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POST OFFICE MONEY BUSINESS INSURANCE Terms of Business Agreement

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POST OFFICE MONEY BUSINESS INSURANCE Terms of Business Agreement Post Office Money is a registered trademark of the Post Office and is used under licence by Arthur J. Gallagher Insurance Brokers Limited.
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POST OFFICE MONEY BUSINESS INSURANCE Terms of Business Agreement Post Office Money is a registered trademark of the Post Office and is used under licence by Arthur J. Gallagher Insurance Brokers Limited. Post Office Money Business Insurance is arranged and administered by Arthur J. Gallagher Insurance Brokers Limited and policies are arranged by a panel of insurers, the details of which are available upon request from Arthur J. Gallagher Insurance Brokers Limited. Arthur J. Gallagher Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority, FRN Registered office: Spectrum Building, 7th Floor, 55 Blythswood Street, Glasgow, G2 7AT. Registered in Scotland. Company Number: SC Scope and application Post Office Money Business Insurance is arranged and administered by Arthur J. Gallagher Insurance Brokers Limited ( AJGIBL ). This agreement, together with any separate written agreement between you and AJGIBL, sets out the terms on which we agree to act for you. If you are a company, unless otherwise expressly stated in any separate written agreement between you and AJGIBL, you agree to and accept the terms of this agreement on your own behalf and on behalf of each of your group companies (but only where such group companies are receiving the benefit of our Post Office Money Business services). You shall ensure that each of your group companies will act on the basis that it is a party to and bound by the agreement. All references in this agreement to you and your shall mean you and each of your group companies. Please note that this agreement does not replace any other agreement you may have with AJGIBL outside of Post Office Money Business Insurance. In this agreement we, us and our means AJGIBL. References to insurers shall include insurers, underwriters, managing agents or, where applicable, reinsurers with whom we place business. As appropriate, references to insurance or insured shall include reinsurance and reinsured respectively. It is important that you read this agreement carefully as it contains details of our statutory and regulatory responsibilities and your contractual obligations. If there is anything you do not understand in this agreement you should inform us within 20 business days of receipt of this agreement or before you ask us to quote for, advise on, arrange or handle your insurances, whichever is the sooner otherwise we will assume you are providing your informed consent to this agreement. We specifically draw your attention to the following sections: (a) What do we do? (b) How are we paid for our services? (c) How do we handle your money? (d) Your responsibilities (e) Termination of this agreement Where your business is operated within an incorporated company, trust, limited liability partnership or partnership, we shall be entitled to assume that the recipient of this agreement has obtained authorisation or is entitled to consent to these terms on behalf of the corporate body, trust, limited liability partnership or partnership. This agreement shall supersede any Post Office Money Business Insurance terms of business agreement that we may have previously sent to you. If you have a separate service level agreement in place with us then the terms of such agreement must be read in conjunction with this agreement. In the event of a conflict, the terms of your service level agreement will take precedence over this agreement. We reserve the right to amend this agreement in the future where we are required to do so to comply with any legal or regulatory obligation. Details of any such changes will be notified to you. If we wish to amend this agreement for any other reason, we will notify you in advance and you shall have the right to terminate this agreement within 20 business days of such notification. Who are we? AJGIBL is a company incorporated in Scotland (registered number SC108909) whose registered office is at Spectrum Building, 7 th Floor, 55 Blythswood Street, Glasgow, G2 7AT. You can find out more about us at We are authorised and regulated by the Financial Conduct Authority ( FCA ). Our FCA firm reference number is We are permitted by the FCA to conduct business as a general insurance intermediary. You can verify these details by visiting the FCA s website (www.fca.org.uk/register) or by contacting the FCA on ( from overseas). What do we do? As an independent insurance intermediary, we usually act for you. We offer access to general insurance products and services provided by a range of UK and international insurers, including Lloyd s of London. Our services to you may include (but are not restricted to): advising you on your insurance needs, arranging insurance policies with insurers in order to meet those needs and any other related services. We will also help you to make changes to your insurance policy if required and will remind you when your policy is due for renewal as appropriate. Unless your policy states otherwise, we will provide you with assistance in submitting a claim and with obtaining reimbursement from insurers. In certain circumstances, we may act for your insurer, for example, where we have delegated underwriting authority and/or claims settlement authority. In cases where we are acting on behalf of the insurer, we will be acting as their agent. We always aim to treat you fairly and avoid conflicts of interest. We never deliberately put ourselves in a position where our interests, or our duty to another party, prevent us from discharging our duty to you. In the event that a conflict of interest arises that is complex or difficult to manage, we will discuss this with you. If you have any concerns in relation to conflicts of interests, please contact us. 2 Only upon receipt of your instructions can we place cover for you. Cover is not in place until we have confirmed it to you in writing or we have issued a cover note. For the avoidance of doubt, we do not offer advice in relation to tax, accounting, regulatory or legal matters (including sanctions) and you should take separate advice as you consider necessary regarding such matters. How are we paid for our services? Payment for our services may be by way of: a) a fee that we agree in advance with you; b) brokerage/commission, which is a percentage of the insurance premium paid by you and given to us by the insurers with whom we place your business; or c) reasonable charges in addition to any insurance premiums for the administration, arranging, amending, renewing and cancelling of any policy of insurance. Payment for our services may be a combination of a) b) and c). The taxation element of any insurance premium is not subject to commission. Details of any fees/charges will be declared to you in advance of them being incurred so that you are able to make an informed decision. Where we are not able to provide an actual fee/charge, we will provide you with the basis of calculation of any fee/charge. We may receive additional payments such as a profit share or profit commission from insurers payable under a delegated underwriting authority or other facility or individual contract in recognition of overall profitability. We may also earn income from arranging premium finance. We may earn income from insurers or other sources in other ways. For example, we may receive income from insurers for certain services provided solely on their behalf (Insurer Services Agreement) ( ISA ). We are committed to transparency in our relationship with you and, upon request, we will be pleased to provide information regarding any earnings we may receive or may have received as a result of placing your business. Any disclosures relating to ISA income will include income received by other members of the AJGIBL group so far as such income specifically relates to providing services on your behalf in respect of Post Office Money Business Insurance Unless we have specifically agreed otherwise, and subject to regulatory requirements, we earn our entire brokerage/commission or fees when we place the insurance policy for you. This means that if the insurance policy is subsequently terminated, amended or cancelled you may not get back the full amount you paid. For consumers, this does not affect any statutory cooling off rights you may have. Which insurers do we use? In finding a suitable insurance solution that meets your requirements, which may include placing your business under a delegated underwriting authority, we may conduct a market analysis of potential insurers. Depending on your needs, we may only consider a specific product from a single insurer, or products from a small selection of relevant insurers. A list of insurers we use is available on request. We use publicly available information, including information produced by credit rating agencies, to identify insurers with whom we will consider placing your business. We do not guarantee the financial status of any insurer. In the event of an insurer experiencing financial difficulties, you may still have a liability to pay premium and we are not responsible for any shortfall in amounts due to you in respect of any claims. How do we maintain your privacy? We are registered as a Data Controller under the Data Protection Act 1998 and we will comply with the Act in all our dealings with personal data. We undertake to treat all your personal data as confidential and appropriate organisational and technical measures will be taken to protect it. We will use your personal data for insurance broking services which shall include placing of insurance on your behalf, insurance administration and handling claims. We may share your personal data with other companies from the Arthur J. Gallagher group, the FCA or any successor regulatory body, third parties such as your insurers, other service providers, crime agencies and other governmental agencies in order to prevent and detect crime. In some circumstances, it may be necessary to transfer your information (which may include personal data and sensitive personal data) outside the European Economic Area. In doing so, we will undertake appropriate technical and organisational measures to ensure it is protected. Records are kept as required under various statutory and regulatory requirements. Occasionally we or other companies from the Arthur J. Gallagher group may contact you about products or services that might be of interest to you. If you do not wish to be contacted in this way please get in touch with your usual Post Office Money Business representative in order to opt out. How do we handle your money? 3 In our role as an intermediary between you and your insurers we may hold money either paid by you to be passed on to insurers or paid to us by your insurers, to be passed on to you. For your protection, we handle your money according to detailed FCA rules designed to minimise the risk that, in the event of our financial failure, you may lose some or all of the money that we are holding on your behalf. Insurer Money (money we hold as agent of an insurer): Where we have an agreement with your insurer to hold money as their agent, any premiums you pay to us are treated as having been received by the insurer. Claims payments and/or premium refunds will be treated as received by you when they are actually paid to you. Client Money (money we hold as your agent): Where we do not have an agreement with your insurer to hold money as their agent, we will hold premiums you pay to us as your agent. Money we receive from your insurer which is payable to you will be your property whilst we hold it. This money is referred to as Client Money. FCA rules require that Client Money is kept separate from our own money. As permitted by the rules, we hold Client Money with an approved bank, segregated in a client account subject to a Non- Statutory Trust ( NST ). The aim of the NST is to protect you in the event of our financial failure. In that circumstance our general creditors will not be able to make claims on Client Money held in the client account. Under the FCA rules we are permitted to use Client Money held in the NST on behalf of one client ( Client A ) to pay another client s premium ( Client B ) before such premium is received from Client B. We are also permitted to make claims payments/premium refunds to other clients before monies are received from the insurer. Although there may be occasions when we do this, it is not our policy to routinely cross-fund in this way. For the avoidance of doubt, we are not permitted to use Client Money to pay ourselves commissions before we receive the relevant premium from the client. We may also arrange to place Client Money into investment funds so far as permitted under the FCA s rules. If we do this, we will be responsible for meeting any shortfall in Client Money which is attributable to any fall in market value of such funds. Any earnings on such investments and any interest earned on Client Money held by us will be retained by us for our own use, rather than paid to you. Co-mingling of insurer and client monies: We may hold both insurer and Client Money together in the NST when permitted to do so by the FCA. As money held on either basis is protected in the NST, we will not normally inform you on which basis we hold the money we have received from you or on your behalf. Payment to third parties: We may transfer Client Money to another person, such as another broker or settlement agent, for the purpose of effecting a transaction on your behalf through that person. This may include brokers and settlement agents outside the UK. The legal and regulatory regime applying to a broker or settlement agent outside the UK may be different from that of the UK and, in the event of a failure of the broker or settlement agent, this money may be treated in a different manner from that which would apply if the money were held by a broker or settlement agent in the UK. You may notify us in advance if you do not wish your money to be passed to a person in a particular jurisdiction. Financial Services Compensation Scheme We are covered by the Financial Services Compensation Scheme ( FSCS ). You may be entitled to compensation from the FSCS if we cannot meet our obligations. This depends on the type of business, certain eligibility criteria and the circumstances of the claim. Further details regarding the FSCS are available online at or by calling ( from overseas). Your responsibilities Businesses: Every insured or proposer for the insured, when seeking a new policy of insurance or cover for additional risks or renewal under an existing policy, must disclose any material information that might influence the insurers decision in fixing the premium or determining whether to accept the risk or the terms upon which the insurer wishes to accept the risk. If you are in any doubt as to your obligations, you should contact us. For certain types of insurance covers you may be required to complete and sign a proposal form or questionnaire. Take care to ensure that the information you provide is complete and accurate. Note that if you are aware of anything that you feel may be material to the proposed policy you should disclose it, even if there does not appear to be a question on the proposal form or questionnaire that covers the particular point. If you are in any doubt as to whether information is material, you should disclose it. Failure to disclose all material information may result in your policy being treated as if it had not existed. Consumers: Consumers must take reasonable care to answer all questions honestly and to the best of their knowledge and belief and not to make a misrepresentation to the insurer. 4 Providing details that are untrue, inaccurate or incomplete may result in the refusal of a claim, alteration of policy terms, insurers reducing the amount of your claim they pay to take account of any increased premium they would have charged and/or your policy being cancelled or treated as if it never existed. If any of the information you provided when you took out your insurance is or becomes inaccurate, you should contact us to correct this. Anti-bribery, corruption and financial crime If you are a business, you will ensure that at all times you comply with all applicable laws, statutes and regulations relating to anti-bribery and corruption. In particular, you shall comply with each of the Bribery Act 2010 of the United Kingdom and the Foreign and Corrupt Practices Act 1977 of the United States as well as any other applicable legislation. Please be aware that current anti-money laundering regulations require us to obtain adequate Know Your Client information about you. In order to prevent bribery, corruption or other financial crime, additional due diligence may be carried out. Further steps may be taken which include notification to the relevant authorities, status and credit checks using credit reference agencies, and other background checking, as deemed appropriate. You should also be aware that some policies may include clauses specifically dealing with international sanctions imposed on states/individuals/entities. We recommend you pay special attention to such clauses as they may affect insurance cover under your policy. Your premium payment obligations Insurers require you to pay premium at, or prior to, commencement of each policy, or as otherwise specified under the policy terms. You must pay all monies due in cleared funds in accordance with the amounts and on or prior to the dates specified in our invoice(s). If payment is not made within that period, insurers may cancel your policy. Insurers may also require that you pay a premium in relation to the time that you have been on risk. It is therefore very important that you meet all payment dates. You may be able to spread your payments through a credit scheme operated by a premium finance company or insurer. Please note that we can only pay premium to insurers on your behalf once we have cleared funds from you or the premium finance company. You should also note that we, (where permitted) acting on behalf of the insurer, or the insurer may cancel your policy should you be in default of the credit scheme. Where you decide to enter into a credit scheme 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. Your policy documentation You will receive written terms and conditions of any insurance policy we arrange for you. Please check these documents and advise us as soon as reasonably practicable if the terms of the cover arranged are not in accordance with your requirements. Please pay special attention to the claims notification provisions and to any warranties and conditions as any failure to comply with these terms may invalidate your cover. Documentation relating to your insurance will confirm the basis of the cover and provide details of the relevant insurers. It is therefore important that you keep all of your policy documentation in a safe place. It is our current practice to retain customer information for at least six years. After this period, your information may be destroyed at our discretion without notice to you. Making a claim It is your duty to notify all claims and/or circumstances that may give rise to a claim as soon as possible in accordance with the terms and conditions of any claims notification provisions in your policy documentation. If you are unsure whether a matter needs to be notified please contact us and we will advise you. You should not admit liability without liaising with us, your insurer or someone acting on their or our behalf. Where we handle claims on your behalf, we will do so fairly and promptly. If we receive claims payments for you, we will remit them to you as soon as reasonably practicable after receipt. Where premiums (including an instalment under any credit scheme) remain due from you, we may
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