About Anthony Wakefield & Co

Terms of Business

GENERAL INFORMATION:

The following Terms of Business set out the basis on which we will provide business services to you as a consumer or commercial client of the firm. Please contact us immediately if there is anything in these terms of business which you do not understand or with which you disagree. We are happy to answer any questions and willing to explain these terms and the reasons for them.

YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS OF BUSINESS UNLESS YOU ADVISE US OTHERWISE WITHIN 7 DAYS OF RECEIPT.

• We are Independent Intermediaries, although for some forms of Insurance, we may only offer a quotation from one Insurer.
• We are rewarded by various levels of commission from Insurers and this is included in the premium which is charged to you.
• We may also levy a fee which will be disclosed to you before the conclusion of any contract.
• We act on behalf of you, the customer.
• We do not hold 10% or more of the voting rights in any Insurer.
• We do not have a contractual obligation to distribute exclusively with any Insurer.
• We are happy to give you information about the policy you are considering buying or that you have bought.
• You are entitled to paper copies of Insurance documents, including this document, free of charge.
• We have a conflict of interest policy and will always act on what we believe are your best interests, based on what you have told us.

We can be contacted as follows:

Anthony Wakefield & Co Ltd, South House, 21-37 South Street, Dorking, Surrey, RH4 2JZ
Email: info@anthonywakefield.com
Tel: 01306 740 555

A GUIDE TO THE PROCESS OF INSURING, OUR RESPONSIBILITIES AND INFORMATION YOU GIVE US:

When you propose for Insurance and you find the premium and conditions acceptable, we shall normally be able to start the Insurance when you have completed a Proposal Form and paid the premium (or arranged to pay your insurer by direct debit). Your Insurance will be on the basis of the sums insured and information you provide. We will then send you confirmation of cover accordingly. The document we send you will be an outline of the cover that the policy provides, but it does not contain all of the terms and exclusions of the policy. If you so request, we will send you a copy of the standard policy wording in
advance of cover, or, if it is already available on our websites, you may be able to access it therein.

If your Insurance includes the mandatory Employers’ Liability cover for people or companies that employ (even on a casual basis), we will send you your Employers’ Liability Certificate as soon as possible. Following a change in legislation, you do not now need to display the certificate and it may be held in electronic format, providing you make it available, upon request to employees and any other authorised bodies. You must provide us with your Employer’s Reference Number as soon as possible for the Employers Liability Tracing Office database.

Commercial Customers only:

If your Insurance is arranged wholly or mainly for purposes related to your trade, business or profession, you have a duty to make a ‘fair presentation,’ whether or not the insurer asks for specific information. This duty applies throughout the life of your policy and when you renew your Insurance. Failure to make a ‘fair presentation’ may influence the Insurer’s decision to accept the policy and/or what terms are applied. Failure to do this gives Insurers several remedies under the Acts and could mean reducing the amount paid, or, in some circumstances may invalidate your Insurance and could mean that your claim will not be paid. Under the Insurance Act 2015 and the Enterprise Act of 2016, you need to undertake a ‘reasonable search’, before answering questions and the presentation of your risk needs to be ‘clear and accessible’; so called ‘data dumping’ without clear signposting is not acceptable. The presentation does need to be made by a ‘responsible’ person. We cannot be responsible for your failure to give us information.

Consumers only:

You must take reasonable care not to make a misrepresentation to the Insurer. This means that all the 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, should be honest and accurate. If you deliberately or carelessly misinform the Insurers, this could mean that part or all of a claim may not be paid. The Consumers Insurance Act 2012 applies to you. You may feel that you need help with some aspects of your Proposal Form. In that case, you should call us and we shall do our best to give you good guidance. However, you will always know and understand your needs &/or business better than we do and we cannot be expected to provide expertise outside our field.

It is your responsibility to make sure that your Sums Insured are adequate. Generally speaking, the Sum Insured on Buildings must reflect the rebuilding cost and although there is some help from some Insurers in estimating this and also some assistance from the Association of British Insurers’ website [www.abi.org.uk] in the form of a calculator for private premises, you should really obtain a professional view from a qualified valuer. Your Contents and other personal effects, Stock, Business Contents and other Sums Insured should be an accurate reflection of the basis of settlement offered by the policy.

Payment of premium is due immediately and must be paid before cover starts or renews. Normally you will make payment to us either by cheque, bank transfer, or credit/debit card [other than Diners’ Club]. Alternatively, some Insurers offer instalment schemes payable by Direct Debit. This makes your financial relationship with Insurers a direct one and we will not normally be able to assist you with questions relating to Direct Debit payments.

We do not act as principals for consumer credit. Some insurers offer their own instalment facilities, and you can apply to them for payment by this method in lieu of paying us direct. If we send you an application form from the insurers for instalment facilities this does not mean that we endorse such means of payment or the ability of the insurers to collect your premium. If you fail to maintain payments to your insurers, they are likely to cancel your policy and we will not necessarily be able to reinstate cover for you.

If you have not paid the renewal premium by the renewal date, your policy may no longer be in force, and you may not be able to make any claims under it.

If you find out later that you already have Insurance in place (by mistake) for the risks that you are now proposing, at our discretion, we shall refund half of the applicable premium. There are three provisos. First, the other Insurance must be for a similar (but not identical) form and extent of cover, second, we shall only make this refund if the other Insurers agree to do the same and third, you may only claim for and during the existing period of Insurance.

Premium returns may not be made or may be reduced, if you have had a claim before cancelling.

Although we seek to place your Insurance with Insurers of proven ability to pay and good financial standing, we cannot be held responsible for the financial failure of or composition arrangement entered into by any Insurers or Intermediaries. For your protection, we will hold premiums and claims monies received [if applicable] in accordance with Financial Conduct Authority rules in either a statutory or non-statutory account. No interest thereon earned by us in respect of each transaction shall be returned to you unless such amount exceeds £20.

Insurers may levy an Underwriting Fee. This will be advised to you, prior to purchase of the insurance or its renewal.

We shall levy fees for policy issuing or policy changes. This is at a current rate of £50 per item. You should note that fees are not refundable.

All personal information about you shall be treated as private and confidential [even when you are no longer a customer], except where the disclosure is made at your request, with your consent, in relation to administering your insurance or where the law requires it. As part of the Financial Conduct Authority’s duties, we may be asked to provide them with access to our customer records in order that they may carry out a review of our activities. Some or all of the information you supply to us will be held on computers or file servers and may be passed to other insurance companies for underwriting and claims purposes.

The General Data Protection Regulations came into effect in May 2018. We do not use the information that is needed by Insurers to consider your Insurance request, or any subsequent information, to sell you further products unless you give us permission to do so and we shall not pass your details to other parties, except when obliged to do so by law, statute or for underwriting purposes.

If you wish to claim under your policy, it is normally best for you to contact us. We shall then contact your Insurers or, in some cases [such as Glass Breakage] your Insurers may have a “Help Line” and that may be a more appropriate route for you to follow.

OUR SCOPE OF SERVICES

We offer a wide range of insurance products and have access to leading insurers in the marketplace. When we arrange your insurance we’ll inform you of the nature of the service we provide. This will usually be one of the following:

1. a personal recommendation to buy the policy, on the basis of a fair and personal analysis of the market
2. a personal recommendation to buy a policy we select from one or more insurance undertakings (not on the basis of a fair and personal analysis of the market) in which case we will provide the names of those insurance undertakings
3. information only about a policy from one or more insurance undertakings without giving you advice or a personal recommendation, in which case we will provide the names of those insurance undertakings
4. advice only, with or without a personal recommendation

We generally act on your behalf in arranging your insurance, but we’ll make clear at the outset whether we are acting for you or for the insurer in particular circumstances.

HOW TO CANCEL

TERMINATION

You or we may terminate authority to act in connection with your insurance arrangements at any time. Notice of termination must be given in writing and will be without prejudice to the completion of any transactions already commenced. Any business currently in progress will be completed unless we receive instructions to the contrary. Any premiums or fees outstanding will become payable immediately. In circumstances where we feel we cannot continue providing services to you, we will give you a minimum of 7 days’ notice.

If you feel that the policy you have bought or its renewal is inappropriate for your needs, you may have a “cooling off” period of 14 days from the start of the policy period. If this is the case and providing that there have not been any losses during the 14 day period and you return all certificates and other documentation to us, your premium paid may be returned less an amount that is in proportion to the extent of the service already provided to you, no later than 30 days from the date on which we receive your notice of cancellation. By exercising any right to cancel, you withdraw from the contract of Insurance from its
start date. This right to cancel does not apply to policies where the activity or event being insured is of less than six months’ duration. Your notice should be sent in writing to Anthony Wakefield & Co. Ltd.

In all other cases, we shall be entitled to retain or recover our annual brokerage and fees in full if you “double insure” or if cancellation of the policy is allowed by Insurers partway through the first period of Insurance. Please note that some policies are not cancellable by you as of right after the “cooling off” period.

Website Terms of Use

Please read these terms carefully before you use our website. Should you proceed with using our website you are deemed to have accepted our terms. If you do not agree to these terms of use you must not use our website.

These terms of use should be read in conjunction with our privacy notice, they tell you the terms of use on which you may make use of our website. Use of our website includes accessing, browsing or registering to use our site.

We may revise these terms of use at any time. We may also make changes to our website, and any content on it. We cannot guarantee our website will be free from any errors or omissions. We also cannot guarantee that all material on our website will be available at all times. Access to our website is granted on a temporary basis. We may suspend or withdraw any part of our site without notice.

COPYRIGHT AND INTELLECTUAL PROPERTY

Anthony Wakefield & Company Ltd or the other providers of information on this website own the copyright and all other intellectual property rights subsisting in the database accessible via the website and all material on this website, including all the trademarks visible on the website. You are not permitted to download, redistribute or extract any information on this website in whole or in part other than for your personal, non-commercial use, unless otherwise stated. Our status (and that of any identified contributors) as the authors of material on this website must always be acknowledged.

Except as set out above, you may not reproduce, modify or in any way commercially exploit any of the information on this website unless expressly permitted in writing by us. (These prohibitions are without limitation to the legal rights of Anthony Wakefield & Company Ltd). If you print off, copy or download any part of this website in breach of these Terms of Use, your right to use this website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. All rights are reserved.

OUR LIABILITY

Although we will use reasonable endeavours to ensure the material on the website is accurate, the material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. We, other members of our group of companies and third parties connected to us hereby expressly exclude any liability for any direct, indirect loss or damage incurred by any user in connection with this website or in connection with the use, inability to use, or results of the use of this website, any websites linked to it and any materials posted on it, including without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter.

The publication of the information provided on this website by Anthony Wakefield & Company Ltd does not constitute a recommendation that you enter into any particular transaction nor a representation that any product and/or service detailed on this website is suitable or appropriate for you.

VIRUSES, HACKING AND OTHER OFFENCES

We cannot guarantee our website will be free from viruses, you are responsible for ensuring your access to our site us secure. This includes securing your own virus protection.

LINKS TO THIRD PARTY WEBSITES

Any links to third party resources are for informational purposes only, we have no control over third party resources.