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 ‘The processing of your personal data’, specifically the sub-section titled ‘Credit checks’; and
• The section headed ‘Handling money’, which explains our terms for handling client money in a Non-Statutory Trust account.
For your own benefit and protection, you should read these terms carefully. If you are unsure about any aspect of our Terms of Business or have any questions regarding our relationship with you, please contact us using the contact details provided.
The Financial Conduct Authority
Basil Fry & Company – The Removers’ Broker and Basil Fry & Company – Self Storage Risk Solutions are trading names of Basil E. Fry & Co. Ltd. Basil E. Fry & Co. Ltd. is Authorised and Regulated by the Financial Conduct Authority. Basil E. Fry & Co. Ltd. is a limited company registered in England and Wales. Registered number: 1435130. Registered office: As above.
We are permitted and authorised to carry out the following Regulated Activities:-
• Advising on Non Investment Insurance Contracts
• Arranging (bringing about) deals on Non Investment Insurance Contracts
• Making arrangements with a view to transactions in Non Investment Insurance Contracts
• Dealing in Non Investment Insurance Contracts as agent
• Assisting in the administration and performance of Non Investment Insurance Contracts
Our Financial Conduct Authority reference number is 309678. If required we can provide full details of our registration, scope of permission, Approved Persons and Appointed Representatives or you may obtain this information from Financial Conduct Authority at 25 The North Colonnade, Canary Wharf, London E14 5HS. Tel: 0800 111 6768. You may check this on the Financial Services Register by visiting the FCA’s website, www.fsa.gov.uk/register/ or by contacting the FCA on 0800 111 6768.
Our Products and Services
We offer a range of insurance products including dedicated schemes together with risk management services to our Clients. We act on your behalf in arranging your insurance and our services include:
• Advice on risk exposure and insurance needs
• Arranging cover to meet requirements
• Help with ongoing changes
• Assistance with claims
For certain types of insurance we are authorised to issue policy documentation and/or handle claims on behalf of the insurers.
Where we provide advice relating to the layout or wording of your own documentation or contract conditions including the supply of model conditions we accept no liability for the same. Our advice will follow current practice but to be completely certain of your position you should obtain appropriate legal advice.
Our Duty to You
We will discuss with you your insurance requirements the scope of cover and potential prices. On receipt of your instructions, whether written or oral, we will conduct negotiations on your behalf with Insurers concerning cover, policy, premium and claims.
Our product range and the range of insurers used
Where requested, and on demand, we will provide you with an up to date list of the Insurance Undertakings we deal with, for each type of insurance contract. We will confirm details in writing of all cover effected including the identity of the Insurers and will provide you with a Policy Summary, if not previously provided. As specialist Insurance Brokers to the Removals Industry it is our general practice to only offer terms from our scheme insurers. We will not in any circumstances act as an insurer nor guarantee or warrant the solvency of any insurer.
We will give full information about premium payment options. Where available, we will offer payment terms provided by the Insurer, ourselves or possibly by a third party. Conditions for credit terms vary and we will provide full details at the time of purchase.
Documentation and Confirmation Cover
We will provide you with cover notes and/or written confirmation of cover or amendments arranged together with all necessary further details as soon as possible and normally within fourteen days. You agree that it is solely your responsibility to ensure that cover has been bound on the correct terms and to advise us immediately if the information does not reflect your instructions or requirements. Amendments to existing insurances are normally dealt with on the day your instructions are received, or the next working day if a weekend or public holiday. If additional information is required to enable us to deal with your instructions we will contact you as quickly as possible. Please note instructions sent by post or email are not deemed to be received until they reach the relevant personnel in our offices. Our aim is to produce documentation and correspondence in a clear and understandable format. In the event of any uncertainty we would ask you to let us know immediately. We are always happy to clarify the cover provided.
Complaints and compensation
We aim to provide a high level of customer service but should there be an occasion when we do not meet your expectations please contact us preferably in writing, with details of your complaint.
Postal Address: As below.
Telephone: +44(0)1372 385 985
We will acknowledge your complaint within 5 working days, tell you the name of the complaint handler and when you can expect to receive a full response. We will normally be able to respond in writing within 20 working days but sometimes the time-scale can be longer if the complaint is complicated or information is required from a third party. We will keep you informed if this is the case.
If you are still not satisfied, you may be entitled to refer the matter to the Financial Ombudsman Service (FOS). 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 90% of the claim without any upper limit. For compulsory classes of insurance (such as Third Party Motor or Employers Liability), insurance advising and arranging is covered for 100% of the claim, without any upper limit. For further information you can visit FOS website www.financial-ombudsman.org.uk or please contact us to establish if you are an eligible complainant.
We are covered by the Financial Services Compensation Scheme (FSCS) for our insurance mediation activities. 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. Further information about compensation scheme arrangements is available from the FSCS on 0800 678 1100 (freephone) or 020 7741 4100 or www.fscs.org.uk.
All activities undertaken by us on your behalf are for your exclusive use and all data, recommendations, proposals, reports and other information provided by us in connection with our services are for your sole use. Information downloaded from our website with our express permission is for your sole use. You agree not to permit access to any of the above information by any third party without our express written permission. We expect you to treat any communication or information from us as confidential in the same way as you expect us to treat any communication or information from you.
Payment for our services
Insurance Policy Mediation
We are remunerated for our service by receiving a percentage of the insurance premium by way of commission or brokerage. On request, we will be pleased to provide information about any commission received by us in the handling of your insurances or for the work that we do for the insurers. Alternatively or additionally we may charge you a fee. We may earn additional income from Insurers to reflect our efficiency and/or profitability and from interest in the processing and collection of premiums. Brokerage and fees are earned for the policy period and we will be entitled to retain all fees and brokerage in relation to policies placed by us in respect of the full policy period.
We reserve the right to make an administration charge for issuing replacement or extra copies of policies, certificates or cover notes. A fee of not more than £25.00 will be charged for issuing a cover note for short term vehicle changes. In the event of midterm cancellation or your withdrawing or changing instructions we reserve the right to charge a fee to cover administration costs. Where return premiums are due to you on premium adjustments we reserve the right to deduct our commission from the payment made to you.
Insurance Claim Mediation (Transit/Storage Related Claims under our Schemes)
We are remunerated for our services by means of a claim settling fee payable by Insurers.
Non-Insured Claim Mediation (Transit/Storage Related Claims)
Where we mediate on your behalf in the absence of Insurance (because of an excess or deductible or for any other reason) we will charge you a fee for our services. This fee will be agreed prior to our carrying out any work on your behalf.
Our financial arrangements with most insurance companies are on a ‘Risk Transfer’ basis. This means that we act as agents of the insurer in collecting premiums and handling refunds due to clients. In these circumstances such monies are deemed to be held by the insurer(s) with which your insurance is arranged. However, if ‘Risk Transfer’ does not apply, such monies will be held by us in a Statutory Trust account set up in accordance with FCA rules. Interest earned on monies held in such a Statutory Trust account will be retained by us.
Cancellation of insurances
You should make any request for the cancellation of a policy in writing and any relevant certificate of insurance must be returned to us. In the event of cancellation, charges for our services will apply in accordance with the ‘Payment for our services’ section above. 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 before the policy expires.
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. Valid reasons may include but are not limited to non-payment of premium or fees, failure to provide requested documentation or information, deliberate failure to comply with terms set out within the Terms of Business Agreement or insurer’s documentation, deliberate misrepresentation or non-disclosure or attempted fraud, Use of threatening or abusive behaviour or language, or intimidation or bullying of our staff or suppliers.
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.
You are responsible for providing the complete and accurate information which 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 Fact and pay particular attention to any declaration you may be asked to sign. Where we have helped to complete a Proposal Form for you, it is your responsibility for checking accuracy and disclosure rests with you.
Sums Insured or Policy Limits
It is your responsibility to ensure that sums insured or other policy limits are adequate. If sums insured are understated Insurers may reduce claims settlements by the percentage underinsured. If policy limits are inadequate, you may suffer financial loss.
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.
It is your responsibility to comply with the payment date and/or any terms of credit referred to in our invoice or other relevant payment document. Failure to meet payment dates may cause Insurers to cancel or void the policy.
You will pay all sums due to us by the due dates specified in the invoices or insurance documentation requesting such payment.
The processing of your personal data
In your dealings with us you may provide us with information that may include data that is known as personal data. Where we process personal data we comply with statutory data processing requirements as set out by the Data Protection Act 2018. The personal data we will collect will include, but not be limited to, information relating to your name, address, date of birth, contact details, health, criminal offences, bank account details and IP address.
We will process your personal data to allow us to provide you with our services as your insurance broker in quoting for, arranging and administering your insurances and in arranging insurance premium finance where applicable. Your personal data will also be used to manage future communications between ourselves. Where you have agreed, or in circumstances where to do so will be in our mutual interests, your personal data will be used to provide you with further information about our wider products and services. You can opt out from receiving such communications by e-mailing firstname.lastname@example.org.
In processing personal data for insurance purposes about health or criminal offences, we will only do so to enable us to provide our service to you and on the basis of it being in the public interest.
We will only use your data for the purpose for which it was collected. We will only grant access to or share your data within our firm or other firms associated with us , with other authorised third parties and product and service providers such as insurers and premium finance providers where we are entitled to do so by law under lawful data processing.
The Data Protection Act 2018 provides you with Access Rights that allow you to gain an understanding on the data being processed, who we share it with, for what purpose, why we need to retain it and retention periods, to object to the processing and to place restrictions on the processing, to request copies of your data and to request the deletion of your data.
If you require further information on how we process your data or you wish to exercise your rights, please contact our Data Privacy Representative by emailing email@example.com or in writing or via telephone using the contact details above. How we process your personal data is detailed further within our Privacy Notice (available at www.basilfry.co.uk/client-privacy-notice).
We, and other firms involved in arranging your insurance (insurers, other intermediaries or premium finance companies) may use public and personal data from a variety of sources including credit reference agencies and other organisations. The information is used to help tailor a price, to ascertain the most appropriate payment options for you and to help prevent fraud. Any credit reference search will appear on your credit report whether or not your application proceeds. If you have any questions about this or any other matter, please do not hesitate to contact our Data Privacy Representative.
Conflict of interests
Occasions can arise where we, or one of our associated companies, 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 we will detail the steps we will take to ensure fair treatment.
Making a Claim
Claim Handling Arrangements (other than transit/storage related claims under our schemes)
You should take note of the required procedures in the event of a claim, which will be explained in the policy documentation. Generally, insurers require immediate notification of a claim or circumstances which might lead to a claim. We will employ due care and skill if we act on your behalf in respect of a claim.
If your claim involves damage to third party property or injury to persons please pass copies of all correspondence, including solicitors’ letters, to us immediately and unanswered. You must not attempt to negotiate or respond to the incident and/or correspondence without prior reference to your insurers or us.
Claim Notification of Transit/Storage Related Claims under our Schemes
Claims under our transit/storage related schemes should be reported to our claims division, RCS, as provided by the relevant policy or certificate or other documentation with which you have been provided. RCS acts on behalf of insurers when negotiating and settling claims and not yourselves.
Contracts (Right of Third Parties) Act 1999
The provisions of the above Act do not apply to this Terms of Business Agreement.
The law of England and Wales will apply to this Terms of Business Agreement unless you request otherwise and we agree in writing. If your business is situated in a country other than England or Wales you may choose to apply the law of that country with prior agreement in writing.
Our Contact Details
Registered Business: Basil E. Fry & Co. Ltd.
Company Number: 01435130
KT22 8AH, United Kingdom
Telephone: +44(0)1372 385 985