’s authority. We will not be responsible for for: checking that your agent has accurately passed on your instructions; any consequences which may arise exposure arising from any delayed, inaccurate information submitted by your agent to either us or incomplete information, or any misrepresentation made by you. Please discuss with an insurer; and checking that your agent has your continuing authority to instruct us if you have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements you must advise us as soon as possible. Your reinsurance Contract Although we will check the contract documents we send you, you are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits and other terms that you require. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim in the jurisdiction in question. As we are not lawyers, we do not advise on the legal implications of failure to collect and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessary.

Appears in 1 contract

Samples: Terms of Business Agreement

Your Responsibilities. Proposal Forms For certain classes Charges You must pay the Sessional Charge on the dates You have chosen as set out on your accommodation dashboard. The Sessional Charge for living in the property is set out in your Offer together with the number of insurance instalments chosen by You under the payment plan. The due dates for payments are shown on your accommodation dashboard, and the invoice will be visible once You have arrived in your accommodation. If You are in attendance for half or part of a session You will be liable to pay the appropriate amount of the Sessional Charge. You do not have the option to pay by instalments, unless you may be required contact the Accommodation Office in advance of your arrival. All residences are supplied with access to complete a proposal form or similar documentthe University Wi-Fi/broadband network included in the Sessional Charge. We will provide guidance but we All rental charges are not able inclusive of reasonable usage of utilities, including heat and electricity. If, in the reasonable view of the University, excessive amounts of utilities are used, the University reserve the right to complete the document invoice You for you. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet your insurance needsany additional costs. In order the event of excessive usage You will be notified by Accommodation Services of the excessive usage. You will be charged thereafter for any subsequent excessive use. If you fail to make our business relationship work, you must provide complete and accurate information and instructions in occupy the Accommodation. You will remain liable for the Sessional Charge until a timely manner, so that we can assist you fullysuitable replacement is found. This liability will last for the whole of the Period of Occupancy if no replacement is found. Where you ask us vacate without informing Accommodation Services. You will remain liable for the Sessional Charge until a suitable replacement is found. This liability will last for the whole of the Period of Occupancy if no replacement is found. VAT is currently not payable on Sessional Charges. The University reserve the right to arrange insurance wholly or mainly charge VAT at the published rate if it becomes payable during the Period of Occupancy (for your own business example if there is a change in the law). Rent Prepayment (i.e. any insurance other than a ‘consumer insurance’), you are under a duty Postgraduate Students Only)  You agree to make disclosure a prepayment of all material circumstances rent to the value of £300.00 during the acceptance process for Accommodation.  The £300.00 prepayment will be credited to your rent account and to make that disclosure in a manner that would will be reasonably clear and accessible to a prudent insurerdeducted from the first rent payment due. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulate. A factor or circumstance  The rent prepayment is “material” if it would influence the judgment of a prudent insurer in deciding whether or not to underwrite the risk and if so, at what premium and on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction in the amount paid returnable in the event of cancellation by you prior to, or during the period of occupancy, with the exception of international student visa refusals as outlined below. If You are an international student who has been refused a claimvisa, You must notify Accommodation Services immediately and, in any event, before the Commencement Date. Even where you purchase (or propose Accommodation Services will release You from your obligations once proof of the visa refusal has been provided. If this is after the Commencement Date, Accommodation Services will charge the Sessional Charge as stated, on a pro rata basis, until the date that this proof is received. Induction You agree to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged complete the online accommodation induction prior to take reasonable care not to make any misrepresentation arrival. Inventory You will complete an online inventory form within 7 days of arrival. Any damage found at the Termination Date when compared to the insurercompleted inventory will be invoiced to you Visitors Residents MUST notify their fellow residents/flatmates if they plan on having an overnight guest and if a fellow resident objects their feelings should be taken into consideration. We will not be responsible Visitors (16 years or older) are permitted to share your accommodation for a maximum of two consecutive nights in any consequences which may arise from 7 day period. Only one overnight visitor is allowed at any delayed, inaccurate or incomplete information, or any misrepresentation made by youtime. Please discuss with us if you have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements you must advise us as soon as possible. Your reinsurance Contract Although we will check the contract documents we send you, you You are responsible for reviewing the behaviour of any person visiting your contract to flat. You must ensure that it accurately reflects the cover, conditions, limits and other terms that you requirethey do not breach this Occupancy Agreement. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they Visitors are not pursued by legal proceedings commenced within permitted in Accommodation during Freshers’ Week and during the relevant limitation period applying to your claim exam periods in the jurisdiction in question. As we are not lawyers, we do not advise on the legal implications of failure to collect December and we will not commence legal proceedings or enter into standstillApril/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessaryMay.

Appears in 1 contract

Samples: Stirling Accommodation Occupancy Agreement

Your Responsibilities. Proposal Forms For certain classes Charges You must pay the Sessional Charge on the dates you have chosen as set out on your accommodation dashboard. The Sessional Charge for living in the property is set out in your Offer together with the number of insurance instalments chosen by you may under the payment plan. The due dates for payments are shown on your accommodation dashboard, and the invoice will be required visible once you have arrived in your accommodation. The amount payable on each due date equates to complete the total charge divided by the number of instalments you choose; it is not a proposal form per calendar month charge. If you are in attendance for half or similar documentpart of a session you will be liable to pay the appropriate amount of the Sessional Charge. We will provide guidance but we You do not have the option to pay by instalments, unless you contact the Accommodation Office in advance of your arrival. All rental charges are not able inclusive of reasonable usage of utilities, including wi-fi, heat and electricity. If, in the reasonable view of the University, excessive amounts of utilities are used, the University reserve the right to complete the document invoice you for you. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet your insurance needsany additional costs. In order to make our business relationship workthe event of excessive usage, you must provide complete and accurate information and instructions in will be notified by Accommodation Services of the excessive usage. You will be charged thereafter for any subsequent excessive use. If you fail to occupy the Accommodation you will remain liable for the Sessional Charge until a timely manner, so that we can assist you fullysuitable replacement is found. This liability will last for the whole of the Period of Occupancy if no replacement is found. Where you ask us vacate without informing Accommodation Services or without meeting the required criteria under the Termination clause of this Agreement you will remain liable for the Sessional Charge until a suitable replacement is found. This liability will last for the whole of the Period of Occupancy if no replacement is found. VAT is currently not payable on Sessional Charges. The University reserve the right to arrange insurance wholly or mainly charge VAT at the published rate if it becomes payable during the Period of Occupancy (for your own business example if there is a change in the law). Rent Prepayment (i.e. any insurance other than a ‘consumer insurance’), you are under a duty Postgraduate Students Only) You agree to make disclosure a prepayment of all material circumstances rent to the value of £300.00 during the acceptance process for Accommodation. The £300.00 prepayment will be credited to your rent account and to make that disclosure in a manner that would will be reasonably clear and accessible to a prudent insurerdeducted from the first rent payment due. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulate. A factor or circumstance The rent prepayment is “material” if it would influence the judgment of a prudent insurer in deciding whether or not to underwrite the risk and if so, at what premium and on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction in the amount paid returnable in the event of cancellation by you prior to, or during the period of occupancy, with the exception of international student visa refusals as outlined below. If you are an international student who has been refused a claimvisa, you must notify Accommodation Services immediately and, in any event, before the Commencement Date. Even where Accommodation Services will release you purchase from your obligations once proof of the visa refusal has been provided. If this is after the Commencement Date, Accommodation Services will charge the Sessional Charge as stated, on a pro rata basis, until the date that this proof is received. Induction You agree to complete the online accommodation induction prior to arrival. Inventory You will complete an online inventory form within 7 days of arrival. Any damage found at the Termination Date when compared to the completed inventory will be invoiced to you. Student Show Flats If you are allocated Accommodation within a show flat you agree to the common areas within the flat to be available to the potential students and their families on all open days and applicant days and to international agents from time to time The following flats will be dedicated as “show flats” for session 2024/25: Beech Court Flat 2B and Flat 2G Xxxxxx Xxxxxxx Xxxx Level 5 (East) and Flat 5D (West) Xxxxxxxx House Flat 3/2/1 Polwarth House 2/2/1 Polwarth House 4/2/1 Xxxxxx of Allander House Flat 1/5/2 and Flat 6/5/2 Xxxx Xxxxx’s Court Flat 4 Pendreich Way Chalet 1 Student Show Rooms If you are allocated a show room within a show flat you agree to your room being available to potential students and their families on at least one open day and at least one applicant day during the Occupancy Period and to international agents from time to time The following bedrooms within the above mentioned flats will be dedicated as “show rooms” for session 2024/25: Beech Court Flat 2B Room 15 Beech Court Flat 2G Room 47 Xxxxxx Xxxxxxx Xxxx Room 5/02E Xxxxxx Xxxxxxx Xxxx Room 5D/02W Xxxxxxxx House Flat 3/2/1 Room 2 Polwarth House Flat 2/2/1 Room 2 Polwarth House Flat 4/2/1 Room 2 Xxxxxx of Allander House Flat 1/5/2 Room 2 Fraser of Allander House Flat 6/5/2 Room 3 Xxxx Xxxxx’s Court Flat 4 Room 4 Pendreich Way Chalet 1 Room 2 If you are allocated to a show room you will be required to vacate your room between 8am and 5pm on the advised dates and your Sessional Charge will be reduced by £30 per open/applicant day used. The monies will be deducted from your final rent instalment In addition to these show rooms for open and applicant days, there will be 2 rooms that will be used throughout the year for viewing by potential students with accessibility requirements. These rooms are: Juniper Court Flat 4E Room 33 Fraser of Allander House Flat 4/5/1 Room 3 The students occupying these rooms will be notified prior to a visit and these visits will only be short (approximately 30 – 60 minutes) The potential students, their families and agents will always be accompanied by a Student Ambassador or propose member of University staff while in the show rooms and show flats. Accommodation Services will provide at least 3 days’ notice of the date that your show room or show flat will be required for this purpose. Accommodation Services will provide additional housekeeping prior to purchasethe events, but we ask that you leave it tidy and presentable. Visitors Residents MUST notify their fellow residents/flatmates if they plan on having an overnight guest and if a fellow resident objects their feelings should be taken into consideration. Visitors (16 years or older) are permitted to share your accommodation for a ‘consumer insurance’ where this duty maximum of two consecutive nights in any 7 day period This is intended for occasional visitors and not intended to be a regular arrangement. Visitors are not allowed in accommodation when you are not present. Visitors under the age of 16 are not permitted in the accommodation overnight or after 8pm. This does not applyapply to Family Accommodation. Only one Overnight Visitor is allowed in the entire flat at any time. You are responsible for the behaviour of any person visiting your flat. You must ensure they do not breach this Occupancy Agreement. Visitors are not permitted in Accommodation in the first week of term, during Welcome Week and during the exam periods in December and April/May. Transferring/ Moving Rooms Accommodation transfers will only be considered when all students waiting for Accommodation have been allocated, unless a special case merits the consideration and approval of the Director of Accommodation Services or designate. The case should be submitted in writing to Accommodation Services. There is no guarantee a transfer request will be possible, transfers will be prioritised based on need, You will not be considered for Accommodation transfers if in arrears of rental payments. Under no circumstances are you permitted to move Accommodation without prior agreement from Accommodation Services. An administration fee of £25 per person is payable prior to Accommodation transfer. Where an agreed Accommodation transfer subsequently fails to take place the fee will not be refunded. The University deems the transfer to be complete only once a request to transfer has been agreed, the administration fee payment has been made in full and the new contract signed. At this time you are eligible to move. The whole terms of this Occupancy Agreement as detailed are transferable to any new allocated Accommodation. Quiet & Alcohol Free If you have expressed a preference for a Quiet/Quiet & Alcohol Free Flat we will do everything we can to accommodate this request. If you are allocated to a Quiet/Quiet & Alcohol Free Flat we will inform you of this by email once you have been sent your accommodation offer. By accepting your accommodation offer, you accept that you will reside in this flat and comply with the definition of Quiet/Quiet & Alcohol Free Flat as noted in this Occupancy Agreement. Family flats You must not leave children under the age of twelve in a flat without a supervising adult at any time. You must not leave children under sixteen alone in a flat overnight. Contents & Damage You must ensure your Accommodation/property is kept clean, tidy, and in a hygienic condition and free from an accumulation of refuse. You must leave the shared communal areas in a clean, tidy and hygienic condition. Should the Accommodation or the property be found to be in an unsatisfactory condition, Accommodation Services will be entitled to instruct cleaning of the Accommodation or the property at the expense of the student or students sharing the property. You hereby agree to pay the cost for the said cleaning and give access for cleaning to take place. You will not alter or cause damage to the Accommodation or its furniture nor remove any contents or furnishings detailed on the inventory form. You will meet the cost of making good any damage or loss caused to University property, including fixtures and fittings. Other than bedding, you are still legally obliged not permitted to take reasonable care bring any soft furnishings or furniture into the Accommodation without prior written permission of Accommodation Services. All such furniture must comply with fire safety regulations. You must not to make any misrepresentation modify or decorate the property or the Accommodation. You must not attach items to the insurer. We will not be responsible for any consequences which may arise from any delayedwalls with blu-tac, inaccurate or incomplete information, sellotape or any misrepresentation made by youother means. Please discuss with us if you have Any such items should be attached to notice boards. You must not put anything harmful or likely to cause a blockage in any doubts about what is material pipes or have drains. You must report any concerns that we may not have material informationfaults, damage or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If you have any concerns with any insurers chosen for pest infestation to your reinsurance requirements you must advise us Building reception as soon as possible. Your reinsurance Contract Although Car Parking & Bicycles You are required to comply with the car parking regulations (xxxxx://xxx.xxxx.xx.xx/about/getting-here/parking). Bicycles are not permitted to be stored anywhere within the accommodation buildings. There are covered areas available for bicycle storage (you must supply your own lock) close to all accommodation buildings. Smoking & Health and Safety You must not smoke inside any area of the property (including the use of vapour and e-cigarettes). You are not permitted to have candles or similar burning or smouldering materials (such as incense, fireworks, BBQs etc.) within the property, whether lit or unlit. The use of humidifiers or any other item that causes steam/water vapour is prohibited in bedrooms. Dartboards are not permitted in accommodation. You must not charge an e-bike or e-scooter battery in your Accommodation We may remove from the Accommodation any items (used or unused) that belong to you or your Visitors and which we consider (acting reasonably) are dangerous and/or may cause a fire hazard or which we consider constitute a nuisance. If we remove an item, we will check notify you of this and confirm who you need to contact in order to recover the contract documents item. You will not be able, however, to take the item back to your Accommodation. Examples of items which are not permitted are: washing machines (plumbed in or otherwise), deep fat fryers, fridges or freezers (in bedrooms). This list is not exhaustive, and we send youreserve the right to remove other items. If you require a fridge for medical purposes this must be approved by Accommodation Services prior to arrival. You must familiarise yourself with and observe fire regulations and procedures displayed at the property and within Accommodation Services literature. You must always evacuate the Accommodation and the property on hearing the fire alarm and follow the designated evacuation routes (as indicated in all bedrooms) except during weekly alarm tests. You will not engage in any actions that are likely to impair safety in the property and endanger others in any way. You must ensure all fire doors are closed and unobstructed at all times. You must not tamper with or cover any fire equipment including, but not limited to, fire blankets, fire extinguishers, smoke and heat detectors. You must immediately report any faults observed in any fire safety fixtures or equipment (e.g. a fire door not closing properly, an expended fire extinguisher). You are permitted to bring personal electrical items into the Accommodation and property subject to them being safety tested (PAT) prior to arrival. Kitchen appliances including but not limited to mini-fridges, airfryers, kettles and toasters are not permitted in bedrooms. Accommodation Services has the right to come into the property to carry out inspections during reasonable times of the day. A minimum of 48 hours’ notice of such access shall generally be given, except in the case of emergency or where we consider (acting reasonably) there may be dangers that may cause a safety hazard or which we consider constitute a nuisance, when a shorter period or no notice may apply. You hereby agree to give such access as required. You must immediately report any instance of an infectious or contagious condition or an accident suffered by you or your Visitors whilst in the Accommodation or property to Accommodation staff. Security You must leave your Accommodation locked when vacant. Any unauthorised access and entry to other Accommodation in the property or another property is forbidden. You must report any loss of keys or access card to Accommodation Services immediately. In the event of a loss, a charge will be made by Accommodation Services for a replacement. You agree to pay for the cost of the replacement. You must not give your keys or access card to anyone else for use. You must produce a student ID card when requested to do so by University staff. Mail We ask you to agree and abide by the Student Mail and Parcels Procedures 2024/25 which are published on the accommodation pages of the University of Stirling website. You must ensure you are available to personally accept delivery of any food/perishable items. General You must notify Accommodation Services as soon as possible of any pending or actual criminal proceedings you are facing. Should you fail to notify Accommodation Services of any pending or actual criminal proceedings, Accommodation Services reserves the right to terminate this Occupancy Agreement in line with Clause 3, Termination. You are not permitted to keep any pet or animal in the Accommodation or property with the exception of assistance animals. Accommodation Services must have granted prior permission for any assistance animal in residences. You must allow the University at reasonable times to enter the Accommodation for the purpose of inspection, cleaning, maintenance or repair. The University will try to give you reasonable advance warning of when Accommodation inspections are due to take place, usually by email, but this is not always practicable. You are also required to permit access for the University’s authorised contractors. You are responsible for reviewing the purchase of a TV license for any television owned by you and in use in the property or Accommodation. Discipline You and your contract Visitors must conduct yourselves in an appropriate manner at all times and comply with the current regulations set out in the University Calendar in particular the Code of Student Discipline contained within Ordinance 2. Any breach of its terms will be deemed to ensure that it accurately reflects be a breach of the coverterms of the Occupancy Agreement, conditionswhich may result in the termination of the Occupancy Agreement and therefore your right to occupy the Accommodation. You and your Visitors must not, limits and other terms that you require. Particular attention should be paid in general terms, harass or act in an anti-social manner towards, or to pursue a course of anti-social conduct against any contract conditions, warranties and person in the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (University or in some jurisdictionsthe vicinity of the University. Such people include other students, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim Visitors, those who work or study in the jurisdiction in question. As we are not lawyersUniversity, we do not advise on the legal implications of failure to collect agents and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessarycontractors.

Appears in 1 contract

Samples: Terms of Agreement

Your Responsibilities. Proposal Forms For certain classes You acknowledge and agree that you are solely responsible for (i) determining whether you are eligible to have an Account, and whether distributions from your Account, including Check, Debit Card purchases and other Account withdrawals, constitute qualified medical expenses, as defined in the IRS Code, (ii) keeping appropriate records for these purposes, (iii) ensuring that all contributions you make are permitted under applicable law, (iv) determining the tax consequences of insurance any contributions (including rollover contributions) and distributions you make, and any taxes, interest, penalties and other expenses which may be required to complete a proposal form or similar documentpayable under law in connection with your Account. We will provide guidance but You agree that we are not able to complete the document for you. Disclosure a custodian of Information Our objective is to obtain the best product we can identify in order to meet your insurance needs. In order to make our business relationship workAccount, and you must provide complete and accurate information and instructions in a timely manner, so that we can assist you fully. Where you ask authorize us to arrange insurance wholly or mainly for act without further inquiry in accordance with writings bearing your own business (i.e. any insurance other than a ‘consumer insurance’), you are under a duty to make disclosure of all material circumstances and to make that disclosure in a manner that would be reasonably clear and accessible to a prudent insurersignature. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulate. A factor or circumstance The HSA is “material” if it would influence the judgment of a prudent insurer in deciding whether or not to underwrite the risk and if so, at what premium and on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction in the amount paid in the event of a claim. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation to the insurer. We will not be responsible for any consequences which may arise from any delayed, inaccurate or incomplete information, or any misrepresentation made self-administered by you. Please discuss with us if You cannot assign your HSA and your interest in your HSA is non-forfeitable. Only you can authorize withdrawals from your HSA. We reserve the right to correct errors, to withdraw any funds that should not have any doubts about what is material or have any concerns that we been placed in your HSA and to withdraw Account administrative fees. You may not have material informationuse the HSA or the assets in it as security for any loan. Neither you nor any beneficiary may transfer or pledge any interest in your HSA in any manner whatsoever, except as provided by law or have any doubt about what this Agreement. You are responsible for complying with all laws governing withdrawals, transfers and taxes. All transfers or distributions from the applicable duty of disclosure isAccount must be made in accordance with the IRS Code. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements HSA through your employer, your employer has permitted us to offer our services through your workplace. The HSA is established pursuant to federal tax law, and is neither endorsed by nor sponsored by your employer. Rather, it is an individual Account arrangement between you must advise us as soon as possibleand us. Your reinsurance Contract Although As a result, the HSA is not part of your employer’s ERISA benefit plan, even if your employer contributes to it or you make pre-tax contributions under your employer’s cafeteria plan. By written notice to us, you can name a beneficiary who will receive the balance of your HSA upon your death. Upon satisfactory proof of your death, we will check transfer or distribute the contract documents we send you, you are responsible for reviewing your contract to ensure that it accurately reflects entire balance (as required by the cover, conditions, limits and other terms that you require. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguishedIRS Code) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim in the jurisdiction in question. As we are not lawyersbeneficiary or, we do not advise on the legal implications of failure to collect and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying if none, to your claims and to commence legal proceedings in relation to your claims where this is necessaryestate.

Appears in 1 contract

Samples: Custodial and Deposit Agreement

Your Responsibilities. Proposal Forms For certain classes In addition to your general responsibilities as a Participant under Part 1 of insurance these terms, when you may be required engage Hireup to complete provide Disability Services through a proposal form or similar document. We will provide guidance but we are not able to complete Hireup Provider you must: - manage the document for you. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet your insurance needs. In order to make our business relationship work, you must provide complete and accurate information and instructions in a timely manner, so that we can assist you fully. Where you ask us to arrange insurance wholly or mainly for your own business (i.e. any insurance other than a ‘consumer insurance’), you are under a duty to make disclosure of all material circumstances and to make that disclosure Hireup Provider in a manner that would be reasonably clear ensures the safety and accessible wellbeing of the Hireup Provider, while the Hireup Provider is working under your direction; - meet any workplace health and safety obligations as directed by Hireup from time to a prudent insurer. This duty applies equally at placement, renewal, alterations and where time; - only engage Hireup Providers to perform tasks which fit within the insurance contract conditions so stipulate. A factor or circumstance is “material” if it would influence the judgment of a prudent insurer in deciding whether or not to underwrite the risk and if so, at what premium and on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction guidelines provided in the amount paid ‘Support Worker Job Description: Information Sheet’ document, provided to you by Hireup; and - report all workplace injuries or incidents involving you, a Hireup Provider or another person through our online reporting facility. Standard of Disability Services You are entitled to expect that: - all Hireup Providers will perform their duties in a conscientious, professional and competent manner, in accordance with Hireup’s Code of Conduct, policies and procedures, and in accordance with the event appropriate standards applicable to the industry in which Hireup operates; and - all Hireup administrative staff will respond to your enquiries, concerns and complaints, made through Hireup’s nominated email address or in accordance with the Complaints Policy, in a conscientious, professional and timely manner, and in accordance with the appropriate standards applicable to the industry in which Hireup operates. Hireup will comply with all State and Federal legislation relevant to its operations, including all relevant industrial legislation, equal opportunity legislation and work health and safety legislation and also with all applicable industry standards and codes. Changes to Hireup’s Hourly Rate During the term of this agreement, Hireup may change its Hourly Rate by updating the Glossary on Hireup’s website. Hireup will give you at least one week’s prior notice of any change in its Hourly Rate by sending an email to your nominated email address specifying the new Hourly Rate and the date from which it will apply. Confirmation and agreement You acknowledge and agree that all information provided to Hireup by you, or by someone else (such as a claimProvider) which relates to you, will be managed in accordance with Hireup’s Privacy Policy. Even where By submitting this agreement to Hireup, you: - accept and are bound by these terms of use; accept that a binding agreement is formed with Hireup on these terms; and warrant and represent that you purchase (or propose have read and understood these terms in their entirety; - acknowledge that while Hireup takes steps to purchase) check the suitability of Providers, it is up to you to satisfy yourself that a ‘consumer insurance’ where this duty does not applyparticular Provider is suitably qualified, experienced and insured to provide the Disability Services you are seeking; - agree that whenever you submit a tentative booking, you are still legally obliged committing to take reasonable care not engaging Hireup to make any misrepresentation provide the Disability Services referred to in the insurer. We will not be responsible for any consequences which may arise from any delayed, inaccurate Booking; and agree that whenever you approve or incomplete information, or any misrepresentation made by you. Please discuss with us if you are deemed to have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements you must advise us as soon as possible. Your reinsurance Contract Although we will check the contract documents we send youapproved a ‘Completed Booking’, you are responsible for reviewing your contract committing to ensure paying the price referred to in the Booking; - acknowledge and agree that it accurately reflects the coverall notices and correspondence from Hireup, conditions, limits and other terms that you require. Particular attention should will be paid to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying sent only to your claim in nominated email address; and agree to and are bound by Hireup’s policies including Hireup’s Ratings Policy, Complaints Policy and Participant Removal Policy; and - accept that, when engaging a Hireup Provider through the jurisdiction in question. As we are not lawyersHireup system, we do not advise a binding agreement is formed with Hireup on the legal implications of failure these terms on each occasion you engage Hireup to collect and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessaryprovide Disability Services through a Hireup Provider.

Appears in 1 contract

Samples: Our Services Agreement

Your Responsibilities. Proposal Forms For certain classes of insurance you may be required You will: do your job diligently and to complete a proposal form or similar document. We will provide guidance but we are not able to complete the document for you. Disclosure of Information Our objective is to obtain the best product we can identify of your ability; exercise the rights, duties and powers that are conferred on you by the Board; deal with us and our employees in order good faith; work collaboratively with our employees, athletes, contractors, sponsors and stakeholders; always look for ways to meet your insurance needs. In order to make improve our business relationship workbusiness, you must provide complete reputation and accurate information relationships (including outside work hours); comply with our directions and instructions in any applicable rules, policies and procedures; maintain high standards of integrity appropriate for a timely mannernational sporting and recreation organisation; be open and honest, so that we can assist you fully. Where you ask and advise us to arrange insurance wholly or mainly promptly of issues on a 'no surprises' basis; take reasonable care for your own business (i.e. any insurance other than a ‘consumer insurance’)health and safety, you are under a duty to make disclosure of all material circumstances and to make that disclosure in a manner that would be reasonably clear and accessible to a prudent insurer. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulate. A factor or circumstance is “material” if it would influence the judgment of a prudent insurer in deciding whether or not to underwrite the risk and if so, at what premium and on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction in the amount paid in the event of a claim. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care to ensure that your acts or omissions do not adversely affect the health and safety of others; exercise due diligence to make any misrepresentation ensure that both you and we comply with our respective duties under the Health and Safety at Work Xxx 0000; and promote and ensure compliance at all times with all statutory and other legal obligations applicable to the insurerorganisation, our employees or the Board. our responsibilities Through the Board and the Chair, we will: provide appropriate governance and support; deal with you fairly, reasonably and in good faith; aim at all times to provide a healthy and safe working environment; and provide a development budget and work with you to maintain a development plan suited to your needs. trial period [This is not recommended generally for chief executives and may only be used in certain circumstances. Please check with Sport NZ or your legal advisors before including] For the first 90 days [or lesser number] of your employment, commencing on [the commencement date for employment] and ending on [the end date, being 90 or fewer days later], you will be employed for an initial trial period. Consistent with sections 67A and 67B of the Employment Relations Xxx 0000, we may terminate your employment by giving you [insert period eg two weeks'] notice in writing at any time during the trial period. We may make a payment in lieu of you working out some or all of that notice period and may also require you to remain away from the workplace on 'garden leave' for some or all of the notice period. Where your employment is terminated under this 'Trial Period' clause: you will not be responsible entitled to bring a personal grievance or other legal proceedings in respect of the termination; and the other termination provisions in this agreement will not apply. This 'Trial Period' clause does not limit our ability to suspend you or terminate your employment during the trial period for any consequences which serious misconduct pursuant to the termination provisions of this agreement. [Optional alternative to trial period] Probationary Period [A probationary period will not affect your obligation to treat the employee in good faith and an employee may arise from any delayedstill raise a personal grievance in relation to a dismissal under a probationary period. We SUGGEST YOU SEEK ADVICE BEFORE INCluding a probationary period and before relying on a probationary period to dismiss] The first six [or lesser period] months of your employment is a probationary period to assess your suitability for the position. During this time, inaccurate or incomplete information, or any misrepresentation made by you. Please discuss with us if you have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements you must advise us as soon as possible. Your reinsurance Contract Although we will check monitor your performance and the contract documents relationship generally, and will meet with you regularly to discuss progress and any issues that either party has. During or at the end of this period either party may terminate this agreement by giving the other party [insert period ie two weeks'] notice of termination, but otherwise in accordance with the termination provisions set out in this agreement. Alternatively, at the end of the probationary period we send youmay: confirm you in the position; or extend the probationary period to give us more time to assess your suitability. place of work Your role will be based at our offices in [City], though this can change, and you will be expected to travel at times. Hours You will work the hours reasonably required to fulfil all requirements of your role. As Chief Executive, you are responsible for reviewing monitoring and managing your contract own workflows and priorities. We do not expect you to ensure that it accurately reflects regularly work excessive or unsociable hours. [OPTIONAL]Generally, you will be expected to be at work during our ordinary office hours of [Monday to Friday, 8.30am to 5pm]. You will also be expected to work beyond these hours, including weekends, as and when required. Your remuneration fully compensates you for being available as required and for all hours worked. REMUNERATION and BENEFITS Details of your remuneration and benefits are set out in Schedule B. We will review your remuneration and benefits annually, around the covertime of your performance review. Any increase is at our discretion. Performance Review Your performance objectives will be reviewed and updated from year to year, conditions, limits in consultation with you. Your performance will reviewed formally every six months by a sub-committee of the Board lead by a director other than the Chair. The Board will maintain a Chief Executive performance and other terms that development policy as part of the governance charter. As the Board's key advisor and employee your performance and development is seen to be an ongoing conversation. expenseS You will be reimbursed for any actual and reasonable expenses incurred by you require. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim in the jurisdiction course of your employment, provided those have been incurred and claimed in questionaccordance with any policy or Board direction. As we deductions We may deduct from your pay any money you owe to us (including any overpayment). We will consult you prior to making any deduction. HOLIDAYS and leave Xxxxxxxx Xxx 0000 You are not lawyers, we do not advise on entitled to holidays and leave in accordance with the legal implications Holidays Act. The following provisions summarise some of failure to collect and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessaryentitlements.

Appears in 1 contract

Samples: Employment Agreement

Your Responsibilities. Proposal Forms For certain classes Provisions of insurance you may be instructions, information and completion of any required form To enable us to complete a proposal form or similar document. We will provide guidance but we are not able to complete the document for you. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet fulfill your insurance needs. In order to make our business relationship work, instructions you must provide complete and accurate us with the information and instructions in a timely manner, necessary regarding your insurance contract so that we can assist you fullyunderstand your requirements. Where you ask us to arrange Certain classes of insurance wholly require the completion of a proposal form, questionnaire or mainly equivalent document. You must complete such documents accurately. Whilst we may give guidance regarding thecompletion of these documents, we cannot sign these documents for your own business (i.e. any you. Duty of fair presentation An insurance other than a ‘consumer insurance’)contract is one of the utmost good faith. Under English law, you are under owe a duty to make disclosure a fair presentation of all the risk to the insurer. You have a duty to disclose to the insurer every material circumstances and circumstance which you know or ought to know after a reasonable search or which is sufficient to put the insurer on notice that it needs to make that disclosure further enquiries for the purpose of revealing those material circumstances. In addition, you have a duty to disclose information in a manner that would be reasonably clear and accessible to a prudent insurer. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulatemanner. A factor or circumstance is “material” material if it would influence the judgment of a prudent insurer insurer’s judgment in deciding determining whether or not to underwrite take the risk and and, if so, at what premium and on what terms. Failure to discharge this duty disclose a material circumstance may allow insurers to entitle an insurer to:  in some circumstances, avoid the policy (i.e. treat from inception and in this event any claims under the policy would not be paid;  impose different terms on your cover; and/or  proportionately reduce the amount of any claim payable. This duty applies:  before your cover is placed;  when it as is renewed; and  at any time that it is varied. Your policy wording may also provide that this duty continues for the duration of the policy. You should contact us immediately for assistance if you are unsure whether information may be material, or if it had never existedcomes to your attention that you may have not disclosed full and accurate information. Check documentation and acceptance of coverage It is your responsibility to check the documentation we send you in relation to each insurance contract and satisfy yourself that it is entirely in accordance with your understanding and instructions. You should advise us promptly of any incorrect points or changes required. Otherwise, we will assume that the documentation and insurance contract satisfy your requirements. We can only agree to bind an insurance contract on your behalf upon receipt of formal written instructions from you. It is important that you keep your insurance documents safe. Payment terms In order for us to meet an insurer’s premium payment terms, premiums must be settled to us by the payment date(s) or amend specified in our debit note. In certain circumstances, insurer(s) will stipulate special premium payment terms which, if not met, may affect the terms that apply which may lead to a claim being refused or a reduction in validity of the amount paid in the event of a claim. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation to the insurerinsurance contract. We will advise you when these circumstances arise. We are not under any obligation to settle the premium by the payment date(s) to insurer(s) on your behalf until we have received cleared funds from you by the relevant due date. Payment methods Insurance premiums should be responsible for any consequences which may arise from any delayedsettled on an individual debit note or credit note basis. We will issue Statements of Account periodically, inaccurate or incomplete information, or any misrepresentation made if there are monies due to be paid by you. Please discuss with us if you have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements you must advise us as soon as possible. Your reinsurance Contract Although we will check the contract documents we send you, you are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits and other terms that you require. Particular attention All payments should be paid made to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim in the jurisdiction in question. As we are not lawyers, we do not advise currency as indicated on the legal implications of failure debit note or statement and wherever possible, by electronic transfer. Bank account details will be advised to collect and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessaryyou.

Appears in 1 contract

Samples: Terms of Business Agreement

Your Responsibilities. Proposal Forms For certain classes It will be your responsibility: To pay our fees, disbursements, and any other sums due to us in accordance with this contract; To provide prompt and accurate instructions and advise immediately of insurance you any changes in those instructions. To provide such materials and information as we may be required require from time to complete a proposal form or similar document. We will provide guidance but we are not able to complete the document for you. Disclosure of Information Our objective is to obtain the best product we can identify time in order to meet your insurance needs. In order to make our business relationship work, you must provide complete and accurate information and instructions in a timely manner, so that we can assist you fully. Where you ask us to arrange insurance wholly or mainly for your own business (i.e. any insurance other than a ‘consumer insurance’), you are under a duty to make disclosure of all material circumstances perform the Services and to satisfy any statutory obligations; To co-operate with us reasonably; To make certain that disclosure in a manner the Property and its fixtures, fittings and contents, are at all times properly and adequately insured whether the Property is occupied or not; To obtain all necessary consents that would be reasonably clear and accessible to a prudent insurer. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulate. A factor or circumstance is “material” if it would influence the judgment of a prudent insurer in deciding whether or not to underwrite the risk and if so, at what premium and on what terms. Failure to discharge this duty you may allow need from your mortgagee and/or your superior landlord and/or your insurers to avoid enter into the policy (i.e. treat it as if it had never existed) Tenancy Agreement; To provide to us details of any obligations or amend the terms that apply which may lead to a claim being refused restrictive covenants under any leases or a reduction in the amount paid in the event of a claim. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation contracts relating to the insurerProperty which the Tenant will be duty bound to observe. We will not be responsible ask you for any consequences which may arise from any delayed, inaccurate or incomplete information, or any misrepresentation made by you. Please discuss with us if you have any doubts about what is material or have any concerns that such details separately but we may not have material information, or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements you must advise us as soon as possible. Your reinsurance Contract Although we will check the contract documents we send you, you are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits and other terms that you require. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure do include an appropriate provision to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or with such provisions in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim in the jurisdiction in question. As we are not lawyers, we do not advise on the legal implications of failure to collect our standard Tenancy Agreements and we will forward any details that you provide to the Tenant; and To comply with the following regulations or any re-enactment of the same:- The Furniture and Furnishings (Fire) (Safety) Regulations 1988 and the Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993 which require all upholstered furniture, soft furnishings, beds, mattresses, pillows and cushions in the Property to comply with certain safety standards; The Gas Safety (Installation and Use) Regulations 1998 as amended; The Electrical Equipment (Safety) Regulations 1994 and IEE Wiring Regulations (BS7671); The various Houses in Multiple Occupation Regulations implementing the terms of the Housing Act 2004; and The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007. Full details of the requirements under these Regulations are available on request. We shall be entitled to terminate this contract if you do not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On comply with these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessaryresponsibilities.

Appears in 1 contract

Samples: www.propertyeagle.co.uk

Your Responsibilities. Proposal Forms For certain classes Charges You must pay the Sessional Charge on the dates You have chosen as set out on your accommodation dashboard. The Sessional Charge for living in the property is set out in your Offer together with the number of insurance instalments chosen by You under the payment plan. The due dates for payments are shown on your accommodation dashboard, and the invoice will be visible once You have arrived in your accommodation. If You are in attendance for half or part of a session You will be liable to pay the appropriate amount of the Sessional Charge. You do not have the option to pay by instalments, unless you may be required contact the Accommodation Office in advance of your arrival. All residences are supplied with access to complete a proposal form or similar documentthe University Wi-Fi/broadband network included in the Sessional Charge. We will provide guidance but we All rental charges are not able inclusive of reasonable usage of utilities, including heat and electricity. If, in the reasonable view of the University, excessive amounts of utilities are used, the University reserve the right to complete the document invoice You for you. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet your insurance needsany additional costs. In order the event of excessive usage You will be notified by Accommodation Services of the excessive usage. You will be charged thereafter for any subsequent excessive use. If you fail to make our business relationship work, you must provide complete and accurate information and instructions in occupy the Accommodation. You will remain liable for the Sessional Charge until a timely manner, so that we can assist you fullysuitable replacement is found. This liability will last for the whole of the Period of Occupancy if no replacement is found. Where you ask us vacate without informing Accommodation Services. You will remain liable for the Sessional Charge until a suitable replacement is found. This liability will last for the whole of the Period of Occupancy if no replacement is found. VAT is currently not payable on Sessional Charges. The University reserve the right to arrange insurance wholly or mainly charge VAT at the published rate if it becomes payable during the Period of Occupancy (for your own business example if there is a change in the law). Rent Prepayment (i.e. any insurance other than a ‘consumer insurance’), you are under a duty Postgraduate Students Only) You agree to make disclosure a prepayment of all material circumstances rent to the value of £300.00 during the acceptance process for Accommodation. The £300.00 prepayment will be credited to your rent account and to make that disclosure in a manner that would will be reasonably clear and accessible to a prudent insurerdeducted from the first rent payment due. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulate. A factor or circumstance The rent prepayment is “material” if it would influence the judgment of a prudent insurer in deciding whether or not to underwrite the risk and if so, at what premium and on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction in the amount paid returnable in the event of cancellation by you prior to, or during the period of occupancy, with the exception of international student visa refusals as outlined below. If You are an international student who has been refused a claimvisa, You must notify Accommodation Services immediately and, in any event, before the Commencement Date. Even where Accommodation Services will release You from your obligations once proof of the visa refusal has been provided. If this is after the Commencement Date, Accommodation Services will charge the Sessional Charge as stated, on a pro rata basis, until the date that this proof is received. Induction You agree to complete the online accommodation induction prior to arrival. Inventory You will complete an online inventory form within 7 days of arrival. Any damage found at the Termination Date when compared to the completed inventory will be invoiced to you purchase Visitors Residents MUST notify their fellow residents/flatmates if they plan on having an overnight guest and if a fellow resident objects their feelings should be taken into consideration. Visitors (16 years or propose older) are permitted to purchase) share your accommodation for a ‘consumer insurancemaximum of two consecutive nights in any 7 day period. Only one overnight visitor is allowed at any time. You are responsible for the behaviour of any person visiting your flat. You must ensure they do not breach this Occupancy Agreement. Visitors are not permitted in Accommodation during Fresherswhere Week and during the exam periods in December and April/May. Transferring/ Moving Rooms Accommodation transfers will only be considered when all students waiting for Accommodation have been allocated, unless a special case merits the consideration and approval of the Director of Accommodation Services. The case should be submitted in writing to Accommodation Services. You will not be considered for Accommodation transfers if in arrears of rental payments. Under no circumstances are you permitted to move Accommodation without prior agreement from Accommodation Services. An administration fee of £25 per person is payable prior to Accommodation transfer. Where an agreed Accommodation transfer subsequently fails to take place the fee will not be refunded. The University deems the transfer to be complete only once a request to transfer has been agreed, the administration fee payment has been made in full and the new Occupancy Agreement signed. At this duty does time you are eligible to move. The whole terms of this Occupancy Agreement as detailed are transferable to any new allocated Accommodation. Quiet & Alcohol Free If you have expressed a preference for a Quiet/Quiet & Alcohol Free Flat we will do everything we can to accommodate this request. If you are allocated to a Quiet/Quiet & Alcohol Free Flat we will inform you of this by email once you have been sent your accommodation offer. By accepting your accommodation offer, you accept that you will reside in this flat and comply with the definition of Quiet/Quiet & Alcohol Free Flat as noted in this Occupancy Agreement. Contents & Damage You must ensure your Accommodation/property is kept clean, tidy, and in a hygienic condition and free from an accumulation of refuse. You must leave the shared communal areas in a clean, tidy and hygienic condition. Should the Accommodation or the property be found to be in an unsatisfactory condition, Accommodation Services will be entitled to instruct cleaning of the Accommodation or the property at the expense of the student or students sharing the property. You hereby agree to pay the cost for the said cleaning and give access for cleaning to take place. You will not applyalter or cause damage to the Accommodation or its furniture nor remove any contents or furnishings detailed on the inventory form You will meet the cost of making good any damage or loss caused to the Accommodation or its furniture Other than bedding, you are still legally obliged not permitted to take reasonable care bring any soft furnishings or furniture into the Accommodation without prior written permission of Accommodation Services. All such furniture must comply with fire safety regulations You must not to make any misrepresentation modify or decorate the property or the Accommodation. You must not attach items to the insurerwalls with bluetac, sellotape or any other means. Any such items should be attached to notice boards. You must not put anything harmful or likely to cause a blockage in any pipes or drains You must report any faults or damage to your Operations team immediately Car Parking & Bicycles You are required to comply with the car parking regulations (xxxxx://xxx.xxxx.xx.xx/about/getting-here) Bicycles are not permitted to be stored anywhere within the accommodation buildings. There are covered areas available for bicycle storage (you must supply your own lock) close to all accommodation buildings. Smoking & Health and Safety Smoking & Health and Safety You must not smoke inside any area of the property (including the use of vapour and e-cigarettes).. You are not permitted to have candles or similar burning or smouldering materials (such as incense, fireworks, etc.) within the property, whether lit or unlit. The use of humidifiers or any other item that causes steam/water vapour is prohibited in bedrooms We may remove from the Accommodation any items (used or unused) that belong to you or your Visitors and which we consider (acting reasonably) are dangerous and/or may cause a fire hazard or which we consider constitute a nuisance, subject to giving you prior warning. If we remove an item, we will notify you of this and confirm who you need to contact in order to recover the item. You will not be responsible for able, however, to take the item back to your Accommodation. You must familiarise yourself with and observe fire regulations and procedures displayed at the property and within Accommodation Services literature. You must always evacuate the Accommodation and the property on hearing the fire alarm and follow the designated evacuation routes (as indicated in all bedrooms) except during weekly alarm tests. You will not engage in any consequences which may arise from actions that are likely to impair safety in the property and endanger others in any delayedway. You must ensure all fire doors are closed and unobstructed at all times. You must not tamper with or cover any fire equipment You are permitted to bring electrical items into the Accommodation and property subject to them being safety tested (PAT) prior to arrival. You must immediately report any instance of an infectious or contagious condition or an accident suffered by you or your visitors whilst in the Accommodation or property to Accommodation staff. Security You must leave your Accommodation locked when vacant. Any unauthorised access and entry to other Accommodation in the property or another property is forbidden. You must report any loss of keys or access card to Accommodation Services immediately. In the event of a loss, inaccurate or incomplete information, or any misrepresentation a charge will be made by youAccommodation Services for a replacement. Please discuss with us if You agree to pay for the cost of the replacement. You must not give your keys or access card to anyone else for use You must produce a student ID card when requested to do so by University staff. Mail We ask you have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what to agree and abide by the applicable duty Student Mail and Parcels Procedures 2020/21 which are published on the accommodation pages of disclosure isthe University of Stirling website. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements you General You must advise us notify Accommodation Services as soon as possiblepossible of any pending or actual criminal proceedings you are facing. Your reinsurance Contract Although we Should you fail to notify Accommodation Services of any pending or actual criminal proceedings, Accommodation Services reserves the right to terminate this Occupancy Agreement in line with Clause 3, Termination You are not permitted to keep any pet or animal in the Accommodation or property with the exception of assistance animals. Accommodation Services must have granted prior permission for any assistance animal in residences. You must allow the University at reasonable times to enter the Accommodation for the purpose of inspection, cleaning, maintenance or repair. The University will check try to give you reasonable advance warning of when Accommodation inspections are due to take place, usually by email, but this is not always practicable. You are also required to permit access for the contract documents we send you, you University’s authorised contractors. You are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits purchase of a TV license for any television owned by you and other terms that you require. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim use in the jurisdiction in questionproperty or Accommodation. As we are not lawyers, we do not advise on the legal implications of failure to collect Discipline Discipline Discipline You and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of your visitors must comply with all relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings Scottish & UK Government regulations in relation to Covid-19 as may apply during the period of the Occupancy Agreement. Students found to be repeatedly ignoring the Covid-19 regulations will be deemed to be in material breach of the terms of the Occupancy Agreement, which may result, at the discretion of the University, in the termination of the Occupancy Agreement and therefore Your right to occupy the Accommodation. You and your claims where this is necessaryvisitors must conduct yourselves in an appropriate manner at all times and comply with the current regulations set out in the University Calendar in particular the Code of Student Discipline contained within Ordinance 2. Any breach of its terms will be deemed to be a breach of the terms of the Occupancy Agreement, which may result in the termination of the Occupancy Agreement and therefore Your right to occupy the Accommodation. You and your visitors must not, in general terms, harass or act in an anti-social manner towards, or to pursue a course of anti-social conduct against any person in the University or in the vicinity of the University. Such people include other students, visitors, those who work or study in the University, agents and contractors.

Appears in 1 contract

Samples: www.stir.ac.uk

Your Responsibilities. Proposal Forms For certain classes Up to this point, the contract has mostly fixated on everything that’s been done in the lead up to the retrieval as well as what will happen post-retrieval. There is also a sizable section of insurance the contract that outlines what is expected of you may during the process and what you’re agreeing to be required responsible for. These things include: - Following all medical instructions as provided by the clinic - Taking all medications as instructed - Attending all the appointments for the egg retrieval cycle and keep strict compliance with this schedule - Refraining from sexual activity during the period of time that the IVF physician requires - Refraining from smoking, drug use, alcohol consumption, getting tattoos or piercing during the period of time that the IVF physician requires - Remaining in the US during the course of the cycle - Informing the physician of any Xxxx exposure or if you’ve contracted COVID - Informing Cofertility or the clinic if there are any changes to complete a proposal form or similar document. We will provide guidance but we are not able to complete the document for you. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet your insurance needs. In order to make our business relationship work, you must provide complete and accurate information and instructions in a timely manner, so that we can assist you fully. Where you ask us to arrange insurance wholly or mainly for your own business (i.e. any insurance other than a ‘consumer insurance’), you are under a duty to make disclosure of all material circumstances and to make that disclosure in a manner situation that would be reasonably clear and accessible impactful on a cycle (like a newly contracted sexually transmitted infection or family diagnosis). In this case, it’s generally better to a prudent insurerovershare rather than run the risk of accidentally concealing something important. The Intended Parents Responsibilities: The contract will also outline what is expected of the intended parents during the process. This duty applies equally at placementgenerally includes: - They will pay for all medical expenses - They will pay for all travel expenses. The contract will list what is covered, renewalif there are any financial limits or anything required from you (like submitting receipts). - They will pay for freezing and storing of your eggs for up to 10 years (these are called “cryopreservation expenses”) - They will purchase a medical insurance policy to cover any potential complications that may arise during or after the cycle - They will agree to pay a cancellation fee if the cycle is canceled through no fault of your own after you’ve already started medications. Remember that if the cycle is canceled because of actions you take (e.g., alterations and where the insurance contract conditions so stipulate. A factor or circumstance is “material” if it would influence the judgment of a prudent insurer in deciding whether not taking medications or not showing up to underwrite appointments) that is considered a breach of the risk agreement and if so, at what premium and on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction in the amount paid in the event of a claim. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation to the insurer. We will would not be responsible eligible for any consequences which cancellation fee. Other things included: Typical contracts will also include clauses about: - If the intended parents are married, what would happen if the intended parents divorce - Your - and the IP(s) rights - to any unused embryos. This section may arise from any delayed, inaccurate or incomplete information, or any misrepresentation made by you. Please discuss with us if you have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what the applicable duty be called “disposition of disclosure is. Choice of reinsurers eggs / embryos.” If you have any concerns with any insurers chosen for strong feelings about whether and how your reinsurance requirements you must advise us as soon as possible. Your reinsurance Contract Although we will check donated eggs may be used down the contract documents we send youline, you are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits and other terms that you require. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim in the jurisdiction in question. As we are not lawyers, we do not advise on the legal implications of failure to collect and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take discuss this with your own member advocate ahead of the legal adviceagreement phase. It therefore remains your responsibility to monitor - Risks associated with a cycle - while this section may seem intimidating, remember that the position doctor will have already reviewed all of these risks with you. They’re repeated for completeness sake. - Contract termination - when you or the intended parents can terminate the contract. One notable clause states that if you terminate the agreement without medical cause after starting medications but before the retrieval, you will be responsible for, at minimum, reimbursing the IP(s) for medical expenses paid. - Sharing of medical information - how and when information is shared Future Contact: This section will detail what you and the IP(s) have decided on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessaryas far as future contact. If you decide on an undisclosed donation, it will specify the various ways that you can reach out with any updates or questions down the line.

Appears in 1 contract

Samples: Donation Agreement

Your Responsibilities. Proposal Forms For certain classes of insurance you may be required to complete a proposal form or similar document. We will provide guidance but we are not able to complete the document for you. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet your insurance needs. In order to make our business relationship work, you must provide complete and accurate information and instructions in a timely manner, so that we can assist you fully. Where you ask us to arrange insurance wholly or mainly for your own business (i.e. any insurance other than a ‘consumer insurance’), you are under a duty to make disclosure of all material circumstances and to make that disclosure in a manner that would be reasonably clear and accessible to a prudent insurer. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulate. A factor or circumstance is “material” if it would influence the judgment of a prudent insurer in deciding whether or not to underwrite the risk and if so, at what premium and on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction in the amount paid in the event of a claim. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation to the insurer. We will not be responsible for any consequences which may arise from any delayed, inaccurate or incomplete information, or any misrepresentation made by you. Please discuss with us if you have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements you must advise us as soon as possible. Your reinsurance Contract Although we will check the contract documents we send you, you are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits and other terms that you require. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim in the jurisdiction in question. As we are not lawyers, we do not advise on the legal implications of failure to collect and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessary.

Appears in 1 contract

Samples: www.willis.com

Your Responsibilities. Proposal Forms For certain classes Charges You must pay the Sessional Charge on the dates You have chosen as set out on your accommodation dashboard. The Sessional Charge for living in the property is set out in your Offer together with the number of insurance instalments chosen by You under the payment plan. The due dates for payments are shown on your accommodation dashboard, and the invoice will be visible once You have arrived in your accommodation. If You are in attendance for half or part of a session You will be liable to pay the appropriate amount of the Sessional Charge. You do not have the option to pay by instalments, unless you may be required contact the Accommodation Office in advance of your arrival. All residences are supplied with access to complete a proposal form or similar documentthe University Wi-Fi/broadband network included in the Sessional Charge. We will provide guidance but we All rental charges are not able inclusive of reasonable usage of utilities, including heat and electricity. If, in the reasonable view of the University, excessive amounts of utilities are used, the University reserve the right to complete the document invoice You for you. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet your insurance needsany additional costs. In order the event of excessive usage You will be notified by Accommodation Services of the excessive usage. You will be charged thereafter for any subsequent excessive use. If you fail to make our business relationship work, you must provide complete and accurate information and instructions in occupy the Accommodation. You will remain liable for the Sessional Charge until a timely manner, so that we can assist you fullysuitable replacement is found. This liability will last for the whole of the Period of Occupancy if no replacement is found. Where you ask us vacate without informing Accommodation Services. You will remain liable for the Sessional Charge until a suitable replacement is found. This liability will last for the whole of the Period of Occupancy if no replacement is found. VAT is currently not payable on Sessional Charges. The University reserve the right to arrange insurance wholly or mainly charge VAT at the published rate if it becomes payable during the Period of Occupancy (for your own business example if there is a change in the law). Rent Prepayment (i.e. any insurance other than a ‘consumer insurance’), you are under a duty Postgraduate Students Only) You agree to make disclosure a prepayment of all material circumstances rent to the value of £300.00 during the acceptance process for Accommodation. The £300.00 prepayment will be credited to your rent account and to make that disclosure in a manner that would will be reasonably clear and accessible to a prudent insurerdeducted from the first rent payment due. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulate. A factor or circumstance The rent prepayment is “material” if it would influence the judgment of a prudent insurer in deciding whether or not to underwrite the risk and if so, at what premium and on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction in the amount paid returnable in the event of cancellation by you prior to, or during the period of occupancy, with the exception of international student visa refusals as outlined below. If You are an international student who has been refused a claimvisa, You must notify Accommodation Services immediately and, in any event, before the Commencement Date. Even where Accommodation Services will release You from your obligations once proof of the visa refusal has been provided. If this is after the Commencement Date, Accommodation Services will charge the Sessional Charge as stated, on a pro rata basis, until the date that this proof is received. Induction You agree to complete the online accommodation induction prior to arrival. Inventory You will complete an online inventory form within 7 days of arrival. Any damage found at the Termination Date when compared to the completed inventory will be invoiced to you purchase Visitors Residents MUST notify their fellow residents/flatmates if they plan on having an overnight guest and if a fellow resident objects their feelings should be taken into consideration. Visitors (16 years or propose older) are permitted to purchase) share your accommodation for a ‘consumer insurancemaximum of two consecutive nights in any 7 day period. Only one overnight visitor is allowed at any time. You are responsible for the behaviour of any person visiting your flat. You must ensure they do not breach this Occupancy Agreement. Visitors are not permitted in Accommodation during Fresherswhere Week and during the exam periods in December and April/May. Transferring/ Moving Rooms Accommodation transfers will only be considered when all students waiting for Accommodation have been allocated, unless a special case merits the consideration and approval of the Director of Accommodation Services. The case should be submitted in writing to Accommodation Services. You will not be considered for Accommodation transfers if in arrears of rental payments. Under no circumstances are you permitted to move Accommodation without prior agreement from Accommodation Services. An administration fee of £25 per person is payable prior to Accommodation transfer. Where an agreed Accommodation transfer subsequently fails to take place the fee will not be refunded. The University deems the transfer to be complete only once a request to transfer has been agreed, the administration fee payment has been made in full and the new Occupancy Agreement signed. At this duty does time you are eligible to move. The whole terms of this Occupancy Agreement as detailed are transferable to any new allocated Accommodation. Quiet & Alcohol Free If you have expressed a preference for a Quiet/Quiet & Alcohol Free Flat we will do everything we can to accommodate this request. If you are allocated to a Quiet/Quiet & Alcohol Free Flat we will inform you of this by email once you have been sent your accommodation offer. By accepting your accommodation offer, you accept that you will reside in this flat and comply with the definition of Quiet/Quiet & Alcohol Free Flat as noted in this Occupancy Agreement. Contents & Damage You must ensure your Accommodation/property is kept clean, tidy, and in a hygienic condition and free from an accumulation of refuse. You must leave the shared communal areas in a clean, tidy and hygienic condition. Should the Accommodation or the property be found to be in an unsatisfactory condition, Accommodation Services will be entitled to instruct cleaning of the Accommodation or the property at the expense of the student or students sharing the property. You hereby agree to pay the cost for the said cleaning and give access for cleaning to take place. You will not applyalter or cause damage to the Accommodation or its furniture nor remove any contents or furnishings detailed on the inventory form You will meet the cost of making good any damage or loss caused to the Accommodation or its furniture Other than bedding, you are still legally obliged not permitted to take reasonable care bring any soft furnishings or furniture into the Accommodation without prior written permission of Accommodation Services. All such furniture must comply with fire safety regulations You must not to make any misrepresentation modify or decorate the property or the Accommodation. You must not attach items to the insurerwalls with blu tac, sellotape or any other means. Any such items should be attached to notice boards. You must not put anything harmful or likely to cause a blockage in any pipes or drains You must report any faults or damage to your Operations team immediately Car Parking & Bicycles You are required to comply with the car parking regulations (xxxxx://xxx.xxxx.xx.xx/about/getting-here) Bicycles are not permitted to be stored anywhere within the accommodation buildings. There are covered areas available for bicycle storage (you must supply your own lock) close to all accommodation buildings. Smoking & Health and Safety Smoking & Health and Safety You must not smoke inside any area of the property (including the use of vapour and e-cigarettes).. You are not permitted to have candles or similar burning or smouldering materials (such as incense, fireworks, etc.) within the property, whether lit or unlit. The use of humidifiers or any other item that causes steam/water vapour is prohibited in bedrooms We may remove from the Accommodation any items (used or unused) that belong to you or your Visitors and which we consider (acting reasonably) are dangerous and/or may cause a fire hazard or which we consider constitute a nuisance, subject to giving you prior warning. If we remove an item, we will notify you of this and confirm who you need to contact in order to recover the item. You will not be responsible for able, however, to take the item back to your Accommodation. You must familiarise yourself with and observe fire regulations and procedures displayed at the property and within Accommodation Services literature. You must always evacuate the Accommodation and the property on hearing the fire alarm and follow the designated evacuation routes (as indicated in all bedrooms) except during weekly alarm tests. You will not engage in any consequences which may arise from actions that are likely to impair safety in the property and endanger others in any delayedway. You must ensure all fire doors are closed and unobstructed at all times. You must not tamper with or cover any fire equipment You must immediately report any faults observed in any fire safety fixtures or equipment (e.g. a fire door not closing properly, inaccurate an expended fire extinguisher) You are permitted to bring electrical items into the Accommodation and property subject to them being safety tested (PAT) prior to arrival. You must immediately report any instance of an infectious or incomplete informationcontagious condition or an accident suffered by you or your visitors whilst in the Accommodation or property to Accommodation staff. Security You must leave your Accommodation locked when vacant. Any unauthorised access and entry to other Accommodation in the property or another property is forbidden. You must report any loss of keys or access card to Accommodation Services immediately. In the event of a loss, or any misrepresentation a charge will be made by youAccommodation Services for a replacement. Please discuss with us if You agree to pay for the cost of the replacement. You must not give your keys or access card to anyone else for use You must produce a student ID card when requested to do so by University staff. Mail We ask you have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what to agree and abide by the applicable duty Student Mail and Parcels Procedures 2021/22 which are published on the accommodation pages of disclosure isthe University of Stirling website. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements you General You must advise us notify Accommodation Services as soon as possiblepossible of any pending or actual criminal proceedings you are facing. Your reinsurance Contract Although we Should you fail to notify Accommodation Services of any pending or actual criminal proceedings, Accommodation Services reserves the right to terminate this Occupancy Agreement in line with Clause 3, Termination You are not permitted to keep any pet or animal in the Accommodation or property with the exception of assistance animals. Accommodation Services must have granted prior permission for any assistance animal in residences. You must allow the University at reasonable times to enter the Accommodation for the purpose of inspection, cleaning, maintenance or repair. The University will check try to give you reasonable advance warning of when Accommodation inspections are due to take place, usually by email, but this is not always practicable. You are also required to permit access for the contract documents we send you, you University’s authorised contractors. You are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits purchase of a TV license for any television owned by you and other terms that you require. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim use in the jurisdiction in questionproperty or Accommodation. As we are not lawyers, we do not advise on the legal implications of failure to collect Discipline Discipline Discipline You and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of your visitors must comply with all relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings Scottish & UK Government regulations in relation to Covid-19 as may apply during the period of the Occupancy Agreement. Students found to be repeatedly ignoring the Covid-19 regulations will be deemed to be in material breach of the terms of the Occupancy Agreement, which may result, at the discretion of the University, in the termination of the Occupancy Agreement and therefore Your right to occupy the Accommodation. You and your claims where this is necessaryvisitors must conduct yourselves in an appropriate manner at all times and comply with the current regulations set out in the University Calendar in particular the Code of Student Discipline contained within Ordinance 2. Any breach of its terms will be deemed to be a breach of the terms of the Occupancy Agreement, which may result in the termination of the Occupancy Agreement and therefore Your right to occupy the Accommodation. You and your visitors must not, in general terms, harass or act in an anti-social manner towards, or to pursue a course of anti-social conduct against any person in the University or in the vicinity of the University. Such people include other students, visitors, those who work or study in the University, agents and contractors.

Appears in 1 contract

Samples: Terms of Agreement

Your Responsibilities. Proposal Forms For certain classes You must take reasonable care to provide complete and accurate answers to the questions we ask. Please ensure you have read the policy summary carefully to see if they apply to your circumstances. If any of insurance the information provided by you may be required to complete a proposal form or similar document. We will provide guidance but we are not able to complete changes after you have purchased the document for you. Disclosure policy and during the period of Information Our objective is to obtain the best product we can identify in order to meet your insurance needs. In order to make our business relationship workpolicy, you must provide the insurer with details. If the information provided is not complete and accurate information and instructions in a timely manner, so that we can assist you fully. Where you ask us to arrange insurance wholly accurate: • Your policy may be cancelled or mainly for your own business (i.e. any insurance other than a ‘consumer insurance’), you are under a duty to make disclosure of all material circumstances and to make that disclosure in a manner that would be reasonably clear and accessible to a prudent insurer. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulate. A factor or circumstance is “material” treated as if it would influence never existed and as a result the judgment insurer will refuse to pay any claim, or • The insurer may not pay any claim in full, or • The insurer may revise the premium and/or change any excess, or • The extent of the cover may be affected. You must advise us if: • You or any other person insured on the policy has ever had insurance declined or special terms added, • You or any other person insured on the policy has in the past 5 years consulted, attended or been examined by a prudent insurer doctor or other Practitioner, • You or any other person insured on the policy have had any incidents in deciding the last three years that resulted in damage to property, items being stolen or injury to yourself. You should include these incidents whether or not to underwrite the risk and if soyou made a claim, at what premium and • You or any other person insured on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it as if it had never existed) or amend have any unspent convictions. 'A "spent conviction" is a conviction which, under the terms that apply which may lead to of the Rehabilitation of Offenders Xxx 0000, can be effectively ignored after a claim being refused or a reduction in the specified amount paid in the event of a claimtime. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation to the insurer. We will not be responsible for any consequences which may arise from any delayed, inaccurate or incomplete information, or any misrepresentation made by you. Please discuss with us if If however you have received a prison sentence of four years or more, your convictions will never become spent, • If any doubts about what is material or of the information provided by you changes after you have any concerns purchased the policy and during the period of the policy that we may not have material information, or have any doubt about what you must provide the applicable duty of disclosure isInsurer with details. Choice of reinsurers If you have already bought insurance from us you should read all the enclosed documents. You should make sure the documents are accurate and contact us if the documents contain any concerns with any insurers chosen for errors. If your reinsurance requirements policy does not meet your needs or you do not understand it please inform us immediately. You must advise tell us as soon as possiblepossible about any changes that could affect your insurance. Your reinsurance Contract Although If you do not do this we will check assume that the contract documents information we send you, hold about you are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits and other terms that you require. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim in the jurisdiction in question. As we are not lawyers, we do not advise on the legal implications of failure to collect and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessarycorrect.

Appears in 1 contract

Samples: Terms of Business Agreement

Your Responsibilities. Proposal Forms For certain classes of insurance You must inspect the vehicle and any accessories we provide before you may be required to complete a proposal form or similar documenttake the vehicle. We will provide guidance but we If you are not able to complete satisfied that the document for you. Disclosure condition of Information Our objective is to obtain the best product we can identify in order to meet your insurance needs. In order to make vehicle matches our business relationship workpre- rental inspection report, you must provide complete notify us before you drive away. In the absence of such notice, it shall be deemed the vehicle condition is as stated and accurate information it is in perfect working order. You must look after the vehicle and instructions in a timely manner, so that we can assist you fullykeys to the vehicle. Where you ask us to arrange insurance wholly or mainly for your own business (i.e. any insurance other than a ‘consumer insurance’), You must always lock the vehicle when you are under a duty not using it and never leave the keys in the vehicle or the vehicle unlocked when unattended. You will be held responsible for the theft of the vehicle unless the keys are removed and the vehicle is locked. You must always protect the vehicle against bad weather which can cause damage. You must make sure that you use the correct fuel. You must ensure that the vehicle does not run out of fuel completely and must return the vehicle with the same amount of fuel as at check-out. Shortages will be charged for. Should the vehicle be damaged by the neglect of the hirer, such as failure to make disclosure keep sufficient water in the radiator or oil in the sump, or by the unauthorized use of the vehicle, the hirer is responsible for the TOTAL cost of rectifying the damage caused through negligence, this is not limited to your maximum insurance excess. In the event of loss or damage to the vehicle whilst on hire, the hirer shall pay on demand all material circumstances resulting loss and to make that disclosure in a manner that would be reasonably clear and accessible to a prudent insurer. This duty applies equally at placement, renewal, alterations and where expense unless the insurance contract conditions so stipulate. A factor or circumstance is “material” if it would influence the judgment of a prudent insurer in deciding whether or not to underwrite the risk and if so, at what premium and on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it as if it had never existed) or amend hirer has complied with all the terms that apply which may lead to a claim being refused or a reduction and conditions herein. Provided the hirer has complied with all terms and conditions herein, the limit of your liability will be as stated in the amount paid in rental agreement (or subsequent written and signed agreement). The hirer is not responsible for loss or damage to vehicle as the result of fire or theft (providing the vehicle was locked and the keys had been removed). You are responsible for any missing radios, tools, accessories and equipment and the replacement costs of broken / chipped glass, puncture repair or any other tyre and wheel damage incurred whilst on hire. In the event of a claimbreakdown necessitating repairs costing more than £10, the hirer shall contact Pronto Hire, during office hours, who will make the necessary arrangements for the work to be carried out. Even where Please keep the receipts of any work undertaken whilst in your charge. If we do give you purchase permission, we will only give you a refund if you produce a receipt for the work. Ordinary roadside adjustments, punctures and small roadside running repairs (or propose to purchasee.g. wheel changes) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make the responsibility of the hirer. You are responsible for any misrepresentation damage to the insurerroof or upper part of the vehicle caused by hitting low level objects, such as car park height restriction barriers, bridges or low branches. We Overhead damage falls outside our standard insurance and cost of repair is not included in your standard excess. ALL costs for repair of roof damage and 3rd party property will not be the responsibility of the hirer. Should the vehicle become un-roadworthy due to negligence on the part of the hirer and a replacement vehicle is supplied, the hirer would be responsible for any consequences which may arise from any delayedthe “loss of use” whilst the damaged vehicle is off the road. The cost of the replacement vehicle will be charged in addition to the original hire. You must not sell, inaccurate rent, loan or incomplete information, dispose of the vehicle or any misrepresentation made by youof its parts. Please discuss with You must not give anyone any legal rights over the vehicle. You must not let anyone work on the vehicle without our permission. You must let us if you have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements you must advise us know as soon as possibleyou become aware of a defect to the vehicle. Your reinsurance Contract Although we will You must bring the vehicle back to the place where it was hired from during opening hours. One of our staff must physically check the contract documents we send youvehicle for any damage post hire. The hire is not complete until the vehicle has been physically checked in. If the vehicle is returned outside of business hours, you are will remain responsible for reviewing the vehicle and its condition until it is checked in by a member of staff. You will have to pay for repairs if the vehicle needs more than our standard valeting (cleaning); or you have damaged the inside of the vehicle; or you have damaged and/or lost any part of the vehicle. Payment for this will be deducted from your contract deposit, any shortfall (up to ensure that it accurately reflects the cover, conditions, limits and other terms maximum limit of your excess) will be taken on the card you used to pay for the hire. Certain credit cards attract an additional fee. VAT is not applicable to damage excess payments. You must check before you return the vehicle that you require. Particular attention should be paid to have not left any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim personal belongings in the jurisdiction in question. As we are not lawyers, we do not advise on the legal implications of failure to collect and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessaryvehicle.

Appears in 1 contract

Samples: Your Contract

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Your Responsibilities. Proposal Forms For certain classes Your premium is based on the information you gave at the start of the insurance and when it is renewed. You are responsible for the information you may be required or your appointed representative has provided to complete a proposal form or similar documentus. We will provide guidance but we are not able You should ensure that the information provided is, as far as you know, correct and complete. If you have failed to complete the document for you. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet your insurance needs. In order to make our business relationship work, you must provide give us complete and accurate information, this could lead to us changing the terms of your policy, refusing your claim or the insurance not being valid. You must, if requested, provide us wtih all relevant information and instructions documentation in relation to this insurance. The vehicle must have an MOT (unless exempt), be taxed, insured and registered inhet UKwhere requiredand you must: ▪ Take all reasonable steps to protect your vehicle from lossor damage ▪ Maintain your vehicle in a timely mannerroadworthy condition and ▪ Let us examine your vehicle at any reasonabel time If the above requirements are not met, so that we can assist may reject or reduce your claim, and/or cancel your policy or declare your policy null and void. Changes to your details You must tell us immediately about any changes to the information you have already provided. Please contacRt Hif you fully, or at all. Where Here are some examples of the changes you ask should tell us about: ▪ A change of vehicle (including extravehicles and any temporary vehicles) ▪ standard specification (whether the changes are mechanical or cosmetic) ▪ A change of address ▪ A change of job, including any part-time work by you or other drivers, a change in the type of business or having no work ▪ A change in the purposefor which you use your vehicle ▪ A new main user of your vehicle ▪ Details of any driver you have not told us about before, or who is not specifically entitled to arrange drive by the certificate of motor insurance wholly or mainly for your own business (i.e. is excluded by an endorsement, but who you now want to drive ▪ Details of any insurance other than a ‘consumer insurance’motoring conviction(s), you are under disqualification(s) or fixed-penalty motoring offence(s) of any person allowed to drive or of any prosecution(s) pending (where a duty case is being investigated but there is no conviction yet) for any motor offence ▪ Details of any non-motor conviction or prosecution pending (where a case is being investigated but there is no conviction yet) for any person allowed to make disclosure drive ▪ Details of all material circumstances and to make that disclosure in a manner that would be reasonably clear and accessible to a prudent insurer. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulate. A factor any accident or circumstance is “material” if it would influence the judgment of a prudent insurer in deciding loss (whether or not to underwrite the risk and if so, at what premium and on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction in the amount paid in the event of you make a claim. Even where ) involving your vehicle or that happens while you purchase (or propose anyone who is entitled to purchasedrive under this insurance)were driving any other motor vehicle (whether you own the vehicle or not) ▪ If any driver suffers from a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation disability or medical condition that must be revealed to the insurer. We will DVLA, whether or not be responsible for the driving licence has been restricted After any consequences which may arise from any delayedloss, inaccurate damage or incomplete information, or any misrepresentation made by you. Please discuss with us if you have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements accident you must advise us giveus full details of the incident as soon as possible. Your reinsurance Contract Although You must send every communication about a claim (including any writ or summons) to us without delay and xxxx accident inquiry involving anyone covered by this insurance. You must give us any information, documentation and help we need to help us deal with your claim. We will only ask for this if it is relevant to your claim. You must notify us of a claim at the earliest opportunity of it occurring. If you fail to comply with this section, or otherwise prejudice our position, we reserve the right to seek recovery of any additional costs incurred due to your action or failure to act. Claim requirements rights and obligations If a claim is made which you or anyone acting on your behalf knows is false, fraudulent, exaggerated, or provides false or stolen documents to support a claim we will check not pay the contract documents we send you, you are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits claim and other terms that you require. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coveragecover under this insurance will end. If there are a number of claims for property damage arising out of any discrepancies one cause, we may pay you should consult us immediatelyup to the maximum amount due under section 1. Claims It is generally (We will take from this amount any amounts we have already paid as compensation.) When we pay this amount, we wil withdraw from any further action connected with settling these claims. We will cover any legal costs and expenses paid with our permission, up to the case that claims may become unenforceable by way of legal time we withdraw from dealing with the claims. You must not admit to, negotiate on or refuse any claimunless you have our permission. We can: ▪ Take-over, carry out, defend or settle any claim and ▪ Take proceedings (or which we will pay for, and for our own benefit) to recover any payment wehave made under this insurance We will take this action in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim nameor in the jurisdiction in questionname of anyone else covered by this insurance. As You, or the person whose name we use, must c-ooperate with us on any matter which affects this insurance. If we refuse to provide cover because you have failed to provide information opr rovided incorrect information, but we have a legal responsibility to pay a claim under the Road Traffic Acts, we can settle the claim or judgment without affecting our position under this policy. We can recover any payments that we make from you. If you fail to provide all requested information, documentation and evidence of claim damage, we reserve the right not to pay for damages under Section 2 of this policy document. Compulsory Insurance laws If we are not lawyers, we do not advise on the legal implications of failure required to collect and we will not commence legal proceedings or enter into standstill/tolling agreements settle a claim in order to suspend comply with the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods law applying to your claims any country in which this policy operates, and which we would not otherwise be required to commence legal proceedings in relation pay because of a breach of policy conditions, we shall be entitled to your claims where this is necessaryrecover the amount paid and any associated costs, from either yourselfor the person who incurred the liability.

Appears in 1 contract

Samples: mbshosting.s3.eu-west-2.amazonaws.com

Your Responsibilities. Proposal Forms For certain classes Provisions of insurance you may be instructions, information and completion of any required form To enable us to complete a proposal form or similar document. We will provide guidance but we are not able to complete the document for you. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet fulfill your insurance needs. In order to make our business relationship work, instructions you must provide complete and accurate us with the information and instructions in a timely manner, necessary regarding your insurance contract so that we can assist you fullyunderstand your requirements. Where you ask us to arrange Certain classes of insurance wholly require the completion of a proposal form, questionnaire or mainly equivalent document. You must complete such documents accurately. Whilst we may give guidance regarding the completion of these documents, we cannot sign these documents for your own business (i.e. any you. Duty of disclosure An insurance other than a ‘consumer insurance’), you are under contract is one of the utmost good faith. You owe a duty of disclosure to make disclosure insurers and there are potentially severe consequences if you breach this duty. You must disclose to insurers any fact or circumstance which is known to you (or which ought to be known to you in the ordinary course of all your business) and which is material circumstances and to make that disclosure in a manner that would be reasonably clear and accessible to a prudent insurer. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulaterisk. A factor fact or circumstance is “material” deemed to be material if it would influence the judgment judgement of a prudent insurer insurer(s) in deciding calculating the premium or determining whether he would accept the risk. If there is any doubt as to whether information is material, it must be disclosed to insurer(s). This obligation applies before the insurance contract is concluded, during the insurance contract period, at renewal, and upon any extension or amendment to the insurance contract. In addition, the duty also applies to the claims process and to other situations where you are required to provide information to insurers. Should you fail to disclose any material fact or circumstance, insurers may avoid the insurance contract, enabling insurers not to underwrite pay any outstanding claims and to require repayment of all claims previously paid. You should contact us immediately for assistance if you are unsure whether information may be material, or if it comes to your attention that you may have not disclosed full and accurate information. Check documentation and acceptance of coverage It is your responsibility to check the risk documentation we send you in relation to each insurance contract and satisfy yourself that it is entirely in accordance with your understanding and instructions. You should advise us promptly of any incorrect points or changes required. Otherwise, we will assume that the documentation and insurance contract satisfy your requirements. We can only agree to bind an insurance contract on your behalf upon receipt of formal written instructions from you. It is important that you keep your insurance documents safe. Payment terms In order for us to meet an insurer’s premium payment terms, premiums must be settled to us by the payment date(s) specified in our debit note. In certain circumstances, insurer(s) will stipulate special premium payment terms which, if not met, may affect the validity of the insurance contract. We will advise you when these circumstances arise. We are not under any obligation to settle the premium by the payment date(s) to insurer(s) on your behalf until we have received cleared funds from you by the relevant due date. Payment methods Insurance premiums should be settled on an individual debit note or credit note basis. We will issue Statements of Account periodically, if there are monies due to be paid by you. All payments should be made to us in the currency as indicated on the debit note or statement and wherever possible, by electronic transfer. Bank account details will be advised to you. Third Party You may authorise a third party to instruct us with regard to the purchase of your insurance. The third party is acting as your agent and we may wish to satisfy ourselves at the outset that they are authorised to act in this capacity but we are under no obligation to do so, at what premium and . We will act on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it all instructions received from your agent as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction we were dealing with you directly and will continue doing so until you notify us in the amount paid in the event of a claim. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation writing to the insurercontrary. It is your responsibility to ensure that any instructions given to us by your agent are correct and to notify us of any limitations in respect of your agent’s authority. We will not be responsible for any consequences which may arise from any delayed, inaccurate or incomplete information, or any misrepresentation made by you. Please discuss with us if you have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements you must advise us as soon as possible. Your reinsurance Contract Although we will check the contract documents we send you, you are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits and other terms that you require. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim in the jurisdiction in question. As we are not lawyers, we do not advise on the legal implications of failure to collect and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessary.for:

Appears in 1 contract

Samples: Client Agreement

Your Responsibilities. Proposal Forms For certain classes It will be your responsibility: • To pay our fees, disbursements, and any other sums due to us in accordance with this contract • To provide prompt and accurate instructions and advise immediately of insurance you any changes in those instructions • To provide such materials and information as we may be required require from time to complete a proposal form or similar document. We will provide guidance but we are not able to complete the document for you. Disclosure of Information Our objective is to obtain the best product we can identify time in order to meet your insurance needs. In order to make our business relationship work, you must provide complete and accurate information and instructions in a timely manner, so that we can assist you fully. Where you ask us to arrange insurance wholly or mainly for your own business (i.e. any insurance other than a ‘consumer insurance’), you are under a duty to make disclosure of all material circumstances perform the Services and to satisfy any statutory obligations • To co-operate with us reasonably • To make certain that disclosure in a manner that would be reasonably clear the Property and accessible to a prudent insurer. This duty applies equally its fixtures, fittings and contents, are at placement, renewal, alterations all times properly and where adequately insured whether the insurance contract conditions so stipulate. A factor or circumstance Property is “material” if it would influence the judgment of a prudent insurer in deciding whether occupied or not to underwrite the risk and if so, at what premium and on what terms. Failure to discharge this duty • To obtain all necessary consents that you may allow need from your mortgagee and/or your superior landlord and/or your insurers to avoid enter into the policy (i.e. treat it as if it had never existed) Tenancy Agreement • To provide to us details of any obligations or amend the terms that apply which may lead to a claim being refused restrictive covenants under any leases or a reduction in the amount paid in the event of a claim. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation contracts relating to the insurerProperty which the Tenant will be duty bound to observe. We will not be responsible ask you for any consequences which may arise from any delayed, inaccurate or incomplete information, or any misrepresentation made by you. Please discuss with us if you have any doubts about what is material or have any concerns that such details separately but we may not have material information, or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements you must advise us as soon as possible. Your reinsurance Contract Although we will check the contract documents we send you, you are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits and other terms that you require. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure do include an appropriate provision to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or with such provisions in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim in the jurisdiction in question. As we are not lawyers, we do not advise on the legal implications of failure to collect our standard Tenancy Agreements and we will not commence legal proceedings or enter into standstill/tolling agreements in order forward any details that you provide to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. Tenant It therefore remains is your responsibility to monitor comply with the position following regulations or any re- enactment of the same: • The Furniture and Furnishings (Fire) (Safety) Regulations 1988 and the Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993 which require all upholstered furniture, soft furnishings, beds, mattresses, pillows and cushions in the Property to comply with certain safety standards • The Gas Safety (Installation and Use) Regulations 1998 as amended • The Electrical Equipment (Safety) Regulations 1994 and IEE Wiring Regulations (BS7671) • The various Houses in Multiple Occupation Regulations implementing the terms of the Housing Act 2004 • The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 Full details of the requirements under these Regulations are available on limitation periods applying request. We shall be entitled to your claims and to commence legal proceedings in relation to your claims where terminate this is necessarycontract if you do not comply with these responsibilities.

Appears in 1 contract

Samples: Agency Agreement

Your Responsibilities. Proposal Forms For certain classes It will be your responsibility:  To pay our fees, disbursements, and any other sums due to us in accordance with this contract  To provide prompt and accurate instructions and advise immediately of insurance you any changes in those instructions  To provide such materials and information as we may be required require from time to complete a proposal form or similar document. We will provide guidance but we are not able to complete the document for you. Disclosure of Information Our objective is to obtain the best product we can identify time in order to meet your insurance needs. In order to make our business relationship work, you must provide complete and accurate information and instructions in a timely manner, so that we can assist you fully. Where you ask us to arrange insurance wholly or mainly for your own business (i.e. any insurance other than a ‘consumer insurance’), you are under a duty to make disclosure of all material circumstances perform the Services and to satisfy any statutory obligations  To co-operate with us reasonably  To make certain that disclosure in a manner that would be reasonably clear the Property and accessible to a prudent insurer. This duty applies equally its fixtures, fittings and contents, are at placement, renewal, alterations all times properly and where adequately insured whether the insurance contract conditions so stipulate. A factor or circumstance Property is “material” if it would influence the judgment of a prudent insurer in deciding whether occupied or not to underwrite the risk and if so, at what premium and on what terms. Failure to discharge this duty  To obtain all necessary consents that you may allow need from your mortgagee and/or your superior landlord and/or your insurers to avoid enter into the policy (i.e. treat it as if it had never existed) Tenancy Agreement  To provide to us details of any obligations or amend the terms that apply which may lead to a claim being refused restrictive covenants under any leases or a reduction in the amount paid in the event of a claim. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation contracts relating to the insurerProperty which the Tenant will be duty bound to observe. We will not be responsible ask you for any consequences which may arise from any delayed, inaccurate or incomplete information, or any misrepresentation made by you. Please discuss with us if you have any doubts about what is material or have any concerns that such details separately but we may not have material information, or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements you must advise us as soon as possible. Your reinsurance Contract Although we will check the contract documents we send you, you are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits and other terms that you require. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure do include an appropriate provision to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or with such provisions in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim in the jurisdiction in question. As we are not lawyers, we do not advise on the legal implications of failure to collect our standard Tenancy Agreements and we will not commence legal proceedings or enter into standstill/tolling agreements in order forward any details that you provide to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. Tenant It therefore remains is your responsibility to monitor comply with the position following regulations or any re- enactment of the same:  The Furniture and Furnishings (Fire) (Safety) Regulations 1988 and the Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993 which require all upholstered furniture, soft furnishings, beds, mattresses, pillows and cushions in the Property to comply with certain safety standards  The Gas Safety (Installation and Use) Regulations 1998 as amended  The Electrical Equipment (Safety) Regulations 1994 and IEE Wiring Regulations (BS7671)  The various Houses in Multiple Occupation Regulations implementing the terms of the Housing Act 2004  The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 Full details of the requirements under these Regulations are available on limitation periods applying request. We shall be entitled to your claims and to commence legal proceedings in relation to your claims where terminate this is necessarycontract if you do not comply with these responsibilities.

Appears in 1 contract

Samples: Agency Agreement

Your Responsibilities. Proposal Forms For certain classes of insurance You must inspect the vehicle and any accessories we provide before you may be required to complete a proposal form or similar documenttake the vehicle. We will provide guidance but we If you are not able to complete satisfied with the document for you. Disclosure vehicle or you do not think the condition of Information Our objective is to obtain the best product we can identify in order to meet your insurance needs. In order to make our business relationship workvehicle meets are pre-rental inspection report, you should let us know. You must provide complete look after the vehicle, any accessories and accurate information and instructions in a timely manner, so that we can assist you fullythe keys. Where you ask us to arrange insurance wholly or mainly for your own business (i.e. any insurance other than a ‘consumer insurance’), You must always lock the vehicle when you are under a duty to not using it and use and security device which is fitted or we supply. You must always protect the vehicle against weather conditions which could cause damage, particularly the awning. You must make disclosure sure you use the right kind of all material circumstances fuel and to make that disclosure in a manner that would be reasonably clear and accessible to a prudent insurer. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulate. A factor or circumstance is “material” if it would influence the judgment of a prudent insurer in deciding whether or not to underwrite the risk and if so, at what premium and on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction fluids in the amount paid in the event vehicle. Depending on section 11 of a claim. Even where you purchase this agreement (or propose to purchaseOur Motor Insurance and Damage Protection Programme) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation to the insurer. We will not be responsible for any consequences which may arise from any delayed, inaccurate or incomplete information, or any misrepresentation made by you. Please discuss with us if you have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements you must advise us as soon as possible. Your reinsurance Contract Although we will check the contract documents we send you, you are responsible for reviewing your contract any damage to ensure that it accurately reflects the covervehicle including under carriage damage and overhead damage (above 6ft in height) caused by but not limited to hitting low level objects such as bridges, conditionslow hanging trees, limits branches or barriers along with damage to the awning and other terms that you requirefrozen pipework whilst the vehicle is on hire to you. Particular attention should be paid You will have to pay our reasonable costs for bringing the vehicle back to the condition stated in the pre-rental inspection report. This could include but is not limited to any contract conditionsdamage inside and outside the vehicle, warranties cleaning costs if the vehicle is very dirt, and replacing any items or accessories. You must not sell, rent or get rid of the claims notification provisions as failure vehicle or any of its parts. You must not give or try to comply may invalidate your coveragegive anyone the legal rights to the vehicle or transfer legal ownership. You must not let anyone work on the vehicle without permission. If there are we do give permission we will only give you a refund if you have a receipt for the work for which you have permission. You must let us know as soon as you become aware of any discrepancies fault with the vehicle or if the vehicle is stolen or involved in an accident. If we have agreed to drop off the vehicle at an address you should consult us immediatelygive us, you will be responsible for the vehicle from the time we drop it off. Claims It Unless we have agreed to collect the vehicle from you, you must return the vehicle to the location or rental office we agreed. You must return during the opening hours or at a time we have agreed with you. When you return the vehicle, our staff must check its condition. If a member of staff is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying available to your claim check in the jurisdiction vehicle during office hours you will be requested to sign a waiver form. If we agreed to allow you to return the vehicle outside of our opening hours you will stay responsible for the vehicle and its condition until our staff have checked it. We may need to clean the vehicle before our staff can check its condition. You must not carry any object or substance because of its condition or small may harm the vehicle or delay renting or selling it. You are responsible for all damage whatsoever caused by misuse or negligence and for all tyre repairs or replacement wing mirrors and for any broken windows and lights and for any damage to the interior of the vehicle along with any overhead damage (above 6ft in questionheight). As we You are not lawyers, we do not advise responsible for any frozen pipework which occurs whilst the vehicle is on the legal implications hire to you irrespective of failure to collect and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend any ‘collision damage waiver’ you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessarymay have purchased.

Appears in 1 contract

Samples: www.jamesalpe.co.uk

Your Responsibilities. Proposal Forms For certain classes Transferring/ Moving Rooms Accommodation transfers will only be considered when all students waiting for Accommodation have been allocated, unless a special case merits the consideration and approval of insurance the Director of Accommodation Services. The case should be submitted in writing to Accommodation Services. You will not be considered for Accommodation transfers if in arrears of rental payments. Under no circumstances are you may permitted to move Accommodation without prior agreement from Accommodation Services. An administration fee of £25 per person is payable prior to Accommodation transfer. Where an agreed Accommodation transfer subsequently fails to take place the fee will not be refunded. The University deems the transfer to be complete only once a request to transfer has been agreed, the administration fee payment has been made in full and the new Occupancy Agreement signed. At this time you are eligible to move. The whole terms of this Occupancy Agreement as detailed are transferable to any new allocated Accommodation. Quiet & Alcohol Free If you have expressed a preference for a Quiet/Quiet & Alcohol Free Flat we will do everything we can to accommodate this request. If you are allocated to a Quiet/Quiet & Alcohol Free Flat we will inform you of this by email once you have been sent your accommodation offer. By accepting your accommodation offer, you accept that you will reside in this flat and comply with the definition of Quiet/Quiet & Alcohol Free Flat as noted in this Occupancy Agreement. Contents & Damage You must ensure your Accommodation/property is kept clean, tidy, and in a hygienic condition and free from an accumulation of refuse. You must leave the shared communal areas in a clean, tidy and hygienic condition. Should the Accommodation or the property be found to be in an unsatisfactory condition, Accommodation Services will be entitled to instruct cleaning of the Accommodation or the property at the expense of the student or students sharing the property. You hereby agree to pay the cost for the said cleaning and give access for cleaning to take place. You will not alter or cause damage to the Accommodation or its furniture nor remove any contents or furnishings detailed on the inventory form You will meet the cost of making good any damage or loss caused to the Accommodation or its furniture Other than bedding, you are not permitted to bring any soft furnishings or furniture into the Accommodation without prior written permission of Accommodation Services. All such furniture must comply with fire safety regulations You must not modify or decorate the property or the Accommodation. You must not attach items to the walls with bluetac, sellotape or any other means. Any such items should be attached to notice boards. You must not put anything harmful or likely to cause a blockage in any pipes or drains You must report any faults or damage to your Operations team immediately Car Parking & Bicycles You are required to complete a proposal form comply with the car parking regulations (xxxxx://xxx.xxxx.xx.xx/about/getting-here) Bicycles are not permitted to be stored anywhere within the accommodation buildings. There are covered areas available for bicycle storage (you must supply your own lock) close to all accommodation buildings. Smoking & Health and Safety You must not smoke inside any area of the property (including the use of vapour and e- cigarettes).. You are not permitted to have candles or similar documentburning or smouldering materials (such as incense, fireworks, etc.) within the property, whether lit or unlit. The use of humidifiers or any other item that causes steam/water vapour is prohibited in bedrooms 2 Your Responsibilities Smoking & Health and Safety We may remove from the Accommodation any items (used or unused) that belong to you or your Visitors and which we consider (acting reasonably) are dangerous and/or may cause a fire hazard or which we consider constitute a nuisance, subject to giving you prior warning. If we remove an item, we will provide guidance but we are not able notify you of this and confirm who you need to complete the document for you. Disclosure of Information Our objective is to obtain the best product we can identify contact in order to meet recover the item. You will not be able, however, to take the item back to your insurance needsAccommodation. You must familiarise yourself with and observe fire regulations and procedures displayed at the property and within Accommodation Services literature. You must always evacuate the Accommodation and the property on hearing the fire alarm and follow the designated evacuation routes (as indicated in all bedrooms) except during weekly alarm tests. You will not engage in any actions that are likely to impair safety in the property and endanger others in any way. You must ensure all fire doors are closed and unobstructed at all times. You must not tamper with or cover any fire equipment You are permitted to bring electrical items into the Accommodation and property subject to them being safety tested (PAT) prior to arrival. You must immediately report any instance of an infectious or contagious condition or an accident suffered by you or your visitors whilst in the Accommodation or property to Accommodation staff. Security You must leave your Accommodation locked when vacant. Any unauthorised access and entry to other Accommodation in the property or another property is forbidden. You must report any loss of keys or access card to Accommodation Services immediately. In order to make our business relationship work, you must provide complete and accurate information and instructions in a timely manner, so that we can assist you fully. Where you ask us to arrange insurance wholly or mainly for your own business (i.e. any insurance other than a ‘consumer insurance’), you are under a duty to make disclosure of all material circumstances and to make that disclosure in a manner that would be reasonably clear and accessible to a prudent insurer. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulate. A factor or circumstance is “material” if it would influence the judgment of a prudent insurer in deciding whether or not to underwrite the risk and if so, at what premium and on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction in the amount paid in the event of a claim. Even where you purchase (or propose to purchase) loss, a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation to the insurer. We charge will not be responsible for any consequences which may arise from any delayed, inaccurate or incomplete information, or any misrepresentation made by youAccommodation Services for a replacement. Please discuss with us if You agree to pay for the cost of the replacement. You must not give your keys or access card to anyone else for use You must produce a student ID card when requested to do so by University staff. Mail We ask you have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what to agree and abide by the applicable duty Student Mail and Parcels Procedures 2020/21 which are published on the accommodation pages of disclosure isthe University of Stirling website. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements you General You must advise us notify Accommodation Services as soon as possiblepossible of any pending or actual criminal proceedings you are facing. Your reinsurance Contract Although we Should you fail to notify Accommodation Services of any pending or actual criminal proceedings, You are not permitted to keep any pet or animal in the Accommodation or property with the exception of assistance animals. Accommodation Services must have granted prior permission for any assistance animal in residences. You must allow the University at reasonable times to enter the Accommodation for the purpose of inspection, cleaning, maintenance or repair. The University will check try to give you reasonable advance warning of when Accommodation inspections are due to take place, usually by email, but this is not always practicable. You are also required to permit access for the contract documents we send you, you University’s authorised contractors. You are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits purchase of a TV license for any television owned by you and other terms that you require. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim use in the jurisdiction in questionproperty or Accommodation. As we are not lawyers, we do not advise on the legal implications of failure to collect Discipline You and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of your visitors must comply with all relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings Scottish & UK Government regulations in relation to Covid-19 as may apply during the period of the Occupancy Agreement . Students found to be repeatedly ignoring the Covid-19 regulations will be deemed to be in material breach of the terms of the Occupancy Agreement, which may result, at the discretion of the University, in the termination of the Occupancy Agreement and therefore Your right to occupy the Accommodation. You and your claims where this is necessaryvisitors must conduct yourselves in an appropriate manner at all times and comply with the current regulations set out in the University Calendar in particular the Code of Student Discipline contained within Ordinance 2. Any breach of its terms will be 2 Your Responsibilities Discipline deemed to be a breach of the terms of the Occupancy Agreement, which may result in the termination of the Occupancy Agreement and therefore Your right to occupy the Accommodation. You and your visitors must not, in general terms, harass or act in an anti-social manner towards, or to pursue a course of anti-social conduct against any person in the University or in the vicinity of the University. Such people include other students, visitors, those who work or study in the University, agents and contractors.

Appears in 1 contract

Samples: Stirling Accommodation Occupancy Agreement

Your Responsibilities. Proposal Forms For certain classes Charges You must pay the Sessional Charge on the dates You have chosen as set out on your accommodation dashboard. The Sessional Charge for living in the property is set out in your Offer together with the number of insurance instalments chosen by You under the payment plan. The due dates for payments are shown on your accommodation dashboard, and the invoice will be visible once You have arrived in your accommodation. The amount payable on each due date equates to the total charge divided by the number of instalments You choose, it is not a per calendar month charge. If You are in attendance for half or part of a session You will be liable to pay the appropriate amount of the Sessional Charge. You do not have the option to pay by instalments, unless you may be required contact the Accommodation Office in advance of your arrival. All residences are supplied with access to complete a proposal form or similar documentWi-Fi/broadband included in the Sessional Charge. We will provide guidance but we All rental charges are not able inclusive of reasonable usage of utilities, including heat and electricity. If, in the reasonable view of the University, excessive amounts of utilities are used, the University reserve the right to complete the document invoice You for you. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet your insurance needsany additional costs. In order the event of excessive usage You will be notified by Accommodation Services of the excessive usage. You will be charged thereafter for any subsequent excessive use. If you fail to make our business relationship work, occupy the Accommodation you must provide complete and accurate information and instructions in will remain liable for the Sessional Charge until a timely manner, so that we can assist you fullysuitable replacement is found. This liability will last for the whole of the Period of Occupancy if no replacement is found. Where you ask us vacate without informing Accommodation Services or without meeting the required criteria under the Termination clause of this Agreement You will remain liable for the Sessional Charge until a suitable replacement is found. This liability will last for the whole of the Period of Occupancy if no replacement is found. VAT is currently not payable on Sessional Charges. The University reserve the right to arrange insurance wholly or mainly charge VAT at the published rate if it becomes payable during the Period of Occupancy (for your own business example if there is a change in the law). Rent Prepayment (i.e. any insurance other than a ‘consumer insurance’), you are under a duty Postgraduate Students Only) You agree to make disclosure a prepayment of all material circumstances rent to the value of £300.00 during the acceptance process for Accommodation. The £300.00 prepayment will be credited to your rent account and to make that disclosure in a manner that would will be reasonably clear and accessible to a prudent insurerdeducted from the first rent payment due. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulate. A factor or circumstance The rent prepayment is “material” if it would influence the judgment of a prudent insurer in deciding whether or not to underwrite the risk and if so, at what premium and on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction in the amount paid returnable in the event of cancellation by you prior to, or during the period of occupancy, with the exception of international student visa refusals as outlined below. If You are an international student who has been refused a claimvisa, You must notify Accommodation Services immediately and, in any event, before the Commencement Date. Even where Accommodation Services will release You from your obligations once proof of the visa refusal has been provided. If this is after the Commencement Date, Accommodation Services will charge the Sessional Charge as stated, on a pro rata basis, until the date that this proof is received. Induction You agree to complete the online accommodation induction prior to arrival. Inventory You will complete an online inventory form within 7 days of arrival. Any damage found at the Termination Date when compared to the completed inventory will be invoiced to you purchase Student Show Flats If you are allocated Accommodation within a show flat you agree to the common areas within the flat to be available to the potential students and their families on all open days and applicant days and to international agents from time to time The following flats will be dedicated as “show flats” for session 2023/24: Beech Court Flat 2B and Flat 2G Xxxxxx Xxxxxxx Xxxx Level 5 (East) and Flat 5D (West) Xxxxxxxx House Flat 3/2/1 Polwarth House 2/2/1 Fraser of Allander House Flat 1/5/2 and Flat 6/5/2 Xxxx Xxxxx’s Court Flat 4 Pendreich Way Chalet 1 Student Show Rooms If you are allocated a show room within a show flat you agree to your room being available to potential students and their families on at least one open day and at least one applicant day during the Occupancy Period and to international agents from time to time The following bedrooms within the above mentioned flats will be dedicated as “show rooms” for session 2023/24: Beech Court Flat 2B Room 15 Beech Court Flat 2G Room 47 Xxxxxx Xxxxxxx Xxxx Room 5/02E Xxxxxx Xxxxxxx Xxxx Room 5D/02W Xxxxxxxx House Flat 3/2/1 Room 2 Polwarth House Flat 2/2/1 Room 2 Xxxxxx of Allander House Flat 1/5/2 Room 2 Xxxxxx of Allander House Flat 6/5/2 Room 3 Xxxx Xxxxx’s Court Flat 4 Room 4 Pendreich Way Chalet 1 Room 2 If you are allocated to a show room you will be required to vacate your room between 8am and 5pm on the advised dates and your Sessional Charge will be reduced by £30 per open/applicant day used. The monies will be deducted from your final rent instalment In addition to these show rooms for open and applicant days, there will be 2 rooms that will be used throughout the year for viewing by potential students with accessibility requirements. These rooms are: Juniper Court Flat 4E Room 33 X X Xxxxxxxx House Flat 4/5/1 Room 1 The students occupying these rooms will be notified prior to a visit and these visits will only be short (approximately 30 – 60 minutes) The potential students, their families and agents will always be accompanied by a Student Ambassador or propose member of University staff while in the show rooms and show flats. Accommodation Services will provide at least 3 days’ notice of the date that your show room or show flat will be required for this purpose. Accommodation Services will provide additional housekeeping prior to purchasethe events, but we ask that you leave it tidy and presentable. Visitors Residents MUST notify their fellow residents/flatmates if they plan on having an overnight guest and if a fellow resident objects their feelings should be taken into consideration. Visitors (16 years or older) are permitted to share your accommodation for a ‘consumer insurancemaximum of two consecutive nights in any 7 day period This is intended for occasional visitors and not intended to be a regular arrangement. Only one Overnight Visitor is allowed in the entire flat at any time. You are responsible for the behaviour of any person visiting your flat. You must ensure they do not breach this Occupancy Agreement. Visitors are not permitted in Accommodation in the first week of term, during Fresherswhere Week and during the exam periods in December and April/May. Transferring/ Moving Rooms Accommodation transfers will only be considered when all students waiting for Accommodation have been allocated, unless a special case merits the consideration and approval of the Director of Accommodation Services. The case should be submitted in writing to Accommodation Services. You will not be considered for Accommodation transfers if in arrears of rental payments. Under no circumstances are you permitted to move Accommodation without prior agreement from Accommodation Services. An administration fee of £25 per person is payable prior to Accommodation transfer. Where an agreed Accommodation transfer subsequently fails to take place the fee will not be refunded. The University deems the transfer to be complete only once a request to transfer has been agreed, the administration fee payment has been made in full and the new Occupancy Agreement signed. At this duty does time you are eligible to move. The whole terms of this Occupancy Agreement as detailed are transferable to any new allocated Accommodation. Quiet & Alcohol Free If you have expressed a preference for a Quiet/Quiet & Alcohol Free Flat we will do everything we can to accommodate this request. If you are allocated to a Quiet/Quiet & Alcohol Free Flat we will inform you of this by email once you have been sent your accommodation offer. By accepting your accommodation offer, you accept that you will reside in this flat and comply with the definition of Quiet/Quiet & Alcohol Free Flat as noted in this Occupancy Agreement. Family flats You must not applyleave children under the age of twelve in a flat without a supervising adult. You must not leave children under sixteen alone in a flat overnight. Contents & Damage You must ensure your Accommodation/property is kept clean, tidy, and in a hygienic condition and free from an accumulation of refuse. You must leave the shared communal areas in a clean, tidy and hygienic condition. Should the Accommodation or the property be found to be in an unsatisfactory condition, Accommodation Services will be entitled to instruct cleaning of the Accommodation or the property at the expense of the student or students sharing the property. You hereby agree to pay the cost for the said cleaning and give access for cleaning to take place. You will not alter or cause damage to the Accommodation or its furniture nor remove any contents or furnishings detailed on the inventory form. You will meet the cost of making good any damage or loss caused to the Accommodation or its furniture. Other than bedding, you are still legally obliged not permitted to take reasonable care bring any soft furnishings or furniture into the Accommodation without prior written permission of Accommodation Services. All such furniture must comply with fire safety regulations. You must not to make any misrepresentation modify or decorate the property or the Accommodation. You must not attach items to the insurerwalls with blu-tac, sellotape or any other means. Any such items should be attached to notice boards. You must not put anything harmful or likely to cause a blockage in any pipes or drains. You must report any faults or damage to your Operations team immediately. Car Parking & Bicycles You are required to comply with the car parking regulations (xxxxx://xxx.xxxx.xx.xx/about/getting-here/parking). Bicycles are not permitted to be stored anywhere within the accommodation buildings. There are covered areas available for bicycle storage (you must supply your own lock) close to all accommodation buildings. Smoking & Health and Safety You must not smoke inside any area of the property (including the use of vapour and e-cigarettes). You are not permitted to have candles or similar burning or smouldering materials (such as incense, fireworks, etc.) within the property, whether lit or unlit. The use of humidifiers or any other item that causes steam/water vapour is prohibited in bedrooms. We may remove from the Accommodation any items (used or unused) that belong to you or your Visitors and which we consider (acting reasonably) are dangerous and/or may cause a fire hazard or which we consider constitute a nuisance,. If we remove an item, we will notify you of this and confirm who you need to contact in order to recover the item. You will not be responsible able, however, to take the item back to your Accommodation. Examples of items which are not permitted are: washing machines (plumbed in or otherwise), deep fat fryers, fridges or freezers (in bedrooms). This list is not exhaustive, and we reserve the right to remove other items. If you require a fridge for medical purposes this must be approved by Accommodation Services prior to arrival. You must familiarise yourself with and observe fire regulations and procedures displayed at the property and within Accommodation Services literature. You must always evacuate the Accommodation and the property on hearing the fire alarm and follow the designated evacuation routes (as indicated in all bedrooms) except during weekly alarm tests. You will not engage in any consequences actions that are likely to impair safety in the property and endanger others in any way. You must ensure all fire doors are closed and unobstructed at all times. You must not tamper with or cover any fire equipment including, but not limited to, fire blankets, fire extinguishers, smoke and heat detectors. You must immediately report any faults observed in any fire safety fixtures or equipment (e.g. a fire door not closing properly, an expended fire extinguisher). You are permitted to bring personal electrical items into the Accommodation and property subject to them being safety tested (PAT) prior to arrival. Kitchen appliances including but not limited to mini-fridges, airfryers, kettles and toasters are not permitted in bedrooms. Accommodation Services has the right to come into the property to carry out inspections during reasonable times of the day. A minimum of 48 hours’ notice of such access shall generally be given, except in the case of emergency or where we consider (acting reasonably) there may be dangers that may cause a fire hazard or which we consider constitute a nuisance, when a shorter period or no notice may arise from apply. You hereby agree to give such access as required. You must immediately report any delayedinstance of an infectious or contagious condition or an accident suffered by you or your Visitors whilst in the Accommodation or property to Accommodation staff. Security You must leave your Accommodation locked when vacant. Any unauthorised access and entry to other Accommodation in the property or another property is forbidden. You must report any loss of keys or access card to Accommodation Services immediately. In the event of a loss, inaccurate or incomplete information, or any misrepresentation a charge will be made by youAccommodation Services for a replacement. Please discuss with us if You agree to pay for the cost of the replacement. You must not give your keys or access card to anyone else for use. You must produce a student ID card when requested to do so by University staff. Mail We ask you have to agree and abide by the Student Mail and Parcels Procedures 2023/24 which are published on the accommodation pages of the University of Stirling website. You must ensure you are available to personally accept delivery of any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what the applicable duty of disclosure isfood/perishable items. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements you General You must advise us notify Accommodation Services as soon as possiblepossible of any pending or actual criminal proceedings you are facing. Your reinsurance Contract Although we Should you fail to notify Accommodation Services of any pending or actual criminal proceedings, Accommodation Services reserves the right to terminate this Occupancy Agreement in line with Clause 3, Termination. You are not permitted to keep any pet or animal in the Accommodation or property with the exception of assistance animals. Accommodation Services must have granted prior permission for any assistance animal in residences. You must allow the University at reasonable times to enter the Accommodation for the purpose of inspection, cleaning, maintenance or repair. The University will check try to give you reasonable advance warning of when Accommodation inspections are due to take place, usually by email, but this is not always practicable. You are also required to permit access for the contract documents we send you, you University’s authorised contractors. You are responsible for reviewing the purchase of a TV license for any television owned by you and in use in the property or Accommodation. Discipline You and your contract Visitors must conduct yourselves in an appropriate manner at all times and comply with the current regulations set out in the University Calendar in particular the Code of Student Discipline contained within Ordinance 2. Any breach of its terms will be deemed to ensure that it accurately reflects be a breach of the coverterms of the Occupancy Agreement, conditionswhich may result in the termination of the Occupancy Agreement and therefore your right to occupy the Accommodation. You and your Visitors must not, limits and other terms that you require. Particular attention should be paid in general terms, harass or act in an anti-social manner towards, or to pursue a course of anti-social conduct against any contract conditions, warranties and person in the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (University or in some jurisdictionsthe vicinity of the University. Such people include other students, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim Visitors, those who work or study in the jurisdiction in question. As we are not lawyersUniversity, we do not advise on the legal implications of failure to collect agents and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessarycontractors.

Appears in 1 contract

Samples: Terms of Agreement

Your Responsibilities. Proposal Forms For certain classes of insurance you may be required to complete a proposal form or similar document. We will provide guidance but we are not able to complete the document for you. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet your insurance reinsurance needs. In order to make our business relationship work, you must provide complete and accurate information and instructions in a timely manner, so that we can assist you fully. Where you ask us Please bear in mind that there is no duty on reinsurers to arrange insurance wholly or mainly for your own business (i.e. any insurance other than a ‘consumer insurance’)make enquiries of you. Indeed, you are under a duty to make full disclosure of all material circumstances facts and fully and frankly respond to make that disclosure in a manner that would be reasonably clear and accessible to a prudent insurer. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulateany requests for information made by reinsurers. A factor or circumstance is “material” material if it would influence the judgment of a prudent insurer reinsurer in deciding determining premium and whether or not to they would underwrite the risk and if sorisk. Therefore, at what premium and on what termsall information which is material to your coverage requirements or which might influence reinsurers in deciding to accept your business, finalising the terms to apply and/or the cost of cover must be disclosed. Failure to discharge this duty may allow insurers make full disclosure of material facts allows reinsurers to avoid liability for a particular claim or to void the policy (i.e. treat it as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction in the amount paid in the event contract. This duty of a claim. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation to the insurerdisclosure applies equally at renewal of your contracts and on taking out new reinsurance contracts. We will not be responsible for any consequences which may arise from any delayed, inaccurate or incomplete information, or any misrepresentation made by you. Please discuss with us if you have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements you must advise us as soon as possible. Your reinsurance Contract Although we will check the contract documents we send you, you are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits and other terms that you require. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim in the jurisdiction in question. As we are not lawyers, we do not advise on the legal implications of failure to collect and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessary.

Appears in 1 contract

Samples: www.fajs.co.uk

Your Responsibilities. Proposal Forms For certain classes Provisions of insurance you may be instructions, information and completion of any required form To enable us to complete a proposal form or similar document. We will provide guidance but we are not able to complete the document for you. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet fulfil your insurance needs. In order to make our business relationship work, instructions you must provide complete and accurate us with the information and instructions in a timely manner, necessary regarding your insurance contract so that we can assist you fullyunderstand your requirements. Where you ask us to arrange Certain classes of insurance wholly require the completion of a proposal form, questionnaire or mainly equivalent document. You must complete such documents accurately. Whilst we may give guidance regarding the completion of these documents, we cannot sign these documents for your own business (i.e. any you. Duty of disclosure An insurance other than a ‘consumer insurance’), you are under contract is one of utmost good faith. You owe a duty of disclosure to make disclosure insurers and there are potentially severe consequences if you breach this duty. You must disclose to insurers any fact or circumstance which is known to you (or which ought to be known to you in the ordinary course of all your business) and which is material circumstances and to make that disclosure in a manner that would be reasonably clear and accessible to a prudent insurer. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulaterisk. A factor fact or circumstance is “material” deemed to be material if it would influence the judgment judgement of a prudent insurer insurer(s) in deciding calculating the premium or determining whether he would accept the risk. If there is any doubt as to whether information is material, it must be disclosed to insurer(s). This obligation applies before the insurance contract is concluded, during the insurance contract period, at renewal, and upon any extension or amendment to the insurance contract. In addition, this duty also applies to the claims process and to other situations where you are required to provide information to insurers. Should you fail to disclose any material fact or circumstance, insurers may void the insurance contract, enabling insurers not to underwrite pay any outstanding claims and to require repayment of all claims previously paid. You should contact us immediately for assistance if you are unsure whether information may be material, or if it comes to your attention that you may not have disclosed full and accurate information. Check documentation and acceptance of coverage Whilst we will endeavour to ensure the risk accuracy and completeness of the insurance coverage you desire, it is your responsibility to check the documentation we send you in relation to each insurance contract and satisfy yourself that it is entirely in accordance with your understanding and instructions. You should advise us promptly of any incorrect points or changes required. Otherwise, we will assume that the documentation and insurance contract satisfy your requirements. We can only agree to bind an insurance contract on your behalf upon receipt of formal written instructions from you. It is important that you keep your insurance documents safe. Payment terms In order for us to meet an insurer’s premium payment terms in accordance to industry guidelines and regulations i.e. Premiums Payment Framework (“PPF”) for all classes of general insurance (unless exempted) and Binder Billing for all Group Life insurance policies, premiums must be settled to us by the payment date(s) specified in our debit note; failing which your insurance cover shall be automatically terminated and claims put on hold as stipulated per policy terms and conditions. In certain circumstances, insurer(s) will stipulate special premium payment terms which, if not met, may also affect the validity of the insurance contract. We will advise you when these circumstances arise. We are not under any obligation to settle the premium by the payment date(s) to insurer(s) on your behalf until we have received cleared funds from you by the relevant due date. Payment methods Insurance premiums should be settled on an individual debit note or credit note basis. We will issue Statements of Account periodically, if there are monies due to be paid by you. All payments should be made to us in the currency as indicated on the debit note or statement and wherever possible, by electronic transfer. Bank account details will be advised to you. Bank charges (if any) are to be borne by you. Third Party You may authorise a third party to instruct us with regard to the purchase of your insurance. As third party is acting as your agent, we may wish to satisfy ourselves at the outset that they are authorised to act in this capacity but we are under no obligation to do so, at what premium and . We will act on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it all instructions received from your agent as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction we are dealing with you directly and will continue doing so until you notify us in the amount paid in the event of a claim. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation writing to the insurercontrary. It is your responsibility to ensure that any instruction given to us by your agent are correct and to notify us of any limitations in respect of your agent’s authority. We will not be responsible for any consequences which may arise from any delayed, inaccurate or incomplete information, or any misrepresentation made by you. Please discuss with us if you have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements you must advise us as soon as possible. Your reinsurance Contract Although we will check the contract documents we send you, you are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits and other terms that you require. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim in the jurisdiction in question. As we are not lawyers, we do not advise on the legal implications of failure to collect and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessary.for:

Appears in 1 contract

Samples: Terms of Business Agreement

Your Responsibilities. Proposal Forms For certain classes Charges You must pay the Sessional Charge on the dates You have chosen as set out on your accommodation dashboard. The Sessional Charge for living in the property is set out in your Offer together with the number of insurance instalments chosen by You under the payment plan. The due dates for payments are shown on your accommodation dashboard, and the invoice will be visible once You have arrived in your accommodation. If You are in attendance for half or part of a session You will be liable to pay the appropriate amount of the Sessional Charge. You do not have the option to pay by instalments, unless you may be required contact the Accommodation Office in advance of your arrival. All residences are supplied with access to complete a proposal form or similar documentthe University Wi-Fi/broadband network included in the Sessional Charge. We will provide guidance but we All rental charges are not able inclusive of reasonable usage of utilities, including heat and electricity. If, in the reasonable view of the University, excessive amounts of utilities are used, the University reserve the right to complete the document invoice You for you. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet your insurance needsany additional costs. In order the event of excessive usage You will be notified by Accommodation Services of the excessive usage. You will be charged thereafter for any subsequent excessive use. If you fail to make our business relationship work, you must provide complete and accurate information and instructions in occupy the Accommodation. You will remain liable for the Sessional Charge until a timely manner, so that we can assist you fullysuitable replacement is found. This liability will last for the whole of the Period of Occupancy if no replacement is found. Where you ask us vacate without informing Accommodation Services. You will remain liable for the Sessional Charge until a suitable replacement is found. This liability will last for the whole of the Period of Occupancy if no replacement is found. VAT is currently not payable on Sessional Charges. The University reserve the right to arrange insurance wholly or mainly charge VAT at the published rate if it becomes payable during the Period of Occupancy (for your own business example if there is a change in the law). Rent Prepayment (i.e. any insurance other than a ‘consumer insurance’), you are under a duty Postgraduate Students Only) You agree to make disclosure a prepayment of all material circumstances rent to the value of £300.00 during the acceptance process for Accommodation. The £300.00 prepayment will be credited to your rent account and to make that disclosure in a manner that would will be reasonably clear and accessible to a prudent insurerdeducted from the first rent payment due. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulate. A factor or circumstance The rent prepayment is “material” if it would influence the judgment of a prudent insurer in deciding whether or not to underwrite the risk and if so, at what premium and on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction in the amount paid returnable in the event of cancellation by you prior to, or during the period of occupancy, with the exception of international student visa refusals as outlined below. If You are an international student who has been refused a claimvisa, You must notify Accommodation Services immediately and, in any event, before the Commencement Date. Even where Accommodation Services will release You from your obligations once proof of the visa refusal has been provided. If this is after the Commencement Date, Accommodation Services will charge the Sessional Charge as stated, on a pro rata basis, until the date that this proof is received. Induction You agree to complete the online accommodation induction prior to arrival. Inventory You will complete an online inventory form within 7 days of arrival. Any damage found at the Termination Date when compared to the completed inventory will be invoiced to you purchase Student Show Flats If you are allocated Accommodation within a show flat you agree to the common areas within the flat to be available to the potential students and their families on all open days and applicant days and to international agents from time to time The following flats will be dedicated as “show flats” for session 2022/23: Beech Court Flat 2B and Flat 2G Xxxxxx Xxxxxxx Xxxx Level 5 (East) and Flat 5D (West) Xxxxxxxx House Flat 3/2/1 Polwarth House 2/2/1 Fraser of Allander House Flat 1/5/2 and Flat 6/5/2 Xxxx Xxxxx’s Court Flat 4 Pendreich Way Chalet 1 Student Show Rooms If you are allocated a show room within a show flat you agree to your room being available to potential students and their families on at least one open day and at least one applicant day during the Occupancy Period and to international agents from time to time The following bedrooms within the above mentioned flats will be dedicated as “show rooms” for session 2022/2023: Beech Court Flat 2B Room 15 Beech Court Flat 2G Room 47 Xxxxxx Xxxxxxx Xxxx Room 5/02E Xxxxxx Xxxxxxx Xxxx Room 5D/02W Xxxxxxxx House Flat 3/2/1 Room 2 Polwarth House Flat 2/2/1 Room 2 Fraser of Allander House Flat 1/5/2 Room 2 Fraser of Allander House Flat 6/5/2 Room 3 Xxxx Xxxxx’s Court Flat 4 Room 4 Pendreich Way Chalet 1 Room 2 If you are allocated to a show room you will be required to vacate your room between 8am and 5pm on the advised dates and your Sessional Charge will be reduced by £30 per open/applicant day used. The monies will be deducted from your final rent instalment In addition to these show rooms for open and applicant days, there will be 2 rooms that will be used throughout the year for viewing by potential students with accessibility requirements. These rooms are: Juniper Court Flat 4E Room 33 X X Xxxxxxxx House Flat 4/5/1 Room 1 The students occupying these rooms will be notified prior to a visit and these visits will only be short (approximately 30 – 60 minutes) The potential students, their families and agents will always be accompanied by a Student Ambassador or propose member of University staff while in the show rooms and show flats Accommodation Services will provide at least 3 days’ notice of the date that your show room or show flat will be required for this purpose Accommodation Services will provide additional housekeeping prior to purchasethe events, but we ask that you leave it tidy and presentable Visitors Residents MUST notify their fellow residents/flatmates if they plan on having an overnight guest and if a fellow resident objects their feelings should be taken into consideration. Visitors (16 years or older) are permitted to share your accommodation for a ‘consumer insurancemaximum of two consecutive nights in any 7 day period. Only one overnight visitor is allowed at any time. You are responsible for the behaviour of any person visiting your flat. You must ensure they do not breach this Occupancy Agreement. Visitors are not permitted in Accommodation during Fresherswhere Week and during the exam periods in December and April/May. Transferring/ Moving Rooms Accommodation transfers will only be considered when all students waiting for Accommodation have been allocated, unless a special case merits the consideration and approval of the Director of Accommodation Services. The case should be submitted in writing to Accommodation Services. You will not be considered for Accommodation transfers if in arrears of rental payments. Under no circumstances are you permitted to move Accommodation without prior agreement from Accommodation Services. An administration fee of £25 per person is payable prior to Accommodation transfer. Where an agreed Accommodation transfer subsequently fails to take place the fee will not be refunded. The University deems the transfer to be complete only once a request to transfer has been agreed, the administration fee payment has been made in full and the new Occupancy Agreement signed. At this duty does time you are eligible to move. The whole terms of this Occupancy Agreement as detailed are transferable to any new allocated Accommodation. Quiet & Alcohol Free If you have expressed a preference for a Quiet/Quiet & Alcohol Free Flat we will do everything we can to accommodate this request. If you are allocated to a Quiet/Quiet & Alcohol Free Flat we will inform you of this by email once you have been sent your accommodation offer. By accepting your accommodation offer, you accept that you will reside in this flat and comply with the definition of Quiet/Quiet & Alcohol Free Flat as noted in this Occupancy Agreement. Family flats You must not applyleave children under the age of twelve in a flat without a supervising adult You must not leave children under sixteen alone in a flat overnight Contents & Damage You must ensure your Accommodation/property is kept clean, tidy, and in a hygienic condition and free from an accumulation of refuse. You must leave the shared communal areas in a clean, tidy and hygienic condition. Should the Accommodation or the property be found to be in an unsatisfactory condition, Accommodation Services will be entitled to instruct cleaning of the Accommodation or the property at the expense of the student or students sharing the property. You hereby agree to pay the cost for the said cleaning and give access for cleaning to take place. You will not alter or cause damage to the Accommodation or its furniture nor remove any contents or furnishings detailed on the inventory form You will meet the cost of making good any damage or loss caused to the Accommodation or its furniture Other than bedding, you are still legally obliged not permitted to take reasonable care bring any soft furnishings or furniture into the Accommodation without prior written permission of Accommodation Services. All such furniture must comply with fire safety regulations You must not to make any misrepresentation modify or decorate the property or the Accommodation. You must not attach items to the insurerwalls with blu tac, sellotape or any other means. Any such items should be attached to notice boards. You must not put anything harmful or likely to cause a blockage in any pipes or drains You must report any faults or damage to your Operations team immediately Car Parking & Bicycles You are required to comply with the car parking regulations (xxxx.xx.xx/xxxxx/xxxxxxx-xxxx) Bicycles are not permitted to be stored anywhere within the accommodation buildings. There are covered areas available for bicycle storage (you must supply your own lock) close to all accommodation buildings. Smoking & Health and Safety You must not smoke inside any area of the property (including the use of vapour and e-cigarettes). You are not permitted to have candles or similar burning or smouldering materials (such as incense, fireworks, etc.) within the property, whether lit or unlit. The use of humidifiers or any other item that causes steam/water vapour is prohibited in bedrooms We may remove from the Accommodation any items (used or unused) that belong to you or your Visitors and which we consider (acting reasonably) are dangerous and/or may cause a fire hazard or which we consider constitute a nuisance, subject to giving you prior warning. If we remove an item, we will notify you of this and confirm who you need to contact in order to recover the item. You will not be responsible for able, however, to take the item back to your Accommodation. You must familiarise yourself with and observe fire regulations and procedures displayed at the property and within Accommodation Services literature. You must always evacuate the Accommodation and the property on hearing the fire alarm and follow the designated evacuation routes (as indicated in all bedrooms) except during weekly alarm tests. You will not engage in any consequences which may arise from actions that are likely to impair safety in the property and endanger others in any delayedway. You must ensure all fire doors are closed and unobstructed at all times. You must not tamper with or cover any fire equipment You must immediately report any faults observed in any fire safety fixtures or equipment (e.g. a fire door not closing properly, inaccurate an expended fire extinguisher) You are permitted to bring electrical items into the Accommodation and property subject to them being safety tested (PAT) prior to arrival. You must immediately report any instance of an infectious or incomplete informationcontagious condition or an accident suffered by you or your visitors whilst in the Accommodation or property to Accommodation staff. Security You must leave your Accommodation locked when vacant. Any unauthorised access and entry to other Accommodation in the property or another property is forbidden. You must report any loss of keys or access card to Accommodation Services immediately. In the event of a loss, or any misrepresentation a charge will be made by youAccommodation Services for a replacement. Please discuss with us if You agree to pay for the cost of the replacement. You must not give your keys or access card to anyone else for use You must produce a student ID card when requested to do so by University staff. Mail We ask you have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what to agree and abide by the applicable duty Student Mail and Parcels Procedures 2022/23 which are published on the accommodation pages of disclosure isthe University of Stirling website. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements you General You must advise us notify Accommodation Services as soon as possiblepossible of any pending or actual criminal proceedings you are facing. Your reinsurance Contract Although we Should you fail to notify Accommodation Services of any pending or actual criminal proceedings, Accommodation Services reserves the right to terminate this Occupancy Agreement in line with Clause 3, Termination You are not permitted to keep any pet or animal in the Accommodation or property with the exception of assistance animals. Accommodation Services must have granted prior permission for any assistance animal in residences. You must allow the University at reasonable times to enter the Accommodation for the purpose of inspection, cleaning, maintenance or repair. The University will check try to give you reasonable advance warning of when Accommodation inspections are due to take place, usually by email, but this is not always practicable. You are also required to permit access for the contract documents we send you, you University’s authorised contractors. You are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits purchase of a TV license for any television owned by you and other terms that you require. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim use in the jurisdiction in question. As we are not lawyers, we do not advise on the legal implications of failure to collect and we will not commence legal proceedings property or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessaryAccommodation.

Appears in 1 contract

Samples: Terms of Agreement

Your Responsibilities. Proposal Forms For certain classes In order for us to be able to provide you with the Services, you: (i) must act at all times with utmost good faith towards your insurer or prospective insurer, which as a minimum requires you to act honestly toward your insurer and to not mislead or withhold information that is relevant to the insured risks; (ii) acknowledge that you have a duty of insurance disclosure to your insurer and you must, on an ongoing basis, provide us with all material facts relating to the Policies that we arrange or seek to arrange on your behalf. Material facts are those that would influence an insurer when they are deciding whether to accept the risk, and the terms and conditions that will apply if they do so. Failure to provide full and accurate information may mean that your cover is reduced, cancelled, or if the non- disclosure is fraudulent, the insurer may be required able to cancel the contract from the very beginning. If you are in any doubt as to what facts are considered to be material, you should disclose them to us. You must provide accurate, complete a proposal and timely information to us. You are responsible for all information you provide in any proposal, claim form or similar other document. We will provide guidance but we are not able responsible for checking the accuracy or completeness of any information you provide to complete the document for you. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet your insurance needs. In order to make our business relationship work, you must provide complete and accurate information and instructions in a timely manner, so that we can assist you fully. Where you ask us to arrange insurance wholly or mainly for your own business (i.e. any insurance other than a ‘consumer insurance’), you are under a duty to make disclosure of all material circumstances and to make that disclosure in a manner that would be reasonably clear and accessible to a prudent insurer. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulate. A factor or circumstance is “material” if it would influence the judgment of a prudent insurer in deciding whether or not to underwrite the risk and if so, at what premium and on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction in the amount paid in the event of a claim. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation to the insurer. We will not be responsible for any consequences which may arise consequence resulting from a failure by you to disclose all material facts to an insurer (including, without limitation, the possibility of your insurance policies being rendered void or limited). If you want to vary any delayedinsurance e.g., inaccurate by increasing the sum insured or incomplete informationadding other property, or you must provide us with details of the changes you require and any misrepresentation made by other information you need to disclose to insurers. Any adjustment to the premium will be advised to you. Please discuss with us if you have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements you You must advise us or your insurers as soon as possibleis reasonably practicable of an event or circumstance that may give rise to a claim or potential claim under your Policy/Policies. Your reinsurance Contract Although we If you do not inform us or your insurers of such a claim or potential claim you may prejudice your rights under your Policy/Policies. You will check the contract documents we send yoube advised if you need to complete a claim form or produce documentation to support your claim. After receiving your insurance documents, you are responsible for reviewing must check them and advise us promptly of anything that does not meet your contract to ensure that it accurately reflects the cover, conditions, limits and other terms that you requirerequirements. Particular attention Any errors or issues should be paid notified to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally You must pay the case that claims may become unenforceable by way of legal proceedings (or premium(s), any statutory charges, government levies, taxes, GST and fees when due as set out in some jurisdictions, completely extinguished) if they agreed terms. We are not pursued by legal proceedings commenced within obliged to send reminders to you if your premium is not paid on time although we may do so. You must notify us promptly of any change of address or contact details. We may send all communications to you at the relevant limitation period applying last address that you notified to your claim in the jurisdiction in question. As we are not lawyers, we do not advise on the legal implications of failure to collect and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessaryus formally.

Appears in 1 contract

Samples: Foundation Advice Terms of Use

Your Responsibilities. Proposal Forms For certain classes of insurance reinsurance you may be required to complete a proposal form or similar document. We will provide guidance but we are not able to complete the document for you. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet your insurance reinsurance needs. In order to make our business relationship work, you must provide complete and accurate information and instructions in a timely manner, so that we can assist you fully. Where you ask us Please bear in mind that there is no duty on reinsurers to arrange insurance wholly or mainly for your own business (i.e. any insurance other than a ‘consumer insurance’)make enquiries of you. Indeed, you are under a duty to make full disclosure of all material circumstances facts and fully and frankly respond to make that disclosure in a manner that would be reasonably clear and accessible to a prudent insurer. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulateany requests for information made by reinsurers. A factor or circumstance is “material” material if it would influence the judgment of a prudent insurer reinsurer in deciding determining premium and whether or not to they would underwrite the risk and if sorisk. Therefore, at what premium and on what termsall information which is material to your coverage requirements or which might influence reinsurers in deciding to accept your business, finalising the terms to apply and/or the cost of cover must be disclosed. Failure to discharge this duty may allow insurers make full disclosure of material facts allows reinsurers to avoid liability for a particular claim or to void the policy (i.e. treat it as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction in the amount paid in the event contract. This duty of a claim. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation to the insurerdisclosure applies equally at renewal of your contracts and on taking out new reinsurance contracts. We will not be responsible for any consequences which may arise from any delayed, inaccurate or incomplete information, or any misrepresentation made by you. Please discuss with us if you have any doubts about what is material or have any concerns that we may not have material information, information or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If We will work on the assumption that you have any concerns full authority to supply us with any insurers chosen all such information in the manner and for your reinsurance requirements the purposes contemplated by this Agreement, but you must should advise us as soon as possible. Your reinsurance Contract Although we will check immediately should that not be the contract documents we send you, you are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits and other terms that you require. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim in the jurisdiction in question. As we are not lawyers, we do not advise on the legal implications of failure to collect and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessarycase.

Appears in 1 contract

Samples: www.wtwco.com

Your Responsibilities. Proposal Forms For certain classes of insurance you may be required to complete a All answers on proposal form forms or similar documentany other document or statement made are your responsibility. We will provide guidance but we  You are not able to complete the document responsible for you. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet your insurance needs. In order to make our business relationship work, you must provide providing complete and accurate information which insurers require in connection with any proposal for insurance cover. This is particularly important before taking out a policy or at renewal but it also applies throughout the life of the policy.  If you fail to disclose any material information to the insurance company, this could invalidate the policy and instructions in a timely manner, so mean that we can assist claims may not be paid.  You should check all details on any proposal form or Statement of Facts and pay particular attention to any declaration you fullymay be asked to sign. Where  You should read all insurance documents issued to you ask us to arrange insurance wholly or mainly for your own business (i.e. any insurance other than a ‘consumer insurance’), and ensure that you are under a duty to make disclosure aware of all material circumstances and to make that disclosure in a manner that would be reasonably clear and accessible to a prudent insurer. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulate. A factor or circumstance is “material” if it would influence the judgment of a prudent insurer in deciding whether or not to underwrite the risk and if so, at what premium and on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction in the amount paid in the event of a claim. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation to the insurer. We will not be responsible for any consequences which may arise from any delayed, inaccurate or incomplete information, or any misrepresentation made by you. Please discuss with us if you have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements you must advise us as soon as possible. Your reinsurance Contract Although we will check the contract documents we send you, you are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits and other terms that you requireapply. Particular  You should pay particular attention should be paid to any contract conditions, warranties and the claims notification provisions conditions as failure to comply may with them could invalidate your coveragepolicy.  You should inform us immediately of any changes in circumstances that may affect the services provided by us or the cover provided by your policy. We strongly advise you to retain copies of all correspondence that you send us, for your own protection. Money Laundering Where we are required to verify your identity in accordance with the FCA rules, no investment will be made until such verification has been obtained. If there the required verification is not forthcoming within a reasonable period, we will be unable to arrange any investments for you. We may use and search the records of credit reference or fraud prevention agencies to check your identity to satisfy the requirements of the UK Money Laundering Regulation 2007, Proceeds of Crime Xxx 0000 (as amended), the Terrorism Xxx 0000, the Anti-terrorism, Crime and Security Xxx 0000 and FCA rules. Such searches will not affect your credit rating, although they can be seen by anyone reviewing your credit report in the future. By signing this agreement you are any discrepancies consenting to Lighthouse Advisory Services Limited validating your personal identification and address via these means. Please inform us if this is not acceptable. Privacy Notice Your personal data will be processed by Lighthouse Financial Advice Limited and Lighthouse Advisory Services Limited, which are part of Lighthouse Group plc (the "Group"). This privacy notice is to let you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced know how companies within the relevant limitation period applying Group will look after your personal data. This includes what you tell us about yourself, what we learn by having you as a customer, and the choices you give us about what marketing information you want us to your claim in the jurisdiction in questionsend you. As we are not lawyers, This notice explains how we do this and tells you about your privacy rights and how the law protects you. Data Protection law says that we can only use personal data if we have a proper reason to do so. This includes sharing it outside Lighthouse Group plc. For example (and as described in more detail below) in different scenarios the following reasons may justify our processing of your data:  To fulfil a contract we have with you, or  When it is our legal duty, or  When it is in our legitimate business or commercial interest (provided that our legitimate interest is not advise on the legal implications of failure overridden by your rights), or  When you consent to collect and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessaryit.

Appears in 1 contract

Samples: Client Agreement

Your Responsibilities. Proposal Forms For certain classes Provisions of insurance you may be instructions, information and completion of any required form To enable us to complete a proposal form or similar document. We will provide guidance but we are not able to complete the document for you. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet fulfil your insurance needs. In order to make our business relationship work, instructions you must provide complete and accurate us with the information and instructions in a timely manner, necessary regarding your insurance contract so that we can assist you fullyunderstand your requirements. Where you ask us to arrange Certain classes of insurance wholly require the completion of a proposal form, questionnaire or mainly equivalent document. You must complete such documents accurately. Whilst we may give guidance regarding thecompletion of these documents, we cannot sign these documents for your own business (i.e. any you. Duty of disclosure An insurance other than a ‘consumer insurance’), you are under contract is one of utmost good faith. You owe a duty of disclosure to make disclosure insurers and there are potentially severe consequences if you breach this duty. You must disclose to insurers any fact or circumstance which is known to you (or which ought to be known to you in the ordinary course of all your business) and which is material circumstances and to make that disclosure in a manner that would be reasonably clear and accessible to a prudent insurer. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulaterisk. A factor fact or circumstance is “material” deemed to be material if it would influence the judgment judgement of a prudent insurer insurer(s) in deciding calculating the premium or determining whether he would accept the risk. If there is any doubt as to whether information is material, it must be disclosed to insurer(s). This obligation applies before the insurance contract is concluded, during the insurance contract period, at renewal, and upon any extension or amendment to the insurance contract. In addition, this duty also applies to the claims process and to other situations where you are required to provide information to insurers. Should you fail to disclose any material fact or circumstance, insurers may void the insurance contract, enabling insurers not to underwrite pay any outstanding claims and to require repayment of all claims previously paid. You should contact us immediately for assistance if you are unsure whether information may be material, or if it comes to your attention that you may not have disclosed full and accurate information. Check documentation and acceptance of coverage Whilst we will endeavour to ensure the risk accuracy and completeness of the insurance coverage you desire, it is your responsibility to check the documentation we send you in relation to each insurance contract and satisfy yourself that it is entirely in accordance with your understanding and instructions. You should advise us promptly of any incorrect points or changes required. Otherwise, we will assume that the documentation and insurance contract satisfy your requirements. We can only agree to bind an insurance contract on your behalf upon receipt of formal written instructions from you. It is important that you keep your insurance documents safe. Payment terms In order for us to meet an insurer’s premium payment terms in accordance to industry guidelines and regulations i.e. Premiums Payment Framework (“PPF”) for all classes of general insurance (unless exempted) and Binder Billing for all Group Life insurance policies, premiums must be settled to us by the payment date(s) specified in our debit note; failing which your insurance cover shall be automatically terminated and claims put on hold as stipulated per policy terms and conditions. In certain circumstances, insurer(s) will stipulate special premium payment terms which, if not met, may also affect the validity of the insurance contract. We will advise you when these circumstances arise. We are not under any obligation to settle the premium by the payment date(s) to insurer(s) on your behalf until we have received cleared funds from you by the relevant due date. Payment methods Insurance premiums should be settled on an individual debit note or credit note basis. We will issue Statements of Account periodically, if there are monies due to be paid by you. All payments should be made to us in the currency as indicated on the debit note or statement and wherever possible, by electronic transfer. Bank account details will be advised to you. Bank charges (if any) are to be borne by you. Third Party You may authorise a third party to instruct us with regard to the purchase of your insurance. As third party is acting as your agent, we may wish to satisfy ourselves at the outset that they are authorised to act in this capacity but we are under no obligation to do so, at what premium and . We will act on what terms. Failure to discharge this duty may allow insurers to avoid the policy (i.e. treat it all instructions received from your agent as if it had never existed) or amend the terms that apply which may lead to a claim being refused or a reduction we are dealing with you directly and will continue doing so until you notify us in the amount paid in the event of a claim. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation writing to the insurercontrary. It is your responsibility to ensure that any instruction given to us by your agent are correct and to notify us of any limitations in respect of your agent’s authority. We will not be responsible for any consequences which may arise from any delayed, inaccurate or incomplete information, or any misrepresentation made by you. Please discuss with us if you have any doubts about what is material or have any concerns that we may not have material information, or have any doubt about what the applicable duty of disclosure is. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements you must advise us as soon as possible. Your reinsurance Contract Although we will check the contract documents we send you, you are responsible for reviewing your contract to ensure that it accurately reflects the cover, conditions, limits and other terms that you require. Particular attention should be paid to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim in the jurisdiction in question. As we are not lawyers, we do not advise on the legal implications of failure to collect and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessary.for:

Appears in 1 contract

Samples: Terms of Business Agreement

Your Responsibilities. Proposal Forms For certain classes Provisions of insurance you may be instructions, information and completion of any required form To enable us to complete a proposal form or similar document. We will provide guidance but we are not able to complete the document for you. Disclosure of Information Our objective is to obtain the best product we can identify in order to meet fulfill your insurance needs. In order to make our business relationship work, instructions you must provide complete and accurate us with the information and instructions in a timely manner, necessary regarding your insurance or employee benefits contracts so that we can assist you fullyunderstand your requirements. Where you ask us Certain classes of insurance require the completion of a proposal form, questionnaire or equivalent document. You must complete such documents accurately. Whilst we may give guidance regarding thecompletion of these documents, we cannot sign these documents for you. Duty of fair presentation An insurance contract is one of the utmost good faith. You owe a legal duty to arrange insurance wholly or mainly for your own business (i.e. any insurance other than make a ‘consumer insurance’), you are under fair presentation of the risk to the insurer. You have a duty to make disclosure of all disclose to the insurer every material circumstances and circumstance which you know or ought to know after a reasonable search or which is sufficient to put the insurer on notice that it needs to make that disclosure further enquiries for the purpose of revealing those material circumstances. In addition, you have a duty to disclose information in a manner that would be reasonably clear and accessible to a prudent insurer. This duty applies equally at placement, renewal, alterations and where the insurance contract conditions so stipulatemanner. A factor or circumstance is “material” material if it would influence the judgment of a prudent insurer insurer’s judgment in deciding determining whether or not to underwrite the risk and and, if so, at what premium and on what terms. Failure to discharge this duty disclose a material circumstance may allow insurers to entitle an insurer to:  in some circumstances, avoid the policy (i.e. treat from inception and in this event any claims under the policy would not be paid;  impose different terms on your cover; and/or  proportionately reduce the amount of any claim payable.  This duty applies:  before your cover is placed;  when it as is renewed; and  at any time that it is varied. Your policy wording may also provide that this duty continues for the duration of the policy. You should contact us immediately for assistance if you are unsure whether information may be material, or if it had never existed) comes to your attention that you may have not disclosed full and accurate information. Check documentation and acceptance of coverage It is your responsibility to check the documentation we send you, or amend the insurer or employee benefits provider sends you directly, in relation to each insurance or employee benefits contract and satisfy yourself that it is entirely in accordance with your understanding and instructions. You should advise us promptly of any incorrect points or changes required. Otherwise, we will assume that the documentation and insurance or employee benefits contract satisfy your requirements. It is important that you keep your insurance documents safe and that you comply with your policy terms that apply which and conditions as failure to do so may lead entitle the insurer to delay or decline a claim being refused or a reduction in the amount paid in the event of a claim. Even where you purchase (or propose to purchase) a ‘consumer insurance’ where this duty does not apply, you are still legally obliged to take reasonable care not to make any misrepresentation to the insurer. We will not be responsible for any consequences which may arise from any delayed, inaccurate or incomplete information, or any misrepresentation made by youunder your policy. Please discuss with refer to us if you have any doubts about what queries. Payment of insurance premiums You are required to pay the amount of any insurance premiums directly to the insurer named by us in the relevant payment documentation in cleared funds to ensure that settlement is material HEBW Corporate Client Agreement June 2021 v1.0 CLA Client Agreement – v1.0 June 2021 made on or have before the payment date. Failure to meet the payment date may lead to insurers cancelling your policy, particularly where payment is a condition or warranty of a policy. We are under no obligation to pay insurance premiums to insurers on your behalf by the payment date. Insurance contract warranties and subjectivities It is important that you are clear and understand all the terms of any concerns insurance contract that we provide to you. It is also important that you treat all warranties seriously and comply strictly with them. Failure to do so may not have material information, or have any doubt about what entitle the applicable duty of disclosure isinsurer to decline a claim under the policy. Choice of reinsurers If you have any concerns with any insurers chosen for your reinsurance requirements are aware that you must advise are in breach of a warranty, you should keep a record of when the breach occurred and when the breach was remedied. You should always remedy a breach as quickly as possible. If the breach is not capable of remedy, you should tell us as soon as possible. Your reinsurance Contract Although we will check If you have any doubts or reservations, you should tell us. A subjectivity in your insurance contract may lead to the contract documents we send you, being invalidated or coverage prejudiced if the subjectivity remains outstanding. It is very important that you are responsible for reviewing your contract to ensure promptly satisfy any subjectivity so that it accurately reflects the cover, conditions, limits and other terms that you require. Particular attention should can be paid to any contract conditions, warranties and the claims notification provisions as failure to comply may invalidate your coverage. If there are any discrepancies you should consult us immediately. Claims It is generally the case that claims may become unenforceable by way of legal proceedings (or in some jurisdictions, completely extinguished) if they are not pursued by legal proceedings commenced within the relevant limitation period applying to your claim in the jurisdiction in question. As we are not lawyers, we do not advise on the legal implications of failure to collect and we will not commence legal proceedings or enter into standstill/tolling agreements in order to suspend the application of relevant limitation periods on your behalf. On these issues we recommend you take your own legal advice. It therefore remains your responsibility to monitor the position on limitation periods applying to your claims and to commence legal proceedings in relation to your claims where this is necessaryremoved.

Appears in 1 contract

Samples: Client Agreement

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