Terms of Business

Accepting our Terms of Business

By asking us to quote for, arrange or handle your insurances, you are providing your informed agreement to these Terms of Business. We draw your particular attention to the section headed 'Use of personal data', and specifically the paragraph explaining how 'sensitive personal data' will be used.

If you are unsure about any aspect of our Terms of Business or have any questions regarding our relationship with you, please contact us at the above address.

The Financial Services Authority

Burnett's is a trading style of Burnett & Associates plc which is authorised and regulated by the Financial Services Authority (FSA). Our FSA Register number is 305511.

Our permitted business is advising, arranging, dealing as agent and assisting in the administration and performance of general insurance contracts.

You may check this on the FSA's register by visiting the FSA website, www.fsa.gov.uk/register or by contacting the FSA on 0845 606 1234.

Our Service

Our role is to advise you and make a suitable recommendation after we have assessed your needs. In situations where we are able to arrange insurance for you but do not offer advice, we shall confirm the position to you in writing. We will not in any circumstances act as an insurer nor guarantee or warrant the solvency of any insurer.

We select personal and commercial insurances from a range of insurers, but for certain products, including our schemes, we may only deal with a single insurer or select from a limited number of insurers. Where we only select insurance from a single or limited number of providers, this will be made clear to you in our quotation. In these circumstances, you may ask us for a list of the insurers we deal with for these products.

Complaints and Compensation

We aim to provide you with a high level of customer service at all times, but if you are not satisfied, contact our complaints manager at the address as detailed above.

A copy of our Complaints Procedure can be forwarded to you, upon request.

If you are still not satisfied, you may be entitled to refer the matter to the Financial Ombudsman Service (except in the case of a business with a group annual turnover of £1m or more, a charity with an annual income of £1m or more or trustees of a trust with a net asset value of £1m or more).

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 for 100% of the first £2,000 and 90% of the remainder of the claim without any upper limit. For compulsory classes of insurance (such as Third Party Motor or Employer's Liability), insurance advising and arranging is covered for 100% of the claim, without any upper limit. Further information about compensation scheme arrangements is available from the FSCS on 020 7892 7300 or www.fscs.org.uk.

Payment for our Services

We normally receive commission from the insurers or product providers and make charges for handling your insurances as follows; an additional non-refundable fee may be charged for each new policy, renewal, cancellation or adjustment in respect of some of the scheme insurances arranged by us. Where we charge a fee this will be made clear to you
when we are providing you with a quotation.

On request, we will be pleased to provide information about any commission received by us in the handling of your insurances.

You will receive a quotation which will tell you the total price to be paid, showing any fees, taxes and charges separately from the premium, before your insurance arrangements are concluded.

Handling Money

We act as agents of the insurer in collecting premiums and handling refunds due to clients, as well as the transfer of claim monies. Such monies are deemed to be held by the insurer(s) with which your insurance is arranged.

Premium Payment Warranties

In respect of some insurance contracts we arrange for you, insurers have specified a premium payment warranty, which means the insurer must receive the premium due by that date. Where such a warranty applies we will advise you at the time of quotation of these terms and request that the premium is paid to us, in sufficient time to allow us to pass
cleared funds to insurers. If you do not think you will be able to comply with the premium payment warranty please contact us immediately. Failure to comply can result in the automatic termination of your policy.

Credit Terms

Please note, all premiums are due by the inception/renewal/effective date of cover unless we have agreed credit terms with you separately. Unless we have agreed separate credit terms with you, until we are in receipt of your premiums your insurers will not accept any liability under the insurance policy arranged for you.

Cancellation of Insurances

You must make any request for the cancellation of a policy in writing and any relevant certificate of insurance must be returned to us or to the insurer concerned.

In the event of cancellation, charges for our services will apply in accordance with the 'Payment For Our Services' section overleaf.

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 beforethe policy expires.

Conflict of Interests

Occasions can arise where we or one of our clients or product providers may have a potential conflict of interest with business being transacted for you. If this happens and we become aware that a potential conflict exists, we will write to you and obtain your consent before we carry out your instructions, and detail the steps we will take to ensure fair treatment.

Ending Your Relationship With Us

Subject to your immediate settlement of any outstanding premiums and fees, you may instruct us to stop acting for you and we will not impose a penalty. Your instructions must be given in writing and will take effect from the date of receipt.

In circumstances where we feel we cannot continue providing services to you, we will give you a minimum of 7 days notice.

Unless otherwise agreed in writing, if our relationship ends, any transactions previously initiated will be completed according to these Terms of Business. You will be liable to pay for any transactions concluded prior to the end of our relationship and we will be entitled to retain commission received for conducting these transactions, together with all fees charged by us for services provided.

Your Responsibilities

You are responsible for providing the complete and accurate information that insurers require in connection with any proposal for insurance cover. This is particularly important before taking out a policy and at renewal, but it also applies throughout the life of a policy. If you fail to disclose information, or misrepresent any fact, which may influence the insurer's decision to accept the risk or the terms offered, this could invalidate the policy and mean that claims may not be paid. You must check all details on any proposal form or Statement of Facts and pay particular attention to any declaration you may be asked to sign.

It is important that you read all insurance documents issued to you and ensure that you are aware of the cover, limits and other terms that apply. Particular attention must be paid to any warranties and conditions as failure to comply with them could invalidate your policy.

You must inform us immediately of any changes in circumstances, which may affect the services, provided by us or the cover provided by your policy.

If you are unsure about any matter, please contact us for guidance.

Use of Personal Data

We will process any personal information we obtain in the course of providing our services to you in accordance with the Data Protection Act 1998. In administering your insurances it will be necessary for us to pass such information to insurers and other product or service providers, which may also provide us with business and compliance support.

We may also disclose details to relevant parties, as necessary, to comply with regulatory or legal requirements. We may contact you in order to promote products or services that may be of interest to you. We will not otherwise use
or disclose the personal information we hold without your consent.

Some of the details you may be asked to give us, such as information about offences or medical conditions, are defined by the Act as sensitive personal data. By giving us such information you signify your consent to its being processed by us in arranging and administering your insurances.

Subject to certain exceptions, you will be entitled to have access to your personal and sensitive personal data for which you will be charged a fee of £10. If at any time you wish us, or any company associated with us, to cease processing any of the personal data or sensitive personal data we hold, or to cease contacting you about products and services, please write to our Customer Services Manager at the address overleaf.

Claims Handling Arrangements

You should take careful note of the required procedures in the event of a claim, which will be stated in the policy documentation. Generally insurers require immediate notification of a claim or circumstances that might lead to a claim.

We will employ due care and skill if we act on your behalf in respect of a claim.

If we act on behalf of an insurer in negotiating and settling claims we will inform you that we will be acting on behalf of the insurer, not yourselves, at the point of claim.

Details of any incidents that could give rise to a claim must be notified to us without delay and all material information disclosed in order for us to inform the insurers, or in accordance with the terms of the insurance policy.

We will provide you with confirmation of the insurer's acceptance of the claim before settlement is made. Where we act on behalf of the insurer we will issue the cheque or arrange settlement, alternatively where the insurer is arranging settlement we will confirm the settlement arrangements with you.

We will provide a claims handling service for you as long as you remain our client. We will provide you with such reasonable guidance in pursuing a claim under your insurance policy and handle such claims fairly and promptly, keeping you informed of its progress.

We have a claims handling team that can be reached directly on 023 8044 4345.

In the event that you cannot reach us, immediately report your claim to the insurers as detailed on your policy document.

On-Line/Web Services

Should you require any further information about us and the services wecan offer, please visit our web site on: www.burnett.co.uk