TERMS OF BUSINESS AGREEMENT
Henderson and Company
1. Introduction
This Terms of Business Agreement (“Agreement”) sets out the basis on which Liam & John Henderson trading as Henderson and Company (“we”, “us”, “our”) provide insurance broking services to you (“you”, “your”).
Please read this document carefully. By instructing us to act on your behalf, you agree to be bound by these terms.
2. About Us
Trading Name: Henderson and Company
Legal Status: Liam & John Henderson t/as Henderson and Company
Authorisation: Authorised and regulated by the Financial Conduct Authority (FCA)
FCA Register: You can check our status on the Financial Services Register at www.fca.org.uk
We act as an independent insurance broker and place insurance with a range of insurers.
3. Our Services
We provide insurance broking and related services in relation to:
Our services may include:
We will make a personal recommendation where required by regulation, based on the information you provide.
4. Duty of Disclosure
You have a duty to take reasonable care to answer all questions honestly and accurately and to disclose all material facts which may influence an insurer’s decision to provide cover or set terms.
This duty applies:
Failure to disclose material information may result in your policy being voided, claims being declined, or additional terms being applied.
5. How We Are Paid
We are normally remunerated by commission paid by insurers with whom we place business. This commission is usually a percentage of the premium.
In some circumstances, we may also charge you a fee for our services. If a fee is payable:
All fees are non-refundable unless otherwise stated.
6. Premiums and Payment
You are responsible for the prompt payment of all premiums, fees, taxes and charges.
Failure to pay premiums when due may result in:
Where premiums are paid by instalments, these arrangements are usually provided by a third-party premium finance provider and subject to their own terms and conditions.
7. Client Money
Unless otherwise advised, we may hold client money in accordance with FCA Client Assets (CASS) rules.
Further details about our client money arrangements are available on request.
8. Claims
You should notify us as soon as reasonably possible of any incident which may give rise to a claim.
We will assist you with the notification of claims and liaise with insurers on your behalf where appropriate. The decision to accept or reject a claim rests with the insurer.
9. Complaints
If you wish to make a complaint, please contact us in the first instance so we can try to resolve the matter promptly and fairly.
If we are unable to resolve your complaint to your satisfaction, you may be entitled to refer it to the Financial Ombudsman Service (FOS):
You must refer your complaint within the time limits specified by the FOS.
10. Data Protection
We process personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
Your data may be shared with:
We will only use your data for lawful purposes related to the provision of insurance services. A full privacy notice is available on request.
11. Conflicts of Interest
We aim to manage conflicts of interest fairly and transparently. Where a conflict arises that cannot be managed effectively, we will disclose this to you before proceeding.
12. Limitation of Liability
We shall not be liable for:
Nothing in this Agreement limits our liability for fraud or any liability which cannot be excluded by law.
13. Termination
This Agreement may be terminated by either party at any time by giving written notice.
Termination will not affect:
We reserve the right to retain fees already earned.
14. Law and Jurisdiction
This Agreement is governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction.
15. Acceptance
By instructing Henderson and Company to act on your behalf, you confirm that you have read, understood and agreed to these Terms of Business.