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									Hart Insurance Brokers – General Terms of Business

We are a provider of general insurance             risk. Any such amended Terms of Business
services and we have pleasure in setting out       Letter will be sent to you within 10 working
below our Terms of Business. We are                days of that interview. However, irrespective
authorised and regulated by the Financial          of any amendments arising from such
Services Authority (FSA) in the conduct of         interviews, we reserve the right to amend the
general and investment business. This Terms        terms of this letter without your consent but
of Business document does not apply to             we will give at least 10 business days notice
investment business as a separate                  before conducting relevant business, unless
agreement will be provided to you at               we consider it to be impracticable to do so
appropriate times. If you require clarification    under the circumstances existent at that time.
of investment / non-investment business we         We are required to comply with the FSA
would be pleased to provide details on             Regulations relevant to an insurance
request.                                           intermediary. These include the following:
1. The Financial Services Authority (FSA)
The FSA is the independent watchdog that           1. A firm must conduct its business with
regulates financial services. It requires us to    integrity, and pay due regard to the interests
give you this document. Use this information       of its customers and treat them fairly.
to decide if our services are right for you.       2. A firm must conduct its business with due
2. Which service will we provide you with?         skill, care and diligence.
We will advise, provide information and make       3. A firm must pay due regard to the
a recommendation for you after we have             information needs of its clients and
assessed your needs on the basis of a fair         communicate information to them in a way
analysis of the market.                            which is clear, fair and not misleading.
3. Who regulates us? Hart Insurance                4. A firm must manage conflicts of interests
Brokers is authorised and regulated by the         fairly, both between itself and its customers
Financial Services Authority. Our FSA              and between a customer and another client.
Register number is 118751. Our permitted           5. A firm which holds client money has to
business for the purposes of this document is      meet certain specified conditions.
advising on and arranging general insurance        6. A firm must take reasonable care to
contracts. You can check this on the FSA’s         establish and maintain such systems and
Register by visiting the FSA website               controls as are appropriate to its business. or by contacting the       7. A firm must maintain and keep up to date
FSA on 0845 606 1234.                              a list of the insurance undertakings it selects
                                                   from and be able to provide a copy of this list
Commencement of Terms of Business                  in a durable medium to a customer on
This Terms of Business Letter will be              request.
effective from the date of receipt but may be      Please read this document carefully.
amended by us following any initial interview      It sets out the terms on which we agree to act
intended to ascertain your current financial       for our clients and contains details of our
situation, objectives, and attitude to financial   regulatory and statutory responsibilities.

Hart Insurance Brokers – General Terms of Business

Please contact us immediately if there is           in which you subsequently take out.
anything in these terms of business which           Furthermore, unless advised to the contrary,
you do not understand or with which you             we will assume that you wish to place no
disagree. Upon receipt of your instructions         restriction on the markets in which
we will place insurance with insurers, and          transactions are to be executed. A full listing
keep you informed of the progress of our            of designated products is available from your
negotiations. We will advise you of any             adviser upon request.
inability to place your insurance.                  Client Relations: When you have instructed
Security: We do not guarantee the solvency          us to arrange a specific insurance contract
of any insurer we place business with. A            no further advice will be given unless it is
liability for the premium, whether in full or pro   requested by yourself or we have an
rata, may arise under policies where a              agreement confirmed in writing to provide
participating insurer becomes insolvent.            periodic reviews. We will, however, if no
Client Monies: We are permitted to handle           agreement is in place be pleased to advise
client money in respect of non-investment           you at any time should you require further
insurance business. Client money will be            assistance.
held in a statutory trust. Client money will        Personal Interests: Occasions can arise
only be held on behalf of an insurer or             where we, or one of our other customers, will
underwriter in accordance with a written            have some form of interest in business which
agency agreement. We keep client money              we are transacting for you. If this happens,
separate from our own money. Any interest           or we become aware that our interests or
earned on client money held by us and any           those of one of our other customers conflict
investment returns on any segregated                with your interests, we will inform you in
designated investments will be retained by us       writing and obtain your consent before we
for our own use, rather than paid to you.           carry out your instructions.
General Insurance Objectives: Following             Calls: In addition to making calls at your
the issue of this Terms of Business, any            express invitation, we may call on you at
subsequent advice or recommendation                 intervals to review your general insurance
offered to you will be based on your stated         requirements. This will not affect your rights
objectives, acceptable level of risk and any        of cancellation. Calls will not be made on a
instructions you wish to make regarding the         Sunday or between 9pm and 8am on any
type of policies you are willing to consider.       other day.
Details of your stated objectives will be           Complaints & Compensation: If you
included in the recommendation letter we            should be dissatisfied with the advice you
issue to you confirming the reasons for our         receive or a product which you have bought,
recommendations.                                    please write to or telephone the Compliance
Restrictions:        Unless advised to the          Officer at the address on the front page of
contrary, we will assume that you wish to           this document. If you cannot settle your
place no restrictions on the types of general       complaint with us, you may be entitled to
insurance policies we may recommend and             refer it to the Financial Ombudsman Service.

Hart Insurance Brokers – General Terms of Business

We are covered by the Financial Services            may provide you with a separate agreement
Compensation Scheme (FSCS). You may be              where we arrange a contract on your behalf
entitled to compensation from the scheme if         which has a duration of more than twelve
we cannot meet our obligations. This                months. To cover administration costs we
depends on the type of business and the             also charge the fees detailed below in
circumstances of the claim. Insurance               addition to any charge debited to us by the
advising and arranging is covered for 100%          insurers or other suppliers involved in
of the first £2,000 and 90% of the remainder        providing other services to you:
of the claim, without any upper limit. For
compulsory classes of insurance advising                 ♦ Mid Term Adjustments £20.00
and arranging is covered for 100% of the                 ♦ Replacement Certificates £20.00
claim without any upper limit. Further                   ♦ Copy Policies £20.00
information about compensation scheme
arrangements is available from the FSCS.            Claims Handling and Uninsured loss
Advice & Instructions: Any advice given to          recovery by advanced negotiation where
you by us shall be in writing. We prefer our        legal expenses policy not effected. Loss
clients to give us instructions in writing to aid   recoveries by advanced negotiation. Any
clarification       and        avoid         any    payments to us by Credit Card will be subject
misunderstandings.        We will, however,         to a £5.00 charge. Payment by Debit Card,
accept oral instructions provided they are          Cheque or BACS transfer will not be subject
confirmed in writing. We may, at our                to any charge. For Cheques returned by the
discretion, refuse to accept instructions           Bank we charge £10 plus any Bank Charge
although such discretion shall not be               whilst awaiting payment, or in the event of
exercised unreasonably. We will record all          non-payment and/or when instructed directly
transactions on our files which, along with         by you, we reserve the lien and right to retain
copies of relevant documentation, will be           your policy documents including any
retained by us for a period of not less than        insurance          certificates,       schedules
three years. You have a right to inspect            endorsements and claims payments.
copies of contract notes, vouchers and              Right to Withdraw: Once your new product
entries in our books or computerised records        has been purchased, you may have a
relating to your transactions. We reserve the       statutory right of cancellation, details of which
right to withhold copies of these records if        will be given to you.
information pertaining to other parties would       Termination: The authority to act on your
be disclosed.                                       behalf may be terminated at any time without
Remuneration: We receive remuneration               penalty by either party giving seven days
for our services by receiving a percentage of       notice in writing to that effect to the other, but
the insurance premium by way of                     without prejudice to the completion of
commission or brokerage. Alternatively an           transactions already initiated.               Any
agreed administration fee may be charged or         transactions effected before termination and
in some instances a combination of both. We

Hart Insurance Brokers – General Terms of Business

a due proportion of any period charges for         guidelines. This is a condition of the policy
services shall be settled to that date.            and must be complied with to ensure that
Law:      These Terms of Business are              payment schedules are met in full. Failure to
governed and shall be construed in                 meet deadlines can lead to a policy being
accordance with Scottish Law and the parties       cancelled and render the contract voidable.
shall submit to the exclusive jurisdiction of      We would draw your attention to the
the Scottish Courts.                               Remuneration section above regarding
Data Protection: Information provided by           payment fees.
you may be held, processed, disclosed and          Premium Finance Credit Agreement:
used by ourselves, professional advisers and       Clients may be offered the opportunity to pay
any associated companies in servicing our          premiums by instalments by direct debit.
relationship with you.         However, strict     Once established we are not permitted to
confidentiality will be maintained at all times.   change any schedule unless previously
It is understood that, unless you notify us        advised in writing. All premiums notified as
otherwise, you agree to the storage, use and       part of an instalment plan must be completed
disclosure of such information. This               as per the contract. Any failure to meet the
information may be disclosed to third party        financial requirements can prejudice the
product providers in the course of providing       contract and render it voidable. Your account
our analysis and servicing of our relationship     details may be passed to credit reference
with you. No information will be passed to         agencies where premium instalment plans
another party without your prior consent           are used.
unless we are legally obliged to do so. You        Claims: To assist us to process any claim
also agree that for the purposes described         made by you it is vital that you notify us
above your data may be transferred to              promptly when an incident which may give
countries outside the European Economic            rise to a claim occurs. Delays may prejudice
Area. We may use and analyse your data,            negotiations and entitle the insurer to
including the nature of your transactions, to      repudiate the claim.       In the event of
provide you with information by post,              uncertainty, the incident should always be
telephone, fax or e-mail to service and            reported. We will provide you with every
update you, as well as informing you of new        assistance in submitting a claim and seeking
insurance or investment opportunities. If you      to obtain reimbursement for you. However in
would prefer to be excluded from these             the event that an insurer becomes insolvent
services, please write to us at the company        or delays making settlement we do not
address on this Agreement.                         accept liability for any unpaid amounts. For
Payment: We provide clients with an invoice        assistance and advice please contact our
detailing the premiums due plus any taxes          claims staff, at the address on the front of
that the insurers may be obliged to collect.       this letter.
Some insurers include terms of settlement on       Other Earnings: We may earn income in a
certain contracts, others require that the         number of different ways. This may be in the
premium be paid within certain strict              form of an administration expense (see

Hart Insurance Brokers – General Terms of Business

above). Some insurers may also provide             long as no claims have occurred during your
efficiency fees or production over-riders          time on cover. You must return your
periodically to reflect the benefit of receiving   certificate of insurance or a lost certificate
large amounts of business from a single            declaration together with a letter confirming
source that has been handled promptly and          your cancellation request before we can
efficiently. Occasionally certain insurers may     cancel your policy. CANCELLING YOUR
wish to reflect the profitability of our account   DIRECT DEBIT DOES NOT CANCEL YOUR
with them by way of a payment to us. We            POLICY.
also obtain income in the arrangements             Upon cancellation of the contract it should be
established with Close Brothers in relation to     noted that insurance companies apply short
the facility to pay premiums by instalment.        term cancellation charges which are not
Utmost Good Faith & Duty of Disclosure:            proportionate to the annual premium and as
The law imposes onerous duties upon                these form part of the contract offered, we
anyone entering into an insurance contract         would ask clients to realise that such charges
and anyone acting on his behalf. For               upon cancellation are applied by the
example, the proposer has a duty to disclose       underwriter/insurer and not our firm. Once
all facts or circumstances that may influence      our remuneration has been earned for
the underwriter in deciding whether to accept      placing the contract, in the event that the
the insurance, impose special terms, or            insurance is cancelled after inception, our
charge an increased premium. This duty             fees or brokerage will not usually be
arises not only at inception of the contract but   returnable.
also at renewal or in the event of any
material change in the risk during the period
of insurance. Similarly, the duty also applies
to the submission and substantiation of all
claims. This information must also be
disclosed to insurers. A proposal or claim
form, or any other documentation relating to
the contract of insurance must be answered
fully and accurately. The provision and
documentation of this information is the sole
responsibility of the insured.
Documentation: We reserve the right to
retain certificates at our offices until all
payments due under the policy have been
made and any cheque has cleared through
our bank account.
Cancellation: If you wish to cancel the
policy you must first call our office. You may
be due a refund for part of your premium as


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