Terms Of Business Agreement
Our terms of business agreement
About us
A Kerry Services Ltd of 3 Kings Court, Newcomen Way, Severalls
Business Park, Colchester, Essex C04 9RA is authorised and regulated
by the Financial Conduct Authority. Our FCA Firms Registration Number
is 918196. We are permitted to arrange, advise on, deal as an agent of
insurers and clients and assist in claims handling with respect to non-investment insurance policies. You can check these details on the FCA
Register by visiting the FCA website http://www.fca.gov.uk/register or by
contacting the FCA on 0800 111 6768. We are also authorised by the FCA
for consumer credit broking, We act for a number of lenders.
Our scope of service
We offer a wide range of insurance products and have access to leading
insurers in the marketplace. When we arrange your insurance we will
provide you with a personal recommendation to buy the policy, on the
basis of a fair and personal analysis of the market. Where we use only a
single insurer for a product, you will be informed of this at the time of the
quotation.
Conflicts of interest / customers best interests
As insurance brokers we generally act as your agent in advising you,
arranging your insurance and assisting you in the event of a claim. We
generally act on your behalf in arranging your insurance, but we’ll make clear
at the outset whether we are acting for you or for the insurer in particular
circumstances. We will always act honestly, fairly and professionally
ensuring your best interests are our priority. 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 with our
duty to you, we will inform you of the situation, the options available to you
and obtain your consent before we proceed.
Your duty of disclosure
Commercial customers: Where we arrange insurance wholly or mainly
for purposes related to your trade, business or profession, you have a duty
under The Insurance Act 2015 to make a fair representation of the risk.
This means that you must disclose every material circumstance which you
and/or your senior management and/or anyone responsible for arranging
your insurance know or ought to know. A material circumstance is one
which may influence an insurer’s judgement over whether to take the risk,
and if so on what terms. If you are in doubt as to whether a circumstance
is material, then you should disclose it. Alternatively, you must disclose
sufficient information which would put the insurer on notice that it needs
to make further enquiries for the purpose of revealing those material
circumstances. You are expected to carry out a reasonable search in order
to make a fair representation of the risk and will be deemed to know what
should reasonably have been revealed by the search. Your duty of fair
representation applies at the start of the policy, at renewal and when any
variation of the policy is arranged. If you fail to make a fair representation,
the insurer may refuse to pay your claim or reduce the settlement amount,
depending on the circumstances.
Retail consumers: You must take reasonable care not to make a
misrepresentation to the insurer. This means that all the answers you give
and statements you make as part of your insurance application, including
at renewal and when an amendment to your policy is required, should
be honest and accurate. If you deliberately or carelessly misinform the
insurers, this could mean that part or all of a claim may not be paid.
How to cancel
You may have a statutory right to cancel this policy within a short period.
Please refer to your policy summary or your policy document for further
details. If you cancel within the statutory period (where it applies) you will
receive a pro-rata refund of premium from the insurer. Insurers are also
entitled to make an administrative charge and we may keep an amount
that reflects the administrative costs of arranging and cancelling the
policy. If you wish to cancel outside this period you may not receive a
pro-rata refund of premium. We may also keep an amount that reflects
the administrative costs of arranging and cancelling the policy (see tariff of
charges). No return of premium will be due in the event that a claim, loss or
accident has occurred within the period of insurance.
Protecting your information
We take your privacy extremely seriously and we will only use your personal
details in line with our Privacy Notice which is available upon request.
Please ensure that you read it carefully and contact us immediately if you
have any queries. Where necessary, for example where we would like to
use your data for some marketing purposes, we shall ask for your specific
consent to do so. Your personal information includes all of the details you
have given us to process your insurance policy (we will not ask for more
information than is necessary). We may share your data with Third Parties
for the provision and ongoing performance of your insurance policy. Your
data may be transferred outside the UK. We will not sell, rent or trade
your data under any circumstances. All of the personal information you
supply to us will be handled strictly in accordance with the applicable Data
Protection regulations and legislation.
How to claim
Please refer to your policy summary or your policy document if you need to
notify a claim. You should contact the insurer direct as soon as possible.
Alternatively, please contact us on 01206 854579.
Fees and charges
£25 for mid-term adjustments, duplicate cover notes & certificates.
£25 for policy cancellations.
Charges for commercial customers will vary and will be notified before you
commit to the insurance.
If you pay your premium by instalments we will inform you of any additional
fees, charges or interest due as part of your credit arrangement.
Our earnings
When we sell you a policy, the insurer pays us a percentage commission
from the total premium. Where we provide premium credit, we receive a
commission from the provider which is a percentage of the annual premium
being funded. Details of the commission or any other remuneration we
receive from insurers or premium finance providers are available on
request. Please be assured that at no time will the way in which we are
remunerated conflict with our responsibilities to meet your needs and treat
you fairly.
Protecting your money
Prior to your premium being forwarded to the insurer, and for your
protection, we either hold your money as an agent of the insurer (in which
case your policy is treated as being paid for), or we hold it in a client bank
account on trust for you. We may extend credit to other customers from
this account and we may transfer your money to another intermediary in
some cases. However your money will be protected at all times because of
the requirements of FCA rules. We also reserve the right to retain interest
earned on this account.
By accepting this Terms of Business Agreement, you are giving your
consent for us to operate in this way.
Termination of this ToBA: You or we may terminate our authority to act
on your behalf by providing at least 14 days notice in writing (or such other
period we agree to). Termination is without prejudice to any transactions
already initiated by you, which will be completed according to this ToBA
unless we agree otherwise in writing. You will remain liable to pay for any
transactions or adjustments effective prior to termination and we shall be
entitled to retain any and all commission and/or fees payable in relation to
insurance cover placed by us prior to the date of written termination of our
authority to act on your behalf.
Complaints
It is our intention to provide a high level of service at all times. However,
if you have reason to make a complaint about our service you should
contact the Director at the above address or call 01206 854579. You may
be entitled to refer the matter subsequently to the Financial Ombudsman
Service. You can contact the Financial Ombudsman Service on 0800 0 234
567. Further information is available at http://www.financiai-ombudsman.
org.uk. If you decide to refer any matter to the Financial Ombudsman
Service your legal rights will not be affected.
Compensation arrangements
We are covered by the Financial Services Compensation Scheme. 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 90% of
the claim, without any upper limit. For compulsory classes of insurance,
insurance advising and arranging is covered for 100% of the claim, also
without any upper limit. The scheme does not apply to Consumer Credit.
Further information about compensation scheme arrangements is available
from the FSCS on 0800 678 1100 or by visiting http://www.fscs.org.uk.
Commercial & Personal Combined ToBA V4 October 2025