Terms of Business

Applying to General Insurance Customers Please read this document carefully and retain with your policy documentation. It sets out the terms on which we agree to act for you, contains details of our regulatory and statutory responsibilities together with your responsibilities both to us and to insurers.

STATUS

ECLIPSE INSURANCE SERVICES, 82 Herne Bay Road, Swalecliffe, Whitstable, Kent, CT5 2LX are an independent intermediary who act as your Agent and accept responsibility for the advice given and for arranging your insurances. We are authorised and regulated by the Financial Conduct Authority and our Firms Reference Number is 305116. Our details can be confirmed on the FCA's register at www.fca.org.uk or by phoning FCA on 0800 111 6768.

DUTY OF DISCLOSURE

It is your responsibility to provide complete and accurate information to insurers and us prior to and when you purchase an insurance policy, throughout the life of the policy and when you renew that policy. Failure on your part to immediately disclose information relevant to your insurance or any inaccuracies in the information given could result in your insurance cover being invalid or not fully operative.

All statements and material facts disclosed on proposal forms, statements of fact, claims forms and other documents should be full, true and accurate. A material fact is one which is likely to influence an insurer in the assessment and acceptance of the application (e.g. motoring offences, intended un-occupancy of properties, change of occupations or criminal convictions). Material facts apply to any person to be insured on a policy. If you are in any doubt if a fact is material it should be disclosed to Eclipse Insurance Services. If any changes in circumstances arise during the period of insurance cover then please contact Eclipse Insurance Services with details. You should keep a record of all information (including copies of all letters) supplied for the purposes of entering into this insurance.

QUOTATIONS

Quotations are valid until the date cover commences up to a maximum of 30 days, unless otherwise stated. A specimen policy wording is available upon request.

CREDIT CHECKS

This applies to New Business quotations and Renewal alternative quotations.
To make sure you get our best deal and to ascertain the most appropriate payment options for you and to protect you from fraud, we use public and personal data from a variety of sources, including a credit reference agency and other organisations. Our search will appear on your credit report whether or not your application proceeds. By agreeing to the terms and conditions you agree to their use of your information.

DOCUMENTATION

We will ensure to check all certificates and other documents that you need. Documentation is not held on our files, however we reserve the right to withhold documents pending the receipt of outstanding documentation and or premiums due. Different types of insurance require you to complete a proposal form, statement of fact, questionnaire or similar document. We will provide guidance to help you complete the form but we are not able to complete the document for you. It is your responsibility to check the policy and other documents to ensure that they accurately reflect the cover, conditions, limits and other terms that meet your requirements. You should always check all the policy conditions and warranties, as failure to comply with them could invalidate your policy. Should any information be inaccurate please advise us immediately. All documentation should be retained for any period during which a claim against your insurers could be made.

RENEWALS

We will endeavour to issue all renewal terms in a timely manner. On certain occasions we will renew the insurances in the absence of any instructions from you to the contrary. All Renewals are invited on the basis that no changes have been made other than those notified to us or your insurers prior to your renewal date.

When renewal is invited and the policy premium is paid by direct debit, we will issue a notice to you. To ensure you are not left without cover, the absence of a response to this notice will be deemed as consent to cover being renewed automatically but no documentation will be released.

PAYMENT

In order to ensure continuation of cover, settlement with cleared funds must be made to us within the specified time period given. If you are unable to pay by the due date you must notify us.

If we do not receive your payment in accordance with our terms, we, or your insurer may be forced to cancel or lapse the relevant policy/policies, which could mean that part or all of a claim may not be paid. This also applies to full or partial non-payment of a premium or default on a credit agreement.

We will not fund any premium, taxes or fees (if applicable) on your behalf and will not be held responsible for any loss you may suffer as a result of cancellation of insurance cover as a result of late payment/non-payment. If we decide to retain certain documents whilst awaiting full payment of premium, fees or administration charges we shall provide full details of your insurance cover and any information or documents required by law.

We shall be entitled (but not obliged) without providing notice to you to offset any amounts due to us from you, such as refunded premiums and other sums.

In all instances your money will be placed and held in a Statutory Trust Client Account.

REMUNERATION

Our remuneration will either be as a fee agreed with you, or commission, which is a percentage of the insurance premium paid by you and allowed to us by the insurer with whom the contract is placed, or where appropriate, a combination of both. Where we need to charge a fee, we will agree this with you before the contract is started or renewed.

We may also receive an introductory payment from those institutions we introduce you to and who provide you with finance to assist you with the payment of your insurance premiums.

In limited circumstances we may receive additional remuneration from firms where compensation for a personal injury claim is obtained or where a hire car is arranged following an accident. However it is our policy to place business with an insurer solely upon the principle of putting your, the customers, interests first.

In addition to premiums charged by the insurer, it is our normal practice to make a minimum administrative charge of £5.00, unless you are advised to the contrary. This fee will be levied on all movements and changes and administrative actions carried out in respect of your policy or policies held with us.

You are entitled, at any time, to request information regarding any commission which we have received as a result of placing your Insurance business.

COOLING OFF PERIOD

You may have the right to cancel the policy within fourteen (14) days from the inception or renewal date of your policy contract. This is subject to you returning all Policy Documentation, and any current Certificate of Insurance (if applicable) and confirming your cancellation instructions.

NOTIFICATIONS OF CHANGES AND ALTERATIONS

Any amendments to policies after the inception date or renewal date may be arranged upon receipt of full details (see Duty of Disclosure) and on return of the Certificate of Insurance (if applicable). Cover is subject to acceptance by insurers and payment of any additional premium required inclusive of IPT. An administration charge payable to us may be added to any additional premium payable.

CLAIMS

It is essential to notify us or your insurers on their dedicated claims telephone number (contained in your policy wording) immediately of all incidents that may result in a claim against your insurance policy. You must do so whether you believe you are liable or not. All claims correspondence must be passed to us immediately, without acknowledgement. Only by providing prompt notification of incidents can your insurance company take steps to protect your interests.
If you are at all uncertain or need clarification, please contact us immediately.

CANCELLATION

(Also see "Cooling off" period)

Should you wish to cancel your policy then you will need to return the Policy Document and current Certificate of Insurance (if applicable) and confirm your cancellation instructions. Subject to no claims having occurred and the cancellation terms of your policy, refund of premiums may be available. Cancellation terms and charges can be found in your policy wording. Our commission and where appropriate, fees are fully earned from the date insurance cover commences and may not be refundable in the event of cancellation, avoidance or early termination of a policy.

INSURER SECURITY

We cannot and do not guarantee the solvency or continuing solvency of any insurer used and Clients should be aware that an insurer's financial status could change after cover has commenced.

DATA PROTECTION / CONFIDENTIALITY OF INFORMATION

We cannot and do not guarantee the solvency or continuing solvency of any insurer used and Clients should be aware that an insurer's financial status could change after cover has commenced.

COMPLAINTS

If you wish to register a complaint, please contact us: In writing to Compliance Manager, Eclipse Insurance Services, 82 Herne Bay Road, Swalecliffe, Whitstable, Kent CT5 2LX

By phone 01227 793666 By fax 01227 793511 By email info@eclipseinsurance.co.uk

If you cannot settle your complaint with us, you may be entitled to refer it to the Financial Ombudsman Service.
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. Insurance advising and arranging is covered for 100% for the first £2,000 and 90% of the remainder of the claim, without any upper limit.
Further information about compensation scheme arrangements is available from the FSCS.

GOVERNING LAW

This agreement will be governed by and construed in accordance with English Law and dispute arising under it shall be subject to the exclusive jurisdiction of the English courts.

JUNE 2014 / Issue 2