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Terms of Business

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 ‘Use of personal data’ and specifically the paragraph explaining how ‘sensitive personal data’ will be used; 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 at the above address. The Financial Conduct Authority Spence (Insurance Services) Ltd is authorised and regulated by the Financial Conduct Authority (FCA). Our Financial Services Register number is 300017. Our permitted business is introducing, advising, arranging, dealing as agent and assisting in the administration and performance of general insurance contracts and credit broking in relation to insurance instalment facilities. You may check this on the Financial Services Register by visiting the FCA website, www.fsa.gov.uk/register/ or by contacting the FCA on 0800 111 6768. Our service Helping you to decide Our role is to advise you in relation to your insurance needs and for any insurance instalment facilities at all times and, after we have assessed your needs, to make a suitable recommendation. We will not provide further advice or recommendations following the arrangement of insurance cover, unless you notify us of a material change of circumstances or formally request that we review your insurance arrangements. At renewal, unless we give you a quote for cover with an alternative insurer or an alternative instalment provider, we will not offer advice or make recommendations (unless you request this during the renewal process). We will not in any circumstance guarantee the solvency of any insurer. Our product range and the range of insurers used We select personal and commercial insurances from a range of insurers but for certain products, we only select products from a limited number of Insurers. 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. We may be able to offer finance for insurance instalments through the insurer and via the finance providers Close Premium Finance and Premium Credit Ltd. We will give you further information about this before we finalise your instalment arrangements. 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. Automatic Renewal of Insurance For certain polices, in order to protect your interests relating to the risks you have insured, unless we receive your instructions to lapse a policy before the renewal date, the policy will automatically renew and you will be required to make payment to us. If the automatic renewal of your policy applies, we will notify you prior to the conclusion of the initial contract of insurance and in your renewal notifications. Complaints and compensation We aim to provide you with a high level of customer service at all times but, if you are not satisfied, please contact us: in writing to: The Compliance Officer, Unit 2, Old Well Court, Wester Inch Business Park Bathgate, West Lothian, EH48 2TQ by phone: Telephone 01506 632055 by email: complaints@spenceinsurance.co.uk 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 (except in the case of a business employing 10 persons or more and with a turnover or annual balance sheet total exceeding €2 million, a charity with an annual income of £1m or more or trustees of a trust with a net asset value of £1m or more). We are covered by the Financial Services Compensation Scheme (FSCS). 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. If you are eligible to claim from the FSCS, compensation is available for insurance advising and arranging for 90% of a claim, without any upper limit, but 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. Further information about compensation scheme arrangements is available from the FSCS on freephone 0800 678 1100 or 020 7741 4100 or www.fscs.org.uk. Payment for our services We normally receive commission from insurers or product providers and where applicable finance providers. You will receive a quotation which will tell you the total price to be paid, and which identifies any fees, taxes and charges separately from the premium, before your insurance arrangements are concluded. With certain insurers and products, the commission obtainable is insufficient to cover our costs. Where this occurs, we may also charge you a fee in addition to the commission that we receive from the insurer. We will always advise you of the fee amount before you incur a liability to pay such fees. In the absence of any alternative terms which we agree with you in writing our payment terms are as follows: • new policies – full payment of premium and fees on or before the inception date of the policy; • mid-term adjustments to existing policies – full payment of any additional premium and fees on or before the effective date of the change; • renewals – full payment of premium and fees prior to the renewal date. In good time before the conclusion of each insurance contract, or upon renewal, we will remind you of your right to be informed of the level of commission which we receive from underwriters. 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. We withdraw commission prior to Insurer settlement. We also draw your attention to the sections headed ‘Cancellation of insurances’ and ‘Ending your relationship with us’. Handling money 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. 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 the Non-Statutory Trust account follows the rules which the FSA introduced 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. 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 or to the insurer concerned. In the event of cancellation, charges for our services will apply in accordance with the notification of fees we provide you prior to the conclusion of the initial contract of insurance. 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. 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. Your responsibilities You are responsible for answering any questions or assumptions you may agree to honestly and to the best of your knowledge, 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 if you also make a mid term amendment to your policy. If you are a commercial customer please be reminded you are responsible for providing the complete and accurate information which insurers require at inception, renewal and throughout the life of the 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 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. 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. Use of personal data We will process any personal information we obtain in the course of providing our services to you in accordance with the Data Protection Act 1998. In administering your insurances it will be necessary for us to pass such information to insurers and other product or service providers which may also provide us with business and compliance support. We may also disclose details to relevant parties, as necessary, to comply with regulatory or legal requirements. We will not otherwise use or disclose the personal information we hold without your consent. Some of the details you may be asked to give us, such as information about offences or medical conditions, are defined by the Act as sensitive personal data. By giving us such information, you signify your consent to its being processed by us in arranging and administering your insurances. To help make sure you get our best deal, to ascertain the most appropriate payment options for you and to help prevent fraud, some insurers use public and personal data from a variety of sources, including credit reference agencies and other organisations. Any credit reference agency search will appear on your credit report whether or not your application proceeds. Subject to certain exceptions, you will be entitled to have access to your personal and sensitive personal data. If at any time you wish us, or any company associated with us, to cease processing any of the personal data or sensitive personal data we hold, or to cease contacting you about products and services, please write to us at the address noted above. Conflicts of interest Occasions can arise where we, or one of our 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. Claims handling arrangements 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.

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