INSURANCE TERMS OF BUSINESS

Commencement of Terms of Business

This document is an offer by us to provide services in setting up and will continue to accept payment from you unless and until you specifically
managing insurance for you. We will refer to it as the ‘Terms’. We will notify your insurer that you wish to cancel your insurance policy.
assume you have accepted the Terms unless you tell us you do not. We
recommend you read these Terms carefully. If you do not understand any You will receive a Statement of Demands and Needs each year, outlining
point please ask us for further information. our recommendations, irrespective of whether you move insurance
companies.
These Terms replace all proposals and prior discussions and
representations, whether oral or written, between us relating to our Annual Renewals (without advice)
appointment as your agent in connection with the setting up and managing As outlined above we will always endeavour to contact you prior to the
of your insurance. renewal of your policy, however, there may be occasions where we are
In most cases these Terms will terminate and be of no further effect if you unable to make contact. In these instances the following will apply: Prior to
cancel or fail to renew your insurance. If we carry out any services post- renewal of your policy, you will receive a renewal documentation pack in
cancellation these Terms might need to continue to apply. respect of your policy. If you take no further action on receipt of the renewal
pack and premiums are paid and up to date, then any policies in place will
Regulation & Status renew on the terms outlined in the renewal documentation (which you will
Wellness Health and Protection Ltd is authorised and regulated by the Financial receive in advance of the annual renewal date). However, you should be
Conduct Authority. Financial Services Register number is 968142. aware that any annual renewal constitutes a new contract with the
You can check this on the Financial Services Register by visiting the FCA's insurance provider and you will be entering into this new contract on a non-
website www.fca.org.uk/register or by contacting the FCA on 0800 1116768. advised basis having received no advice from Wellness Health and
Protection Ltd. This will be reflected in the Statement of Demands and
Needs issued to you following renewal.
The services we offer
Accurate Disclosure of all Material Facts
Our services may include:
• advising you on your insurance needs. It is your responsibility to ensure that all statements you make on proposal
forms, claims forms and other documents are full and accurate. It is
• setting up insurance cover with insurers to meet your
important that you answer all the questions honestly, to the best of your
requirements.
knowledge and provide full answers and relevant details. If you do not
• issuing policy documentation to you in a timely manner. answer the questions honestly or to the best of your knowledge, insurers
• helping you with any ongoing changes you wish to make to your may have the right to impose different terms, reduce the amount of any
insurance. claim payable or to avoid (cancel) the insurance contract from the start and,
• helping you make a claim. in this event, any claims under the contract would not be paid. (If you are in
doubt as to whether a fact is material or not you should disclose it). Your
We will try to ensure that the products or services we offer match your stated attention is particularly drawn to the importance of the declaration and
requirements. We will try to identify your insurance needs based upon signature on Insurers proposal forms.
information which you provide to us. If we cannot match your requirements,
Definition of a Consumer: A policyholder acting for purposes outside his
we will explain the differences in the product or service we can offer you and
trade, business or profession.
will aim to provide you with enough information so you can make an
informed decision about your insurance. Definition of a Commercial customer: A customer who is not a consumer.

We will explain the main features of the products and services we offer you Duty of Fair Presentation (Commercial clients)
including details of the insurer, main details and benefits of cover, any Before entering into a contract of insurance, prior to a midterm alteration
unusual restrictions or exclusions, any significant conditions or obligations and ahead of your policy renewal, it is your statutory duty to make a fair
which you must meet and the period of cover. presentation of your risk. This information must be provided in a clear and
accessible format.
Following the issue of these terms, any subsequent advice or You must disclose, where practical, all material circumstances about your
recommendation offered to you will be based on your stated objectives risk, this being information that might affect the judgement of a prudent
(demands & needs), acceptable level of risk and any restrictions you wish insurer in deciding whether to accept your risk or not - should you require
to place on the transaction. Details of your stated objectives will be included additional explanation of what constitutes a material circumstance, please
in the insurance demands & needs statement. We will issue these to you to contact us immediately.
explain and confirm the basis of our recommendations.
You must make reasonable enquiries before presenting your risk and
There may be exceptions to this, for example, business transacted on a ensure that all individuals holding knowledge about the risk have been
non-advised or execution only basis (directly on your instructions whereby approached in the compilation of this information. If you feel you have not
you will not have requested nor received advice, or where pre-prepared been able to do so, please advise us so we can allow insurance
questions are used to determine the product and provider) or on a restricted underwriters to make further enquiries if they wish to do so. You must
advice basis (where the Firm’s recommendations were restricted by the fact complete any proposal forms honestly, accurately and in good faith. Before
that not all relevant information was made available). If these situations placing your insurance requirements, we may either send you, or via
exist, we will make it clear to you in any subsequent correspondence; telephone conduct a Fact Find. The insurance underwriter will expect us to
however, you will appreciate that our responsibility to you will be limited use any information you provide to assess your risks in order to calculate a
accordingly. premium. If any misrepresentation is determined on information provided
by you, this could result in any policy being cancelled and potential claims
Financial Services Compensation Scheme (FSCS) being declined. The insurer may be entitled to retain any premium received
We are covered by the FSCS. You may be entitled to compensation from in this case or may apply additional terms to your policy.
the scheme if we cannot meet our obligations. This depends on the type of
business and the circumstances of the claim. Further information about Misrepresentations Act (Consumers only)
compensation scheme arrangements is available from the FSCS at You are respectfully reminded of your duty to take reasonable care not to
www.fscs.org.uk. make a misrepresentation in any information that is provided by you to
insurers and to answer all questions asked by insurers honestly. Under the
Annual Renewals
Consumer Insurance (Disclosure and Representations) Act 2012, a
We will write to you before the end of your insurance policy explaining what misrepresentation may amount to a failure to comply with a request from an
you need to do and, if we can renew your insurance policy, will send you insurer for confirmation, or amendment, of details previously provided by
details of the cost and terms. you. Please be aware that the duty to take care not to make a
misrepresentation exists not just prior to any placement being affected but
We may automatically renew the insurance policy where you have given us also at any subsequent renewal and any variation of the contract terms
authority to do this to make sure you remain continuously insured. during the period of insurance.
If you do not tell us or your insurer that you do not want to renew your In the event of a deliberate or reckless misrepresentation, insurers may void
insurance policy, your insurer may assume, but has no obligation to, that the contract. Under the Consumer Insurance (Disclosure and
you need them to renew the policy to protect your interests relating to what Representations) Act 2012, a deliberate or reckless misrepresentation is a
you have insured. If they do renew your insurance policy you may be liable misrepresentation where you know it to be untrue or misleading (or do not
(responsible) to make payment to your insurer. In addition, if you pay for care either way) and that you know (or do not care) that the matter to which
your insurance policy by direct debit or instalment payments, your insurer it relates is relevant to insurers.
1
 INSURANCE TERMS OF BUSINESS
Insurers may also avoid the contract where a careless misrepresentation In order to refer a complaint to the FOS, you must meet the FOS eligibility
has been made. A careless misrepresentation is a misrepresentation that is criteria. The FOS will consider complaints from the following: a private
neither deliberate or reckless. In such instances, if insurers would not have individual, a small business which has an annual turnover of less than £6.5
entered into the contract had the careless misrepresentation not been million; and it employs fewer than 50 persons or it has a balance sheet total
made, then insurers may be entitled to void the contract. However, if
of less than £5 million. A charity which has annual income of less than £6.5
insurers would have imposed different terms had the careless
million and a trustee of a trust which has net asset value of less than
misrepresentation not been made, then insurers may be entitled to treat the
contract as if those terms applied £5 million.

Commission Payments Introductions

Unless otherwise agreed with you, the payment we receive in respect of There will be occasions when clients are introduced to us from third parties,
your insurance policy will be commission from insurers and in certain for example accountants or solicitors. Under such circumstances, we may
circumstances may be the fees we charge you for our services. rebate part of the commission we receive back to the introducer, as
payment for making the introduction. The responsibility for disclosing this
We may charge a fee for our services when you buy or renew an insurance payment will be with the introducer.
policy and will always inform you of any such charge before you purchase
an insurance policy. Our fees are non-refundable even if you cancel your Cancellation or making mid-term changes to your insurance policy
insurance policy. Retail Customers - You can cancel or make changes to your insurance
policy at any time simply by contacting us. Depending on when you cancel
Where we receive commission from insurers, this will be a percentage of
or what changes you make different fees might be applied. Detailed in your
the total annual premium. Commission and fees are earned by us at the
policy document are your rights to cancel your insurance under what is
time we place your insurance. We will be entitled to retain all payments we
commonly known as a ‘cooling off’ period. Depending on the type of policy
earn in relation to your insurance policy including any commission resulting
you have purchased, you may be entitled to cancel within 14 or 30 days of
from any additional premium payable during your cover period.
either conclusion of the contract or receiving your policy documentation,
whichever occurs later.
We are committed to ensuring complete transparency of our remuneration.
You have a right to request information regarding any payment that we may If you cancel your insurance policy after the Cooling Off Period has ended
have received by setting up and renewing each of your insurance policies. or if you make changes to your insurance policy during its term which
reduce the cover provided under the policy, we may charge you for our time
Client Instruction
and costs. This will result in us reducing any amount we refund to you by
We prefer that any instructions be given in writing. If any advice, request for the full amount of the commission and fees we would have received had
instruction or instructions are given orally, then they must be confirmed in you not cancelled or amended your insurance policy. This is because the
writing, to avoid possible disputes. We may refuse at our discretion to majority of our costs are incurred either in initially finding and setting up your
accept certain instructions, although such discretion will not be exercised insurance policy or in the annual renewal process when we might check the
unreasonably. ongoing suitability of the cover the insurance policy offers. These costs are
recovered through the commission we earn. If you cancel, this does not
Conflict of Interest & Material Interest give us an opportunity to recover the costs we incurred and would often
Occasions can arise where we, or one of our other clients, may have some result in us making a loss. However, any charge we make will not exceed
form of interest in business, which we are transacting for you. If we become the cost of the commission and fees we would have earned.
aware that our interests or those of one of our other client’s conflict with your A Cooling Off Period does not apply to policies of less than one month’s
interests, we will inform you and obtain your consent before we carry out duration or single-trip travel policies.
your instructions
You will find full details of the cancellation terms applicable to your
Receiving Payments from Clients insurance policy and any related charges that your insurer may apply in
Wellness Health and Protection Ltd does not handle client monies. your policy documentation.

We never handle cash or accept a cheque made out to us unless it is a For Commercial Clients, cancellation rights are determined by the type of
cheque in settlement of our charges or disbursements which we have insurance contract and the cancellation clauses specific to that contract.
previously disclosed to you (normally through a fee agreement). Any rights to cancel will be detailed in the policy documentation provided
by the insurer.
Crossed cheques should only be made payable directly to the insurance
company and to the relevant third party for various ancillary fees. You Commercial Clients
should decline to give any money to, or write cheques payable personally This section applies where we have agreed to charge fees in lieu (“FIL”) as
to an individual adviser. Individuals that represent Wellness Health and an alternative to receiving commission. This means we will charge you for
Protection Ltd are not to handle client money and any receipt by them our services instead of being paid by the insurer who we arrange your
personally of such a payment from you will not be regarded by us as being insurance policy with. The services we will perform will be set out in a
a transaction for which we will have any responsibility. separate service level agreement (“Service Summary”). If we do receive
commission which is directly connected with the insurance(s) placed by us
Credit Checks on your behalf, it will be retained by us but used to reduce the amounts that
To make sure you get the best offer from Insurers or Third Parties involved become due and payable by you under these Terms.
in your insurance, now or at any renewal or at any time and to protect their Unless otherwise agreed by us the FIL will cover the period set out in the
customers from fraud and to verify your identity, they may use publicly Service Summary. The FIL is calculated by reference to the full term of the
available data which they obtain from a variety of sources, including a credit insurance policy or policies arranged for you. Unless we agree otherwise
reference agency and other external organisations. Their search will appear no refund of any FIL or other remuneration shall be payable in the event
on your credit report whether your applications proceed. Unless you contact that the actual period of insurance is less than the full term or you terminate
us to confirm you do not wish us to carry out these searches, we will assume these Terms before the expiry of any policy arranged by us on your behalf.
your consent has been given and proceed as above.
If we are obliged to refund any commission which has been paid to us and
Complaints Procedure retained by us in lieu of all or part of the FIL because your insurance is
Our aim is to always provide a high standard of service to you. However, retained for less than the full term, or you terminate your policy or policies,
we recognise that things can go wrong occasionally and if this occurs we we reserve the right to charge you for the amount of commission refunded.
are committed to resolving matters promptly and fairly. If you wish to make
a complaint, please contact us in any of the following ways. In writing to We may charge fees in addition to the FIL where we provide services at
Wellness Health and Protection 49 Nichol Place, Cotford St Luke, Taunton, your request that are not included in the Service Summary. We will agree
Somerset TA4 1JD Email: Charles.frost@wellnesshealthandprotection.co.uk these additional charges with you before they are incurred, failing which the
Telephone: 01823 792382 or in person. additional fee will be calculated by reference to the hourly charge out rate
which applies to the staff involved in providing such additional services. The
If you are unhappy with our decision, or if we do not complete our hourly charge out rate for any additional services is subject to any
investigation within eight weeks, you may be entitled to refer your complaint applicable tax which may be levied from time to time and does not include
to the Financial Ombudsman Service (FOS). travelling or other expenses where the additional services are performed
www.financial-ombudsman.org.uk. other than at our offices.
You can find further details at
We promise to deal with your complaint in a fair and objective manner. 2
 INSURANCE TERMS OF BUSINESS

Our fees will be based on our estimate of the work involved in delivering the Further information is included in our privacy notice. This gives you more
agreed services in combination with the cost and complexity of your information on who we are, the types of information we hold, how we use it,
insurance arrangements. All fees will be agreed in advance with you. who we share it with, how long we keep it for and informs you of certain
rights you have regarding your personal information.
Cancellation of Existing Policies
If you are replacing existing policies with cover from a new insurance You can also contact us for general data protection queries via email to
provider, then it is incumbent on you to ensure any redundant policies are charles.frost@wellnesshealthandprotection.co.uk or in writing to the Data
fully cancelled. This includes the need for you to cancel any Bank Direct Protection, Officer, Wellness Health and Protection Ltd, 49 Nicol Place,
Cotford St Luke, Taunton, TA4 1JD. Telephone number 01823 792382
Debit Mandates that may be in place. Wellness Health and Protection Ltd
cannot be held responsible for any overpayments made by you due to non-
Information which you provide to us will not be used or disclosed by us to
cancellation of these redundant policies. other parties, except in the normal course of handling a contract of
insurance or a claim on your behalf and any related activities, unless we
Financial Crime have obtained the necessary consent from you or where we are required to
The National Crime Agency (NCA) requires us to report any suspicious by law or a regulatory body that has authority over us. We will take
transactions to them, and we may have to obtain evidence of client’s identity appropriate steps to maintain the security of your confidential documents
at the start of a business relationship. We may ask for sight of your passport, and information which are in our possession.
utility bill or bank statements. For companies, evidence usually consists of
a copy of the Certificate of Incorporation or we may check the Companies Making a claim or reporting a potential claim against your policy
House register. If you wish to make a claim or report a potential claim, please follow the
instructions provided with your policy documentation, quoting your
In providing our services to you, we will not engage in any activity which insurance policy number or other reference given to you.
would breach any applicable financial crime law, statue or regulation. These
include, but are not limited to, those relating to financial and economic Security
sanctions, the facility of tax evasion, anti-bribery and corruption, anti-money
laundering and/or combatting the financing of terrorism. We do not guarantee the solvency of any insurer we place business with.
We endeavour to place business with insurers with adequate levels of
We will not arrange any insurance or benefit or pay any claim which may financial solvency. However, we cannot guarantee the solvency of any
result in us breaching any such laws, statutes or regulations. Where we insurer and shall not be liable (responsible) for losses suffered by you in the
reasonably believe that it is necessary or desirable, we may take certain event of the insolvency of an insurer. A liability for the premium, whether in
actions including, but not limited to, ceasing to provide services to you full or pro rata, may arise under policies where a participating insurer
and/or passing your details to relevant authorities or regulators. Where we becomes insolvent.
reasonably believe that we are prohibited from doing so, we will not disclose
the fact that we have taken such actions against you. Client Verification
We will validate name, address and other personal information supplied by
Additional information: Distance Communications you during the order process against appropriate third party databases. By
Where you are likely to do business with us at a distance i.e. we accepting these terms and conditions you consent to such checks being
communicate exclusively by telephone, post, email or fax then it is very made. All information provided by you will be treated securely and strictly in
important that you read the following points: accordance with General Data Protection Regulation.
• The Firm will provide you with a service as detailed in our Terms of
Business Use of other intermediaries
• Telephone calls may be recorded for training and monitoring purposes. Where we consider it to be appropriate and for your benefit, it may be
necessary for us to request another broker or intermediary to act as our
• Please note there is the possibility that other taxes or costs may exist agent and assist in the placement of your insurance product. In such cases,
that are not paid through the Firm or imposed by it. we will provide specific instructions to such sub-agents to meet your
• There are no specific additional costs imposed by the Firm for dealing insurance requirements.
exclusively at a distance.
• Please take care to read the warnings issued in any provider literature. Limitation / Exclusion of liability
If you are unsure then please ask us to explain in more detail. Our liability (responsibility) for losses suffered by you as a consequence of
• The Firm does not place any specific limitations on the period for which us performing of our services negligently is limited in all circumstances
the information provided remains valid. If you are unsure if something still to £1,500,000 per claim.
remains valid then please ask and we will clarify.
For any other claim arising out of our performance or non-performance of
• This contract will exist until terminated by either party. the services, our liability (responsibility) is limited to the amount of
• The provisions of this Agreement and the relationship created by it shall commission and fees which we have received for setting up your insurance
be governed by English Law and subject to the exclusive jurisdiction of cover during the 12 months prior to such claim arising.
the English courts.
• This contract is supplied in English Language and will be communicated We will not be liable (responsible) to you for any loss of profit or loss of
in English Language. business, whether or not we or you could foresee those losses arising as a
result of our performance or non-performance at the time we provided you
Confidentiality (how we use your information) with our services. Nothing in this paragraph will exclude or limit our liability
(responsibility) for death or personal injury caused by our negligence, or for
Wellness Health and Protection Ltd is the data Controller of the personal loss caused by our fraud, wilful misrepresentation or breach of the
data (information) you provide to us. We will use your personal information regulatory obligations we owe to you.
to:
• assess and provide the products or services that you have You are welcome to contact us to discuss increasing the limitations of our
requested liability and/or varying the exclusions set out above. However, an additional
• communicate with you in relation to servicing and administering charge and other terms may apply.
your product
• develop new products and services Law
• undertake statistical analysis to help us improve our services These Terms are governed by the Laws of England and Wales and if there
and products is any dispute about these Terms or the services we provide under them
• provide additional assistance for these products or services we both agree to the exclusive jurisdiction of the English courts.
• notify you of important changes to products and functionality
changes to our website.

All personal information about you will be treated as private and

confidential. We are registered with the Information Commissioner Office
as a Data Controller. Registration number ZA597386. We undertake to
comply with the General Data Protection Regulation (GDPR) in all our 3
dealings with your personal data. We follow strict security procedures in
the storage and disclosure of your personal information in line with industry
practice.

WHP TOBA 07 2022 v2