Common use of The Financial Conduct Authority Clause in Contracts

The Financial Conduct Authority. Creative Risk Solutions Ltd is authorised and regulated by the Financial Conduct Authority (FCA), which is an independent body established by the UK Government to regulate the financial services industry. Our registration number is 464390. Our permitted business area is arranging and advising on non-investment insurance contracts. This information can be checked on the Financial Services Register or by contacting the FCA on 0845 606 1234 Our Service Creative Risk Solutions Ltd will: Act fairly and reasonably when dealing with our clients Make sure that information provided is clear, fair and not misleading Give adequate explanation to enable clients to make informed decisions Ensure our service meets FCA requirements Handle claims and complaints fairly and promptly Identify and deal with conflicts of interest in accordance with our established procedures Explaining our service In arranging general insurance, we act on your behalf as an independent insurance intermediary and act as your agent. We are subject to the law of agency, which imposes various duties on us. However, in certain circumstances we may act for and owe duties of care to other parties. We will advise you when these circumstances occur so you will be aware of any possible conflict of interest. In relation to the general insurance products we offer, we may provide advice, or information: On the basis of a fair analysis of the market; or From a limited number of insurers; or From a single insurer. Where we offer products from a limited range of insurers, or a single insurer, we will advise you and if asked we will provide you with a list of the insurer(s). We will advise and make a recommendation for you after we have assessed your demands and needs. This will include the type of cover you seek together with the costs. This statement may be incorporated within other insurance documentation. If you request or require immediate cover, we can give you this information orally, however, we will still provide you with the statement immediately after conclusion of the insurance contract. Upon receipt of your instructions we will place insurance with your chosen insurers and keep you informed of the progress of our negotiations. We will assist you in the administration of your insurance contracts or as otherwise separately agreed in writing. We will explain to you the main features of your insurance contracts. In accordance with your instructions we will renew your insurance contracts. We check the financial strength of the insurers with whom we place business by reference to appropriate published Insurer Credit Ratings. However, it should be noted that the claims-paying ability of even the strongest insurers can be affected by adverse business conditions. Therefore, we cannot guarantee the solvency of any insurer or underwriter We will advise you of any inability to place your insurance. These are our core services. At your request, you may speak to a Chartered Insurance Broker. Our Remuneration We are usually remunerated by brokerage, which is a percentage of the insurance premium paid by you and allowed by the Insurer with whom the insurance is placed. Alternatively, we may act on your behalf for a fee, which will be disclosed to you before the policy is concluded. This may be instead of or in addition to any brokerage payable. Where we act for a fee, unless otherwise agreed with you, this will normally relate to the initial placing of the insurance and subsequent maintenance of the policy until renewal. Should you request a material mid-term adjustment or series of adjustments to your insurance or an exceptional claim incident occurs we may seek to negotiate an additional fee with you at the time. In addition to client fees and/or brokerage payments we may receive remuneration from insurers reflecting the aggregated income and or profitability of our entire account with them. In all such circumstances, our duty to act in the best possible interests of our customers remains paramount. In addition to brokerage or an agreed fee basis of remuneration we may also receive benefit from income that is receivable from premium financing companies calculated by reference to the total volume of premiums financed. We will, if requested, disclose the amount of any commission being earned. If the exact amount cannot be confirmed, the basis for calculating such figures will be disclosed. Brokerage commissions and fees for bringing about or arranging the insurance are considered fully earned when the insurance incepts, irrespective of when the premium for the insurance is payable to the Insurers and/or when any fees/commissions are payable to us. Fees/commissions are not refundable in the event of return premiums being allowed by Insurers after inception of the policy be that through cancellation, early termination of the policy or any other reason. Payment methods and credit terms We normally accept payment by bank transfer, cheque, debit or credit card. However, you may also be able to spread your payments through instalments or a credit scheme. There will usually be a charge for paying by instalments and full details will be provided if you select this option All policy premiums are to be paid by inception or renewal date unless specifically agreed in writing by us. All premiums paid to us, together with any premiums returned to us by insurers, are held by us in a separate Non-Statutory Trust account designated as a client account in accordance with FCA rules. A copy of the Deed of Trust is available on request In most cases, our financial arrangements with insurance companies are on a ‘risk transfer’ basis, which means that we hold premiums and refunds on behalf of the insurer i.e. the risk is transferred to the insurer and the premium is deemed to be in the insurer’s possession. You will be notified in cases where ‘risk transfer’ does not apply In the case of some transactions, client money may pass through other authorised intermediaries before the insurer receives it No interest will be paid to clients in respect of money held in client accounts In dealing with us, you agree to our holding client money in this way Failure to comply with our credit terms may invalidate your insurance Duty of disclosure to Insurers and The Insurance Act 2015 Your insurance is based upon the information provided to the insurance company. Under the terms of the Act, before a contract of insurance is entered into you must make to an insurer a fair presentation of the risk – a fair presentation of the risk is one in which the information must be presented in a way which would be reasonably clear and accessible to a prudent insurer. A fair presentation of the risk requires clear and accessible disclosure, without material misrepresentation, of every material circumstance which the insured knows/ought to know; Or, failing that, sufficient information to put a prudent insurer on notice that it needs to make further enquiries to reveal those material circumstances What must actively be disclosed: Knowledge of senior management; knowledge of the insurance team (including broker); information which would be revealed by a reasonable search. Insurer remedies for breach: If the breach was deliberate or reckless, the insurer can avoid the contract from inception and can keep the premium. The insurer must prove that the breach was deliberate or reckless. If the breach was not deliberate or reckless, then there are a number of options available to the insurer if they wish to impose a remedy. More than one remedy can be applied - the insurer must show that they would have acted in that way if the breach of duty had not occurred. If the insurer would not have written the risk if it had known the information which has come to light, then it can avoid the contract but it has to repay the premium. If the insurer would have charged a higher premium, then it can proportionately reduce any claims payments. If the insurer would have included new terms, or imposed different terms other than with respect to premium such as conditions / warranties, exclusions, different extensions, sub-limits etc., the contract is to be treated as if it had been entered into on those terms. Unless you are a Consumer (an individual buying insurance wholly or mainly for purposes unrelated to your trade, business or profession) you must disclose to insurers, before the setting up or renewal of your contract is concluded, any fact or circumstance which is known to you (or which after enquiry ought to be known to you) and which is material to the risk. A fact or circumstance is material if it would influence the judgement of an insurer in fixing the premium, setting the terms or determining whether they would take the risk. If you are uncertain whether a fact is material, you should disclose it. If you are a Consumer you must take reasonable care to answer all questions fully and accurately. Once cover has been arranged, you must immediately notify us of any changes to the information that has been provided to your insurers. Material Facts are matters or information which may influence your insurer as to the acceptability or otherwise of your risk and the terms your insurer may require. They must be disclosed at the earliest opportunity and certainly at each renewal and also throughout the life of a policy. If you are in any doubt as to whether any information constitutes a Material Fact, you must disclose it to us or your insurer. If any document is completed in whole or in part on your behalf, it is your responsibility to check that the answers given are true and complete. You are advised to keep copies of any correspondence or documentation sent to us for your own protection. Please do consult us if you are in doubt on any aspect. All statements and facts disclosed on proposal forms, statement of facts, claim forms and other documents must, to the best of your ability, be full, true and accurate. Where forms are completed on your behalf you must check them for accuracy and completeness before signing them. You must always read the declaration and make sure you understand it before you sign. It is important that you understand that any information, statement or answer provided by you, to us or your insurer, is your responsibility and must be correct. Your attention is particularly drawn to the importance of the declaration and signature on any insurers’ proposal form or Statement of Fact as any failure to disclose facts material to the insurance or any inaccuracies in your answer may invalidate your insurance cover in part or in its entirety. Awareness of Policy Terms When a policy is issued you should read it carefully, as it is that document including the schedule and any certificate of insurance that is the basis of the insurance contract you have purchased. You should keep all policy documents for as long as a claim is possible under the policy. If you are in doubt over any of the policy terms or conditions, please seek our advice promptly. In particular, please watch for and be totally aware of any exclusions and/or warranties which have been applied to your insurance, as failure to comply with them may invalidate your cover Renewal We will contact you well in advance of renewal to discuss your requirements. If your premium is payable by monthly Direct Debit, we may (but accept no responsibility to) renew your policy automatically for your protection. Your new monthly payment will be collected on the usual due date. However, if you do not wish to renew, please tell us at least 7 days prior to renewal date Cancellation Your insurance contract may include a cancellation clause. A cancellation clause is mandatory for retail policies. You should make any request for the cancellation of a policy in writing and any relevant Certificate of Insurance should be returned to us or to the insurer concerned if required to do so. In the event of cancellation, charges for our services will apply in accordance with the Tariff of Fees attached. The terms of your policy may allow insurers to retain the premium in full or to charge short period premiums in the event of cancellation. Time on Risk / Short Period Charges If you cancel your insurance in the first year with a new insurer it is very likely that they will charge what is known as short period rates. This will mean that the percentage of premium charged will be greater than the percentage of lapsed time. You should ensure that you understand the total charge being made before you cancel any existing insurance policy. Minimum and Deposit Some classes of business require minimum & deposit premiums. This means that the amount charged is the minimum premium underwriters will accept for the risk and there will be no return premium for early cancellation. It also means that whilst these policies are adjustable and additional premiums may be payable no return premium is allowed below the specific minimum & deposit.

Appears in 1 contract

Samples: Risk Solutions

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The Financial Conduct Authority. Creative Risk Solutions Ltd T H March & Co Limited trading as T H March Insurance Broker is authorised and regulated by the Financial Conduct Authority (FCA), which is an independent body established by the UK Government to regulate the financial services industry. Our registration FCA Register number is 464390308811. Our permitted business area is arranging introducing, advising, arranging, dealing as agent, assisting in the administration and advising on non-investment performance of general insurance contracts, and credit broking (including supplementary debt- related administration) in relation to insurance facilities. This information can be checked You may check this on the Financial Services Register by visiting the FCA website, xxxxx://xxxxxxxx.xxx.xxx.xx/ or by contacting the FCA on 0845 606 1234 0800 111 6768. OUR SERVICE Our Service Creative Risk Solutions Ltd will: Act fairly role is to advise you and reasonably when dealing with our clients Make sure that information provided is clearmake a suitable recommendation after we have assessed your needs, fair to arrange insurance as agreed, and to represent your interests to insurers in the event of a claim as described below. If we arrange insurance for you but do not misleading Give adequate explanation to enable clients to make informed decisions Ensure our service meets FCA requirements Handle claims and complaints fairly and promptly Identify and deal with conflicts of interest in accordance with our established procedures Explaining our service In arranging general insuranceoffer advice, we act on your behalf as an independent insurance intermediary and act as your agentshall confirm this to you in writing. It is our policy to treat our customers fairly at all times. If you receive documentation electronically, you have the right to request a paper copy. When carrying out our role, we will be representing you unless we advise you in writing to the contrary. We are subject not under a contractual obligation to the law of agency, which imposes various duties on usdeal with a particular insurer. However, in certain circumstances If we may act for and owe duties of care to other parties. We will advise you when these circumstances occur so you will be aware of any possible conflict of interest. In relation to the general insurance products we offer, we may provide advice, or information: On the basis of carry out a fair and personal analysis of the market; or From , we will inform you. If we do not undertake a limited number fair and personal analysis of insurers; or From a single insurer. Where the market, we offer may either select insurance products from a limited range of insurers, insurers or a single insurer, which may vary according to the type of insurance. If we select from a limited number we will inform you of the names of the other insurers with whom we may and do transact business. If we deal with a single insurer we will advise you of this. If considered appropriate and if asked for your benefit, we may use other insurance intermediaries to help us meet your insurance needs. We may recommend certain products that are branded in the name of T H March. Each of these is specially negotiated with a particular insurer. These and some other products will be placed by us utilising binding authorities. In these circumstances we may be responsible for policy issue and some aspects of administration and claim settlement, in accordance with procedures and limits set by insurers and subject to their rigorous audit and control. When recommending these products we will provide continue to place your interests above all other considerations, but if that is not possible we will advise you with a list of the insurer(sconflict of interest. If you wish to use premium finance to spread your premium payment, we will be acting as a credit broker. For any insurance placed at Lloyd’s of London, we only offer finance facilities with Premium Credit Ltd (PCL), an insurance premium finance company. If you require premium finance for insurance that we do not place at Lloyd’s of London, we will arrange the premium finance with either PCL or the insurer’s own finance arrangements, depending on which option is the most cost- effective for you and/or meets your requirements for financing your premium(s). We will advise and make a recommendation for you after we have assessed your demands and needs. This will include not offer advice on the type of cover you seek together with the costs. This statement may be incorporated within other insurance documentation. If you request or require immediate cover, we can give you this information orally, however, we will still provide you with the statement immediately after conclusion suitability of the insurance contract. Upon receipt of your instructions we will place insurance with your chosen insurers and keep you informed of the progress of our negotiationsfinance. We will assist you not in the administration of your insurance contracts any circumstances act as an insurer, nor guarantee or as otherwise separately agreed in writing. We will explain to you the main features of your insurance contracts. In accordance with your instructions we will renew your insurance contracts. We check the financial strength of the insurers with whom we place business by reference to appropriate published Insurer Credit Ratings. However, it should be noted that the claims-paying ability of even the strongest insurers can be affected by adverse business conditions. Therefore, we cannot guarantee warrant the solvency of any insurer or underwriter finance provider. A liability for the premium, whether in full or pro rata, may arise under policies where a participating insurer becomes insolvent. CLAIMS HANDLING ARRANGEMENTS You must advise us immediately of all incidents, accidents or omissions, which may result in a claim against your insurance policy. You must do this whether or not you believe there is a liability on your part to other parties. Any correspondence received by you concerning liability or potential liability to others must be passed to us immediately without acknowledgement. Providing prompt information on incidents or accidents means that your insurers can take any steps that are necessary to protect your interests; failure to do so may cause problems when handling your claim. Your insurance document gives details of whom to contact in the event of a claim. You must provide us with full details of your claim and we are likely to ask you to complete a claim form to pass to the insurer. We will advise you of any inability to place your insurance. These are our core services. At your request, you may speak to a Chartered Insurance Broker. Our Remuneration We are usually remunerated by brokerage, which is a percentage of the insurance premium paid by you employ due care and allowed by the Insurer with whom the insurance is placed. Alternatively, skill if we may act on your behalf for a fee, which will be disclosed to you before the policy is concluded. This may be instead of or in addition to any brokerage payable. Where we act for a fee, unless otherwise agreed with you, this will normally relate to the initial placing of the insurance and subsequent maintenance of the policy until renewal. Should you request a material mid-term adjustment or series of adjustments to your insurance or an exceptional claim incident occurs we may seek to negotiate an additional fee with you at the time. In addition to client fees and/or brokerage payments we may receive remuneration from insurers reflecting the aggregated income and or profitability of our entire account with them. In all such circumstances, our duty to act in the best possible interests of our customers remains paramount. In addition to brokerage or an agreed fee basis of remuneration we may also receive benefit from income that is receivable from premium financing companies calculated by reference to the total volume of premiums financed. We will, if requested, disclose the amount respect of any commission being earnedclaims. If the exact amount cannot be confirmed, the basis for calculating such figures will be disclosed. Brokerage commissions and fees for bringing about or arranging the insurance are considered fully earned when the insurance incepts, irrespective of when the premium for the insurance is payable to the Insurers and/or when any fees/commissions are payable to us. Fees/commissions are not refundable in the event of return premiums being allowed by Insurers after inception of the policy be that through cancellation, early termination of the policy or any other reason. Payment methods and credit terms We normally accept payment by bank transfer, cheque, debit or credit card. However, you may also be able to spread your payments through instalments or a credit scheme. There will usually be a charge for paying by instalments and full details will be provided if you select this option All policy premiums are to be paid by inception or renewal date unless specifically agreed in writing by us. All premiums paid to us, together with any premiums returned to us by insurers, are held by us in a separate Non-Statutory Trust account designated as a client account in accordance with FCA rules. A copy of the Deed of Trust is available on request In most cases, our financial arrangements with insurance companies are on a ‘risk transfer’ basis, which means that we hold premiums and refunds claims department acts on behalf of the insurer i.e. in negotiating settlement of your claim, we will inform you of this. In such circumstances other persons from within our organisation will continue to act on your behalf. Otherwise, we will be representing you. COMPLAINTS AND COMPENSATION We are dedicated to providing you with a high level of service at all times, but if you are not satisfied, please contact any of our staff. In the risk is transferred event that you remain dissatisfied and wish to make a complaint, you should contact: For Jewellers’ Block Insurances: The Chief Executive Officer, T H March & Co Limited, 00-00 Xxx Xxxxx, London, EC1N 6RY. Telephone 000 0000 0000 For all other insurances: Customer Services Department, T H March & Co Limited, Hare Park House, Xxxxxxxxx Business Park, Yelverton, PL20 7LS. Telephone 00000 000000 or email: xxxxxxxxxxxxxxxx@xxxxxxx.xx.xx If you are still not satisfied, you may refer the matter to the insurer and the premium is deemed to be in the insurer’s possession. You will be notified in cases where ‘risk transfer’ does not apply In the case of some transactions, client money may pass through other authorised intermediaries before the insurer receives it No interest will be paid to clients in respect of money held in client accounts In dealing with us, you agree to our holding client money in this way Failure to comply with our credit terms may invalidate your insurance Duty of disclosure to Insurers and The Insurance Act 2015 Your insurance is based upon the information provided to the insurance company. Under the terms of the Act, before a contract of insurance is entered into you must make to an insurer a fair presentation of the risk – a fair presentation of the risk is one in which the information must be presented in a way which would be reasonably clear and accessible to a prudent insurer. A fair presentation of the risk requires clear and accessible disclosure, without material misrepresentation, of every material circumstance which the insured knows/ought to know; Or, failing that, sufficient information to put a prudent insurer on notice that it needs to make further enquiries to reveal those material circumstances What must actively be disclosed: Knowledge of senior management; knowledge of the insurance team Financial Ombudsman Service (including broker); information which would be revealed by a reasonable search. Insurer remedies for breach: If the breach was deliberate or reckless, the insurer can avoid the contract from inception and can keep the premium. The insurer must prove that the breach was deliberate or reckless. If the breach was not deliberate or reckless, then there are a number of options available to the insurer if they wish to impose a remedy. More than one remedy can be applied - the insurer must show that they would have acted in that way if the breach of duty had not occurred. If the insurer would not have written the risk if it had known the information which has come to light, then it can avoid the contract but it has to repay the premium. If the insurer would have charged a higher premium, then it can proportionately reduce any claims payments. If the insurer would have included new terms, or imposed different terms other than with respect to premium such as conditions / warranties, exclusions, different extensions, sub-limits etc., the contract is to be treated as if it had been entered into on those terms. Unless unless you are a Consumer (commercial customer with 10 or more employees or with a group turnover or balance sheet which exceeds €2 million, a trustee of a trust with a net asset value of £1m or more, or a charity with an individual buying annual turnover income of £1m or more). For more information on this, please refer to their website at www.financial- xxxxxxxxx.xxx.xx For any complaint involving an insurance wholly or mainly for purposes unrelated to your tradepurchased online through our website, business or profession) you must disclose to insurers, before the setting up or renewal of your contract is concluded, any fact or circumstance which is known to you (or which after enquiry ought to be known to you) and which is material may also refer to the riskOnline Dispute Resolution platform (xxxx://xx.xxxxxx.xx/odr). A fact or circumstance is material We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme if it would influence we cannot meet our financial obligations. This depends on the judgement type of an insurer in fixing business and the premium, setting circumstances of the terms or determining whether they would take the riskclaim. If you are uncertain whether a fact eligible, compensation is material, you should disclose it. If you are a Consumer you must take reasonable care to answer all questions fully available for insurance advising and accurately. Once cover has been arranged, you must immediately notify us of any changes to the information that has been provided to your insurers. Material Facts are matters or information which may influence your insurer arranging as to the acceptability or otherwise of your risk and the terms your insurer may require. They must be disclosed at the earliest opportunity and certainly at each renewal and also throughout the life of a policy. If you are in any doubt as to whether any information constitutes a Material Fact, you must disclose it to us or your insurer. If any document is completed in whole or in part on your behalf, it is your responsibility to check that the answers given are true and complete. You are advised to keep copies of any correspondence or documentation sent to us follows: Cover for your own protection. Please do consult us if you are in doubt on any aspect. All statements and facts disclosed on proposal forms, statement of facts, claim forms and other documents must, to the best of your ability, be full, true and accurate. Where forms are completed on your behalf you must check them for accuracy and completeness before signing them. You must always read the declaration and make sure you understand it before you sign. It is important that you understand that any information, statement or answer provided by you, to us or your insurer, is your responsibility and must be correct. Your attention is particularly drawn to the importance 90% of the declaration and signature on any insurers’ proposal form or Statement claim with no upper limit. For compulsory classes of Fact as any failure to disclose facts material to the insurance or any inaccuracies in your answer may invalidate your insurance cover in part or in its entirety. Awareness of Policy Terms When a policy is issued you should read it carefully, as it is that document including the schedule and any certificate of insurance that is the basis for 100% of the insurance contract you have purchasedclaim with no upper limit. You should keep all policy documents for as long as a claim Further information about the compensation scheme is possible under available from the policyFSCS. If you are in doubt over any of the policy terms Telephone 0000 000 0000 (free phone) or conditions, please seek our advice promptly. In particular, please watch for and be totally aware of any exclusions and/or warranties which have been applied to your insurance, as failure to comply with them may invalidate your cover Renewal We will contact you well in advance of renewal to discuss your requirements. If your premium is payable by monthly Direct Debit, we may (but accept no responsibility to) renew your policy automatically for your protection. Your new monthly payment will be collected on the usual due date. However, if you do not wish to renew, please tell us at least 7 days prior to renewal date Cancellation Your insurance contract may include a cancellation clause. A cancellation clause is mandatory for retail policies. You should make any request for the cancellation of a policy in writing and any relevant Certificate of Insurance should be returned to us 000 0000 0000 or to the insurer concerned if required to do so. In the event of cancellation, charges for our services will apply in accordance with the Tariff of Fees attached. The terms of your policy may allow insurers to retain the premium in full or to charge short period premiums in the event of cancellation. Time on Risk / Short Period Charges If you cancel your insurance in the first year with a new insurer it is very likely that they will charge what is known as short period rates. This will mean that the percentage of premium charged will be greater than the percentage of lapsed time. You should ensure that you understand the total charge being made before you cancel any existing insurance policy. Minimum and Deposit Some classes of business require minimum & deposit premiums. This means that the amount charged is the minimum premium underwriters will accept for the risk and there will be no return premium for early cancellation. It also means that whilst these policies are adjustable and additional premiums may be payable no return premium is allowed below the specific minimum & depositxxx.xxxx.xxx.xx.

Appears in 1 contract

Samples: www.thmarch.co.uk

The Financial Conduct Authority. Creative Risk Solutions Ltd T H March & Co Limited trading as T H March Insurance Broker is authorised and regulated by the Financial Conduct Authority (FCA), which is an independent body established by the UK Government to regulate the financial services industry. Our registration FCA Register number is 464390308811. Our permitted business area is arranging introducing, advising, arranging, dealing as agent, assisting in the administration and advising on non-investment performance of general insurance contracts, and credit broking (including supplementary debt- related administration) in relation to insurance facilities. This information can be checked You may check this on the Financial Services Register by visiting the FCA website, xxxxx://xxxxxxxx.xxx.xxx.xx/ or by contacting the FCA on 0845 606 1234 0800 111 6768. OUR SERVICE Our Service Creative Risk Solutions Ltd will: Act fairly role is to advise you and reasonably when dealing with our clients Make sure that information provided is clearmake a suitable recommendation after we have assessed your needs, fair to arrange insurance as agreed, and to represent your interests to insurers in the event of a claim as described below. If we arrange insurance for you but do not misleading Give adequate explanation to enable clients to make informed decisions Ensure our service meets FCA requirements Handle claims and complaints fairly and promptly Identify and deal with conflicts of interest in accordance with our established procedures Explaining our service In arranging general insuranceoffer advice, we act on your behalf as shall confirm this to you in writing. It is our policy to treat our customers fairly at all times. If you receive documentation electronically, you have the right to request a paper copy. Following an independent insurance intermediary and act as your agent. We are subject to the law of agency, which imposes various duties on us. However, in certain circumstances we may act for and owe duties of care to other parties. We will advise you when these circumstances occur so you will be aware of any possible conflict of interest. In relation to the general insurance products we offer, we may provide advice, or information: On the basis of a fair analysis of the market; or From a limited number of insurers; or From a single insurer. Where , we offer select insurance products from a limited range of insurers, or which may vary according to the type of insurance contract. You can ask us for a list of insurers used for any particular type. For certain types we only deal with a single insurer and will advise you of this when offering a quotation. If considered appropriate and for your benefit, we may use other insurance intermediaries to help us meet your insurance needs. We may recommend certain products that are branded in the name of T H March. Each of these is specially negotiated with a particular insurer. These and some other products will be placed by us utilising binding authorities. In these circumstances we may be responsible for policy issue and some aspects of administration and claim settlement, in accordance with procedures and limits set by insurers and subject to their rigorous audit and control. When recommending these products we will continue to place your interests above all other considerations, but if that is not possible we will advise you of the conflict of interest. If you wish to use premium finance to spread your premium payment, Providing prompt information on incidents or accidents means that your insurers can take any steps that are necessary to protect your interests; failure to do so may cause problems when handling your claim. Your insurance document gives details of whom to contact in the event of a claim. You must provide us with full details of your claim and we are likely to ask you to complete a claim form to pass to the insurer. We will employ due care and skill if asked we act on your behalf in respect of any claims. If our claims department acts on behalf of the insurer in negotiating settlement of your claim, we will provide inform you of that when you notify us of the claim. In such circumstances other persons from within our organisation will continue to act on your behalf. Full details of these arrangements will be provided in the event of a claim occurring. COMPLAINTS AND COMPENSATION We are dedicated to providing you with a list high level of service at all times, but if you are not satisfied, please contact any of our staff. In the insurer(sevent that you remain dissatisfied and wish to make a complaint, you should contact: For Jewellers Block Insurances: The Managing Director, T H March & Co Limited, 00-00 Xxx Xxxxx, London, EC1N 6RY. Telephone 000 0000 0000 For all other insurances: Customer Services Department, T H March & Co Limited, Hare Park House, Xxxxxxxxx Business Park, Yelverton, PL20 7LS. Telephone 00000 000000 or email: xxxxxxxxxxxxxxxx@xxxxxxx.xx.xx If you are still not satisfied, you may refer the matter to the Financial Ombudsman Service (unless you are a commercial customer with 10 or more employees or with a group turnover or balance sheet which exceeds €, a2trusmteie lof la itruostnwith a net asset value of £1m or more, or a charity with an annual turnover income of £1m or more). For more information on this, please refer to their website at www.financial- xxxxxxxxx.xxx.xx For any complaint involving an insurance purchased online through our website, you may also refer to the Online Dispute Resolution platform we will be acting as a credit broker. For any insurance pl(hattcp:/e/edc.euraopta.euL/oldr)o. yd’s of London, we only offer finance facilities with Premium Credit Ltd (PCL), an insurance premium finance company. If you require premium We are covered by the Financial Services Compensation Scheme finance for insurance that we do not place at Lloyd’s of(FSLCoS)n. Ydouomna,y beweentitlewd itolclompensation from the scheme if we arrange the premium finance with eciantnoht emreet oPurCfiLnancoialrobligtathiones. Tihnis sdeuprenedsro’n sthe toypwe nof finance arrangements, depending on which option is the most cost- effective for you and/or meets your requirements for financing your premium(s). We will advise and make a recommendation for you after we have assessed your demands and needs. This will include not offer advice on the type of cover you seek together with the costs. This statement may be incorporated within other insurance documentation. If you request or require immediate cover, we can give you this information orally, however, we will still provide you with the statement immediately after conclusion suitability of the insurance contract. Upon receipt of your instructions we will place insurance with your chosen insurers and keep you informed of the progress of our negotiationsfinance. We will assist you not in the administration of your insurance contracts any circumstances act as an insurer, nor guarantee or as otherwise separately agreed in writing. We will explain to you the main features of your insurance contracts. In accordance with your instructions we will renew your insurance contracts. We check the financial strength of the insurers with whom we place business by reference to appropriate published Insurer Credit Ratings. However, it should be noted that the claims-paying ability of even the strongest insurers can be affected by adverse business conditions. Therefore, we cannot guarantee warrant the solvency of any insurer or underwriter We will finance provider. A liability for the premium, whether in full or pro rata, may arise under policies where a participating insurer becomes insolvent. CLAIMS HANDLING ARRANGEMENTS You must advise you us immediately of any inability to place your insurance. These are our core services. At your requestall incidents, you may speak to a Chartered Insurance Broker. Our Remuneration We are usually remunerated by brokerageaccidents or omissions, which may result in a claim against your insurance policy. You must do this whether or not you believe there is a percentage liability on your part to other parties. Any correspondence received by you concerning liability or potential liability to others must be passed to us immediately without acknowledgement. T H March Insurance Broker is a trading style of T H March & Co Limited T H March & Co Limited is authorised and regulated by the Financial Conduct Authority Registered Office: 00-00 Xxx Xxxxx, London, EC1N 6RY. Tel: 000 0000 0000 Fax: 000 0000 0000 e-mail: xxxxxxxxx@xxxxxxx.xx.xx website: xxx.xxxxxxx.xx.xx Registered in England No. 116175 business and the circumstances of the claim. If you are eligible, compensation is available for insurance premium paid by you advising and allowed by arranging as follows: Cover for 90% of the Insurer claim with whom no upper limit. For compulsory classes of insurance cover for 100% of the claim with no upper limit. Further information about the compensation scheme is available from the FSCS. Telephone 0000 000 0000 (free phone) or 000 0000 0000 or xxx.xxxx.xxx.xx. Insurances arranged at / / 2 < PAYMENT OF PREMIUMS Payment for insurance is placed. Alternatively, we may act on your behalf for a fee, which will be disclosed to you before the policy is concluded. This may be instead of or in addition to any brokerage payable. Where we act for a fee, unless otherwise agreed with you, this will normally relate to the initial placing of the insurance and subsequent maintenance of the policy until renewal. Should you request a material mid-term adjustment or series of adjustments to your insurance or an exceptional claim incident occurs we may seek to negotiate an additional fee with you at the time. In addition to client fees and/or brokerage payments we may receive remuneration from insurers reflecting the aggregated income and or profitability of our entire account with them. In all such circumstances, our duty to act in the best possible interests of our customers remains paramount. In addition to brokerage or an agreed fee basis of remuneration we may also receive benefit from income that is receivable from premium financing companies calculated by reference to the total volume of premiums financeddue immediately. We will, if requested, disclose the amount of any commission being earned. If the exact amount cannot be confirmed, the basis for calculating such figures will be disclosed. Brokerage commissions and fees for bringing about or arranging the insurance are considered fully earned when the insurance incepts, irrespective of when the premium for the insurance is payable to the Insurers and/or when any fees/commissions are payable to us. Fees/commissions are not refundable in the event of return premiums being allowed by Insurers after inception of the policy be that through cancellation, early termination of the policy or any other reason. Payment methods and credit terms We normally accept payment by bank transfer, cheque, debit or credit card. HoweverMastercard or Visa cards, or you may also be able to spread your payments through instalments or a credit schememonthly using premium finance. There For some products, we also accept payment by annual direct debit. We will usually be a charge for paying by instalments and full details will be provided if give you select this option All policy premiums are information about your payment options when we provide an insurance quotation. For any alteration to be paid by inception or renewal date unless specifically agreed in writing by usan existing policy, immediate payment is required upon receipt of our invoice. All premiums paid to us, together with any premiums returned to us by insurers, are held by us in a separate Non-Statutory Trust account designated as a client account If payment is not received in accordance with FCA rules. A copy our stated terms, or those of the Deed of Trust is available on request In most casesinstalment or credit service, we will take whatever steps we see fit in order to mitigate our financial arrangements with insurance companies are on a ‘risk transfer’ basisposition, which means that we hold may include cancellation of your policy/policies. This would mean a part or all of any insurance claim would not be paid. We reserve the right to offset any unpaid premiums and refunds on behalf of the insurer i.e. the risk is transferred relating to the insurer and the a policy against any claims money payable to you or any other amount due to you. OUR REMUNERATION We normally receive commission from insurers or product providers and/or premium is deemed to be in the insurer’s possessionfinance arrangements. You will be notified in cases where ‘risk transfer’ does not apply In the case of some transactions, client money may pass through other authorised intermediaries before the insurer receives it No interest Any commission will be paid out of the total premium and any finance charge payable by you. We may, however, agree a broker fee with you in advance. Where a broker fee is charged we will not normally receive commission from the insurance premium as well. In addition, a compliance administration charge will be applied to clients all policies. This will be calculated at 2% of the price of the insurance but will not exceed £15 per policy. Any quotation you receive will tell you the total amount to be paid. Any charges/fees will be confirmed to you before your insurance arrangements are concluded and will be detailed on any documentation. For some types of insurance we may receive additional commission based on the underwriting results of the insurer. In addition to commission received in respect of money held in client accounts In dealing with us, you agree to our holding client money in this way Failure to comply with our credit terms may invalidate your insurance Duty of disclosure to Insurers and The Insurance Act 2015 Your insurance is based upon the information provided to the insurance company. Under the terms of the Act, before a contract of insurance is entered into you must make to an insurer a fair presentation of the risk – a fair presentation of the risk is one in which the information must be presented in a way which would be reasonably clear and accessible to a prudent insurer. A fair presentation of the risk requires clear and accessible disclosure, without material misrepresentation, of every material circumstance which the insured knows/ought to know; Or, failing that, sufficient information to put a prudent insurer on notice that it needs to make further enquiries to reveal those material circumstances What must actively be disclosed: Knowledge of senior management; knowledge of the insurance team (including broker); information which would be revealed by a reasonable search. Insurer remedies for breach: If the breach was deliberate or reckless, the insurer can avoid the contract from inception and can keep the premium. The insurer must prove that the breach was deliberate or reckless. If the breach was not deliberate or reckless, then there are a number of options available to the insurer if they wish to impose a remedy. More than one remedy can be applied - the insurer must show that they would have acted in that way if the breach of duty had not occurred. If the insurer would not have written the risk if it had known the information which has come to light, then it can avoid the contract but it has to repay the premium. If the insurer would have charged a higher premium, then it can proportionately reduce any claims payments. If the insurer would have included new terms, or imposed different terms other than with respect to premium such as conditions / warranties, exclusions, different extensions, sub-limits etc., the contract is to be treated as if it had been entered into on those terms. Unless you are a Consumer (an individual buying insurance wholly or mainly for purposes unrelated to your trade, business or profession) you must disclose to insurers, before the setting up or renewal of your contract is concluded, any fact or circumstance which is known to you (or which after enquiry ought to be known to you) and which is material to the risk. A fact or circumstance is material if it would influence the judgement of an insurer in fixing the premium, setting the terms or determining whether they would take the risk. If you are uncertain whether a fact is material, you should disclose it. If you are a Consumer you must take reasonable care to answer all questions fully and accurately. Once cover has been arranged, you must immediately notify us of any changes to the information that has been provided to your insurers. Material Facts are matters or information which may influence your insurer as to the acceptability or otherwise of your risk and the terms your insurer may require. They must be disclosed at the earliest opportunity and certainly at each renewal and also throughout the life of a policy. If you are in any doubt as to whether any information constitutes a Material Fact, you must disclose it to us or your insurer. If any document is completed in whole or in part on your behalf, it is your responsibility to check that the answers given are true and complete. You are advised to keep copies of any correspondence or documentation sent to us for your own protection. Please do consult us if you are in doubt on any aspect. All statements and facts disclosed on proposal forms, statement of facts, claim forms and other documents must, to the best of your ability, be full, true and accurate. Where forms are completed on your behalf you must check them for accuracy and completeness before signing them. You must always read the declaration and make sure you understand it before you sign. It is important that you understand that any information, statement or answer provided payments made by you, to us or your insurer, is your responsibility and must be correct. Your attention is particularly drawn to the importance of the declaration and signature on any insurers’ proposal form or Statement of Fact as any failure to disclose facts material to the insurance or any inaccuracies in your answer may invalidate your insurance cover in part or in its entirety. Awareness of Policy Terms When a policy is issued you should read it carefully, as it is that document including the schedule and any certificate of insurance that is the basis of the insurance contract you have purchased. You should keep all policy documents for as long as a claim is possible under the policy. If you are in doubt over any of the policy terms or conditions, please seek our advice promptly. In particular, please watch for and be totally aware of any exclusions and/or warranties which have been applied to your insurance, as failure to comply with them may invalidate your cover Renewal We will contact you well in advance of renewal to discuss your requirements. If your premium is payable by monthly Direct Debit, we may (but accept no responsibility to) renew your policy automatically receive remuneration by way of administrative fees or commissions for your protectionservices provided to insurers. Your new monthly payment will be collected on the usual due date. However, if you We do not wish to renew, please tell us at least 7 days prior to renewal date Cancellation Your insurance contract accept any commissions or fees from any security services we may include a cancellation clause. A cancellation clause is mandatory for retail policies. You should make any request for the cancellation of a policy in writing and any relevant Certificate of Insurance should be returned to us or to the insurer concerned if required to do so. In the event of cancellation, charges for our services will apply in accordance with the Tariff of Fees attached. The terms of your policy may allow insurers to retain the premium in full or to charge short period premiums in the event of cancellation. Time on Risk / Short Period Charges If introduce you cancel your insurance in the first year with a new insurer it is very likely that they will charge what is known as short period rates. This will mean that the percentage of premium charged will be greater than the percentage of lapsed time. You should ensure that you understand the total charge being made before you cancel any existing insurance policy. Minimum and Deposit Some classes of business require minimum & deposit premiums. This means that the amount charged is the minimum premium underwriters will accept for the risk and there will be no return premium for early cancellation. It also means that whilst these policies are adjustable and additional premiums may be payable no return premium is allowed below the specific minimum & depositto.

Appears in 1 contract

Samples: www.thmarch.co.uk

The Financial Conduct Authority. Creative Risk Solutions WM Brokers Ltd is authorised and regulated by the Financial Conduct Authority (FCA), which is with FCA Register number FRN 301643. We are an independent body established by the UK Government to regulate the financial services industry. Our registration number is 464390. Our Insurance Intermediary and our permitted business area is arranging arranging, advising, dealing as agent, making arrangements and advising on non-investment assisting in the administration and performance of general insurance contracts and pure protection contracts. This information We are also authorised to undertake the following consumer credit activities: Credit Broking. You can be checked check this on the Financial Services Register FCA’s register by visiting the FCA website xxxxx://xxxxxxxx.xxx.xxx.xx/ or by contacting the FCA on 0845 606 1234 0800 111 6768. Our Service Creative Risk Solutions Ltd will: Act fairly and reasonably when dealing with our clients Make sure that information provided is clear, fair and not misleading Give adequate explanation to enable clients to make informed decisions Ensure our service meets FCA requirements Handle claims and complaints fairly and promptly Identify and deal with conflicts of interest in accordance with our established procedures Explaining our service In arranging general insurance, we act We generally provide advice on your behalf as an independent insurance intermediary and act as your agent. We are subject to the law of agency, which imposes various duties on us. However, in certain circumstances we may act for and owe duties of care to other parties. We will advise you when these circumstances occur so you will be aware of any possible conflict of interest. In relation to the general insurance products we offer, we may provide advice, or information: On the basis of a fair and personal analysis of the market and can place business with a range of insurers. We act on your behalf in sourcing a suitable policy for you. For some specific cover types, we may only deal with a single insurer or a limited number of insurers and do not advise on the basis of a fair and personal analysis of the market; or From a limited number of insurers; or From a single insurer. Where we offer products from a limited range of insurers, or a single insurerIn these cases, we will advise you of this and if asked specify the insurers that we deal with for that type of cover. When providing advice in this way, we are not under a contractual obligation to conduct insurance distribution exclusively with these insurers. We may at times act on behalf of the insurer under a delegated authority agreement whereby we are able to quote or issue policy documentation on their behalf. Where we recommend a policy with an insurer where we act under a delegated authority agreement, we will advise you of this. If we use the services of another intermediary to place your insurance, we will advise you of the name of the intermediary we used and the name of the insurer. Your specific circumstances will dictate which of these bases is the most appropriate for you. The approach which we adopt, will be based on our knowledge of the market, the quality of an insurer’s policy terms and claims service and the insurer’s ability to provide definitive contract terms at inception of insurance. We will provide you with a list of the insurer(s)personal recommendation. We will advise and make In some circumstances, a recommendation for you after we have assessed your demands and needs. This will include the type of cover you seek together with the costs. This statement product may be incorporated within other insurance documentation. If you request or require immediate cover, we can give you this information orally, however, we will still provide you with the statement immediately after conclusion of the insurance contract. Upon receipt of your instructions we will place insurance with your chosen insurers and keep you informed of the progress of our negotiations. We will assist you in the administration of your insurance contracts or as otherwise separately agreed in writing. We will explain offered to you the main features of your insurance contracts. In accordance on a non-advised basis with your instructions we will renew your insurance contracts. We check the financial strength of the insurers with whom we place business by reference to appropriate published Insurer Credit Ratings. However, it should be noted that the claims-paying ability of even the strongest insurers can be affected by adverse business conditions. Therefore, we cannot guarantee the solvency of any insurer or underwriter We will advise you of any inability to place your insurance. These are our core services. At your request, you may speak to a Chartered Insurance Broker. Our Remuneration We are usually remunerated by brokerage, which is a percentage of the insurance premium paid by you and allowed by the Insurer with whom the insurance is placed. Alternatively, we may act on your behalf for a fee, which will be disclosed to you before the policy is concluded. This may be instead of or in addition to any brokerage payable. Where we act for a fee, unless otherwise agreed with you, this will normally relate to the initial placing of the insurance and subsequent maintenance of the policy until renewal. Should you request a material mid-term adjustment or series of adjustments to your insurance or an exceptional claim incident occurs we may seek to negotiate an additional fee with you at the time. In addition to client fees and/or brokerage payments we may receive remuneration from insurers reflecting the aggregated income and or profitability of our entire account with them. In all such circumstances, our duty to act in the best possible interests of our customers remains paramount. In addition to brokerage or an agreed fee basis of remuneration we may also receive benefit from income that is receivable from premium financing companies calculated by reference to the total volume of premiums financedno personal recommendation. We will, if requestedhowever, disclose the amount of any commission being earned. If the exact amount cannot be confirmed, the basis for calculating such figures will be disclosed. Brokerage commissions and fees for bringing about or arranging the insurance are considered fully earned when the insurance incepts, irrespective of when the premium for the insurance is payable to the Insurers and/or when any fees/commissions are payable to us. Fees/commissions are not refundable in the event of return premiums being allowed by Insurers after inception of the policy be that through cancellation, early termination of the policy or any other reason. Payment methods and credit terms We normally accept payment by bank transfer, cheque, debit or credit card. However, you may also be able to spread your payments through instalments or a credit scheme. There will usually be a charge for paying by instalments and full details will be provided if you select this option All policy premiums are to be paid by inception or renewal date unless specifically agreed in writing by us. All premiums paid to us, together with any premiums returned to us by insurers, are held by us in a separate Non-Statutory Trust account designated as a client account in accordance with FCA rules. A copy of the Deed of Trust is available on request In most cases, our financial arrangements with insurance companies are on a ‘risk transfer’ basis, which means that we hold premiums and refunds on behalf of the insurer i.e. the risk is transferred to the insurer and the premium is deemed to be in the insurer’s possession. You will be notified in cases where ‘risk transfer’ does not apply In the case of some transactions, client money may pass through other authorised intermediaries before the insurer receives it No interest will be paid to clients in respect of money held in client accounts In dealing with us, you agree to our holding client money in this way Failure to comply with our credit terms may invalidate your insurance Duty of disclosure to Insurers and The Insurance Act 2015 Your insurance is based upon the information provided to the insurance company. Under the terms of the Act, before a contract of insurance is entered into you must make to an insurer a fair presentation of the risk – a fair presentation of the risk is one in which the information must be presented in a way which would be reasonably clear and accessible to a prudent insurer. A fair presentation of the risk requires clear and accessible disclosure, without material misrepresentation, of every material circumstance which the insured knows/ought to know; Or, failing that, provide sufficient information to put a prudent insurer on notice that it needs enable you to make further enquiries to reveal those material circumstances What must actively be disclosed: Knowledge of senior management; knowledge of the insurance team (including broker); information which would be revealed by a reasonable search. Insurer remedies for breach: If the breach was deliberate or reckless, the insurer can avoid the contract from inception and can keep the premium. The insurer must prove that the breach was deliberate or reckless. If the breach was not deliberate or reckless, then there are a number of options available to the insurer if they wish to impose a remedy. More than one remedy can be applied - the insurer must show that they would have acted in that way if the breach of duty had not occurred. If the insurer would not have written the risk if it had known the information which has come to light, then it can avoid the contract but it has to repay the premium. If the insurer would have charged a higher premium, then it can proportionately reduce any claims payments. If the insurer would have included new terms, or imposed different terms other than with respect to premium such as conditions / warranties, exclusions, different extensions, sub-limits etc., the contract is to be treated as if it had been entered into on those terms. Unless you are a Consumer (an individual buying insurance wholly or mainly for purposes unrelated to your trade, business or profession) you must disclose to insurers, before the setting up or renewal of your contract is concluded, any fact or circumstance which is known to you (or which after enquiry ought to be known to you) and which is material to the risk. A fact or circumstance is material if it would influence the judgement of an insurer in fixing the premium, setting the terms or determining whether they would take the risk. If you are uncertain whether a fact is material, you should disclose it. If you are a Consumer you must take reasonable care to answer all questions fully and accurately. Once cover has been arranged, you must immediately notify us of any changes to the information that has been provided to your insurers. Material Facts are matters or information which may influence your insurer as to the acceptability or otherwise of your risk and the terms your insurer may require. They must be disclosed at the earliest opportunity and certainly at each renewal and also throughout the life of a policy. If you are in any doubt informed decision as to whether any information constitutes a Material Fact, you must disclose it to us or your insurer. If any document the product is completed in whole or in part on your behalf, it is your responsibility to check that the answers given are true and complete. You are advised to keep copies of any correspondence or documentation sent to us suitable for your own protectionneeds. Please do consult us We will tell you if you are in doubt a sale is on any aspecta non-advised basis. All statements and facts disclosed on proposal forms, statement of facts, claim forms and other documents must, Requests for cover or changes to the best of your ability, be full, true and accurate. Where forms are completed on your behalf you must check them for accuracy and completeness before signing them. You must always read the declaration and make sure you understand it before you sign. It is important that you understand that any information, statement or answer provided by you, to us or your insurer, is your responsibility and must be correct. Your attention is particularly drawn to the importance of the declaration and signature on any insurers’ proposal form or Statement of Fact as any failure to disclose facts material to the insurance or any inaccuracies in your answer may invalidate your insurance cover in part or in its entirety. Awareness of Policy Terms When a policy is issued you should read it carefully, as it is that document including the schedule and any certificate of insurance that is the basis of the insurance contract you have purchased. You should keep all policy documents for as long as a claim is possible under the policy. If you are in doubt over any of the policy terms or conditions, please seek our advice promptly. In particular, please watch for and be totally aware of any exclusions and/or warranties which have been applied to your insurance, as failure to comply with them may invalidate your cover Renewal We will contact you well in advance of renewal to discuss your requirements. If your premium is payable not effective until they are confirmed by monthly Direct Debit, we may (but accept no responsibility to) renew your policy automatically for your protection. Your new monthly payment will be collected on the usual due date. However, if you do not wish to renew, please tell us at least 7 days prior to renewal date Cancellation Your insurance contract may include a cancellation clause. A cancellation clause is mandatory for retail policies. You should make any request for the cancellation of a policy in writing and any relevant Certificate of Insurance should be returned to us or to the insurer concerned if required to do so. In the event of cancellation, charges for our services will apply in accordance with the Tariff of Fees attached. The terms of your policy may allow insurers to retain the premium in full or to charge short period premiums in the event of cancellation. Time on Risk / Short Period Charges If you cancel your insurance in the first year with a new insurer it is very likely that they will charge what is known as short period rates. This will mean that the percentage of premium charged will be greater than the percentage of lapsed time. You should ensure that you understand the total charge being made before you cancel any existing insurance policy. Minimum and Deposit Some classes of business require minimum & deposit premiums. This means that the amount charged is the minimum premium underwriters will accept for the risk and there will be no return premium for early cancellation. It also means that whilst these policies are adjustable and additional premiums may be payable no return premium is allowed below the specific minimum & depositus.

Appears in 1 contract

Samples: Terms of Business Agreement

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The Financial Conduct Authority. Creative Risk Solutions Ltd T H March & Co Limited trading as T H March Insurance Broker is authorised and regulated by the Financial Conduct Authority (FCA), which is an independent body established by the UK Government to regulate the financial services industry. Our registration FCA Register number is 464390308811. Our permitted business area is arranging introducing, advising, arranging, dealing as agent, assisting in the administration and advising on non-investment performance of general insurance contracts, and credit broking (including supplementary debt- related administration) in relation to insurance facilities. This information can be checked You may check this on the Financial Services Register by visiting the FCA website, xxxxx://xxxxxxxx.xxx.xxx.xx/ or by contacting the FCA on 0845 606 1234 0800 111 6768. OUR SERVICE Our Service Creative Risk Solutions Ltd will: Act fairly role is to advise you and reasonably when dealing with our clients Make sure that information provided is clearmake a suitable recommendation after we have assessed your needs, fair to arrange insurance as agreed, and to represent your interests to insurers in the event of a claim as described below. If we arrange insurance for you but do not misleading Give adequate explanation to enable clients to make informed decisions Ensure our service meets FCA requirements Handle claims and complaints fairly and promptly Identify and deal with conflicts of interest in accordance with our established procedures Explaining our service In arranging general insuranceoffer advice, we act on your behalf as shall confirm this to you in writing. It is our policy to treat our customers fairly at all times. If you receive documentation electronically, you have the right to request a paper copy. Following an independent insurance intermediary and act as your agent. We are subject to the law of agency, which imposes various duties on us. However, in certain circumstances we may act for and owe duties of care to other parties. We will advise you when these circumstances occur so you will be aware of any possible conflict of interest. In relation to the general insurance products we offer, we may provide advice, or information: On the basis of a fair analysis of the market; or From a limited number of insurers; or From a single insurer. Where , we offer select insurance products from a limited range of insurers, or which may vary according to the type of insurance contract. You can ask us for a list of insurers used for any particular type. For certain types we only deal with a single insurer and will advise you of this when offering a quotation. If considered appropriate and for your benefit, we may use other insurance intermediaries to help us meet your insurance needs. We may recommend certain products that are branded in the name of T H March. Each of these is specially negotiated with a particular insurer. These and some other products will be placed by us utilising binding authorities. In these circumstances we may be responsible for policy issue and some aspects of administration and claim settlement, in accordance with procedures and limits set by insurers and subject to their rigorous audit and control. When recommending these products we will continue to place your interests above all other considerations, but if that is not possible we will advise you and if asked of the conflict of interest. If you wish to use premium finance to spread your premium payment, we will provide be acting as a credit broker. For any insurance placed at Lloyd’s of London, we only offer finance facilities with Premium Credit Ltd (PCL), an insurance premium finance company. If you require premium finance for insurance that we do not place at Lloyd’s of London, we will arrange the premium finance with a list of either PCL or the insurer(sinsurer’s own finance arrangements, depending on which option is the most cost- effective for you and/or meets your requirements for financing your premium(s). We will advise and make a recommendation for you after we have assessed your demands and needs. This will include not offer advice on the type of cover you seek together with the costs. This statement may be incorporated within other insurance documentation. If you request or require immediate cover, we can give you this information orally, however, we will still provide you with the statement immediately after conclusion suitability of the insurance contract. Upon receipt of your instructions we will place insurance with your chosen insurers and keep you informed of the progress of our negotiationsfinance. We will assist you not in the administration of your insurance contracts any circumstances act as an insurer, nor guarantee or as otherwise separately agreed in writing. We will explain to you the main features of your insurance contracts. In accordance with your instructions we will renew your insurance contracts. We check the financial strength of the insurers with whom we place business by reference to appropriate published Insurer Credit Ratings. However, it should be noted that the claims-paying ability of even the strongest insurers can be affected by adverse business conditions. Therefore, we cannot guarantee warrant the solvency of any insurer or underwriter finance provider. A liability for the premium, whether in full or pro rata, may arise under policies where a participating insurer becomes insolvent. CLAIMS HANDLING ARRANGEMENTS You must advise us immediately of all incidents, accidents or omissions, which may result in a claim against your insurance policy. You must do this whether or not you believe there is a liability on your part to other parties. Any correspondence received by you concerning liability or potential liability to others must be passed to us immediately without acknowledgement. Providing prompt information on incidents or accidents means that your insurers can take any steps that are necessary to protect your interests; failure to do so may cause problems when handling your claim. Your T H March Insurance Broker is a trading style of T H March & Co Limited T H March & Co Limited is authorised and regulated by the Financial Conduct Authority Registered Office: 00-00 Xxx Xxxxx, London, EC1N 6RY. Tel: 000 0000 0000 Fax: 000 0000 0000 email: xxxxxxxxx@xxxxxxx.xx.xx website: xxx.xxxxxxx.xx.xx Registered in England No. 116175 insurance document gives details of whom to contact in the event of a claim. You must provide us with full details of your claim and we are likely to ask you to complete a claim form to pass to the insurer. We will advise you of any inability to place your insurance. These are our core services. At your request, you may speak to a Chartered Insurance Broker. Our Remuneration We are usually remunerated by brokerage, which is a percentage of the insurance premium paid by you employ due care and allowed by the Insurer with whom the insurance is placed. Alternatively, skill if we may act on your behalf for a fee, which will be disclosed to you before the policy is concluded. This may be instead of or in addition to any brokerage payable. Where we act for a fee, unless otherwise agreed with you, this will normally relate to the initial placing of the insurance and subsequent maintenance of the policy until renewal. Should you request a material mid-term adjustment or series of adjustments to your insurance or an exceptional claim incident occurs we may seek to negotiate an additional fee with you at the time. In addition to client fees and/or brokerage payments we may receive remuneration from insurers reflecting the aggregated income and or profitability of our entire account with them. In all such circumstances, our duty to act in the best possible interests of our customers remains paramount. In addition to brokerage or an agreed fee basis of remuneration we may also receive benefit from income that is receivable from premium financing companies calculated by reference to the total volume of premiums financed. We will, if requested, disclose the amount respect of any commission being earnedclaims. If the exact amount cannot be confirmed, the basis for calculating such figures will be disclosed. Brokerage commissions and fees for bringing about or arranging the insurance are considered fully earned when the insurance incepts, irrespective of when the premium for the insurance is payable to the Insurers and/or when any fees/commissions are payable to us. Fees/commissions are not refundable in the event of return premiums being allowed by Insurers after inception of the policy be that through cancellation, early termination of the policy or any other reason. Payment methods and credit terms We normally accept payment by bank transfer, cheque, debit or credit card. However, you may also be able to spread your payments through instalments or a credit scheme. There will usually be a charge for paying by instalments and full details will be provided if you select this option All policy premiums are to be paid by inception or renewal date unless specifically agreed in writing by us. All premiums paid to us, together with any premiums returned to us by insurers, are held by us in a separate Non-Statutory Trust account designated as a client account in accordance with FCA rules. A copy of the Deed of Trust is available on request In most cases, our financial arrangements with insurance companies are on a ‘risk transfer’ basis, which means that we hold premiums and refunds claims department acts on behalf of the insurer i.e. in negotiating settlement of your claim, we will inform you of that when you notify us of the risk is transferred claim. In such circumstances other persons from within our organisation will continue to act on your behalf. Full details of these arrangements will be provided in the event of a claim occurring. COMPLAINTS AND COMPENSATION We are dedicated to providing you with a high level of service at all times, but if you are not satisfied, please contact any of our staff. In the event that you remain dissatisfied and wish to make a complaint, you should contact: For Jewellers Block Insurances: The Managing Director, T H March & Co Limited, 00-00 Xxx Xxxxx, London, EC1N 6RY. Telephone 000 0000 0000 For all other insurances: Customer Services Department, T H March & Co Limited, Hare Park House, Xxxxxxxxx Business Park, Yelverton, PL20 7LS. Telephone 00000 000000 or email: xxxxxxxxxxxxxxxx@xxxxxxx.xx.xx If you are still not satisfied, you may refer the matter to the insurer and the premium is deemed to be in the insurer’s possession. You will be notified in cases where ‘risk transfer’ does not apply In the case of some transactions, client money may pass through other authorised intermediaries before the insurer receives it No interest will be paid to clients in respect of money held in client accounts In dealing with us, you agree to our holding client money in this way Failure to comply with our credit terms may invalidate your insurance Duty of disclosure to Insurers and The Insurance Act 2015 Your insurance is based upon the information provided to the insurance company. Under the terms of the Act, before a contract of insurance is entered into you must make to an insurer a fair presentation of the risk – a fair presentation of the risk is one in which the information must be presented in a way which would be reasonably clear and accessible to a prudent insurer. A fair presentation of the risk requires clear and accessible disclosure, without material misrepresentation, of every material circumstance which the insured knows/ought to know; Or, failing that, sufficient information to put a prudent insurer on notice that it needs to make further enquiries to reveal those material circumstances What must actively be disclosed: Knowledge of senior management; knowledge of the insurance team Financial Ombudsman Service (including broker); information which would be revealed by a reasonable search. Insurer remedies for breach: If the breach was deliberate or reckless, the insurer can avoid the contract from inception and can keep the premium. The insurer must prove that the breach was deliberate or reckless. If the breach was not deliberate or reckless, then there are a number of options available to the insurer if they wish to impose a remedy. More than one remedy can be applied - the insurer must show that they would have acted in that way if the breach of duty had not occurred. If the insurer would not have written the risk if it had known the information which has come to light, then it can avoid the contract but it has to repay the premium. If the insurer would have charged a higher premium, then it can proportionately reduce any claims payments. If the insurer would have included new terms, or imposed different terms other than with respect to premium such as conditions / warranties, exclusions, different extensions, sub-limits etc., the contract is to be treated as if it had been entered into on those terms. Unless unless you are a Consumer (commercial customer with 10 or more employees or with a group turnover or balance sheet which exceeds €2 million, a trustee of a trust with a net asset value of £1m or more, or a charity with an individual buying annual turnover income of £1m or more). For more information on this, please refer to their website at www.financial- xxxxxxxxx.xxx.xx For any complaint involving an insurance wholly or mainly for purposes unrelated to your tradepurchased online through our website, business or profession) you must disclose to insurers, before the setting up or renewal of your contract is concluded, any fact or circumstance which is known to you (or which after enquiry ought to be known to you) and which is material may also refer to the riskOnline Dispute Resolution platform (xxxx://xx.xxxxxx.xx/odr). A fact or circumstance is material We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme if it would influence we cannot meet our financial obligations. This depends on the judgement type of an insurer in fixing business and the premium, setting circumstances of the terms or determining whether they would take the riskclaim. If you are uncertain whether a fact eligible, compensation is material, you should disclose it. If you are a Consumer you must take reasonable care to answer all questions fully available for insurance advising and accurately. Once cover has been arranged, you must immediately notify us of any changes to the information that has been provided to your insurers. Material Facts are matters or information which may influence your insurer arranging as to the acceptability or otherwise of your risk and the terms your insurer may require. They must be disclosed at the earliest opportunity and certainly at each renewal and also throughout the life of a policy. If you are in any doubt as to whether any information constitutes a Material Fact, you must disclose it to us or your insurer. If any document is completed in whole or in part on your behalf, it is your responsibility to check that the answers given are true and complete. You are advised to keep copies of any correspondence or documentation sent to us follows: Cover for your own protection. Please do consult us if you are in doubt on any aspect. All statements and facts disclosed on proposal forms, statement of facts, claim forms and other documents must, to the best of your ability, be full, true and accurate. Where forms are completed on your behalf you must check them for accuracy and completeness before signing them. You must always read the declaration and make sure you understand it before you sign. It is important that you understand that any information, statement or answer provided by you, to us or your insurer, is your responsibility and must be correct. Your attention is particularly drawn to the importance 90% of the declaration and signature on any insurers’ proposal form or Statement claim with no upper limit. For compulsory classes of Fact as any failure to disclose facts material to the insurance or any inaccuracies in your answer may invalidate your insurance cover in part or in its entirety. Awareness of Policy Terms When a policy is issued you should read it carefully, as it is that document including the schedule and any certificate of insurance that is the basis for 100% of the insurance contract you have purchasedclaim with no upper limit. You should keep all policy documents for as long as a claim Further information about the compensation scheme is possible under available from the policyFSCS. If you are in doubt over any of the policy terms Telephone 0000 000 0000 (free phone) or conditions, please seek our advice promptly. In particular, please watch for and be totally aware of any exclusions and/or warranties which have been applied to your insurance, as failure to comply with them may invalidate your cover Renewal We will contact you well in advance of renewal to discuss your requirements. If your premium is payable by monthly Direct Debit, we may (but accept no responsibility to) renew your policy automatically for your protection. Your new monthly payment will be collected on the usual due date. However, if you do not wish to renew, please tell us at least 7 days prior to renewal date Cancellation Your insurance contract may include a cancellation clause. A cancellation clause is mandatory for retail policies. You should make any request for the cancellation of a policy in writing and any relevant Certificate of Insurance should be returned to us 000 0000 0000 or to the insurer concerned if required to do so. In the event of cancellation, charges for our services will apply in accordance with the Tariff of Fees attached. The terms of your policy may allow insurers to retain the premium in full or to charge short period premiums in the event of cancellation. Time on Risk / Short Period Charges If you cancel your insurance in the first year with a new insurer it is very likely that they will charge what is known as short period rates. This will mean that the percentage of premium charged will be greater than the percentage of lapsed time. You should ensure that you understand the total charge being made before you cancel any existing insurance policy. Minimum and Deposit Some classes of business require minimum & deposit premiums. This means that the amount charged is the minimum premium underwriters will accept for the risk and there will be no return premium for early cancellation. It also means that whilst these policies are adjustable and additional premiums may be payable no return premium is allowed below the specific minimum & depositxxx.xxxx.xxx.xx.

Appears in 1 contract

Samples: www.thmarch.co.uk

The Financial Conduct Authority. Creative Risk Solutions WM Brokers Ltd is authorised and regulated by the Financial Conduct Authority (FCA), which is with FCA Register number FRN 301643. We are an independent body established by the UK Government to regulate the financial services industry. Our registration number is 464390. Our Insurance Intermediary and our permitted business area is arranging arranging, advising, dealing as agent, making arrangements and advising on non-investment assisting in the administration and performance of general insurance contracts and pure protection contracts. This information We are also authorised to undertake the following consumer credit activities: Credit Broking. You can be checked check this on the Financial Services Register FCA’s register by visiting the FCA website xxxxx://xxxxxxxx.xxx.xxx.xx/ or by contacting the FCA on 0845 606 1234 0800 111 6768. Our Service Creative Risk Solutions Ltd will: Act fairly and reasonably when dealing with our clients Make sure that information provided is clear, fair and not misleading Give adequate explanation to enable clients to make informed decisions Ensure our service meets FCA requirements Handle claims and complaints fairly and promptly Identify and deal with conflicts of interest in accordance with our established procedures Explaining our service In arranging general insurance, we act We generally provide advice on your behalf as an independent insurance intermediary and act as your agent. We are subject to the law of agency, which imposes various duties on us. However, in certain circumstances we may act for and owe duties of care to other parties. We will advise you when these circumstances occur so you will be aware of any possible conflict of interest. In relation to the general insurance products we offer, we may provide advice, or information: On the basis of a fair and personal analysis of the market and can place business with a range of insurers. We act on your behalf in sourcing a suitable policy for you. For some specific cover types, we may only deal with a single insurer or a limited number of insurers and do not advise on the basis of a fair and personal analysis of the market; or From a limited number of insurers; or From a single insurer. Where we offer products from a limited range of insurers, or a single insurerIn these cases, we will advise you of this and if asked specify the insurers that we deal with for that type of cover. When providing advice in this way, we are not under a contractual obligation to conduct insurance distribution exclusively with these insurers. We may at times act on behalf of the insurer under a delegated authority agreement whereby we are able to quote or issue policy documentation on their behalf. Where we recommend a policy with an insurer where we act under a delegated authority agreement, we will advise you of this. If we use the services of another intermediary to place your insurance, we will advise you of the name of the intermediary we used and the name of the insurer. Your specific circumstances will dictate which of these bases is the most appropriate for you. The approach which we adopt, will be based on our knowledge of the market, the quality of an insurer’s policy terms and claims service and the insurer’s ability to provide definitive contract terms at inception of insurance. We will provide you with a list of personal recommendation. In some circumstances, a product may be offered to you on a non-advised basis with no personal recommendation. We will, however, provide sufficient information to enable you to make an informed decision as to whether the insurer(s)product is suitable for your needs. We will advise and make tell you if a recommendation sale is on a non-advised basis. Requests for you after we have assessed cover or changes to your demands and needsinsurance are not effective until they are confirmed by us. This will include the type Conflicts of cover you seek together with the costs. This statement may be incorporated within other insurance documentation. If you request or require immediate cover, we can give you this information orally, however, we will still provide you with the statement immediately after conclusion Interest We are part of the Global Risk Partners Limited (GRP) group which comprises a number of insurance contractintermediaries. Upon receipt of We may sometimes approach other GRP group companies to provide quotes and may recommend their products if they are assessed to meet your instructions we will place insurance with your chosen insurers and keep you informed of the progress of our negotiationsneeds. We will assist tell you if this is the case. No firms within the GRP group have any direct or indirect shareholdings in the administration any insurers. It is our aim to avoid any potential or actual conflicts of your insurance contracts or as otherwise separately agreed interest in writing. We will explain to you the main features of your insurance contracts. In accordance our dealing with your instructions we will renew your insurance contracts. We check the financial strength of the insurers with whom we place business by reference to appropriate published Insurer Credit Ratings. Howeveryou, it should be noted that the claims-paying ability of even the strongest insurers can be affected by adverse business conditions. Thereforeif a conflict does arise, we cannot guarantee the solvency of any insurer or underwriter We will advise you of any inability to place your insurance. These are our core services. At your request, you may speak to a Chartered Insurance Broker. Our Remuneration We are usually remunerated by brokerage, which is a percentage of the insurance premium paid by you and allowed by the Insurer with whom the insurance is placed. Alternatively, we may act on your behalf for a fee, which will be disclosed to you before the policy is concluded. This may be instead of or in addition to any brokerage payable. Where we act for a fee, unless otherwise agreed with you, this will normally relate to the initial placing of the insurance and subsequent maintenance of the policy until renewal. Should you request a material mid-term adjustment or series of adjustments to your insurance or an exceptional claim incident occurs we may seek to negotiate an additional fee with you at the time. In addition to client fees and/or brokerage payments we may receive remuneration from insurers reflecting the aggregated income and or profitability of our entire account with them. In all such circumstances, our duty to act in the best possible interests of our customers remains paramount. In addition to brokerage or an agreed fee basis of remuneration we may also receive benefit from income that is receivable from premium financing companies calculated by reference to the total volume of premiums financed. We will, if requested, disclose the amount of any commission being earned. If the exact amount cannot be confirmed, the basis for calculating such figures will be disclosed. Brokerage commissions and fees for bringing about or arranging the insurance are considered fully earned when the insurance incepts, irrespective of when the premium for the insurance is payable to the Insurers and/or when any fees/commissions are payable to us. Fees/commissions are not refundable in the event of return premiums being allowed by Insurers after inception of the policy be that through cancellation, early termination of the policy or any other reason. Payment methods and credit terms We normally accept payment by bank transfer, cheque, debit or credit card. However, you may also be able to spread your payments through instalments or a credit scheme. There will usually be a charge for paying by instalments and full details will be provided if you select this option All policy premiums are to be paid by inception or renewal date unless specifically agreed in writing by us. All premiums paid to us, together with any premiums returned to us by insurers, are held by us in a separate Non-Statutory Trust account designated as a client account in accordance with FCA rules. A copy of the Deed of Trust is available on request In most cases, our financial arrangements with insurance companies are on a ‘risk transfer’ basis, which means that we hold premiums and refunds on behalf of the insurer i.e. the risk is transferred to the insurer and the premium is deemed to be in the insurer’s possession. You will be notified in cases where ‘risk transfer’ does not apply In the case of some transactions, client money may pass through other authorised intermediaries before the insurer receives it No interest will be paid to clients in respect of money held in client accounts In dealing with us, you agree to our holding client money in this way Failure to comply with our credit terms may invalidate your insurance Duty of disclosure to Insurers and The Insurance Act 2015 Your insurance is based upon the information provided to the insurance company. Under the terms of the Act, before a contract of insurance is entered into you must make to an insurer a fair presentation of the risk – a fair presentation of the risk is one in which the information must be presented in a way which would be reasonably clear and accessible to a prudent insurer. A fair presentation of the risk requires clear and accessible disclosure, without material misrepresentation, of every material circumstance which the insured knows/ought to know; Or, failing that, sufficient information to put a prudent insurer on notice that it needs to make further enquiries to reveal those material circumstances What must actively be disclosed: Knowledge of senior management; knowledge of the insurance team (including broker); information which would be revealed by a reasonable search. Insurer remedies for breach: If the breach was deliberate or reckless, the insurer can avoid the contract from inception and can keep the premium. The insurer must prove that the breach was deliberate or reckless. If the breach was not deliberate or reckless, then there are a number of options available to the insurer if they wish to impose a remedy. More than one remedy can be applied - the insurer must show that they would have acted in that way if the breach of duty had not occurred. If the insurer would not have written the risk if it had known the information which has come to light, then it can avoid the contract but it has to repay the premium. If the insurer would have charged a higher premium, then it can proportionately reduce any claims payments. If the insurer would have included new terms, or imposed different terms other than with respect to premium such as conditions / warranties, exclusions, different extensions, sub-limits etc., the contract is to be treated as if it had been entered into on those terms. Unless you are a Consumer (an individual buying insurance wholly or mainly for purposes unrelated to your trade, business or profession) you must disclose to insurers, before the setting up or renewal of your contract is concluded, any fact or circumstance which is known to you (or which after enquiry ought to be known to you) and which is material to the risk. A fact or circumstance is material if it would influence the judgement of an insurer in fixing the premium, setting the terms or determining whether they would take the risk. If you are uncertain whether a fact is material, you should disclose it. If you are a Consumer you must take reasonable care to answer all questions fully and accurately. Once cover has been arranged, you must immediately notify us of any changes to the information that has been provided to your insurers. Material Facts are matters or information which may influence your insurer as to the acceptability or otherwise of your risk and the terms your insurer may require. They must be disclosed at the earliest opportunity and certainly at each renewal and also throughout the life of a policy. If you are in any doubt as to whether any information constitutes a Material Fact, you must disclose it to us or your insurer. If any document is completed in whole or in part on your behalf, it is your responsibility to check that the answers given are true and complete. You are advised to keep copies of any correspondence or documentation sent to us for your own protection. Please do consult us if you are in doubt on any aspect. All statements and facts disclosed on proposal forms, statement of facts, claim forms and other documents must, to the best of your ability, be full, true and accurate. Where forms are completed on your behalf you must check them for accuracy and completeness before signing them. You must always read the declaration and make sure you understand it before you sign. It is important that you understand that any information, statement or answer provided by you, to us or your insurer, is your responsibility and must be correct. Your attention is particularly drawn to the importance of the declaration and signature on any insurers’ proposal form or Statement of Fact as any failure to disclose facts material to the insurance or any inaccuracies in your answer may invalidate your insurance cover in part or in its entirety. Awareness of Policy Terms When a policy is issued you should read it carefully, as it is that document including the schedule and any certificate of insurance that is the basis of the insurance contract you have purchased. You should keep all policy documents for as long as a claim is possible under the policy. If you are in doubt over any of the policy terms or conditions, please seek our advice promptly. In particular, please watch for and be totally aware of any exclusions and/or warranties which have been applied to your insurance, as failure to comply with them may invalidate your cover Renewal We will contact you well in advance of renewal to discuss your requirements. If your premium is payable by monthly Direct Debit, we may (but accept no responsibility to) renew your policy automatically for your protection. Your new monthly payment will be collected on the usual due date. However, if you do not wish to renew, please tell us at least 7 days prior to renewal date Cancellation Your insurance contract may include a cancellation clause. A cancellation clause is mandatory for retail policies. You should make any request for the cancellation of a policy in writing and any relevant Certificate obtain your permission before proceeding. This agreement will not prevent us from acting for other clients who may be competitors of Insurance should be returned to us or to the insurer concerned if required to do soyours. In the event that we identify such a conflict of cancellationinterest in our providing any services to you we will notify you as soon as reasonably practicable and where we are able to do so, charges for agree how to continue to provide the services. Nothing in this agreement overrides or discharges our services will duty to place your interests before all other considerations nor shall this agreement override any legal or regulatory requirements which may apply in accordance with the Tariff of Fees attached. The terms of your policy may allow insurers to retain the premium in full or us prevailing from time to charge short period premiums in the event of cancellation. Time on Risk / Short Period Charges If you cancel time regarding your insurance in or reinsurance business or the first year with a new insurer it is very likely that they will charge what is known as short period rates. This will mean that the percentage handling of premium charged will be greater than the percentage of lapsed time. You should ensure that you understand the total charge being made before you cancel any existing insurance policy. Minimum and Deposit Some classes of business require minimum & deposit premiums. This means that the amount charged is the minimum premium underwriters will accept for the risk and there will be no return premium for early cancellation. It also means that whilst these policies are adjustable and additional premiums may be payable no return premium is allowed below the specific minimum & depositclaims.

Appears in 1 contract

Samples: Terms of Business Agreement

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