Legal

Terms of Business Agreement — Commercial

COMMERCIAL TOBA · TOBA V2 JUNE 2024

Please note: without reasonable changes we are unable to work with clients who lack capacity (i.e. an inability to make decisions for yourself) with no responsible person to represent them.

Please read this document carefully. It sets out the terms and conditions on which we agree to act for you, together with our responsibilities and your responsibilities to us, to insurers and to other third-party providers. Please contact us immediately if there is anything in this document that you do not understand or with which you disagree.

Our Service

GMG EventLiability is a trading style of GMG Insurance Brokers, who are an Appointed Representative of Movo Partnership Ltd. Movo Partnership Ltd is authorised and regulated by the Financial Conduct Authority. Our Financial Services Register number is 823503. These details can be checked on the Financial Services Register at register.fca.org.uk or by contacting the FCA on 0300 500 8082.

We are permitted to arrange, advise on, deal as agent of insurers, assist in claims handling, help with ongoing changes, introduce to an insurer/finance provider(s), arrange lending facilities, and collect and administer debt in respect of general insurance policies on behalf of our clients.

We have access to leading insurers and often select your insurance product from a wide range of insurers; on occasion we use a select panel of insurers/finance providers. At our discretion, we offer clients the option to pay by instalments.

Our Remuneration and Other Income

We reserve the right, at our discretion, to make an administration charge. A breakdown of any fee/s will be provided at quotation. Fees may apply (but are not limited) to:

  • Arranging new policies
  • Mid-term adjustments
  • Renewals
  • Replacement/duplicate certificates or cover notes

Mid-term cancellations and other refunds are refunded NET of commission. We may charge an administration fee for mid-term adjustments. We receive commissions from insurers when we place your insurance policies, and this commission rate can vary.

Limitation of Liability

We will exercise reasonable skill and care in performing our services, but we cannot be held responsible for advice, recommendations or actions based upon incorrect or inadequate disclosure of material information by clients or their agents. The liability of GMG Insurance Brokers, howsoever arising, shall not exceed in aggregate the sum of £2,000,000. These limitations do not apply to liability for personal injury or death caused by our negligence, for fraud or fraudulent misrepresentation, or in circumstances which cannot be excluded by law.

Commercial Customers — Duty of Disclosure

Under the Insurance Act 2015 you have a duty of fair presentation. You must, at all times, volunteer and disclose all material information that is known by you or ought to be known by you. This applies before the policy is placed, at renewal, and when varying or extending the policy (and during the policy period where your policy requires changes of circumstance to be advised).

If you are unsure whether a fact or circumstance should be disclosed, you should disclose it anyway — failure to do so may lead your insurer to reduce its claim payment, apply additional terms, or even avoid your policy. If any information provided by you is not complete and accurate your insurer may cancel the policy, refuse a claim, not pay a claim in full, revise the premium or excess, or affect the extent of cover.

Renewal of Contract

We will write to you in good time before your renewal date, offering renewal terms or telling you where we are not inviting renewal. Renewal is based on the information you supplied when we arranged your current contract plus any amendments. It is important you tell us about any changes to your requirements, including special or unusual facts relating to the risk.

Cancellation Rights

A commercial policy lasting for more than one calendar month offers you the facility to cancel cover (providing there have been no claims) within 14 days from the policy start date or the date you receive full policy documentation, whichever is later. If entitled to a refund this will be advised by the insurer, and an administration fee may apply.

Refund Procedures

Where you cancel outside the 14-day cancellation period, we reserve the right to charge for our time providing advice and administration. For some insurance contracts, insurers will not provide refunds for mid-term cancellation. We will tell you if this affects you.

Payment of the Premium

You must provide the premium due in cleared funds in accordance with the amounts and dates specified in our payment options schedule. Failure to meet the payment date may lead to insurers cancelling your policy. Cover will cease if you fail to keep up payments under a credit agreement.

Notification of Claims or Incidents

Many insurers provide a 24-hour helpline in respect of claims — please refer to your policy documents for contact details. Please report all incidents that could give rise to a claim as soon as you become aware of them, either by contacting your insurer or GMG EventLiability. If you receive correspondence from a third party about your claim, please pass it to us or your insurer immediately and unanswered.

Client and Insurer Money

GMG Insurance Brokers are not authorised to handle client monies; all client money is handled by Movo Partnership Ltd in a non-statutory trust account, separate from GMG's own cash assets. This protects you in the event of financial failure since, in such circumstances, general creditors would not be able to make claims on client money. Please ensure you make payment to the details on the invoice and not to any other account.

Data Protection

We collect and store your personal and financial information in accordance with the UK GDPR and the Data Protection Act 2018. We are the data controller. We use your information to provide our services, verify your identity, and comply with legal obligations. Please see our Privacy Policy for full details, including your rights of access, rectification and erasure.

Termination of Agreement

Our agreement may be terminated by either party giving 14 days' notice in writing. You will be liable for any outstanding transactions or adjustments prior to termination, without penalty fee provided they are settled immediately. We retain any fees or commission payable in relation to business transacted prior to termination.

Law and Jurisdiction

These Terms of Business are governed by the laws of England and the exclusive jurisdiction of the English courts unless otherwise agreed.

Bribery and Corruption

Our company culture and ethics mean we do not bribe or use any other means to improperly influence the decisions of clients, potential clients or government officials. Our business is structured with appropriate systems and controls so as to comply with the requirements of the Bribery Act 2010.

Sanctions

Both parties shall pay due regard to, and co-operate in respect of the observance of, any applicable international economic, financial or trade sanctions legislation.

Complaints

Should you need to make a complaint please contact our Complaints Manager:

We aim to resolve complaints within 3 business days; if not, we will write within five working days to acknowledge your complaint. We aim to provide a final response within eight weeks. If you are dissatisfied with our final response — or we have been unable to provide one within 8 weeks — you may be eligible to refer the matter to the Financial Ombudsman Service free of charge ( financial-ombudsman.org.uk). You must do so within six months of our final response.

Solvency and Compensation

We do not guarantee the solvency of any insurer we place business with. We are covered by the Financial Services Compensation Scheme (FSCS) for insurance mediation only; this does not extend to consumer credit broking. Insurance advising and arranging is covered for 90% of the claim with no upper limit, although compulsory insurance is protected in full. Further details at www.fscs.org.uk.

Conflicts of Interest

We never deliberately put ourselves in a position where our interests, or duty to another party, prevent us from discharging our duty to you. Where we become aware of any actual or potential conflict we will tell you about the situation, the options available and ask for your consent to proceed.