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:
It is important for your own benefit and protection that you read these terms carefully. They contain details of our statutory and regulatory responsibilities and your contractual obligations on which we rely. If you are unsure about any aspect of our Terms of Business, your responsibilities or have any questions regarding our relationship with you, please contact us at eavi, Prospero, 73 London Road, Redhill, RH1 1LQ.
It is your responsibility to obtain authority to act for all joint policyholders and to keep them informed of matters relating to this agreement. If you require additional copies of this agreement, please let us know.
We may change the terms of this agreement from time to time to reflect changes in our services or where changes are required due to legal or statutory developments. Where we make changes, we will tell you about them before any policy renewal.
Our Commitment to You
We always aim to deliver a good service and support when you need it and to treat you fairly in all our dealings with you. This means that we will always conduct our business with skill, care and integrity and we will not put ourselves in a position where our duty to you is compromised. We will be transparent in all our dealings with you, always respect your confidentiality and deal with any complaints that may arise impartially and sympathetically.
We source and arrange products but do not offer advice or make recommendations when arranging bicycle insurance. However, we may ask some questions to narrow down the selection of products on which we will provide details; you will then need to make your own choice about how to proceed. We also provide business insurance and in these circumstances our role is to advise you and, after we have assessed your needs, to make a personal recommendation explaining why the product recommended meets your requirements. We will not, in any circumstance, guarantee the solvency of any insurer.
We act as an insurance intermediary, not an insurer. For bicycle insurance, we act as the agent of the insurer and not on your behalf. We only offer product from a single insurer for this type of cover, and do not provide a fair analysis of the market. This means our recommendation is based solely on the products provided by that insurer.
In respect of business insurance, we will usually act on your behalf when arranging your insurances, when helping you make any changes to your policy, when you renew your insurance and in the event of a claim. If there are any circumstances where we act as an agent of the insurer with regard to business insurance, we will let you know the capacity in which we act before we finalise your insurance arrangements.
We can only offer bicycle insurance through a single insurer.
For business insurance we provide a personal recommendation and select insurances from a fair and personal analysis of the market. We will give you further information about this before we finalise your insurance arrangements. Where we select products from a limited number of insurers you may ask us for a list of the insurers we deal with for these products.
If we propose using another intermediary to help place your business, we will confirm this to you in good time before any arrangements are finalised.
We may be able to offer finance for insurance instalments through Premium Credit Ltd (or through the insurer for business insurance). We will give you further information about this before we finalise your instalment arrangements.
We are covered by the 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 circumstances of the claim. If you are eligible to claim from the FSCS, compensation is available in relation to the insurance advising and arranging as follows:
Further information about compensation scheme arrangements is available from the FSCS on 0800 678 1100 or 020 7741 4100 or www.fscs.org.uk
We aim to provide you with a high level of customer service at all times but, if you are not satisfied, please contact the Operations Director in writing at eavi, Prospero, 73 London Road, Redhill, TH1 1LQ, by email at enquiries@eavi.uk, or call on 0800 840 7136
When dealing with your complaint, we will follow our complaint handling procedures; a summary of these procedures is available on request. If you are still not satisfied, you may be entitled to refer the matter to the Financial Ombudsman Service (FOS). For further information, you can visit the FOS website www.financial-ombudsman.org.uk
Access to the FOS is available for complainants coming from within one of the following categories at the time we receive their complaint:
In return for placing business with insurers, underwriters and/or other product partners, we generally receive a commission from them which is a percentage of the premium you are charged. We also charge you for handling your insurances as set out below. Any charge applied by us for the arranging of a new policy or the renewal of an existing policy will be clearly identified and shown separately prior to the conclusion of the contract. With regards to bicycle insurance, a charge of £15 will be made for each adjustment or issue of duplicate documentation. Where self-service adjustments are available online, there is no charge for duplicate documents or adjustments. With regards to business insurance, a charge of £25 will be made for each adjustment or issue of duplicate policy documentation. The total balance of all fees charged is due to payment immediately prior to commencement of cover or to the commencement of work undertaken by us and are non-refundable under any circumstance. In the event of policy cancellation or voidance we will charge a fee of £50. Where the charge results in a premium refund by the insurer, we will also charge 15% of the returned premium to replace commission reclaimed by the insurer.
You will receive a quotation which will tell you the total price to be paid, and which identifies any fees, taxed and charges separately from the premium before your insurance arrangements are concluded. On request, we will be pleased to provide information about any commission received by us in the handling of your insurances. We also draw your attention to the sections headed ‘How to cancel your insurance’ and ‘Ending your relationship with us’.
For arranging premium instalment facilities, we earn a variable amount of commission from our premium finance provider, which is usually a percentage of the interest that you pay. This means the amount you pay for credit and the overall cost of arranging your insurance will vary according to the interest charged by the lender and the amount of commission we earn. There may be occasions where there is a choice of instalment options which may charge different rates. Typically, we will not receive any commissions if policies are placed on direct debit arrangements with the insurer. We will receive commissions from the premium finance providers.
Using premium finance or paying an insurer direct debit arrangement (rather than paying the premium in one amount) makes the overall cost of the insurance more expensive.
A full breakdown of the cost of your insurance and the cost of credit will be provided as part of your new business or renewal quotation before you decide whether to proceed.
You are entitled, at any time, to request information regarding any commission which we may have received as a result of placing your insurance business or arranging premium finance. Please be assured that the way in which we are remunerated will not at any time conflict with our responsibilities to meet your needs and treat you fairly.
We normally accept payment by BACS or credit and debit cards.
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 premium and handling refunds due to client. In these circumstances, such monies are deemed to be held by the insurer(s) with which your insurance is arranged. You will be notified if Risk Transfer does not apply and such monies will then be held by us in a Non-Statutory Trust account pending payment. The establishment of a Non-Statutory Trust account follows the rules stipulated by the FCA to protect money held by authorised intermediaries. However, you should be aware that, under the Non-Statutory Trust account rules, we are permitted to use such monies temporarily held to advance credit to clients generally. A copy of the Deed of Trust is available on request or may be inspected at our premises during normal office hours. If you object to your money being held in a Non-Statutory Trust account, you should advise us immediately. Otherwise, your agreement to pay the premium together with your acceptance of these Terms of Business will constitute your informed consent to our holding your money in a Non-Statutory Trust account. Interest earned on monies held in such a Non-Statutory Trust account will be retained by us. For the purpose of some transactions, client money may pass through other authorised intermediaries before being paid to the insurer.
You should make any request for the cancellation of a policy in writing to the contact details within this Terms of Business, either by letter or e-mail and, where requested, any relevant certificate of insurance must be returned to us or the insurer concerned. In the event of cancellation, charges for our services apply in accordance with the ‘How we are paid 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.
You should be aware that any costs incurred by us from a third party such as a debt collection agency, legal professional or bailiff whilst in the course of collecting a debt from you will be added to the overall amount of debt outstanding.
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 of fees, commission clawback by insurers where instructions are given to another party to handle the customer’s insurance(s), failure to provide requested documentation or information, deliberate failure to comply with terms set out within the TOB 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.
If you are a consumer, you are Responsible for answering any questions in relation to any proposal for insurance cover honestly and to the best of your knowledge, providing complete and accurate information which insurers will require. This also applies to your responses in relation to any assumptions you may agree to in the process of applying for insurance cover. This is particularly important before taking out a policy but also at renewal or if you have a mid-term amendment to your policy. If you fail to disclose information, or misrepresent any fact which may influence the insurer’s decision to accept the risk or terms offered, this could invalidate the policy and mean that claims may not be paid.
If you are a commercial customer you have a duty to give a fair representation of risk to the insurer. This means that you should disclose every material circumstance relevant to the risk being insured following a reasonable search within your business to identify and verify such information.
This should include information which you and, where applicable, senior management, persons responsible for arranging your insurance or other relevant third parties know or ought to know and should include all information that would influence the judgement of the insurer all that would put the insurer on notice that it needs to make further enquiries.
Examples of material circumstance are:
The information must be presented in a way which would be reasonably clear and accessible to a prudent insurer. If you are unsure whether to disclose any information you should speak to us. You need to take into account the size and complexity of your business, and allow sufficient time before your renewal date to consider and/or assess your insurance requirements.
Failure to provide a ‘fair representation’ may result in a number of remedies by the insurer. If the breach was deliberate or reckless the insurer can void the contract and keep the premium. If the breach was not deliberate or reckless the insurer can void the contract, proportionately reduce a claim settlement or amend the insurance policy terms and conditions then review the merits of a claim on this basis.
You should therefore always provide complete and accurate information to us when we ask you about the insurance risks your business faces before taking out a policy, at renewal and throughout the life of the policy. This also applies to your responses in relation to any assumptions you may agree to in the process of applying for cover.
You must check all details on any proposal form or Statements 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 or mean that claims may not be paid.
Our aim is to provide you with your policy documentation in a timely manner confirming the basis of cover and giving details of the insurer(s). You should examine any insurance documents we send you very carefully to ensure that they meet your requirements. If you believe they are incorrect or inadequate for your needs, you must advise us immediately.
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.
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 and the UK-retained provisions of the EU General Data Protection Regulation (UK GDPR). The personal data we will collect will include information relating to your name, address, date of birth, contact details, health and criminal offences.
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 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 data@eavi.uk
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 of 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 e-mailing data@eavi.uk. How we process your personal data is detailed further within our Privacy Notice: www.eavi.uk/privacy-policy
We and other firms involved in arranging your insurance (insurers, premium finance companies) may use public and personal data from a variety of sources, including credit reference agencies and other organisations. This 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 matter, please do not hesitate to contact us.
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.
You should take notes 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.
We are obliged to conduct reasonable due diligence to protect you and us against the risk of financial crime. We may require you to provide evidence to assist us with verifying your identity and any payment details you provide to us to ensure that the transactions that we conduct on your behalf are legitimate.
Neither party shall be involved in the offering, promising or giving of any financial or other advantage to any person in breach of any applicable anti-bribery laws (including the Bribery Act 2010). We are obliged to report evidence or suspicion of financial crime to the relevant authorities at the earliest reasonable opportunity and may be prohibited from disclosing any such report to you.
We shall not provide any services, provide any benefits or make any payments to any client that is the subject of any trade and economic sanctions or embargoes or provide any services to any client located, organised in or resident in a country or territory that is the subject of comprehensive country sanctions.
We will carry out checks of the consolidated list of financial sanctions targets designated by the United Nations, the European Union and the United Kingdom and maintained by the Office of Financial Sanctions (OFSI) for all customer transactions. If sanctions apply we are obliged to report the transaction to the relevant authorities and, in such cases, we shall not make any further payments or process already notified claims and insurers may invoke cancellation rights to terminate affected insurance contracts.
These terms are governed by and constructed in accordance with the Laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales.