Terms of Business
Jenkinson & Co LTD
Terms of Business Agreement
By accepting these Terms of Business, you are giving your consent to the actions described in the following sections. For your own benefit, please read this document carefully and if you do not understand any point then please contact us for clarification.
Jenkinson and Company Limited trading as Jenkinson Insurance registered office address: New Ebury House, South Grove, Rotherham S60 2AF is authorised and regulated by the Financial Conduct Authority (FCA). You can check this on the Financial Services Register by visiting the www.fca.org.uk/register or telephone the FCA on 0800 111 6768. Our permitted business is advising on, arranging and administering insurance contracts. Registered in England and Wales our company registration number is 03867237.
Our Insurance Services
We offer advice and make personal recommendations after assessing your needs in respect of insurance products. Where we have not assessed your needs we will tell you and give you enough information about a product for you to make an informed decision about its suitability. We usually select insurances from a wide range of insurers and products; where we have selected from a limited range or a single insurer and product then we will inform you in writing.
Some insurers we use may undertake credit checks at the point of quotation, which will be recorded on your credit report, whether or not you proceed, and will be visible to other enquirers. This may be done at any time when we are searching the market for quotations and is used by insurers to verify identity, measure suitability for credit and protect against fraud. It also allows some insurers to offer preferential terms, lower premiums or premium finance. Data used will be from a variety of sources including credit reference agencies and other external organisations. IF YOU DO NOT AGREE TO THIS USE OF YOUR INFORMATION you need to inform us before we undertake any work for you. If we do not hear from you to the contrary we will consider that you accept that this may occur.
Confidentiality and Data Protection
All information about you will be treated as private and confidential and kept secure. We will only use and disclose the information we have about you in the normal course of arranging and administering your insurances. We may also use the information we hold about you to provide you with information on other products and services we can offer that we feel may be appropriate to you. If you cancel or lapse your policy we may contact you the following year to provide a quotation. If you do not wish to receive marketing information from us, please write to us at the above address. Under the Data Protection Act 1998 you have rights of access to any personal information we hold about you in our records. If you have any queries or requests in this regard please contact us. We will charge a fee of £10 for the provision of a copy of the information we hold about you. At your written request we may provide information to your personal representative.
Your Duty to Disclose Information
If you are a consumer and enter into a contract of insurance wholly for non-business purposes you are under a legal duty to take reasonable care not to misrepresent information to insurers. If you misrepresent information deliberately, recklessly or carelessly respond to insurer questions then a claim under the policy may not be paid. If you are a commercial customer, entering into a contract of insurance by way of business, it is your responsibility to provide complete and accurate information to insurers when you take out an insurance policy, throughout the life of the policy, and when you renew your insurance. It is important that you ensure all statements you make on proposal forms, claim forms and other documents such as statement of fact are full and accurate. Please note that if you fail to disclose any material information to your insurers, this could invalidate your insurance cover and could mean that part or all of a claim may not be paid. You should take particular care to check the accuracy of all information you provide.
Any monies we collect from you or refunds due to you are held in a non-statutory trust client account pending payment.. Payments may be made via finance agreements and we will treat these in the same way or you may pay insurers directly via direct debit. The establishment of a non-statutory trust follows regulatory rules to protect client money held by authorised intermediaries. Under these rules we are permitted to use monies temporarily held to advance credit to any other clients generally. Any interest payments on this account remain ours. Failure to maintain payments may result in cancellation of your policy.
Your policy document will detail your rights to cancel your insurance once you have taken it out. Depending on the type of policy you have purchased, you may be entitled to cancel within 14 days of either conclusion of the contract or receiving your policy
documentation, whichever occurs later and receive a full refund provided no claim has been made. To enable your Insurer to process the cancellation, you will need to return certificates and any official documents to Insurers. Otherwise, where you cancel a policy before its full term you may be responsible for paying a charge to meet the cost of cover provided and administration expenses, which means that you may not receive a proportionate refund depending upon the terms of the particular policy, we will also retain any commissions, and you will remain responsible for any brokerage fees agreed. If you request cover and then subsequently terminate or the policy is terminated through breach of terms and conditions, we retain the right to charge you the amount of commission and fees due to us as if the policy had proceeded to the full term. This applies even if the insurance is avoided ab initio (i.e. as if it never existed).
Financial Services Compensation Scheme
We are covered by the Financial Services Compensation Scheme. 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, insurance advising and arranging is covered for 100% of the claim, without any upper limit. Further information about compensation scheme arrangements is available from the Financial Services Compensation Scheme (http://www.fscs.org.uk).
We are normally remunerated by commission. Where inadequate commission is available we may charge you a fee. We will tell you if this is the case. If you are a commercial customer you are entitled to ask us to disclose the amount of commission that we will receive in respect of any policy you take out. We reserve the right to retain commission in respect of any premium refunds made by insurers.
It is our intention to provide you with the highest possible level of customer service at all times. Should we not meet your expectations, we have a complaints procedure, which is explained below. Should you wish to complain please contact Allan McHale either: in writing: New Ebury House, South Grove, Rotherham S60 2A or by telephone: 01709 821400. Should you not be satisfied with our final response, you may be entitled to refer the matter to the Financial Ombudsman Service (FOS) within six months of the date of our final letter: The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR Tel: 0845 080 1800 or 020 796.
It is essential to notify insurers immediately of all incidents that may result in a claim against your insurance policy. You should do this before incurring any costs or
committing to any payment. Your policy summary and policy document will provide you with details on who to contact to make a claim or you can contact us for advice.
Solvency of Insurers
We use all reasonable skill and care to protect your interests and monitor the security of the insurers with which we transact business using information available in the public domain. However, we can give no guarantee of the financial stability of insurers and we accept no liability for any financial losses or increased costs suffered by you arising from their financial insecurity.
Subject to immediate settlement of any outstanding premiums or fees, you may instruct us to stop acting for you and we will not impose a penalty. Instructions must be in writing. If we feel that we are unable to continue acting for you we will give you seven days notice in writing. No fees or commissions earned in respect of business already conducted will be refundable.
Conflicts of Interest
If we, one of our clients or providers become aware of any potential conflict of interest with regard to business we are transacting for you we will write to you and obtain your consent before we carry out your instructions and we will inform you of how we intend to ensure that you are treated fairly.
We will take instructions from any individual who purports to be authorised by you and we reasonably believe this to be the case. If you wish to restrict the individuals from whom we may take instruction then you must inform us in writing and we will act accordingly.