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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.
It is important, for your own benefit and protection, that you read these terms carefully.
They contain important details regarding both our responsibilities and yours, upon which we will rely.
Please do not hesitate to contact us promptly is there is any aspect of this document that you do not understand.
It is your responsibility to obtain authorisation from all joint policyholders and to keep them informed about matters related to this agreement. If you require additional copies of this agreement, please let us know.
Who Regulates Us?
One Sure Insurance Ltd is authorised and regulated by the Financial Conduct Authority (FCA). Our FCA register number is 447730. You can check on the FCA’s register by visiting the FCA’s website www.fca.gov.uk/register.
Our permitted business is advising, arranging, dealing as agent, and assisting in the administration, performance of general insurance contracts and credit broking. We also trade as Spitfire Insurance, Insure & Support, Insurance4Motor Trade, Staveley Head, Unicom Insurance Services and Compare HGV .
Our Services
The capacity in which we act for you
We act as an insurance intermediary, not an insurer. We will usually act on your behalf when arranging your insurances, when helping you make any changes to your policy, when you renew your insurance and in the event of a claim.
If there are any circumstances where we act as an agent of the insurer, we will let you know the capacity in which we act before we finalise your insurance arrangements.
Our role is to advise you and, after we have assessed your needs, to provide you with a personal recommendation explaining why the product recommended best meets your requirements. Where we can offer the availability of an instalment facility in order to pay the insurance premium by regular payments, we do not offer advice or make personal recommendations in relation to this, but we may ask some questions to narrow down the selection of options available, you will then need to make your own choice about how to proceed.
In situations where we are able to arrange insurance for you but do not offer advice, we will confirm the position in writing, this is usually where you have purchased a policy from us online.
Scope of service
We will not in any circumstances act as an insurer nor guarantee or warrant the solvency of any insurer. Our duty of care is solely to our customers, who are the only persons able to rely upon, or may be affected by, any advice provided by us. We will not take responsibility for anyone else acting upon advice that has not been provided to them directly from us.
Our range of products and insurers
We are not under a contractual obligation with any insurance provider, and we select our insurance policies from a limited range of insurers.
Our product offerings, and the insurers we can select from are outlined below:
| Ancillary | ||||||||||||
| Motor Legal | Home Legal | Home Emergency | Landlords Legal | Landlords Home Emergency | Commercial Legal | Goods in Transit | Tools in Transit | Breakdown | Excess Protect | Vehicle Replacement | Telematics Solutions | |
| Arya Underwriting Services | √ | |||||||||||
| Astrenska Insurance Limited | √ | |||||||||||
| Auto Legal Protection Services Ltd | √ | √ | √ | |||||||||
| Aviva Insurance | √ | |||||||||||
| Blink Intermediary Solutions | √ | |||||||||||
| ERS Insurance | √ | |||||||||||
| Financial & Legal Insurance | √ | √ | ||||||||||
| Hadleigh Insurance | √ | |||||||||||
| Jensten Underwriting | √ | √ | ||||||||||
| Lawshield UK Limited | √ | |||||||||||
| Matrix | √ | |||||||||||
| National Breakdown | √ | |||||||||||
| NCI Vehicle Rescue PLC | √ | |||||||||||
| RSA | √ | √ | ||||||||||
| Strategic Insurance Services Ltd | √ | √ | √ | √ | ||||||||
It is our intention to provide you with the highest level of customer service at all times, however, if you are not satisfied, please contact our Complaints Officer:
• In writing: Complaints Dept, One Sure Insurance Ltd, Spitfire House, 142-154 Congleton Road, Talke, Stoke on Trent, ST7 1LX
• By Telephone: 01782 880 140
• By E-mail: complaints@onesureinsurance.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 (FOS). For further information you can visit the FOS website www.financial-ombudsman.org.uk.
Access to the FOS is available for complainants coming within one of the following categories at the time we receive their complaint:
• Consumers (private individuals acting for purposes which are wholly or mainly outside that individual’s trade, business, craft, or profession)
• Micro-enterprises (businesses employing fewer than 10 persons and with a turnover or annual balance sheet total not exceeding €2 million
• Other small businesses (with an annual turnover of below £6.5m, and less than 50 employees or with an annual balance sheet total of below £5 million
• Charities with an annual income of under £6.5 million
• Trustees of a trust with a net asset value of under £5 million
• Certain types of Guarantor
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 in relation to insurance advising and arranging as follows:
• 90% of the claim, without an upper limit
• 100% of the claim, without an upper limit for compulsory classes of insurance such as third party motor, Long term insurance, professional indemnity insurance and general insurance claims arising from the death or incapacity of the policyholder owing to injury, sickness or infirmity, all where the insurance intermediary has failed to pay money to an insurer, pay away money it has received from an insurer, or has failed to take steps to allow the insurer to effect the contract of insurance
Further information about the compensation scheme arrangements is available from the FSCS online at www.fscs.org.uk.
Payment for our Services
We normally receive commission from insurers or product providers, typically this is from 5%-20% of the insurers premium. If you wish to know, you may ask us to confirm the exact amount applicable to your policy .
We act as a credit broker and offer introductions to Close Brothers Premium Finance to facilitate the payment of your premiums. We may receive commission for this which is typically around 15.45%.
• Any commission we receive will be paid by the insurer or product provider from the insurance premium
• Any commission we receive from the premium finance provider will be paid from the finance repayment
If your insurance policy is adjusted or cancelled, we retain our full commission. Any refund issued by the insurer will be after our commission is deducted, ensuring we keep all commission. You will not receive any commission rebate, even if your premium decreases.
We do not charge any additional fees (payable by you) for handling your insurance or arranging premium finance unless we have agreed these with you in advance .
Any fees we do charge are set out below:
| Refundable in the event of cancellation | ||
| Arrangement Fee: New Business (Advised Sales) | £100 or up to 40% of the insurer’s premium, whichever is greater. | No |
| Arrangement Fee: New Business (Non-Advised Sales) | Up to £75.00 | No |
| Arrangement Fee: Renewal | £100 or up to 40% of the insurer’s premium, whichever is greater. | No |
| Administration Fee: Midterm Adjustment | Up to £50.00 | No |
| Administration Fee: Green Card Charge | £15.00 | No |
| Administration Fee: Recorded Delivery Postage Charge | £7.50 automatically deducted from any credit/debit card that you have previously authorised us to use. | No |
| Administration Fee: MID Updates (Not Processed Online) | £10.00 | No |
| Administration Fee: Refunding Monies | £5.00 automatically deducted from total amount being refunded. Anything less than £15.00 will not be refunded. | No |
| Administration Fee: Bounced/Represented Payments | £25.00 | No |
| Administration Fee: Failure to Provide Bank Details within 48 hours | £10.00 will be deducted from any credit/debit card you have previously authorised us to use. If we don’t receive your bank account details within 48 hours, or if the bank account details you provide are wrong. | No |
| Administration Fee: Policy Not Taken Up (NTU) | £25.00 or the retention of any arrangement fee applied at point of sale, whichever is greater. | N/A |
| Cancellation Fee (Over 14 Days) | £85.00, plus the retention of our commission. | N/A |
| Cancellation Fee: Voided Policy | £85.00, plus the retention of our commission. | N/A |
Further information
If a discount is applied to your policy and your policy is cancelled, we will reverse this discount, which will result in a debit for the amount of the discount being applied.
If a telematics box has been purchased as part of the contract of insurance, then this charge will be non-refundable .
If your policy is set up on monthly instalments and we have an additional premium to collect, we will notify the premium finance provider who will spread it over the direct debits.
If your policy is paid in full and a debit is applied to your account, we will notify you of this debit and may use any credit/debit card that you have previously authorised to us to use to settle the balance.
No notification will be sent to you when a debit is applied for any letters issued by recorded delivery but will still be charged.
If you have agreed a payment plan directly with us, a late payment fee of £20.00 will be charged on any payment that is not paid to us on the agreed date.
You will be required to pay any debit balances promptly. If you fail to settle a debit balance promptly, we will use any credit/debit card that you have previously authorised us to use to settle the balance. We will notify you of the total premium payable, including any fees, taxes and other charges separate from the premium, prior to the conclusion of your contract.
Refunds will only be issued once we receive the monies from the insurers, this can take up to 6 weeks but with some Insurers, may take up to 6 months. If there is a finance agreement in place then any return premium due to you will be used to reduce or clear your finance agreement first, any remaining balance will then be returned to you in line with the above.
How we handle your money
We act as agents of the insurer in collecting premiums and handling refunds due to our clients. All monies are deemed to be held by the insurer(s) with which your insurance is arranged.
Cancellation
If you find a cheaper quotation within 48 hours, subject to written proof being sent to us; to show the quotation is on a like for like basis, you can cancel the policy with a full refund of any premium and administration fees.
This offer excludes any charges made for telematics equipment, where charges have been made for fitment of such equipment these will be disclosed to you at point of purchase and are not refundable.
You should make any request for the cancellation of a policy using the contact details outlined below;
• In writing: One Sure Insurance Ltd, Spitfire House, 142-154 Congleton Road, Talke, Stoke on Trent, ST7 1LX
• By Telephone: 01782 880 140
• By E-mail: info@onesureinsurance.co.uk
If your insurance policy is cancelled, either by us, the insurer or at your request , a cancellation fee of £85.00 will be charged against all policies, unless you are replacing your policy through our agency. All fees previously charged by us are non-refundable .
In addition to the charges levied by us, 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. Please refer to your insurance policy wording for the terms for your policy . Please note that we do not provide any refund for any legal assistance products sold unless this is within the 14-day cooling-off period .
You will be required to pay any debit balance. If you fail to settle a debit balance promptly, we will use any credit/debit card that you have previously authorised us to use, to settle the balance.
Renewals
If you arrange insurance with us and pay by monthly direct debit, credit or debit card then for your convenience and protection, where possible we will automatically renew your insurance policies (unless you inform us otherwise ).
We will write to you before your policy renewal date to remind you of this and to let you know what the revised payments will be. If you are paying instalments via direct debit your first payment will be taken within 14 days of your renewal date. If you previously paid in full by debit or credit card, then your payment will be taken in full by any debit or credit card that you previously authorised us to use up to 14 days prior to your renewal date .
We will write to you to confirm if we are unable to take the payment. If we have been unable to take the payment once you reach your renewal date, your policy will not be renewed, and your insurance cover will cease .
If we are unable to offer you with this service, then we will write to you to confirm alternative payment methods. For the avoidance of doubt, acceptance of these terms of business constitutes contractual acceptance of this auto renewal process and any consequential renewed policies.
Transfer of Agency
Should you wish to retain your insurance policy but no longer want us to act as your insurance broker, you may instruct us to stop acting on your behalf and we will not impose any penalty. This request must be made in writing and will become effective upon your written instructions provided that all outstanding premiums and fees have been paid in full.
Unless explicitly agreed upon in writing, any transactions initiated prior to the termination of our relationship will be completed in accordance with the terms outlined within this agreement. You will remain liable for the payment of any transactions concluded before the termination date. We shall be entitled to retain any commissions received for facilitating these transactions and will retain any fees charged by us for the services provided. Upon instructing us to stop acting as your insurance broker, it is your responsibility to make alternative arrangements for the administration of your insurance policy.
What are your responsibilities?
It is your responsibility to provide complete and accurate information, which insurers require in connection with any proposal for insurance cover. This is particularly important before taking out a policy, making a midterm alteration and at renewal, but also applies throughout the life of the policy. You need to ensure that you answer any questions we may ask of you accurately and to the best of your knowledge, failure to do so could result in any potential claims not being paid out by the insurer.
If you are a commercial customer, you have a duty to give a fair presentation of the risk to the insurer. This means you should disclose every material circumstance relevant to the risk being insured following a reasonable search within your business to identify and verify such information. This should include information which you and where applicable your senior management, persons responsible for arranging your insurance or other relevant third parties know or ought to know and should include all information that would influence the judgment of the insurer or that would out the insurer on notice that it needs to make further enquiries.
Examples of material circumstances are:
• Special or unusual circumstances relating to the risk;
• Any particular concerns which led you to seek insurance cover for the risk; and
• Anything which those concerned with the class of insurance and field of activity in question would generally understand as being something that would be dealt with in a fair presentation of risks for this type of insurance
Failure to provide a “fair representation” may result in a number of remedies by the insurer. If the breach was deliberate or reckless the insurer can void the contract and keep the premium. If the breach was not deliberate or reckless the insurer can void the contract, proportionately reduce a claim settlement or amend the insurance policy terms and review the merits of a claim on this basis.
You should therefore check all the details on any proposal form or statement of fact and pay particular attention to any declaration that you may be asked to sign. You should read all insurance documents issued to you and ensure that you are aware of the cover, limits and other terms that apply. Particular attention should be paid to any warranties and conditions as failure to comply with them could invalidate your policy. You should take a note of the required procedures in the event of a claim, which will be stated in the policy documentation. Generally, insurers require immediate notification of a claim or circumstances that might lead to a claim. You should inform us immediately of any circumstances that 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.
Our Right to Cancel Your Insurance
We reserve the right to cancel your insurance policy in certain circumstances, where this occurs, we will give you a minimum of 7 days’ notice.
Valid reasons include:
• Non-payment of premiums or fees.
• Failure to make payments under your credit agreement.
• Cancellation of your credit agreement
• Deliberate failure to comply with terms set out within the terms of business.
• Deliberate misrepresentation or attempted fraud
• Use of threatening or abusive behaviour or language, or intimidation or bullying of our staff or suppliers.
The Processing of your Personal Data
In your dealings with us you may provide us with information that may include data that is known as personal data. Where we process personal data, we comply with statutory data processing requirements as set out by the Data Protection Act 2018. The personal data we will collect will include information relating to your name, address, date of birth, criminal offences, your health and contact details.
We will process your personal data to allow us to provide you with our services as your insurance broker in quoting for, arranging and administering your insurances and premium finance. Your personal data will also be used to manage future communications between you and us. Where you have agreed, or in circumstances where to do so will be in our mutual interests, your personal data will be used to provide you with further information about our wider products and services.
In processing personal data for insurance purposes about health and criminal offences, we will only do so to enable us to provide our service to you and on the basis of it being in the public interest.
The Data Protections Act 2018 provides you with Access Rights that allow you to gain an understanding on the data being processed, who we share it with, for what purposes, why we need to retain it and our retention periods, to object to the processing and to place restrictions on the processing, to request copies of your data and to request the deletion of your data.
If you require further information on how we process your data or you wish to exercise your rights, please contact our Data Privacy Representative.
- In writing: Data Privacy Representative, One Sure Insurance Ltd, Spitfire House, 142-154 Congleton Road, Talke, Stoke on Trent, ST7 1LX
- By Telephone: 01782 880 140
- By E-mail: info@onesureinsurance.co.uk
How we process your personal data is detailed further within our Privacy Notice.
Credit Checks
We and other firms involved in arranging your insurance, may use public and personal data from a variety of sources including credit reference agencies and other organisations. The information is used to help tailor a price, to ascertain the most appropriate payment options for you and to help prevent fraud. Any credit reference search may appear on your credit report whether or not your application proceeds.
Conflicts of Interest
Occasions can arise where one of our associated companies, clients or product providers will have a 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.
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. If we act on behalf of an insurer in negotiating and settling claims, we will inform you that we will be acting on behalf of the insurer, not yourself, before your insurance arrangements are concluded and again at the point of claim.
Combating Financial Crime
We are obliged to conduct reasonable due diligence to protect you and us against the risk of financial crime. We may require you to provide evidence to assist us with verifying your identity and any payment details you provide to us to ensure that the transactions that we conduct on your behalf are legitimate.
Neither party shall be involved in the offering, promising or giving of any financial or other advantage to any person in breach of any applicable anti-bribery laws (including the Bribery Act 2010). We are obliged to report evidence or suspicion of financial crime to the relevant authorities at the earliest reasonable opportunity and may be prohibited from disclosing any such report to you.
We shall not provide any services, provide any benefits, or make any payments to any client that is the subject of any trade and economic sanctions or embargos or provide services to any client located, organised in or resident in a country or territory that is the subject of comprehensive country sanctions.
We will carry out checks of the consolidated list of financial sanctions targets designated by the United Nations, The European Union and the United Kingdom and maintained by the Office of Financial Sanctions (OFSI) for all customer transactions. If sanctions apply, we are obliged to report the transaction to the relevant authorities and, in such cases, we shall not make any further payments or process already notified claims and insurers may invoke cancellation rights to terminate affected insurance contracts.
