Terms of Business

Aviate Protect is a trading name of Find Insurance NI Ltd t/a Find Insurance who are an appointed representative of Find Insurance NI Ltd which is authorised and regulated by the Financial Conduct Authority (FCA).

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. We draw your particular attention to:

  • The section headed ‘Use of personal data’ and specifically the paragraph explaining how ‘sensitive personal data’ will be used; and
  • The section headed ‘Handling money’, which explains our terms for handling client money in a Statutory

Trust account

For your own benefit and protection, you should read these terms carefully. If you are unsure about any aspect of our Terms of Business or have any questions regarding our relationship with you, please contact us at 42/44 Spencer Road L’Derry BT47 6AA.

The Financial Conduct Authority

Find Insurance NI Ltd t/a Find Insurance is authorised and regulated by the Financial Conduct Authority (FCA).Our FCA Register number is 471896. Our permitted business is introducing, advising, arranging, dealing as agent and assisting in the administration and performance of general insurance contracts.

You may check this on the FCA’s register by visiting the FCA website, www.fca.gov.uk/register/ or by contacting the FCA on 0800 111 6768.

Our service

Helping you to decide 

Our role is to advise you and, after we have assessed your needs, to make a suitable recommendation.

In some circumstances we do not provide advice and we will therefore confirm in separate documentation whether or not any advice or recommendation has been made before finalising your insurances.

We will not provide further advice or recommendations following the arrangement of insurance cover, unless you notify us of a material change of circumstances or formally request that we review your insurance arrangements. At renewal, unless we give you a quote for cover with an alternative insurer, we will not offer advice or make recommendations (unless you request this during the renewal process).

We will not in any circumstance guarantee the solvency of any insurer.

Comparison Facility on our website:

Please note the comparison facility available on our website is provided by a Third Party and this service does not constitute providing advice.

The capacity in which we act for you

In providing our service, we may sometimes act as an agent of the insurer. We will confirm the capacity in which we will act for you before undertaking any relevant transactions on your behalf.

Our product range and the range of insurers used

We select commercial insurances from a range of insurers, but for certain products, we only select products from a limited number of insurers or only offer products from a single insurer. We will give you further information about this before we finalise your insurance arrangements; where we select products from a limited number of insurers you may ask us for a list of the insurers we deal with for these products.

If we propose using another intermediary to help place your business, we will confirm this to you in good time before any arrangements are finalised.

Complaints and compensation

We aim to provide you with a high level of customer service at all times but, if you are not satisfied, please contact us:

In writing… Write to Managing Director, Find Insurance, 42/44 Spencer Road, L’derry, BT47 6AA

By phone… 028 71 311 171

By email…. complaints@findinsuranceni.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 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)
  • Businesses employing fewer than 10 persons and with a turnover or annual balance sheet total not exceeding €2 million
  • Charities with an annual income of under £1 million
  • Trustees of a trust with a net asset value of under £1 million

We are covered by the Financial Services Compensation Scheme (FSCS) for our insurance mediation activities. You may be entitled to compensation from the scheme if we cannot meet our  bligations. 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 as follows:

  • Insurance advising and arranging is covered for 90% of the claim, without any upper limit
  • For compulsory classes of insurance (such as Third Party Motor or Employers Liability), insurance advising and arranging is covered for 100% of the claim without any upper limit

Further information about compensation scheme arrangements is available from the FSCS on 0800 678 1100 (freephone) or 020 7741 4100 or www.fscs.org.uk.

Payment for our services

We normally receive commission from insurers or product providers. In good time before the conclusion of each insurance contract, or upon renewal, we will remind you of your right to be informed of the level of commission which we receive from underwriters. You are entitled, at any time, to request information regarding any commission which we may have received as a result of placing your insurance business. In circumstances where we agree with the insurer to receive premiums net of commission, a negotiated fee in lieu of commission will be arranged between you and your account handler.

We charge you for handling your insurances as follows:

  • New business – £40 (If New Business placed before 1st November 2015 – £30)
  • Renewals – £40 (If Renewal before 1st November 2015 – £30)
  • Mid-term amendments – £15
  • Creation finance arrangement fee: £25 when using Creation as your finance provider – this will be added to the duration of the monthly payments
  • Cancellations – Commission plus £15
  • Issuing duplicate documentation for commercial motor policies – £15
  • Copies of personal data we hold about you – £10 per request
  • Credit Card payments – 3% of total price
  • Unpaid Cheques – £25

You will receive a quotation which will tell you the total price to be paid, and which identifies any fees, taxes and charges separately from the premium, before your insurance arrangements are concluded. If your business is transacted in Euro the fee due will be paid in Euro; if placed in GBP the fee will be in GBP.

Any discount allowed at inception of the policy will also be clawed back from any return premium following the cancellation of that policy.

We also draw your attention to the sections headed ‘Cancellation of insurances’ and ‘Ending your relationship with us’.

Consumer Credit Act – Arranging Finance

Find Insurance NI is authorised and regulated under the Consumer Credit Act by the Financial Conduct Authority as a credit broker. We perform this role as we conduct a regulated activity by  rranging finance or introducing you to finance providers for the payment of your insurance contract. We are an independent credit broker as we have access to a range of third party finance providers to secure competitive terms. All our finance arrangements are on an advised basis as we will recommend the finance provider most suitable for the payment of your insurance contract.

Withdrawing from credit agreement

In the event that you may wish to withdraw from your credit agreement, you must provide us with oral or written instruction within 14 days of;

Agreeing to enter the credit agreement or receiving a copy of the agreement – Whichever is the later date.

Withdrawal exemption

The right of withdrawal applies to all regulated consumer credit agreements with the exception of:

Agreements for credit exceeding £60,260

Cancellation of insurances

You should make any request for the cancellation of a policy in writing and any relevant certificate of insurance must be returned to us or to the insurer concerned if you are specifically requested to do so.

In the event of cancellation, charges for our services will apply in accordance with the ‘Payment for our services’ section above / our Tariff of Fees (attached/enclosed).

The terms of your policy may allow insurers to retain the premium in full or to charge short­period premiums in the event of cancellation before the policy expires.

Ending your relationship with us

Subject to your immediate settlement of any outstanding premiums and fees, you may instruct us to stop acting for you and we will not impose a penalty.

Your instructions must be given in writing and will take effect from the date of receipt.

In circumstances where we feel we cannot continue providing services to you, we will give you a minimum of 7 days notice.

Unless otherwise agreed in writing, if our relationship ends, any transactions previously initiated will be completed according to these Terms of Business.

You will be liable to pay for any transactions concluded prior to the end of our relationship and we will be entitled to retain commission received for conducting these transactions, together with all fees charged by us for services provided.

Handling money

Our financial arrangements with most insurance companies are on a ‘Risk Transfer’ basis. This means that we act as agents of the insurer in collecting premiums and handling refunds due to clients. In these circumstances such monies are deemed to be held by the insurer(s) with which your insurance is arranged. A copy of the Deed of Trust is available on request or may be inspected at our premises during normal office hours. Interest earned on monies held in such a Trust account will be retained by us.

We may hold your premium in respect of risks insured in the Republic of Ireland (ROI) in a client money bank account outside the United Kingdom (UK) in the ROI. In such circumstances the legal and regulatory regime applying to the bank may differ for that in the UK. In the event of failure of the bank your money may be treated in a different manner from that which would apply if the money was held by a bank in the UK. The bank may not have accepted that it has no right of set­off or counterclaim against money held in a client bank account in respect of any sum owed on any of our other accounts even though we may have requested it to do so.

For the purpose of some transactions, client money may pass through other authorised intermediaries before being paid to the insurer.

Please note, Risk Transfer financial arrangements do not apply to the facility of the comparison system provided by a Third Party Company on our website. This risk transfer information is in relation to customers dealing with Find Insurance, i.e., via telephone or face to face sale.

Your responsibilities

You are responsible for providing the complete and accurate information which insurers require in connection with any proposal for insurance cover. This is particularly important before taking out a policy and at renewal, but it also applies throughout the life of a policy.

If you fail to disclose information, or misrepresent any fact which may influence the insurer’s decision to accept the risk or the terms offered, this could invalidate the policy and mean that claims may not be paid. You must check all details on any proposal form or Statement of Facts and pay particular attention to any declaration you may be asked to sign.

It is important that you read all insurance documents issued to you and ensure that you are aware of the cover, limits and other terms that apply. Particular attention must be paid to any warranties and conditions as failure to comply with them could invalidate your policy.

You must inform us immediately of any changes in circumstances which may affect the services provided by us or the cover provided by your policy.

Use of personal data

We will process any personal information we obtain in the course of providing our services to you in accordance with the Data Protection Act 1998. In administering your insurances it will be necessary for us to pass such information to insurers and other product or service providers which may also provide us with business and compliance support.

If you choose a Third-Party Finance provider or an insurer’s direct debit facility as your method of payment please be aware that they may conduct credit checks prior to accepting your application for this facility.

We may also disclose details to relevant parties, as necessary, to comply with regulatory or legal requirements. We may contact you in order to promote products or services which may be of interest to you.

We will not otherwise use or disclose the personal information we hold without your consent.

Some of the details you may be asked to give us, such as information about offences or medical conditions, are defined by the Act as sensitive personal data. By giving us such information, you signify your consent to its being processed by us in arranging and administering your insurances.

Subject to certain exceptions, you will be entitled to have access to your personal and sensitive personal data for which you will be charged a fee of £10.

If at any time you wish us, or any company associated with us, to cease processing any of the personal data or sensitive personal data we hold, or to cease contacting you about products and services, please write to Operations Director, Find Insurance, 42/44 Spencer Road, Londonderry, BT47 6AA.

Conflict of interests

Occasions can arise where we, or one of our associated companies, clients or product providers, may have a potential 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 we will detail the steps we will take to ensure fair treatment.

Claims handling arrangements

If you have purchased your insurance policy via the comparison system on our website, you will need to contact your insurer using the contact details provided within your policy documentation.

However, if you have purchased your insurance policy with Find Insurance NI as your Insurance broker, CCH Ltd will deal with the administration of your claim. 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.

Acceptance of Terms of Business

Please contact us immediately if there is anything in these Terms of Business that you do not understand or with which you disagree, or if you have any questions, please contact your usual contact in the first instance who will be pleased to assist you.

If we do not hear from you within 30 days of receiving this Terms of Business or if we receive an instruction or confirmation of an order to arrange cover on your behalf, whether or not within 30 day period, this will be an event to be considered acceptance of the terms and conditions of this Terms of Business Agreement.

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