The words 'we', 'our' and 'us' mean and refer to Sportinsure Ltd and any of its subsidiaries. The words 'you' and 'your' mean and refer to the client of Sportinsure Ltd to whom these terms are issued. Please read this document carefully. It sets out the terms on which we agree to act for you and contains details of our regulatory and statutory responsibilities.
Sportinsure Ltd is an insurance intermediary who acts on your behalf. We offer bespoke insurance products and represent a number of Insurers. Our services include advising you on your insurance needs, arranging your insurance cover with insurers and assisting you with any subsequent event or alteration to the insurance we have placed.
In agreeing for us to provide a quote for, arrange or handle your insurances, your are providing your agreement to these terms of business, which replace any versions previously issued.
Sportinsure Ltd undertakes to comply with The Financial Conduct Authority (FCA) rules for the selling of general Insurance. We are authorised and regulated by The Financial Conduct Authority - Membership Number 612466. We are licensed under the Consumer Credit Act and registered under the Data Protection Act.
We are remunerated mainly by means of commission payments from insurance companies. In some cases we will charge fees in addition which we will agree with you beforehand; where we receive commission from any insurer we will disclose the amount to you on request. We reserve the right to make charges in addition to any insurance premiums, for the: arranging, amending, renewing and cancellations of any insurance. In the event of a policy being cancelled mid term, and not replaced by another policy, we reserve the right to retain the commission earned on the original transaction. You will receive a quotation (either via our website or separately in writing) which will tell you the total price to be paid, and which identifies any fees, taxes and charges separately from the premium, before your insurance arrangements are concluded.
We reserve the right to make charges in addition to any insurance premiums, for the: arranging, amending, renewing and cancellations of any insurance. These charges will be advised to you before they are included.
It is important that you understand your duty to provide all materially important information, fully, completely and accurately to us and your insurers not only when you take out your insurance, but also throughout the life of your arrangement, at the annual review, or at any other time when changes occur.
Materially important information is any information that could influence an insurer's decision to accept your risk including the cost of your insurance. For example, details of previous insurance claims that you have made, or reported. Personal information about you, such as Criminal Convictions (you have a duty to give this information even when the insurance relates to a business and not you). General information about the risk, such as the construction of a building, (for example, concrete floor, timber frame with brick, stone, and a slate roof) if you are not sure how much information to provide or do not understand the question please ask. The reason why this is extremely important is that if you fail to tell us something, your policy could leave you with no insurance protection; insurers may not pay any claims and could cancel your policy. You will find it difficult to re-arrange cover because you did not tell an insurer everything, and you will have to disclose this fact when you re-apply for insurance. Failure to disclose these facts may leave you with no cover and a claim not paid. If you are in any doubt whether information is relevant you should disclose it. Please refer to appendix that provides further examples of facts that need to be disclosed.
When you first become a customer, we will give you details of how you can make a claim and tell you what your responsibilities are in relation to making claims. If you suffer a loss or circumstances that might lead to a claim you must notify us as soon as is reasonably practicable. We will promptly advise you about the process that should then be followed. If appropriate we will issue you with a claim form and pass all details to your insurer. You should not admit liability nor agree to any course of action, other than emergency measures carried out to minimise the loss, until you have agreement from your insurer. Many policies require insurers to be notified of a possible claim, or circumstances which may lead to a claim, before any formal claim is made on you by a third party. You should ensure that you are familiar with the provisions of your policy concerning the notification of claims or circumstances which may lead to these claims, and should adhere strictly to them, as failure to do so may entitle insurers to refuse to meet the claim.
Whilst it is our intention to place your insurance with a financially secure insurer, and although the FCA and Prudential Regulatory Authority requires insurers to maintain a minimum level of capital, it must be understood that we cannot guarantee the solvency of any insurer throughout the period of the insurance contract. We do not have the facility to audit insurers and cannot accept liability for any losses that might be suffered by you should your insurer be declared insolvent or otherwise be unable to meet their financial obligations to you.
Unless required by law, public interest, our regulator The Financial Conduct Authority, or with your prior written consent, all information you supply will be kept confidential to Sportinsure Ltd, its member and associated companies and the parties involved in the normal course of arranging and administering your insurance.
We keep records of all business transactions for at least six years, unless you request otherwise. You may inspect details at any time but we treat all client records as confidential, so we reserve the right to give you copies of your particular record, rather than allow access to files containing records about other clients.
We may communicate with each other, and with parties with whom we need to communicate in order to provide services to you, by email, and sometimes attach further electronic data. By doing this we and you accept the inherent risks (e.g. viruses, unauthorised access/interception). Our systems do have virus checking processes but you will be responsible for virus checking all electronic communications sent to you and for checking that the messages received are complete.
You must carefully read all insurance documents that we send you, to ensure they meet with your requirements. If you are in doubt over any of the policy terms or conditions please contact us immediately for clarification. Policy documents are available upon request.
This means that in some cases we will act as the agent of one single insurer. If your insurance is placed via a Delegated Authority we will only obtain quotations from one insurer; we will only place cover under a Delegated Authority where we consider it meets your needs. We will disclose to you the name of the insurer at the outset and subsequently on request.
All returns of premium following cancellation or adjustment will be given net of commission received from the underwriters. Note: for the avoidance of doubt brokerage fees are non-refundable.
Should we receive notification from our bank with regard to un-cleared cheques, £20.00 will be requested for each re-presentation and £35.00 will be requested for each cheque completely returned to us. These charges are correct as at October 2016, we reserve the right to alter these charges without prior written notification. Please note that if you do not make payments on time or if we receive a notification of default from our bank, we will attempt to contact you to discuss but please be aware that making payment on time is your responsibility; in all cases we reserve the right to notify insurers of the cancellation of your cover without necessarily notifying you. Please note that if you enter into any credit or loan arrangement with an insurer or other third party the lender normally reserves the right to cancel your cover should you default and lenders may instruct us to cancel your insurance if you have breached your loan terms. In these circumstances we must comply with any request from a lender to cancel your cover.
We will normally deal with requests to increase or amend your insurance cover on the day your instructions are received or the next working day if a weekend or Public Holiday. Sometimes changes cannot be processed without obtaining additional information. If additional information is required we will contact you as quickly as possible. We will confirm changes to your policy, once agreed, in writing. We will also advise you of any extra premiums you must pay or return premiums due to you. We reserve the right to retain our commission from any premium returns. Should an amendment to the contract be made, including renewals, we reserve the right to apply an administration charge to cover the cost of the extra work involved in such amendments. See Key Facts Document for further details.
We have agency agreements in place with all insurers which permit us to act as their agent in handling premium payments and premium returns. In these circumstances insurers - through the agency agreement - grant what is called a 'risk transfer'. This means that when you pay a premium to us, the insurer deems this to be payment to them. Return premiums paid by insurers through us are not deemed to be paid until received by you.
Payments are spread through insurer's instalment plans, for which there is no additional charge. In exceptional circumstances we may accept payment by cheque or electronic transfer. Payments due must be paid to insurers or to unless otherwise agreed. Failure to meet this requirement may result in insurers cancelling the policy and imposing a time on risk charge.
1. This section forms part of our Terms of Business. We accept instructions to act on your behalf strictly subject to the following limitation upon our liability.
2. Our liability to you for any act or omission (including breach of contract or negligence and/or the negligence of any other parties in respect of which we are legally liable to you), whether such liability be in damages, equitable compensation or otherwise, shall not exceed the sum of £1,000,000 or its equivalent from time to time in Euros or any other relevant or appropriate currency in respect of any one transaction or series of related transactions. This figure has been carefully chosen in order to enable us to offer reasonable redress to our clients in the event of a claim, whilst enabling us to retain competitive levels of fees and commissions and make appropriate arrangements to ensure that any proper claim is met. This section does not apply to awards made by the Financial Ombudsman Service in the exercise of his compulsory jurisdiction.
3. In section 2 above:
i. 'negligence' means a breach of any obligation upon us to take required care, whether that obligation is imposed by virtue of a term (express or implied) of any relevant contract, or by the law of negligence, or otherwise;
ii. 'transaction' means any professional service provided by us to you, including (but not limited to) the arranging of insurance, advising on insurance cover and/or on particular wordings, notification of claims to insurers, and claims handling generally;
iii. 'a series of related transactions' has its ordinary meaning (save that 'transaction' has the meaning given at (ii) above), but includes (without limitation), (a) transactions concerning, connected with or arising out of the same policy of insurance or reinsurance arrangement, or, (b) where different policies or arrangements insure or reinsure (as the case may be) all or some of the same risks, transactions concerning, connected with or arising out of some or all of those policies or arrangements.
4. We are always prepared to discuss increasing the limit of our liability specified in this section in relation to any individual engagement, if particular reasons exist, but we reserve the right to decline to increase the limit or (in the event that we agree to increase it) to make an additional charge or to impose alternative or additional conditions. No agreement to increase the limit shall be valid unless made in writing and signed by a director of Sportinsure Ltd.
5. Under these Terms of Business, you agree not to make any claim against any employee, director, partner, consultant or other individual connected with us. See paragraph 6 below. However, it is also understood and agreed that if for any reason the provisions of paragraph 6 hereof are held to be invalid or unenforceable in whole or in part, any claim made by you against any employee, director, partner, consultant or other individual connected with us is also subject to the limit of liability of £1,000,000 contained in this clause, and you understand and agree that any such individual may avail himself of this limitation.
6. You agree: i. that your remedies in relation to the provision of professional services by us, arising out of or in connection with this engagement, lie exclusively against us and not against any employee, director, consultant or partner as individuals; ii. that you will not make any claim and/or bring any legal proceedings against any employee, director, partner, consultant or other individual, in respect of ny act or omission by any such person or persons (whether negligent or not). You understand and agree that the provisions of this clause may be enforced by any employee, director, partner, consultant or other individual connected with us in accordance with the Contracts (Rights of Third Parties) Act 1999.
It is our intention to provide you with a high level of customer service at all times. However, if you should wish to make a complaint about our service, we have a formal complaints procedure. In the first instance, please contact our Mr S.R Johnson on telephone number 0121-328-8818 or write to us at the address shown below. We shall acknowledge the complaint within five business days of receipt and tell you who will be dealing with the complaint. If the complaint does not relate to General Insurance we will direct you in writing within 5 business days to the appropriate person. We will attempt to resolve all complaints within 20 business days unless we require further information or the complaint is complicated, in which case we will provide reasons for the delay. If you remain dissatisfied and you are an individual, or the annual turnover of your group's business is less than £1,000,000, or in certain other limited circumstances you may be entitled to refer your complaint to the Financial Ombudsman Service. The Service can be contacted by telephoning 0845 080 1800 or visiting the website at www.financial-ombudsman.org.uk
We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. Insurance advising and arranging is covered by the FSCS for up to 100% of your claim if it relates to compulsory insurance. For other cases it is covered for 90% of the claim without upper limit. Further information about compensation scheme arrangements is available from the FSCS. www.fscs.org.uk
Telephone us to ask advice. If you cannot contact us then insurers offer a seven days a week claims service. As a general guideline you should act as if you are uninsured and take all reasonable measures to prevent further injury or loss. Please note that insurers may refuse to pay a claim or indemnify you unless they are notified of an incident within a reasonable period, usually 30 days from date of incident. Ideally you should report all incidents as soon as practicably possible. If you choose to report a claim direct to insurers then we recommend that you tell us also so that we may monitor. All correspondence received from third parties in respect of any loss or claim should be forwarded to us immediately, unanswered. As we are an intermediary we cannot guarantee that any insurer with whom we place your insurance will meet your claim. Whilst we make every effort to check the solvency of insurers this is ultimately outwith our control; you should note that you may still be liable to pay the premium in spite of the insolvency of an insurer.
It is important to understand that 'Days of Grace' no longer apply. If you do not agree with us to renew your policy before the due date, you will have a gap in your cover until such renewal is agreed by us. If a premium is paid late and the insurer agrees to reinstate cover for the previous policy a charge will be indicated to you in respect of the increased administration required to do necessary work. This charge may be made by ourselves, the insurer or by both.
Some policies will carry the right to withdraw in the early days. Please note that if this right is exercised we and the insurer concerned may make a charge. Where such rights exist we will notify you in the presentation documents that will be provided before cover starts.
You should make every attempt to ensure that the amounts that you insure for during the period of insurance as well as at renewal are correct as under-insurance may lead to rejection or reduction of any claim made.
The information that we collect includes but is not limited to your name and job title, your contact information including email addresses, demographic information such as postcodes and information related to the provision of financial and insurance advice.
We intend to use your information to understand your needs and provide you with a better service, to include (but not limited to) the following reasons: Internal record keeping, to improve our products and services, to periodically send promotional emails about new products, changes, special offers or other information which we think you may find interesting. We may contact you by email, phone, fax or mail. We may use the information to customise our website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect for example online.
Cookies: A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites: Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information: You may choose to restrict the collection or use of your personal information in the following ways:
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
We may share information about you and the conduct of your account with affiliated companies: to provide you with the service applied for; to assist in servicing your other relationships with affiliated companies; to assist in making credit decisions; for the purpose of fraud prevention (if you have provided false or inaccurate information and fraud is suspected, this will be recorded), audit or debt collection; so that services may be processed on your behalf; Other third parties: to help resolve complaints; for the purpose of fraud prevention, audit or debt collection; or so that services may be processed on your behalf.
You may request details of personal information which we hold about you under the Data Protection Act 1998 / the General Data Protection Regulation 2016 (GDPR). If you would like a copy of the information held on you please write to us at the address below.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the address below. We will promptly correct any information found to be incorrect.
If you believe there is a problem with the way we are handling your data you may want to obtain further details from the Information Commissioner's Office, Address: Wycliffe House, Water Lane, Wilmslow, Cheshire. SK9 5AF. Tel: 0303 123 1113. Website: ico.org.uk/concerns/handling/
Please note that telephone conversations may be monitored or recorded. Normally this is portrayed as being for your protection but in this case it is to protect us as well.
If the premium is paid by instalments, either to us directly or via a direct debit scheme directly with the insurer or other third party, in the event of default the Policy may be cancelled and/or you may liable to pay an additional premium regardless of cancellation of contract. Direct Debit/Standing Order agreements are an arrangement between you the insured and the insurance company / other third party. We cannot be held responsible in the event of payment difficulties or missed instalments that may invalidate cover. You are responsible for ensuring that payments reach the relevant insurance company / other third party on time. Where we try to help to resolve difficulties you should be aware that ultimately the contract is between you and the insurer / other third party and we are not responsible for any losses or problems. You should be aware that any provider of credit may carry out a credit search of you / your company and this might result in credit terms not being offered / withdrawn. You will be responsible for any outstanding premium(s). Please note that if we introduce your to a third party credit provider that we may be paid commission at inception and renewal of your policy cover.
Either you or we may terminate the agreement for the provision of our services by giving at least 30 days notice in writing.
No provision of these Terms of Business will be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999, by any person other than you or us.
Legal Jurisdiction: English Law governs the relationship between you and us. Any disputes arising shall only be dealt with in the Courts of England or Wales.
When you set up a new policy or make changes to your existing policy we will confirm in writing via post, fax or e.mail. Please note that no cover is in force until such confirmation is issued. Please advise us if you do not receive such confirmation in a timely fashion.
Many people have difficulties with their hearing, sight, learning etc, which may mean they need extra help in completing forms or understanding documents. If you have any difficulties and wish us to help, please contact us.
Please note that the above points outline our efforts to explain matters to you generically. Reference should however be made to your own policy documents which should be considered definitive and legally binding.
In accepting these Terms of Business, you agree that we may change the future content without receiving your prior consent to do so. We will automatically provide current terms of business at each renewal or upon request.
If you are unsure as to any point, please talk to us.
Finally, please read your policy before you have a claim.
Sportinsure Ltd, 348 Bromford Lane, Ward End, Birmingham. B8 2RZ email@example.com Telephone 0121 328 8818