TermsofBusiness Portal
TermsofBusiness Portal
TermsofBusiness Portal
This Agreement is between ‘You’ the client or potential client ‘You, Your’ and DNA Insurance Services Limited ‘We, Us, Our’, and
applies to all work that We carry out on Your behalf. Please read this Agreement carefully and contact Us if there is anything in this
Agreement with which You disagree or do not understand.
1. INTRODUCTION
DNA Insurance Services Limited is part of the Aston Lark group of companies. We are an independent intermediary and are
authorised and regulated by the Financial Conduct Authority (FCA) and bound by its rules in respect of insurance distribution activities.
Our Financial Services register number is 304985 and Our registered address is 8th Floor Ibex House, 42-47 Minories, London,
United Kingdom, EC3N 1DY.
You can check this on the Financial Services Register by visiting the FCA’s website https://register.fca.org.uk or by contacting the
FCA on 0800 111 6768. The Financial Services Register also sets out Our permitted activities.
We are not tied to any insurer and no insurer holds any shareholding in Us or any of Our subsidiaries or associated companies. We
do not have any holdings or voting rights in any insurer.
2. OUR SERVICE TO YOU
We will act as an insurance broker to arrange and administer contracts of insurance on your instructions.
We will normally provide a personal recommendation to You on the basis of a fair and personal analysis of the market, as distinct
from using only a single or limited number of insurance undertakings. Where Our service differs to this, either because We only
consider one or a restricted number of insurers, or if We do not give You a personal recommendation about the insurance products
offered (in which case You are responsible for ensuring that it is suitable for You), We will advise You accordingly and, in the former
case, We will provide You with the names of those insurers with which We conduct business.
We will provide You with details of the cover effected on Your behalf, including the insurer(s) who are underwriting the risk, and will
clarify the scope of the advice given and explain the reasons. This will be provided in a durable medium (which includes email, unless
You tell Us otherwise). We will provide You with evidence of cover and all relevant documentation promptly after inception of a policy.
On occasion We may arrange insurance on Your behalf with insurers that have granted us a delegated underwriting authority. This
authority may extend to the management of Your claims. We will notify You in the event We are acting under a delegated authority.
Although Our letter/report will set out key aspects of the cover, this is not intended to be a substitute for the insurer(s) policy wording,
which will take precedence in setting out the terms of the cover. We will use Our best endeavours to place cover on Your behalf, but
We do not guarantee to be able to do so.
While We take care to ensure that the information contained on Our website is accurate and up to date, We give You no promises,
representations or warranties about the accuracy, completeness, reliability or suitability of any information on Our website.
Where We offer an instalment facility to You in order to pay Your insurance premium by regular instalments, We do not offer advice
in relation to this, but We may ask some questions to narrow down the selection of options available; You must make Your own
choice on which option to accept.
We only act as a credit broker when arranging instalment facilities on Your behalf, and not as a lender.
We aim to treat You fairly and to meet the following outcomes in all Our dealings with You:
• You can be confident that the fair treatment of customers is central to Our corporate culture.
• The products and services that We have recommended to You and You have chosen are designed to meet Your insurance
needs as far as reasonably possible.
• We will provide You with clear information and keep You appropriately informed before, during and after the point of sale.
• You will not face unreasonable post-sale barriers to submit a claim or make a complaint.
• We will give You appropriate information about the products and services We recommend, including details of any costs or
charges (if any) in addition to Your premiums.
Motor Insurance Database (MID)
In accordance with the 4th European Union Motor Insurance Directive as codified by Directive 2009/103/EC (and any subsequent
legislation), where We have agreed with You to provide this service, We will endeavour to assist You in complying with the legislation
surrounding the notification of vehicles to the MID. We may charge for this assistance. It should be noted that the responsibility for
notification of vehicles or information remains with You. We cannot accept responsibility for any item either incorrectly registered or
not registered on the database, whether notified to Us or not.
• every material circumstance which any individual who is part of senior management or responsible for arranging your insurance
knows or ought to know (including what should reasonably be revealed by a reasonable search of information available, including,
for example, by making enquiries of Us); or
• sufficient information to put the insurer on notice that it needs to make further enquiries for the purpose of revealing those material
circumstances,
in a manner (i) that is reasonably clear and accessible to the insurer, and (ii) in which every material representation as to a matter of
fact is substantially correct, and every material representation as to a matter of expectation or belief is made in good faith.
A material circumstance is one that would influence the insurer's judgment in determining whether to take the risk and, if so, on what
terms.
This duty continues throughout the term of Your insurance. You should familiarise Yourself with Our Insurance Act guide for further
information about Your obligations and insurer remedies, which is available at www.astonlark.com or contact Your usual advisor for
details.
All answers or statements given on a proposal form, claim form or other document relevant to Your insurances will be Your
responsibility and You should always check the accuracy of the information You provide to Us and/ or insurers. Failure to comply
with Your duty of fair presentation of the risk may mean that the policy is void and the insurer may not be liable to pay all or some of
Your claim(s).
• all fair processing notices have been given (and/or, as applicable, valid consents obtained that have not been withdrawn) and
are sufficient in scope and kept up to date in order to meet the transparency requirements set out in the Data Protection Laws
to enable Us to Process such Personal Data in accordance with this Agreement and the Data Protection Laws. Each party
acknowledges and agrees that You will have met such transparency requirements by making reference to Us and including a
link to Our Privacy Notice in the information that You provide to Data Subjects about the Processing of Personal Data under this
Agreement;
• such Personal Data is adequate, relevant and limited to what is necessary in relation to the services being provided by Us;
• such Personal Data is accurate and, where necessary, up to date;
• such Personal Data has been collected by You lawfully and, where appropriate, the necessary consents have been obtained
from the Data Subject.
If you are a commercial client, each party will promptly notify the other on receipt of any requests, inquiries or complaints from Data
Subjects and/or supervisory authorities (as defined in the Data Protection Laws) received by that party which are relevant to any
Personal Data Processed under this Agreement and will provide the other party with reasonable assistance, upon request, in dealing
with any such requests, inquiries or complaints.
If you are a commercial client, each party shall comply with its obligations to report a Personal Data Breach relating to any Personal
Data Processed under this Agreement to the appropriate supervisory authority and Data Subject(s) (where applicable) under Articles
33 and 34 of the GDPR and shall inform the other party promptly of any Personal Data Breach which is notifiable to the supervisory
authority under Data Protection Laws. Without undue delay, the parties agree to provide reasonable assistance as is necessary to
each other to facilitate the handling of any Personal Data Breach in an expeditious and compliant manner.
Data Principles
We will abide by the following principles:
Insurer Fees
Some insurers charge additional fees. We will inform you of these where applicable.
Other fees
We may charge the following fees:
Other Income
In addition to commission, fees and administration fees, We may receive other income from insurers or third parties, including but
not limited to additional payments from insurers based upon pre-agreed criteria, and commission payments from premium finance
providers.
Services on Behalf of Insurers
We have agreements in place with certain insurers that We will undertake certain activities on their behalf which may include
producing policy documentation, compilation of risk data, risk identification surveys, and claims management. In return for these
services certain insurers will make a payment to Us. These payments are separate, and in addition to, any commissions, or fees and
administration fees that You pay Us.
Our Commitment to Transparency
You are entitled at any time to request information regarding any commission or other income which We may have received as a
result of placing Your insurance business. We will provide full details in writing where such request is made within seven (7) working
days.
20. REFUNDS
No refunds will be due if You have paid in instalments or for Classic Car schemes.
Legal Expenses, Breakdown, XS Protection and Guaranteed Replacement Hire Vehicle, if applicable, are not refundable.
21. LIMITATION OF LIABILITY
Nothing in this Agreement shall limit or exclude Our liability for personal injury or death caused by negligence, or fraudulent acts, or
any liability to You arising under our regulatory obligations insofar as we are prohibited from limiting our liability to You in relation to
the same.
You acknowledge and agree that You shall only be entitled to make a claim against Us, and not against any individual employee,
director or officer of Ours.
22. GOVERNING LAW
This Agreement is governed by and construed in accordance with the laws of England and Wales. If there is a dispute, it will be
subject to the jurisdiction of the courts of England and Wales.
23. THIRD PARTY RIGHTS
No other person has any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement other
than any associated and/or subsidiary companies, parent undertakings of DNA Insurance Services Limited, and/or individual
employees, directors or officers of Ours. This provision shall not affect any right or remedy of a third party which exists or is available
apart from the Contracts (Rights of Third Parties) Act 1999.
24. SEVERABILITY
If any provision of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable,
such invalidity or unenforceability shall not affect the other provisions of this Agreement which will remain in full force and effect.
25. ENTIRE AGREEMENT
This Agreement sets out the entire agreement between Us in relation to the subject matter within the scope of this Agreement and
supersedes any previous agreement, representations and understandings between Us in such respect with effect.
26. AMENDMENT TO TERMS
We may amend the Terms of this Agreement at any time by giving You fourteen (14) days’ notice in writing. If You do not agree to
the amended terms, You may cancel this Agreement from the date when the new terms would otherwise take effect.
27. NOTICES
Any notice given under or in connection with this Agreement shall be in writing and shall be:
a) delivered by hand or by prepaid first- class post or other next working day delivery service to the other party's registered office (if
a corporate entity) or last known address (in any other case); or
b) sent by email to Our account executive that You normally deal with (in respect of notices sent by You to Us) or to You or Your
nominated individual (in respect of notices sent by Us to You).
Any notice shall be deemed to have been received:
a) if delivered by hand, on signature of a delivery receipt; or
b) if sent by prepaid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting;
or
c) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business
hours resume. In this clause, “business hours” means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday
in the place of receipt.
28. DURATION
This Agreement shall commence from the date that We advise You, or from the date You appoint Us to act as Your intermediary or
You instruct Us to arrange insurances on Your behalf, whether at renewal of Your insurances or otherwise, whichever of these dates
is the earlier. This Agreement shall then continue until cancelled in accordance with the Termination Clause below.
29. TERMINATION
You or We may terminate this Agreement by giving thirty (30) days’ notice in writing. This Agreement shall automatically terminate
on the date that any policies arranged by Us for You are terminated or are not renewed such that there are no such active policies.
• is in material, or repeated, breach of this Agreement, and if such breach is capable of remedy does not rectify such breach within
thirty (30) days of receipt of written notice of it;
• in the event, or suspicion, of fraud, non-disclosure, misrepresentation, or dishonesty (including acting in contravention of the
Bribery Act or similar legislation);
• immediately, without notice, should either party become the subject of voluntary or involuntary liquidation or administration
proceedings or (if applicable) become the subject of an action in bankruptcy or make or propose any composition with creditors
or otherwise acknowledge its insolvency, suspend its activities or upon a resolution being passed or an order made for its winding
up.
In the event that this Agreement is terminated, We will cease to be Your agent. As a consequence of this We will no longer provide
You with any services, including claims handling where this service is provided to You prior to termination, except where We are
required to continue handling Your claim under the terms of Our delegated authority granted by certain insurers.
Any commission or fee is considered to be fully earned when Your insurance(s) incepts and any unpaid commission or fee will be
due and payable to Us upon termination. Any unpaid fees may also be due and payable prior to inception of Your insurance(s) subject
to the terms of the relevant fee agreement.
Where a policy or policies is cancelled (if permitted in accordance with its terms), We will deduct the commission element from any
return premium provided by the insurer(s) as reasonably necessary to sufficiently cover our costs.
If after termination of this Agreement You still require services from Us, these will be subject to a new written Agreement and We
reserve the right to make an additional charge for these services, however there is no obligation on Us to agree to perform such
services.
Nothing in this section will affect Your ability to terminate Your insurance in accordance with the terms of Your agreement with the
terms of the policy, or (if you are a consumer) Your right to cancel without giving any reason and without penalty within 14 days from
the conclusion of the contract (or, if later, receipt of the terms and conditions).