Woodgate & Partners Limited, Brishing Court Barn, Brishing Lane, Maidstone, Kent ME17 4NF: Telephone Number: 01622 740000. Fax Number: 01622 741747. Registered in England Number. : 1233832

The Financial Services Authority
Woodgate & Partners Ltd is authorised and regulated by the Financial Services Authority (FSA). Our FSA registration number is 121635.

Our permitted business is advising, arranging, dealing as agent and assisting in the administration and performance of general insurance contracts. You can check this on the FSA’s register by visiting the FSA website www.fsa.gov.uk/register or by contacting the FSA on 0845 606 1234.

Accepting our Terms of Business
This document sets out the terms or our relationship with you (our “client”) for our provision to you of Insurance broking services as set out herein. We would therefore urge you to read this document carefully. 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 following sections; ‘Confidentiality and Security of Information’ and specifically the paragraph explaining how sensitive personal data will be used. The section headed ‘Handling Money’ explains our terms for handling client money in a Non Statutory Trust account.

Quality and Standard of Service
For General Insurance we are an independent insurance intermediary offering a range of commercial insurance products. We have access to a number of insurers with whom we place your insurance. We will either offer products from a limited number of insurers or a single insurer. You will be advised which applies at the time of our quotation. A list of our insurers is available on request. Our role is to advise you and after we have assessed your needs to make a suitable recommendation. In situations where we are able to arrange insurance for you but do not offer advice, we shall confirm the position to you in writing. 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 present you with a quote for cover with an alternative insurer, we will not offer advice or make recommendations unless you request this during the renewal process. When acting on your behalf and in accordance with your instructions, we will do so in a professional and expeditious manner. We will assign one of our Account Executives to take responsibility for the provision of the services, which are described in this document. Our Account Executive will be your primary point of contact in relation to insurance we arrange on your behalf and will ensure in so far as is reasonably possible, continuity of accountability for the services we provide.

Quoting and Placing
We will seek on your behalf from the Underwriter(s) competitive indications for insurance and coverage structures which in our opinion, are efficient to protect against the proposed risk(s). We will present you with the terms in such a manner as to enable an informed decision to be made on whether to proceed with the insurance. Where we have negotiated specialised insurance policies with insurers, to streamline and facilitate the placement of business, we will use these providing the terms are competitive with the market and the client’s best interests are served by the use thereof. When arranging cover for these policies, we also have due regard for the best interests of the Underwriter(s) on whose behalf we are effecting cover. We will take diligent and timely steps to implement your instructions and place all the required insurance before its intended date of inception, renewal or extension, confirming to you prior to such date the cover, which is to be in place. If we are unable to fulfil your instructions we will bring this to your immediate attention.

Remuneration and Other
Income Our principal remuneration for arranging the insurance will be either by way of brokerage commission, being a proportion of the premium paid which is allowed to us by the Underwriter(s) for introducing the insurance to them, or a fee agreed with you or a combination of the two where agreed with you. Where premium financing is arranged on your behalf a fee may be included. Brokerage commission and fees are earned for the policy period and we will be entitled to retain all fees and brokerage commission in respect of the full policy period in relation to policies placed by us. On request, we will be pleased to provide information about any commission received by us in the handling of your insurances, which will be earned for that period as commission or fee where the policy is cancelled early. You will receive a quotation which will tell you the total price to be paid, showing any fees, taxes and charges separately from the premium, before your insurance arrangements are concluded. We will not make a charge for duplicating policy documentation or mid-term changes to your policy.

Servicing
Unless otherwise agreed we will send you documentation confirming the basis of the cover secured on your behalf, including details of the insurers, with a debit note or premium billing, where applicable, showing separately all the amounts payable. The dates that the money is due together with any penalties for late payment will be clearly stated to you. We will forward all policy documents, and any amendments or endorsements to your policy as soon as reasonably practicable. Except where we agree with you, because market practice determines otherwise, we will provide our claims handling services during the policy period for the policies placed by us.

Claims Handling Arrangements
We will employ due care and skill if we act on your behalf in respect of a claim. Our claims service includes, upon receiving the required information from you, the notification of the claim to insurers; representing you in the resolution of the claim and arranging collection and/or settlement of the claim in accordance with market practice and your policy terms and conditions. Where claims are dealt with by you with insurers direct we will provide advice and support as requested. Further, our claims handling services will cease where we are satisfied that you have instructed another entity to assume the claims handling servicing obligations for your insurance. When we collect claims payments these will be remitted to you as quickly as possible. However, we will not remit claims monies to you before we have received them from insurers. It is essential that you follow the correct procedure when advising of circumstances likely to lead to a claim or making a claim. Failure to do so may invalidate your right to claim from the Insurer.

Termination of Services
You may terminate our authority to act on your behalf with 14 days notice or as otherwise agreed without penalty. Notice of this termination must be given in writing and will take effect from the date of receipt. Termination is without prejudice to any transactions already initiated, which will be completed according to these terms of business unless otherwise agreed in writing. You will be liable to pay for any transactions or adjustments effective prior to termination and we will be entitled to retain any and all fees or brokerage payable in relation to policies placed by us prior to the date of termination. In the event that you place your insurances elsewhere, we will continue to handle all claims that we are involved with until they are finalised and will handle any new claims that are notified to us under a policy that we dealt with provided said claim occurred during the period for which we arranged the cover. 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.

Cancellation of Insurances
You should make any request for the cancellation of a policy in writing and any relevant certificate of insurance should be returned to us or to the insurer concerned. 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.

Conflicts of Interest
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 detail the steps we will take to ensure fair treatment.

Your Responsibilities and Duty of Disclosure
The duty of disclosure under English law is a duty to pass on to the Underwriter(s) all material information relating to the risk under consideration. “Material” in this context refers to all information, which a prudent Underwriter (not necessarily the Underwriter in question) would wish to take account of when considering whether or not to accept the risk and, if so, upon what terms and at what price. Material information does not necessarily have to actually increase the risk. The duty of disclosure continues up until the insurance has been concluded, but then resurrects itself at the time of proposed renewal or extension of, or any amendment to, the insurance. It may also be that the terms of the insurance include specific ongoing disclosure conditions or warranties. In the event that there is a breach of the duty of disclosure, the Underwriter(s) may have the right to void the insurance from its commencement invalidating the policy and resulting in claims not being paid. Under such circumstances, the Underwriter(s) would be entitled to seek recovery of any claims already paid by them under the insurance, although at the same time the Underwriter(s) would generally be obliged to return paid premiums. If you or your client(s) are in any doubt as to the scope of the duty of disclosure or whether a piece of information ought to be disclosed, please do not hesitate to contact us. When a policy is issued, you are strongly advised to read it carefully as it is that document, the schedule and any certificate of insurance that is the basis of the insurance contract you have purchased. If you are in doubt over any of the policy terms and conditions, please seek our advice promptly.

Adequacy of Sums Insured
At all times it is your responsibility to ensure that insured value is adequate and reflects current reinstatement / replacement values. Whilst we seek to assist in establishing and maintaining insured values, we cannot accept responsibility for their accuracy. It is strongly recommended that the appropriate Professional (e.g. surveyor / accountant) be consulted to ensure that the sums insured under the policy are correct.

Solvency of Underwriters
We will only place the insurance with Underwriters in respect of whom the most recent rating by A M Best & Co is in a ‘secure’ category. Whilst the information from A M Best is based on quantitative and qualitative evaluations of companies’ balance sheets, it is considered to be reliable and it uses all reasonable endeavours to review that information accurately in order to protect the interests of our clients. We do not guarantee solvency of Underwriter(s). We will advise you of each Insurer’s AMB rating at the time of placing if requested. The financial standing of any Underwriter(s) can, of course, change after the insurance has been incepted.

Confidentiality and Security of Information
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 who 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 may contact you or pass your details to other companies associated with us in order to promote products or services, which may be of interest to you. 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 Data Protection Act as sensitive personal data. By giving us such information you signify your consent to its being processed by us in arranging and administrating your insurances. Subject to certain exceptions, you will be entitled to have access to your personal and sensitive 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 Woodgate & Partners Ltd using the address indicated on this terms of business.

Methods of Payment
Insurance contract monies should be settled on an individual debit note or credit note basis unless we have agreed otherwise with you. Statements of Account are issued periodically where there are monies due for payment to us and we may have monies in account, which are owing to you. All payments should be made in the same currency in which they have been invoiced to you.

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 as well as transfer of claim monies. 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. For the purpose of some transactions, client money may pass through other authorised intermediaries before being paid to the insurer.

Complaints
Our aim is to provide you with a professional and confidential service. We have internal procedures for handling complaints fairly and speedily and, should a complaint arise, in the first instance please contact us:

In writing:
Woodgate & Partners Ltd, Brishing Court Barn, Brishing Lane, Maidstone, Kent ME17 4NF
By phone:
01622 740000

If you cannot settle your complaint with us, you may be entitled to refer to the Financial Ombudsman Service, except in the case of commercial customers with a group annual turnover of £1m or more, a charity with an annual income of £1m or more or trustees with a net asset value of £1m or more.

Financial Services Compensation Scheme (FSCS)
We are covered by the 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. Insurance advising and arranging is covered for 100% of the first £2000 and 90% of the remainder of the claim without any upper limit. 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 the compensation scheme is available from the FSCS on 020 7892 7300 or www.fscs.org.uk