Client Terms of Business Agreement

Purpose

This document sets out important information about who we are, the services we provide and the terms on which we agree to act for you.  It details our statutory and regulatory duties.  It is important that you read this document carefully as it contains details of your contractual obligations.  If there is anything that you do not understand please contact us.  This document will supersede any terms of business agreement that we previously may have sent to you.

References in this document to “we”, “us” and “our” shall mean Moneynotion Limited; references to “insurers” shall include the insurers, underwriters and managing agents with whom we place business.

Who are we?

Moneynotion Limited is a limited company incorporated in England, Registered Number: 2214219 England.

Registered Office: Oakhurst House, 57 Ashbourne Road, Derby, Derbyshire, United Kingdom, DE22 3FS.  This is our Registered Office only: we do not work from this address and see people by appointment only.

Postal address – P O Box 182, DERBY DE1 1WE.

More information about us can be found here https://www.moneynotion.co.uk/

Telephone +44 1332 380149.

We are authorised and regulated by the Financial Conduct Authority (FCA).  Our FCA registered number is 137380.  We are permitted by the FCA to act as a general insurance intermediary, to arrange credit and collect payments.  You can check these details by visiting the FCA’s website www.fca.org.uk/register or by contacting the FCA on 0800 111 6768.

Whose products do we offer?

We are entirely independent of any insurer or other financial services provider.  We have no ties or obligations to place business with any company or other organisation.

We use our judgment and experience to decide which insurers to approach on your behalf.  The recommendation/s we put forward will be based on what you have told us are your requirements.

We may place your insurance using alternative access to insurers, including sub-brokers and managing general agents.  Please see the section headed Conflicts of Interest for further information.  We have no shareholding, financial links or voting rights with the firms with whom we place your business.

What services can we provide?

In placing your insurances and other financial needs, we act as your agent and not on behalf of the insurer.  We act on an advised basis; thus, we make recommendations of specific products, based on the requirements and circumstances you have given to us.

When we hold client money on behalf of the insurers as opposed to on your behalf, we do so as agents of the insurers.

We are also authorised by the FCA for consumer credit broking.

How are we paid for our services?

Payment for our services may be by the way of a fee which we agree in advance with you, or by brokerage/commission, which is a percentage of the insurance premium paid by you and given to us by the insurers or finance house with whom we place your business, or a combination of the two.

Where we charge you a fee, this will be declared prior to the inception of the policy and in advance of it being incurred.

Unless we specifically agree otherwise, brokerage/commission and fees are earned when we arrange an insurance policy or premium finance for you, or in the case of any other service, when we commence providing that service to you.  Thus, if the insurance policy is subsequently terminated, amended or cancelled, you may not get back the full amount you paid, subject to any statutory cooling off rights you may have.

Upon request, we shall be pleased to provide details of any income we are due or have received as a result of placing your business.  Where you decide to enter into a credit agreement for the payment of premium, you will receive separate terms and conditions from the relevant premium finance company or insurer which will govern that arrangement.  You agree that, in accordance with the terms of any such agreement, we may instruct your insurer to cancel your policy if you are in default and that any return premium or other payment due from the insurer may be applied against your liability without further reference to you.

Protecting Your Money – For your protection, we hold money in a separate client account.  In some circumstances we may transfer your money to another FCA registered firm: however, your money will be protected at all times as per the requirement of FCA rules.  We reserve the right to retain any interest earned on this account.  

Your Duty of Disclosure – Consumers (Private and Personal Insurances):

You must take reasonable care not to make a misrepresentation to the insurer.  All answers you give and statements you make as part of your insurance application, including at renewal and when an amendment to your policy is required, must be honest and accurate.  If you deliberately or carelessly misinform the insurers, you could find that part of or all of a claim may not be paid.  In certain cases, your insurer may void the policy back to when cover started.

Your Duty of Disclosure – Non-Consumer Contracts (Commercial Insurances):

Where we arrange insurance for your trade, business, profession, charity or other entity, you have a duty under the Insurance Act 2015 to make a fair representation of the risk.  This includes:

  1. You must disclose every material circumstance which you, your senior management or anyone responsible for arranging your insurance knows or ought to know.
  2. You must disclose sufficient information to put the insurer on notice that it needs to make further enquiries to reveal those material circumstances.
  3. You are expected to carry out a reasonable search in order to make a fair representation of the risk and will be deemed to know what should reasonably have been revealed by the search.
  4. Your duty of fair representation applies at the start of the policy, at renewal and when your circumstances change.
  5. If you fail to make a fair representation, the insurer may refuse to pay your claim, reduce the settlement amount, or void cover from the start of the contract, depending on circumstances.

Complaints

  1. It is our intention to provide a high level of service at all times.
  2. If you have reason to make a complaint about our service you should contact us s soon as possible, using the contact details on the first page of this document.
  3. You may be entitled to refer the matter subsequently to the Financial Ombudsman Service (FOS) by telephone 0800 0234567.  Further information is available at http://www.financial-ombudsman.org.uk.
  4. If you do decide to refer any matter to FOS, your legal rights will not be affected.  We will provide a summary of our complaints handling procedures should you make a complaint which we cannot resolve informally.

Compensation Arrangements

  1. 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.
  2. Compensation depends on the type of business and the circumstances of the claim.
    1. Insurance advising and arranging is covered for 90% of the claim without any upper limit.
    1. For compulsory classes of insurance, insurance advising and arranging is covered for 100% of the claim, also without any upper limit.
  3. The compensation scheme does not apply to consumer credit.
  4. Further information about compensation scheme arrangements is available from the FSCS on 0800 678 1100 or 020 7741 4100 or by visiting http://www.fscs.org.uk.

How to Cancel

  1. You may have a statutory right to cancel this policy within a short period from the start of cover or renewal. 
  2. Please refer to your policy documents for further details. 
  3. If you cancel you will receive a proportionate refund of premium from the insurer, provided there have been no claims.  Insurers are also entitled to make an administrative charge.
  4. We may keep an amount that reflects the administrative costs of arranging and cancelling the policy.
  5. If you wish to cancel outside this period, you may not receive a proportionate refund of premium.

How to Claim

In the first instance please contact us, using our contact details above.  From experience, we’ve found it more effective if you keep us informed.  You may contact the insurer directly, using the information in your policy document.  If in doubt ‘phone us on +44 1332 380149.  If we believe it will benefit the claims process, we may advise you to appoint an independent specialist, which will be at your expense.

Money Laundering/Proceeds of Crime

We are obliged to report to the National Crime Agency any suspicion of money laundering or terrorist financing activity.  We are prohibited by law from disclosing any such report to you.

Sanctions

We perform checks against HM Treasury sanctions lists prior to placing your insurance.  Your insurer has the same duty, as does any claims management company prior to authorising the payment of any claim.

Adequacy of Insurance Values

It is your responsibility as the insured to ensure that all sums insured, and policy limits are adequate.  Whilst we seek to assist in establishing and maintaining insured values and indemnity limits, we are not valuers and cannot accept responsibility for their accuracy.

We strongly recommend that you consider appointing an appropriate professional (e.g. surveyor/accountant), to ensure that the sums insured and limits under the policy are suitable.

Conflicts of Interest

As insurance intermediaries, we generally act as your agent in advising you, arranging your insurance and assisting you in the event of a claim.  In certain circumstances we may act for and owe duties of care to insurers and/or other parties.  Where we become aware of any actual or potential conflict of interest, we will inform you of the situation, the options available to you, and obtain your consent before we proceed.

Termination

  1. You or we may terminate our authority to act for you at any time.  Notice of termination must be given in writing and will be without prejudice to the completion of any transactions already commenced.
  2. Any business currently in progress will be concluded unless we receive instructions to the contrary.
  3. Any premiums or fees outstanding will become payable immediately.
  4. We shall give you a minimum of 7 days’ notice.

Limitation of liability

We carry professional indemnity liability cover.

You and we agree that:

  1. Our maximum liability to you is £1,250,000, including costs, interest and all other disbursements for any one event or series of events.
  2. We do not exclude or restrict liability for death or personal injury.
  3. Any liability shall fall on Moneynotion Limited only, and not personally on any Director, manager or employee.

Law and Jurisdiction

These terms shall be governed by and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Moneynotion Limited

Updated 18/09/2023