Terms and Conditions

Nash Warren Insurance Services Limited – Terms of Business Agreement

Head Office Address: 309-311 Long Lane, Halesowen, West Midlands, B62 9LD
Telephone: 0330 053 5110
Email: info@nashwarren.co.uk

Definitions

In this Terms of Business Agreement “we”, “us” and “our” means Nash Warren Insurance Services Limited.

Who Regulates Us

We are authorised and regulated by the Financial Conduct Authority (‘’FCA’’) and our registration number is 466459.
You may check this by visiting the FCA’S website, www.fca.org.uk/register or by contacting the FCA, www.fca.org.uk/contact or by telephone on 0800 111 6768.

Accepting Our Terms of Business

By asking Nash Warren Insurance to quote for, arrange or handle your insurance requirements, you are agreeing to the terms stated in these Terms of Business.  It will remain in force until we issue a revised version.  For your own protection, you should read these terms carefully, so you understand our terms and charges. If you are unsure about the contents contained in this document or if you have any questions with regards to our relationship with you, please contact our office at the above address.

Law and Language

This Terms of Business Agreement is subject to English Law and the jurisdiction of the English Courts.  We will use the English language for all communications, the contractual terms and conditions, and any information we are required to supply to you before and during the duration of the contract.

Methods of Communication

Whilst you do have a choice in the way we communicate with you; we will principally provide you with information using electronic means (usually this will be e-mail or some other means to enable you to access information electronically).  During the process of dealing with us you will be given an option to receive information in this way, if you would like information in paper format, we will be happy to provide it.

Limit of Liability

This clause restricts the amount that may be recoverable as a result of our negligence.  Other than injury or death of any person (for which no cap on liability will apply), our liability to you for the services we provide shall not exceed £2,000,000 in connection with any one claim.

About Our Service

We are an Independent Insurance Intermediary and we will act on your behalf in:-

1. Arranging your insurance to meet your requirements, or where your requirements cannot be fully met, we will provide you with enough information to make an informed decision on an insurance product.
2. Advising, assisting with administration with the placing and administration of all types of general insurance policies and consumer credit activities: credit broking.
3. Effecting any changes that you need to make to your insurance.
4. Assisting with the renewal of your policy.

When you use our website to arrange your insurance online via our insurance partners you do so on an unadvised basis, you will need to make your own choice on the suitability on a product based on your requirements, however should you wish to speak to an advisor prior to proceeding then please call us on 0330 053 5110.

All premiums quoted are subject to the current rate if Insurance Premium Tax (IPT) as defined by HM Government.

Our Selection (Fair and Personal Analysis)

Our Selection usually involves presenting to a reasonable number of insurance companies that will insure for the risk at hand, and this is called a fair & personal analysis of the market.  Sometimes we may only approach a specified number of insurers and this is a panel, or in some cases we may only approach one insurer, in either case, we will tell you the basis as part of our selling process.  We will also provide a list of the companies that form the panel we have approached at the quotation stage.

Our Product Selection (Panel)

We only offer products from a panel of insurers that we have selected as appropriate for the cover you require.  We will also provide a list of the companies that form the panel we have approached at the quotation stage.

Your Demands and Needs

Consumers (Private Individuals)

In assessing your demands and needs we will ask you a number of questions. It is your responsibility to ensure you give us complete and accurate answers to any such questions, not only when you take out your policy, but also when you decide to renew or make any changes during any term of a contract of insurance (this applies to any changes in information to all the people on the policy).

We will make a specific recommendation or provide you with specific advice, we will give you the relevant information you require, honestly, fairly, and professionally and in a way that is in your best interests (i.e., we will alert you to important terms and conditions about the contract of insurance, and we will try and do this by giving you that information when it is most relevant). This may include information about comparable products between different product providers, all of which will enable you to make your own choice about whether to go ahead with any particular contract of insurance.

The reason why this is vital and extremely important is that if you fail to tell us or the insurer something when asked or act deliberately or recklessly in making misrepresentations when answering questions, your policy may leave you with no insurance protection; insurers may not pay a part or all your claim and may cancel your policy. You may find it difficult to re-arrange cover because you did not tell an insurer everything when asked, and you must disclose this fact when you reapply for insurance. Failure to answer questions honestly and reasonably, when asked, may leave you with no cover and a claim not paid.

Non-Consumers (Not an Individual – Contract is wholly or significantly for trade, business or professional purposes)

It is your duty to provide all materially important information, fully, completely, and accurately to us and your insurers not only when you take out your insurance, but also throughout the life of your arrangement, at the annual renewal or at any other time when changes occur.

We will make a specific recommendation or provide you with specific advice, we will give you the relevant information you require, honestly, fairly, and professionally and in a way that is in your best interests (i.e., we will alert you to important terms and conditions about the contract.

Materially important information is any information that could influence an insurer’s decision to accept your risk including the cost of your insurance.  For example, details of previous insurance claims that you have made, or reported.  Personal information about you, such as Criminal Convictions (you have a duty to give this information even when the insurance relates to a business and not you).  General information about the risk, such as the construction of a building, (for example, concrete floor, timber frame with brick, stone, and a slate roof) if you are not sure how much information to provide or do not understand the question please ask.

This reason why this is vital and extremely important is that if you fail to tell us something, your policy will leave you with no insurance protection; insurers will not pay any claims and will cancel your policy.  You will find it difficult to re-arrange cover because you did not tell an insurer everything, and you will have to disclose this fact when you reapply for insurance. Failure to disclose these facts may leave you with no cover and a claim not paid.

Ownership

There is no ownership between any insurer and ourselves.

Confidentiality and Data Protection

We will treat all customers’ information in a confidential manner and will ask you a set of questions to ensure that we are speaking to the policyholder only.  We are not authorised to speak to another person in relation to your insurance and will decline any request for information or to make alterations to your policy unless we have a legal mandate to do so.  We aim to process your data responsibly, fairly and in strict accordance with the General Data Protection Regulations (GDPR) and The Data Protection Act (DPA) 2018.

We will process and store any personal information we obtain in the course of providing our services to you in accordance with the General Data Protection Regulation (GDPR).  In administering your insurance, it will be necessary for us to pass such information to insurers or other product providers.  We may disclose details to relevant parties as necessary to comply with regulatory or legal requirements.

You have certain rights in relation to how and when we may contact you and we will ask you a series of questions to determine your needs. You also have the right to be forgotten and should you request this option, we will explain what this means to you. Data held about you is secure and complies with GDPR rules. Details of any credit or debit card used in connection with the arrangement of your insurance will not be held by us on computer or file; and will not be passed to a third party.

Please visit https://www.nashwarren.co.uk/privacy-cookies-policy to view a copy of our full Privacy Notice.

Our Remuneration (Fees, Charges and Money)

We receive commission from insurers or product providers in respect of insurance products that are provided, commission can vary from different products and insurers however you can ask us at any time what commission we have earned from policies arranged on your behalf. On certain occasions we may not receive a commission in these circumstances we reserve the right to negotiate a one-off fee with you however details of any such fees will be provided at the time of quotation.

Our financial arrangements with all of our insurers and product providers are on the basis of Risk Transfer.  This means that we act as the agent of the insurers in collecting premiums and handling refunds that are due to customers.  All monies are deemed to be held by the insurer(s) with which your insurance was arranged. Monies are held in a designated Insurance Broker Trust Account as per the relevant regulatory rules and a copy of the Deed Trust is available on request. Any interest that is earned will be retained by us.

What will you have to pay for Our Services?

Consumers

Non-Consumers

Fees charged have been determined by the complexity of a risk and the timescales involved.  All/Any fees will be disclosed to you prior to inception.

For all non-consumer products our maximum fee is calculated based on a percentage of the gross annual premium, less any commission earned from the insurer/product provider.

All non-consumer products (except for Motor Trade Combined, Liability & Public Liability and Excess Layer policies) will have a maximum fee of 30% of the gross annual premium less commission applied.  For Motor Trade Combined, Liability & Public Liability and Excess Layer policies the maximum fee is 35%. All are subject to a minimum fee of £50.00.

The above fee structure is applied to both newly incepted policies and at renewal of existing policies.

Should you make a change to your policy, a mid-term adjustment fee of £40.00 will apply.

Applicable to both consumers and non-consumers, please note that in respect of cancellation your insurers may also apply their own fees and charges.  Insurer cancellations will be on either a short-period or pro-rata basis and specific details will be set out in the individual insurers policy terms/wording.  In the event of cancellation where a claim has been notified there will be no refund offered and all premiums will remain payable.  Should you elect to pay your insurance premium via one of our finance providers, please note that they make their own fees and charges.  These are explained to you pre-contract and are set out in the finance providers inception documents.

Finance Payment Options and Credit checks

In the event that your insurance has been arranged on finance, we will advise you of the name of the finance provider, the initial amount required by the Insurance Company and the additional premium you will be required to pay if you select to pay on premium finance. We will also advise you of the amounts you will be required to pay and when.

We receive a commission for arranging finance agreements for the payment of insurance premiums and this is usually expressed as a percentage of the individual loan (typically 11% of the premium funded) and is paid to us directly by the finance provider.  This means that the amount you pay for credit and the overall cost of arranging your insurance will vary according to the interest charged by the lender and the amount of commission we earn.  Using premium finance makes the overall cost of the insurance more expensive.  A full breakdown of the cost of your insurance and the cost of credit will be provided as part of your new business or renewal quotation before you decide whether to proceed.

Please read the information provided by your finance provider carefully, including the cancellation arrangements, in conjunction with our Terms of Business Agreement and your Insurers information.   You should be aware that certain Insurers and Finance providers may carry out credit checks when arranging your insurance.

Conflicts of interest

As insurance brokers we generally act as your agent in advising you, arranging your insurance and assisting you in the event of a claim. In certain circumstances we may act for and owe duties of care to insurers and/or other parties. Where we become aware of any actual or potential conflict of interest, we will inform you of the situation, the options available to you and obtain your consent before we proceed.

Our Customers Best Interests

Our primary aim is to ensure, for any customer (or potential customer) to act honestly, fairly and professionally and in the customers best interest including giving customers information they might need to understand the relevance of any information we provide as well as objectively giving that information when it is most useful to a customer to enable informed decision making.

Cancellation

Should you wish to cancel your insurance policy at any given time, you must put your request in writing and direct to the address specified at the top of this document, or by email to the email address at the top of this document.  Exercising your rights to cancel means that you have withdrawn from the contract and that cover is terminated.

Cancellation within the 14-day cooling off period

The cooling off period commences from when your policy begins or when your policy documents are received, whichever is later.  You will receive a refund of premiums paid, less a charge by your insurer for the time with which you have been provided with cover and possibly an insurer cancellation fee.  Nash Warren will also apply our service fees as detailed earlier in this document.

Cooling off periods do not apply to business insurance contracts (unless stated otherwise by the individual insurer in their policy terms/wording). All fees are non-refundable.

Cancellation outside of the cooling off period

Cancellation terms vary for each individual insurer, and you should refer to your policy wording for accurate information, alternatively contact our Customer Services Team for advice.  Please note that both insurer and broker cancellation fees will apply.  Refer to the earlier service fees section for details.  Cancellation of a direct debit does not cancel your insurance policy.  Cancellation refunds due will be returned only once we have received the funds from your insurer. All fees are non-refundable.

Complaints

We always aim to offer you a high level of customer service, but if you feel at any time that this level has dropped below what you would expect of us or if you are in anyway dissatisfied with any aspect of our service or the policy cover provided, we offer a formal complaints procedure.

To make a complaint either put your comments in writing to our General Manager and send to the address noted at the top of this document or telephone our office on 0330 053 5110 or send an email to info@nashwarren.co.uk.

If we are unable to resolve the issue to your satisfaction by the end of the third business day, we will formally investigate the matter.  You will receive an acknowledgement of the matter together with a copy of our complaints processed promptly and certainly within 5 working days.  We will then aim to investigate and provide a resolution as quickly as possible, informing you of the position at no later than 4 weeks and a final response no later than 8 weeks.

Complaints will be dealt with using our complaint handing procedure a copy of which is available on request, if you are not satisfied with the outcome of your complaint then you may be able to refer the matter to the Financial Ombudsman Service (FOS).

Access to the FOS is available to complaints that originate from the following categories*

1. Consumers (private individuals)
2. A Micro-Enterprise – Employs fewer than 10 people and has a turnover or balance sheet that does not exceed 2 million euros
3. Small and Medium Size Enterprises (SME’s) with an annual turnover of less than £6.5 million and:

either

A balance sheet total of less than £5 million

Or

Fewer than 50 employees

6. Charities with income less than £6.5 million
7. Trusts with net assets less than £5 million
8. A Guarantor
9. A CBTL Consumer

Full details of the Financial Ombudsman Service are available via their website: www.financial-ombudsman.org.uk.

*Definitions of eligible complainant is set by the Financial Conduct Authority

Financial Services Compensation Scheme (FSCS)

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 we have advised or arranged insurance for you this will be covered for 90% of a claim, without any upper limit, however claims under compulsory insurance, professional indemnity insurance and certain claims for injury, sickness or infirmity of the policyholder are protected at 100%.  Full information about compensation scheme arrangements is available from the FSCS by visiting www.fscs.org.uk or via their helpline on 0800 678 1100.

Financial Crime

Please be aware that current UK money laundering regulations require us to obtain adequate ‘Know Your Client’ information about you. We are also required to cross check you against the HM Financial Sanctions List as part of the information gathering process. We are obliged to report to the National Crime Agency any evidence or suspicion of financial crime at the first opportunity and we are prohibited from disclosing any such report. We will not permit our employees or other persons engaged by them to be either influenced or influence others in respect of undue payments or privileges from or to insurers or clients.

Financial Strength

We regularly access the financial strength of the Insurance Companies and other intermediaries that we deal with.  Whilst we take care to deal with companies that maintain reasonable solvency margins, we cannot guarantee their financial ability to pay claims.

Marketing

It is extremely important that all parties insured under your policy understand how we process information, including that set out in this Terms of Business Agreement.

In distributing any marketing, we will act honestly, fairly, and professionally and in the best interests of a customer or potential customer, including asking you separately for your permission (consent) to contact you, and the means to contact you (such as by phone, or e-mail, push notifications, SMS text, or post) to tell you about:

1. a) new products or services we have or are developing;
2. b) trialling products and services which we think may improve our service to you or our business processes;
3. c) offer you rewards;

We will typically ask for your permission when you first contact us but you have the right to easily withdraw your consent whenever you wish (unsubscribe). We will regularly review your consent to check that your relationship with us and the processing and the purposes have not changed. We have processes in place to refresh your consent at appropriate intervals, including any parental consents and act on withdrawals of consent (unsubscribe) as soon as we can and not penalise you if you choose not to give or later choose to withdraw your consent.

It is important that you understand you have the right to withdraw or alter your marketing preferences at any time either using the subscription link contained in any electronic marketing, by calling our main office telephone, emailing us or writing to us using the details at the top of this document.

Call Recording

Your call may be recorded for training or monitoring purposes. We ensure all call recordings are protected in the same way as any other digital or written data in strict accordance with the General Data Protection Regulations (GDPR) and The Data Protection Act (DPA) 2018.

Version April 2024