Please read this document carefully; it sets out the terms (“Conditions”) on which Qdos Broker and Underwriting Services Limited (“we”, “our”, “us”) agrees to act for you and contains details of our regulatory responsibilities.
Company name: Qdos Broker and Underwriting Services Limited
Registered address: The Grange, Grange Avenue, Rearsby, Leicestershire, LE7 4FY
Registered number: 06012716
Telephone: 0116 269 0999
Email – sales enquiries: [email protected]
Email – compliance: [email protected]
Website address: www.qdoscontractor.com
Qdos Broker and Underwriting Services Limited is a wholly owned subsidiary of HCC International Insurance Company plc, a member of the Tokio Marine Group of Companies.
By asking us to quote for, arrange or handle insurances, or to provide consultancy services, you are providing your informed agreement to these Conditions.
These Conditions should be read fully and carefully. If you have any uncertainty or any questions regarding the relationship between us, please contact us at the above address.
Qdos Broker and Underwriting Services Limited is authorised and regulated by the Financial Conduct Authority (FCA) with Financial Services Register number 460886.
Our permitted business is introducing, advising, arranging, dealing as agent, and assisting in the administration and performance of general insurance contracts.
This can be checked on the Financial Services Register by visiting the FCA’s website, https://register.fca.org.uk/s/ or by contacting the FCA on 0800 111 6768.
The following definitions and rules of interpretation apply in these Conditions.
(a) Unless expressly provided otherwise in this Contract, a reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time; and shall include all subordinate legislation made from time to time under that legislation or legislative provision.
(b) Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(c) A reference to writing or written includes email.
2. Basis of contract
2.1 The Order constitutes an offer by you to purchase Services from us in accordance with these Conditions.
2.2 The Order shall only be deemed to be accepted by us when you make payment to us of the Charges in cleared funds and we issue written acceptance of the Order by way of an Order Confirmation, at which point the Contract shall come into existence (Commencement Date).
2.3 You must check the content of the Order Confirmation and immediately notify us if there are any discrepancies. If you do not notify us of any such discrepancies (time of the essence), you shall be bound by the details contained, mentioned or referred to in the Order Confirmation subject at all times to the cancellation rights in relation to the Insurance Services as set out in Schedule 1.
3. Our General Obligations
3.1 We shall supply the Services in accordance with the Order Confirmation in all material respects, using reasonable care and skill.
4. Insurance Services
4.1 Where an Order for Insurance Services is accepted by us, we shall supply the Insurance Services to you in accordance with Schedule 1.
5. Consultancy Services
5.1 Where an Order for Consultancy Services is accepted by us, we shall supply the Consultancy Services to you in accordance with Schedule 2.
6. Your obligations
6.1 You shall:
(a) ensure that the terms of the Order and any information contained in the Order Confirmation are complete and accurate;
(b) co-operate with us in all matters relating to the Services;
(c) provide us with such information and materials as we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects; and
(d) comply with any additional obligations as set out in the Order Confirmation and/or the Schedules annexed to these Conditions and forming part of the Contract.
6.2 If the performance of any of our obligations under the Contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Default) we shall have the right to suspend performance of the Services until you remedy the Default and shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from the failure or delay to perform any of our obligations as set out in this Condition 6.2.
7. Charges and payment
7.1 The Charges for the Services shall be set out in the Order Confirmation or as otherwise determined in accordance with Schedule 1 and/or Schedule 2 and shall be payable by you in accordance with those schedules.
8. Intellectual property rights
8.1 All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by you) shall be owned by us.
9. Data protection
9.1 We will use any personal information provided to it by you in order to:
(a) provide the Services;
(b) process payment for the Services;
(c) manage future communications with you; and
(d) inform you about similar products and/or Services that we provide, albeit you may opt out from receiving such communications at any time by emailing [email protected].
9.3 For the avoidance of doubt, we, and other firms involved in arranging any Insurance Policy (insurers and/or other intermediaries where applicable) 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 and to help prevent fraud. If you apply for credit, any credit reference search will appear on a credit report whether or not the application proceeds.
10. Complaints and Compensation
10.1 We aim to provide a high level of customer service at all times, but if you are not satisfied, our customer service team can be contacted via email [email protected], telephone 0116 269 0999 or in writing to: Feedback, Qdos Contractor, The Grange, Grange Avenue, Rearsby, LE7 4FY.
10.2 When dealing with a complaint, we will follow our complaint handling procedures. Please refer to the “feedback and complaints” section at https://www.qdoscontractor.com/contact-us/feedback-complaints for further information and guidance.
10.3 If you have a complaint in relation to Insurance Services and remain dissatisfied after we have exhausted our complaints handling process, you may be entitled to refer the matter to the Financial Ombudsman (FOS). For further information please visit the FOS website www.financial-ombudsman.org.uk.
10.4 Access to the FOS is not available for complaints that do not relate to Insurance Services, nor for businesses (i) employing 10 persons or more and with a turnover or annual balance sheet total exceeding €2m, or (ii) with an annual turnover of £6.5m or more, and 50 employees or more with an annual balance sheet total of £5m or more; a charity with an annual income of £6.5m or more; or trustees of a trust with a net asset value of £5m or more).
10.5 We are covered by the Financial Services Compensation Scheme (FSCS) for 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.
If you are eligible to claim from the FSCS, compensation is available in relation to insurance advising and arranging as follows:
11. Limitation of liability
11.1 Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for death, personal injury, fraud or fraudulent misrepresentation.
11.2 Subject to Condition 11.1, our liability to you for direct losses arising from breach of contract, breach of duty, fault or negligence, or otherwise arising out of or in connection with this Contract shall be limited to a total aggregate amount of £5,000,000.
12.1 This Contract shall end on the date on which we have provided the Services in accordance with these Conditions, subject at all times to any earlier termination pursuant to the Schedules to the Contract.
12.2 On termination or expiry of the Contract you shall immediately pay to us all of the outstanding unpaid invoices and interest (if applicable) and, in respect of Services supplied but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt.
12.3 For the avoidance of doubt, other than where the Contract is terminated in accordance with Paragraph 21 of Schedule 1, the provision of Insurance Services will not terminate by virtue of the termination or expiry of the Contract and shall continue for the remaining duration of each Insurance Policy.
13.1 Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
13.3 Variation. We reserve the right to amend these Conditions from time to time. The Conditions applicable to the Order will be presented to you during the Order process (for Orders placed via our website) or otherwise provided to you via email (for Orders placed via telephone or email communications).
13.4 Conflict of Interest.
(a) For the avoidance of doubt Qdos Broker and Underwriting Services Limited is wholly owned by HCC International Insurance Company plc, which for the purposes of these Conditions will not be deemed to be a conflict of interest and by agreeing to these Conditions you acknowledge and accept that we provide the Services on this basis.
(b) Occasions may 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 shall write to you and obtain your consent before carrying out your instructions and will detail the steps we will take to ensure fair treatment.
(a) Any formal notice or other communication issued by a party under or in connection with the Contract shall be made in writing.
(b) We will send notices to you at your registered email address unless you request that we send notices via post. You may send notices to us via email to [email protected].
(c) A notice may alternatively be delivered by hand, or by pre-paid first-class post or other next business day delivery services. You should issue such notices to us at our registered office, and we will issue such notices to you at your registered address.
(d) Any notice or communication shall be deemed to have been received:
(i) if sent by email at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this Condition, business hours means 9.00am to 5.00pm on a Business Day;
(ii) if delivered by hand, at the time the notice is left at the proper address; or
(iii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting.
(e) This Condition does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
13.6 Third party rights. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
13.7 Governing law and jurisdiction. The Contract shall be governed by, and construed in accordance with the law of England and Wales and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be subject to the exclusive jurisdiction of the courts of England and Wales.
a) HCC International Insurance Company plc
b) Millstream Underwriting Limited
If we propose using another insurer or intermediary to help place your business, we will confirm this in writing before any arrangements are finalised.
4. For the avoidance of doubt, any Insurance Policy that we provide to you shall be governed by the terms of that Insurance Policy and you acknowledge and accept that your relationship shall be directly with the insurer of the Insurance Policy.
5. We shall not in any circumstance guarantee the solvency of any insurer.
6. We will provide you with a full breakdown of the Charges applicable in respect of any relevant Insurance Policy as part of a quotation before you decide whether to proceed. We shall provide you with a quotation which will set out the total premium to be paid, and which identifies any fees, taxes and charges separately from the premium, before the Insurance Policy arrangements are concluded. The total Charges payable shall also be set out in the Order Confirmation.
7. Full payment of the Charges is due before cover commences, or as otherwise stated under terms in the invoice or statement issued by us to you. Failure to pay the Charges due will mean that the Insurance Policy might not commence or that it will be cancelled.
8. On issuance of an Insurance Policy, you shall enter into applicable terms with the insurer of that Insurance Policy.
9. You shall have the option to pay the Charges:
a) Annually in advance – payment shall be made in full and in cleared funds in advance of the commencement of any Insurance Policy; or,
b) Monthly in advance – you shall enter into a direct debit agreement with us in advance of the commencement of the Insurance Policy, shall pay the first instalment and Direct Debit Administration Fee (see Paragraph 11(a)) in advance, and subsequent monthly premiums shall be collected by us via Direct Debit.
10. In return for placing business with insurers, we may receive a commission which is a percentage of the premium you are charged. Promptly before the conclusion of each insurance contract, or upon renewal, we will remind you of the right to be informed of the level of commission which we are to receive from the insurers. 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. The way in which we are remunerated will not at any time conflict with our responsibilities to meet your needs and treat you fairly.
11. We may charge the following fees (payable by you) in respect of the Insurance Services:
a) Direct Debit Administration Fee: £23.00 – charged in respect of any Order where you opt to pay monthly;
b) Cancellation Fee: £20.00 – charged in respect of any Insurance Policy cancelled outside the Insurance Policy’s cooling-off period.
12. We act as agents of the insurer in collecting premiums and handling refunds, as well as the transfer of claim monies, due to clients. Such monies are deemed to be held by the insurer(s) with which your insurance is arranged.
13. If you opt to pay the Charges annually in advance: the Insurance Policies will automatically expire at the end of the applicable period of insurance. You may contact us 30 days before the expiry date to renew but in any event, we will contact you in advance of expiry to discuss renewal options.
14. If you opt to pay the Charges monthly in advance: the Insurance Policies will automatically renew at the end of each period of insurance. We will send confirmation of renewal 30 days before the expiry date. You may opt out of automatic renewal at any time during the Insurance Policy term by contacting us using the details provided above. In the event you opt-out of automatic renewal, we will contact you in advance of expiry to discuss renewal options.
15. For the avoidance of doubt, where an Insurance Policy is automatically renewed in accordance with Paragraph
14 above and where the Charges are paid monthly in accordance with Paragraph 9(b), the Direct Debit Administration Fee will become due and payable at each annual renewal.
16. You must make any request for the cancellation of an Insurance Policy to the contact details included within these Conditions, either by letter, e-mail or telephone, and where requested any relevant certificate of insurance must be returned to us or to the insurer concerned.
17. In the event of cancellation, we may apply a Cancellation Fee in accordance with Paragraph 11(b).
18. The terms of any Insurance Policy may allow insurers to retain the premium in full or to charge short-period premiums in the event of cancellation before the Insurance Policy expires.
19. Subject to the immediate settlement of any outstanding Charges by you, you may instruct us to stop acting for it by providing notice in writing to us.
20. In the event we deem (at our sole discretion) that we cannot continue providing the Insurance Services to you, we will provide you with a minimum of 7 days’ notice. Valid reasons to cease providing the Insurance Services may include but are not limited to: non-payment of Charges, termination by an insurer as a consequence of breach of terms of insurer’s documentation, commission clawback by insurers where instructions are given to another party to handle the insurance(s), failure to provide requested documentation or information, deliberate failure to comply with terms set out within these Conditions 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.
21. Unless otherwise agreed in writing, if the relationship ends, any transactions previously initiated will be completed according to these Conditions. You will be liable to pay for any transactions concluded prior to the end of our relationship and we shall be entitled to retain commission received for conducting these transactions, together with all Charges for the Services provided.
22. 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 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 an Insurance Policy but also at renewal or if you wish to make a mid-term amendment to any Insurance Policy.
23. Should 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 Insurance Policy, meaning that claims may not be paid.
24. In addition to the above, you have a duty to give a fair presentation of risk to the insurer. This means that you must 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, your senior management, persons responsible for arranging the insurance or other relevant third parties know or ought to know and should include all information that would influence the judgement of the insurer or that would put the insurer on notice that it needs to make further enquiries.
25. Examples of material circumstances are:
a) Special or unusual circumstances relating to the risk;
b) Any particular concerns which led you to seek insurance cover for the risk; and
c) Anything which those concerned with the class of insurance and field of activity in question would generally understand as being something that would be dealt with in a fair presentation of risks for this type of insurance.
26. You must present information in a way which is reasonably clear and accessible. If you are unsure whether to disclose any information you must discuss with us. You shall allow sufficient time before any renewal date to consider and / or assess your insurance requirements.
27. 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.
28. You must check all details on any proposal form or statement of facts and pay particular attention to any declaration you have been asked to sign (or may be asked to indicate agreement electronically). It is important that you read all insurance documents issued to it and ensure that it is 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 the Insurance Policy or mean that claims may not be paid.
29. You must inform us immediately of any changes in circumstances which may affect the Services provided by us or the cover provided by any Insurance Policy.
30. Where you are unsure about any matter, please contact us for guidance.
31. You shall take note of the required procedures in the event of a claim, which will be explained in the Insurance 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 acting on your behalf in respect of a claim. If we act on behalf of an insurer in negotiating and settling claims, we shall inform you that we will be acting on behalf of the insurer, not you, before your insurance arrangements are concluded and again at the point of claim.
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