Privacy Policy and Terms and Conditions of Use

GENERAL PRIVACY POLICY 2018

Onyx Brokers Ltd and its affiliated companies and subsidiaries (collectively referred to any,” “we,” or “us”)respect your privacy. This Privacy Policy Statement describes the ways we collect information from and about you, and what we do with the information, so that you may decide whether or not to provide information to us. By accessing our website, or purchasing our products or services you agree to this Privacy Statement in addition to any other agreements we might have with you. This Privacy Statement does not govern the practices of entities that our Company does not own or control, or entities that do not own or control our company or people that our Company does not employ or manage. This Privacy Policy Statement includes the Company’s Privacy Policy Statement.

 

 

Privacy Policy Statement

 

  1. Our Collection of your Personal Information

 

The information we collect may include your personal information, such as [your name, contact information and product and service selections.  We collect personal information from you at different points, including but not limited to the following:

  • [when we correspond with you as a customer or prospective customer;]
  • [when you visit our website;]
  • [when you take out an insurance policy via us; and]
  • [when you contact us for help]

 

  1. Our Use of your Personal Information

 

Our Company may use information that we collect about you to:

  • [deliver the products and services that you have requested;]
  • [manage your customer relationship and provide you with customer support;]
  • [perform research and analysis about your use of, or interest in, our products or services;]
  • [communicate with you by e-mail, postal mail, telephone and/or mobile devices about products or services that you may hold with us, may be of interest to you either from us, or other third parties;]
  • [verify your eligibility to credit facilities;] and
  • [transfer personal information to third parties for any legally permissible purpose in our sole discretion.]
  • [enforce our terms and conditions]
  • [insert any other processing which you pursue for your own legitimate business interests]

 

[We do not sell personal information to third parties.]

 

 

  1. Our Disclosure of your Personal Information to Third Parties

 

We may share your personal information with third parties only in the ways that are described in this Privacy Statement:

  • [we may provide your information to our partner insurers and service providers who perform functions on your/our behalf;]
  • [we may provide your information to our service providers who perform functions on our behalf.] [Usually our service providers sign a standard confidentiality agreement;]
  • [we may share your data with any parent company, subsidiaries, joint ventures, other entities under a common control or third party acquirers.] [We would direct these other entities will honor this Privacy Statement;]
  • [we may allow a potential acquirer or merger partner to review our databases, although we would restrict their use and disclosure of this data during the diligence phase and direct them to treat the data confidentially];
  • [as required by law enforcement, government officials, or other third parties pursuant to a court order, or other legal process or requirement applicable to our Company; or when we believe, in our sole discretion, that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of our agreements or Company policies; and]
  • [other third parties with your consent or direction to do so.]

 

Please note that these third parties may be in other countries where the laws on processing personal information may be less stringent than in your country.

 

  1. Our Security Measures to Protect your Personal Information

 

[Our company uses a fixed IP address, which is provided on a separate ISP line from all other business’ in our office building] [access to our WIFI is protected by a 20 key, non legible password] [Access to our offices is via a locked intercom door, members of the public or contractors can only gain access

[Where possible we operate a paperless office with documents stored on our secure system] [Where customers paper files have been generated and FCA storage periods need to be adhered to, we have a designated locked storage room which is accessed via a key coded access panel] [We have designated confidential waste bins in each office, these are emptied daily and waste documents locked in our storage room. These documents are then removed and destroyed once a week by a professional data removal company] [All Pc’s and laptops used for handling data have passwords at login and document folder level] [Secure VPN and RDP, password controlled systems are used when accessing systems from outside the office, this is also limited to directors of the firm] [We have strict clear desk policies in all areas that are accessible by members of the public or contractors] [Any contractors that need access to our office or data are vetted by directors] [Our systems have security measures in place to help protect information under our control from the risk of accidental or unlawful destruction or accidental loss, alteration or unauthorized disclosure or access.] [Our system provider, Acturis, have altered their systems and processes for data capture and storage to comply with GDPR measures] [All redundant computer hardware have their systems formatted and hard drives removed and destroyed] [For the purpose of generating quotations, customers personal information is only shared with companies of whom we share Terms of Business Agreements. And whose use and storage of customers data will be used and stored compliantly.

[For purposes of marketing any emails sent to our know contacts will hold opt out/unsubscribe options

 

 

  1. Our Use of Cookies and Links

 

[Our web pages may use “cookies.” Cookies are text files we place in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at one of our sites. However, once you choose to furnish the site with personal information, this information may be linked to the data stored in the cookie. We use cookies to understand site usage and to improve the content and offerings on our site. We also may use cookies to offer you products or services. You have many choices with regards to the management of cookies on your computer. All major browsers allow you to block or delete cookies from your system. To learn more about your ability to manage cookies, please consult the privacy features in your browser.]

 

[We may create links to other web sites. We will make a reasonable effort to link only to sites that meet similar standards for maintaining each individual’s right to privacy. However, many other sites that are not associated with or authorized by our Company may have links leading to our site. Our Company cannot control these links and we are not responsible for any content appearing on these sites. Since our website does not control the privacy policies of third parties, you are subject to the privacy practices of that third party. We encourage you to ask questions before you disclose any personal information to others.]

 

 

  1. Our Retention of your Personal Information

 

We will retain any personal information only for as long as is necessary to fulfill the business purpose it was collected. We will also retain and use your personal information for as long as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

 

  1. International Transfers of your Personal Information

 

[Information collected from you may, on occasion be stored and processed outside the UK in any other country in which our Company or agents maintain facilities, and by accessing our sites and using our services, you consent to any such transfer of information outside of your country.]

 

 

  1. Your Access to and Updating of your Personal Information

 

Reasonable access to your personal information may be provided at no cost upon request made to our Company at the contact information provided below. If access cannot be provided within that time frame, our Company will provide the requesting party a date when the information will be provided. If for some reason access is denied, we will provide an explanation as to why access has been denied.

 

  1. Changes to our Privacy Statement

 

[This Privacy Notice is subject to change. It was last updated on 17/05/2018 If we make changes to this Privacy Notice, we will update the date it was last changed]

 

  1. Contacting Us

 

If you have any questions about this Privacy Statement, our practices or have any concerns  please contact our Privacy Officer at:

 

1 Oak House, Samuel Brunts Way, Mansfield, Notts. NG18 2AH

info@onyx.email

Telephone 01623 650232

WEBSITE SPECIFIC PRIVACY POLICY

What is this Privacy Policy for?
This privacy policy is for this website [www.churchsideinsurance.co.uk] and served by [Onyx Brokers Ltd] and governs the privacy of its users who choose to use it.
The policy sets out the different areas where user privacy is concerned and outlines the obligations & requirements of the users, the website and website owners. Furthermore the way this website processes, stores and protects user data and information will also be detailed within this policy.
The Website
This website and its owners take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their visiting experience. This website complies to all UK national laws and requirements for user privacy.
Use of Cookies
This website uses cookies to better the users experience while visiting the website. Where applicable this website uses a cookie control system allowing the user on their first visit to the website to allow or disallow the use of cookies on their computer / device. This complies with recent legislation requirements for websites to obtain explicit consent from users before leaving behind or reading files such as cookies on a user’s computer / device.
Cookies are small files saved to the user’s computers hard drive that track, save and store information about the user’s interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.
Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors.
This website uses tracking software to monitor its visitors to better understand how they use it. This software is provided by Google Analytics which uses cookies to track visitor usage. The software will save a cookie to your computers hard drive in order to track and monitor your engagement and usage of the website, but will not store, save or collect personal information. You can read Google’s privacy policy here for further information [ http://www.google.com/privacy.html ].
Other cookies may be stored to your computers hard drive by external vendors when this website uses referral programs, sponsored links or adverts. Such cookies are used for conversion and referral tracking and typically expire after 30 days, though some may take longer. No personal information is stored, saved or collected.
Contact & Communication
Users contacting this website and/or its owners do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use, as detailed in the Data Protection Act 2018. Every effort has been made to ensure a safe and secure form to email submission process but advise users using such form to email processes that they do so at their own risk.
This website and its owners use any information submitted to provide you with further information about the products / services they offer or to assist you in answering any questions or queries you may have submitted. This includes using your details to subscribe you to any email newsletter program the website operates but only if this was made clear to you and your express permission was granted when submitting any form to email process. Or whereby you the consumer have previously purchased from or enquired about purchasing from the company a product or service that the email newsletter relates to. This is by no means an entire list of your user rights in regard to receiving email marketing material. Your details are not passed on to any third parties.
Email Newsletter
This website operates an email newsletter program, used to inform subscribers about products and services supplied by this website. Users can subscribe through an online automated process should they wish to do so but do so at their own discretion. Some subscriptions may be manually processed through prior written agreement with the user.
Subscriptions are taken in compliance with UK Spam Laws detailed in the Privacy and Electronic Communications Regulations 2003. All personal details relating to subscriptions are held securely and in accordance with the Data Protection Act 1998. No personal details are passed on to third parties nor shared with companies / people outside of the company that operates this website. Under the Data Protection Act 1998 you may request a copy of personal information held about you by this website’s email newsletter program. A small fee will be payable. If you would like a copy of the information held on you please write to the business address at the bottom of this policy.
Email marketing campaigns published by this website or its owners may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity [this is by no far a comprehensive list].
This information is used to refine future email campaigns and supply the user with more relevant content based around their activity.
In compliance with UK Spam Laws and the Privacy and Electronic Communications Regulations 2003 subscribers are given the opportunity to un-subscribe at any time through an automated system. This process is detailed at the footer of each email campaign. If an automated un-subscription system is unavailable clear instructions on how to un-subscribe will by detailed instead.
External Links
Although this website only looks to include quality, safe and relevant external links, users are advised adopt a policy of caution before clicking any external web links mentioned throughout this website. (External links are clickable text / banner / image links to other websites, similar to; www.loginrailwaystation.co.uk or Bed & Breakfast Pembrokeshire.)
The owners of this website cannot guarantee or verify the contents of any externally linked website despite their best efforts. Users should therefore note they click on external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.
Adverts and Sponsored Links
This website may contain sponsored links and adverts. These will typically be served through our advertising partners, to whom may have detailed privacy policies relating directly to the adverts they serve.
Clicking on any such adverts will send you to the advertisers website through a referral program which may use cookies and will track the number of referrals sent from this website. This may include the use of cookies which may in turn be saved on your computers hard drive. Users should therefore note they click on sponsored external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.
Social Media Platforms
Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.
Users are advised to use social media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and personal details. This website nor its owners will ever ask for personal or sensitive information through social media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.
This website may use social sharing buttons which help share web content directly from web pages to the social media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.
Shortened Links in Social Media
This website and its owners through their social media platform accounts may share web links to relevant web pages. By default some social media platforms shorten lengthy urls [web addresses] (this is an example: http://bit.ly/zyVUBo).
Users are advised to take caution and good judgement before clicking any shortened urls published on social media platforms by this website and its owners. Despite the best efforts to ensure only genuine urls are published many social media platforms are prone to spam and hacking and therefore this website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.
Resources & Further Information
• Data Protection Act 1998
• Privacy and Electronic Communications Regulations 2003
• Privacy and Electronic Communications Regulations 2003 – The Guide
• Twitter Privacy Policy
• Facebook Privacy Policy
• Google Privacy Policy
• Linkedin Privacy Policy
• Mailchimp Privacy Policy
• Web Design Wales
• Website Privacy Policy Template
• PDF Form Designer
v.2.0 April 2013 Edited & customised by: Onyx Brokers Ltd, St Peters Chambers, 2 Church Side, Mansfield. Notts NG18 1AP

Terms and Conditions of use

Website Terms

These are the terms and conditions (“Website Terms”) which apply to your use of this website (“Website”). Please read them carefully and if you have any questions or issues, please get in touch by contacting us.

By proceeding with access to this Website you are deemed to have accepted both these Website Terms and our Privacy Policy which is supplemental to our Website Terms.

Please note that this Website is intended for use by residents of the United Kingdom whilst in the United Kingdom only. For the avoidance of doubt none of the information on this Website constitutes an offer to contract in any country in which it is available including the UK.

These Website Terms are in addition to any terms of business which you may have as a direct customer (“Direct Terms”) and in the event of any conflict between these Website Terms and any Direct Terms, the terms and conditions of the Direct Terms shall prevail.

Any products or services acquired will be subject to their own terms and conditions with the relevant provider which you must also read.

General

This Website is provided by Onyx Brokers Ltd (“Onyx Brokers”)

This Website may also contain hypertext links to, or information from, websites operated by third parties (meaning persons or companies other than Onyx Brokers). Where the Website includes any such information and/or links these are for information purposes only and Onyx Brokers makes no representation whatsoever about any such link, website or content. Separate terms and conditions may also apply to such websites. Onyx Brokers accepts no responsibility for the content of or your use of any website which is accessed via a hypertext link from this Website.

Availability and Access

Onyx Brokers does not warrant that this Website is free of viruses, worms, Trojan Horses or technical defects of any description‚ and accepts no responsibility for any technical problems arising from your use of this Website. Onyx Brokers will endeavour to ensure that this Website is accessible for 24 hours a day but will not be liable if‚ for any reason‚ the Website is unavailable for any time or for any period.

Onyx Brokers will have the right to suspend access to the Website (or to any part of it) temporarily or permanently and without notice.

At any time, access to and use of certain parts of this Website may be restricted to registered users, to which further terms governing access may apply. When applicable, such terms shall be drawn to your attention during the registration process. Onyx Brokers may, at its sole discretion refuse to register a user or to provide access to certain parts of the Website to certain users, without providing reasons for doing so.

Information Only Website

The information contained on this Website is provided for information purposes only and cannot be regarded as constituting advice or recommendations (professional or otherwise). Onyx Brokers will use reasonable care and skill to ensure that information contained on this Website is accurate at the date of publication. However‚ because of the nature of the internet‚ information on the Website may not always be accurate or complete.

Amendments

Onyx Brokers reserves the right to make amendments and changes to the information on the Website and any references to details of products or services, including pricing, are subject to change without notice.

Variation

Onyx Brokers reserves the right to make amendments and changes to these terms and conditions without notice to you from time to time to reflect changes in market conditions affecting Onyx Brokers business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, and any other changes.

Any such amendment shall be effective once the revised terms and conditions have been posted on the Website. You shall be responsible for reviewing the terms and conditions of the Website each time you use the Website and we will treat your use of the Website as signifying your acceptance of the terms and conditions applicable at the time you access the Website.

Security

Onyx Brokers will take all reasonable steps to ensure that any information you provide (via email or otherwise) as a result of your access to this Website is kept secure‚ but please remember that‚ because of the nature of the internet‚ the security of emails cannot be guaranteed. There is no guarantee that any emails sent will be received by us.

Please also refer to our Privacy Policy.

Liability

All warranties, conditions, representations and terms, whether express or implied by statute, common law or otherwise, with respect to this Website and its content, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy are excluded from these Website Terms to the extent that they may be excluded as a matter of law. Further, Onyx Brokers does not warrant that the Website will be uninterrupted or error free or that any defects will be corrected.

To the fullest extent permitted by law Onyx Brokers shall not be liable (whether in contract or tort, including negligence or breach of duty, or otherwise) for any damage, loss or liability sustained or arising out of or in connection with:

Your use of the Website

Your reliance on or your inability to use the information contained on this Website; or

Any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, worm, Trojan Horse, or system failure, unavailability or suspension to this Website, including, without limitation, loss of profits, loss of income, loss of anticipated savings, loss of revenues, loss of data, loss of goodwill or loss of contracts or business (in each case whether direct or indirect) nor for any indirect, economic, consequential or special loss resulting from whatever cause.

To the extent permitted by applicable law, Onyx Brokers expressly disclaims all liability howsoever arising whether in contract, tort (or deceit) or otherwise (including, but not limited to, liability for any negligent act or omissions) to any person in respect of any claims or losses of any nature, arising directly or indirectly from: (i) Anything done or the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the information of this Website; and (ii) The use of any data or materials on this Website or unauthorised access to this Website or otherwise.

Onyx Brokers will not be responsible for any breach of these Website Terms caused by circumstances beyond its reasonable control.

Nothing in these terms and conditions shall exclude Onyx Brokers liability for death or personal injury resulting from Onyx Brokers negligence. You shall be liable for and shall indemnify Onyx Brokers and/or, where applicable Onyx Brokers subsidiaries, officers, directors, agents, licensors, successors and assigns from against any and all claims, actions, liabilities, losses, damages and expenses (including legal expenses) of any kind which arise out of or in connection with, directly or indirectly your breach of these Website Terms.

Copyright and other Intellectual Property Rights

Onyx Brokers (or its subsidiaries or licensors) own the copyright and all intellectual property rights existing on or within this Website (including but not limited to all database rights, trade marks, registered and unregistered trade marks, service marks and logos). Nothing in the Website shall confer on any person any licence or right with respect to any such intellectual property. Onyx Brokers name may not be used in any way, including in advertising or publicity pertaining to distribution of Information without our prior written consent.

The images, logos and names on the Website which identify Onyx Brokers or a provider of products or services from time to time are the proprietary marks of Onyx Brokers or the provider concerned. Nothing in the Website shall confer on any person any licence or right with respect to any such image, logo or name.

You are not permitted to download‚ print‚ redistribute or extract any information from this Website other than for your personal‚ non-commercial use.

You are not permitted to reproduce‚ copy, redistribute, modify or in any way change any of the information available on this Website.

You agree to indemnify and keep indemnified, Onyx Brokers, its officers, directors, agents, licensors, successors and assigns against all liabilities, claims, losses, costs, damage and expenses including legal fees incurred by Onyx Brokers should you breach any of the terms of this section (Copyright and other Intellectual Property Rights).

Data Protection and Privacy

Any personal information you supply to Bluefin via this Website will be treated in accordance with the Data Protection Act 1998.

Additional information regarding the privacy of personal data‚ and the use of cookies is available in Onyx Brokers Privacy Policy. You acknowledge and agree to be bound by the terms of Onyx Brokers Privacy Policy.

Communications

Applicable laws may require that certain information or communications be in writing. When using the Website, you accept and agree that communication with Onyx Brokers may be electronic. Onyx Brokers may contact you by email or provide you with information by posting notices on this Website. For any contractual purposes, you agree to electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Onyx Brokers provides to you electronically comply with any legal requirements that such communication be in writing. This provision does not affect your statutory rights.

Severability

If any of these terms and conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which such terms and conditions are intended to be effective, then to the extent of such illegality, invalidity or unenforceability, in relation to such state or country only, such terms or conditions shall be deleted and severed from these terms and conditions and the remaining terms and conditions shall survive in full force and effect.

Waiver

If Onyx Brokers fails at any time to insist upon strict performance of any of your obligations under these Website Terms, or if Onyx Brokers fails to exercise any of its rights or remedies to which Onyx Brokers is entitled under these Website Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

Entire Agreement

These Website Terms set out the whole of Onyx Brokers agreement relating to your use of this Website. Nothing said by any sales person on Onyx Brokers behalf should be understood as a variation of these Website Terms.

Applicable Law

Onyx Brokers have established this Website in England. English Law shall govern its use at all times and in the event of a dispute the parties shall irrevocably submit to the exclusive jurisdiction of the English Courts.

Contacting Us

Questions, comments and requests are welcomed you should get in touch by contacting us.

Complaints

We know that sometimes things go wrong and, in the unlikely event this happens, we want to put it right. As a valued client of Onyx Brokers, we want you to tell us if our advice or service does not meet your expectations. We take all client dissatisfaction seriously and seek to use the lessons learned to improve the way we do things. Please contact info@onyx.email if you have any complaints

 

Terms of Business Agreement – Consumers

Onyx Brokers Limited t/a Church Side Insurance Services and Business Cover UK

We are an independent insurance intermediary authorised and regulated by the Financial Conduct Authority No: 606983. Our details may be confirmed on the Financial Services Register www.fca.org.uk or by phoning the FCA on 0800 1116768.

Please read this document carefully. It sets out the terms and conditions on which we agree to act for you, contains details of our responsibilities together with your responsibilities both to us, to insurers and to other third party providers. Please contact us immediately if there is anything in this document that you do not understand/or with which you disagree. Your receipt of this document constitutes your informed consent to its contents. By instructing us you are accepting this Terms of Business agreement.

In the interests of security, staff training and to generally improve our service please be aware that telephone calls may be monitored and/or recorded.

  • Our service
  • We are committed to providing you with quality advice, service and insurance products. As an intermediary and your agent we owe various duties to you and will advise you as necessary if circumstances occur that may create a possible conflict of interest.
  • Our permitted business activities are advising, arranging (bringing about) deals in investments, making arrangements with a view to transactions, dealing as agent, assisting in the administration and performance of a contract and agreeing to carry on a regulated activity in respect of General Insurance contracts as well as credit broking.
  • We will advise you and will make a personal recommendation after we have assessed your insurance needs. This will include the type of cover you require together with the costs involved. We undertake to explain the main features of the products and services that we offer to you as well as the basis on which we have provided information and/or advice.
  • Upon receipt of your instructions we will place, amend or renew insurance cover on your behalf with insurers. We will advise you of any inability to place your insurance.
  • You are not to rely on any insurance policy you have instructed us to place on cover, until we have confirmed in writing to you that the insurer has agreed to such insurance cover being in place. Please note that you must comply with the terms and conditions of the insurance policy you purchase, including any matters where the insurer makes cover subject to your compliance with conditions or with express or implied warranties. Failure to comply may entitle the insurer to cancel your insurance contract and/or risks a claim you make not being paid in part or in full. (Also see Clause 11. Claims).
  • Please also note, unless your policy confirms otherwise, the rights under your policy may only be pursued in an English court.
  • Our remuneration and other income
  • We are remunerated by commission from your insurer(s) for our insurance broking services, or by way of a fee negotiated and agreed with you. If we receive both, this will be confirmed in writing to you at the time of incepting or renewing your insurance. In addition:
  • Where we are remunerated by commission, we may also make individual charges to cover the administration of your insurances, e.g. arranging a new policy, mid-term adjustments, short period or mid-term cancellations, renewals, and issue of replacement or duplicate documents. We may also make individual charges where we prepare and issue documents on behalf of insurers; these will be confirmed in writing to you at the time of incepting or renewing your insurance where applicable.
  • Some insurers may make additional payments to us reflecting the size and/or profitability of our account with them and/or in respect of work we undertake on their behalf. In addition we may also receive payment from other firms, such as premium finance providers, where non-insurance products or services are supplied to you.
  • Our remuneration in whatever form and in respect of any policy, shall be due on the date of inception or renewal of that policy. We shall be entitled to retain all commission and/or agreed fees in respect of the full policy period, including where you appoint another intermediary in our place during the currency of a policy, or where a policy is cancelled after inception or renewal. (Also see Clause 9. Short period and cancelled policies).
  • 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 or arranging your premium finance facility.
  • Duty to disclose accurate and full information
  • If your insurance policy (or policies), is governed by English law, for us to be able to arrange insurance to meet your needs, you must: take reasonable care not to make a misrepresentation to the insurer. This means you must make sure that any information you provide, that may be passed on to insurers, is complete and accurate and answer insurers’ questions fully and accurately, and not make any untrue or misleading statements. You should note that if on renewal of your policy, you do not meet your insurer’s request to confirm or change details you have previously given; this may amount to a misrepresentation. These duties arise not only before the policy is placed, but also when it is renewed or extended and if you are providing information to insurers in connection with any changes to your policy. If you do not comply with your duties then insurers may be able to reduce your claim payment, apply additional terms, or even treat your policy as if it never existed. If you are not sure whether insurers need particular information, you should provide it to them anyway. If the insurance policy (or policies), you instruct us to place on your behalf is governed by a law other than English law, we recommend that you obtain advice as to your obligations under the relevant law. If you are not sure about which law applies to your chosen insurance policy, you should discuss this with your regular Onyx Brokers Limited contact. You shall provide us with all relevant information to enable us to provide the services. You are responsible for the accuracy and completeness of all the information you provide to us and to insurers. We will not be liable for any errors, deficiencies or omissions in any services, including the placement of insurance on your behalf, arising from any inaccurate or incomplete information provided by you. We can rely on any information provided to us by you and/or your outgoing insurance broker.
  • Notification of changes, alterations and renewals
  • Amendments to policies may be arranged upon receipt of full details and on return of the certificate of insurance (if applicable). Cover is subject to acceptance by insurers and payment of any additional premium required inclusive of Insurance Premium Tax (IPT).
  • Renewals are invited on the basis that there have been no changes in the risk other than those specifically notified to us or your insurers.
  • Insurer security
  • We will only place cover with insurers who satisfy certain minimum criteria, assessed by the rating agencies and/or our own assessment, or for whom you have given us specific approval to use. Whilst the information upon which we rely is obtained from sources considered to be reliable, and we use all reasonable endeavours to review that information in order to protect your interests, predictability of solvency cannot be, and is not, guaranteed by us. The financial standing of any insurer can, of course, change after the insurance contract had incepted. We do not guarantee the ongoing ability of any insurer to meet their contractual obligations.
  • Documentation
  • It is your responsibility to read all documentation upon receipt and raise any query regarding it otherwise you risk a loss you suffer not being paid in part or in full. Documentation including your policy and certificate, if applicable, will be issued to you upon receipt from insurers.
  • You must check all documentation issued to you to ensure the details are correct and the insurance cover provided meets your requirements. We will arrange insurance cover according to your instructions but only you can identify if it does not meet your intentions. If you have any concerns in respect of your insurance cover, or are uncertain as to the meaning of any terms and conditions, or if you discover errors in the documentation, then you must notify us immediately.
  • Payment of the premium
  • We must receive your payment, unless it is made by you directly to your insurer, by cheque, credit or debit card, electronic funds transfer or be in receipt of a completed premium instalment application form (with deposit where requested), drawn on a bank, building society or other UK financial institution account, in the policyholder’s name and before cover commences unless we agree otherwise. A charge may apply to payments made by a business or corporate credit card and this will be confirmed to you in writing at the time of incepting or renewing your insurance. If we agree to accept payment from someone other than the policyholder then this must be notified to us and agreed by us.
  • We have no obligation to fund any premium, taxes or fees (if applicable), on your behalf nor do we have any responsibility for any loss you may suffer as a result of cancellation of insurance cover, or any other prejudicial steps taken as a result of late payment substantially attributable to you. If we decide to retain certain documents whilst awaiting payment, we shall provide details of your insurance cover and any information or documents required by law.
  • We shall be entitled (but not obliged), without providing notice to you, to set off any amounts due to us from you against any amounts which we may receive on your behalf (i.e. claims moneys, refunded premiums and other sums). Please be aware that full or partial non-payment of a premium or default on a credit agreement may result in the cancellation or lapsing of your policy.
  • Transferred business
  • When we are appointed to service insurance policies, other than at their inception or renewal and which were originally arranged via another party, we shall not be liable during the current insurance period for any loss arising from any errors or omissions or gaps in your insurance cover or advice not supplied by us. Should you have any concerns in respect of a policy, which has been transferred to us, or if you require an immediate review of your insurance arrangements, you must notify us immediately; otherwise we shall review your insurance arrangements and advise accordingly as each policy falls due for renewal.
  • Short period and cancelled policies
  • If you wish to cancel your policy then you will need to return the policy document and current certificate of insurance (if applicable), and confirm your cancellation instructions. Subject to the cancellation terms of your policy, a refund of premium may be available. Details of any applicable cancellation terms and charges will be found in your policy documents. Our commission and/or fees are fully earned from the date insurance cover commences and may not be refundable in the event of cancellation, avoidance or early termination of a policy.
  • Cooling Off Period
  • You have the statutory right to cancel a policy within 14 days of its conclusion, or inception or renewal, or upon receipt of the policy documentation whichever is the later. You may without providing a reason, cancel the policy in accordance with its terms and conditions. Any policy documentation and in particular any legal document, i.e. a certificate of motor insurance, should be returned with your instruction to cancel.
  • These cancellation rights do not apply to a short-term policy of less than one month’s duration, or to a policy for which the performance has been fully completed. If no premium has been paid then a time on risk premium inclusive of Insurance Premium Tax (IPT) and in addition to any relevant administration costs may be charged.
  • Claims
  • We will assist you with advice when you make a claim under your policy, but it remains your responsibility to have read, understood or queried all documentation upon receipt. All incidents that could possibly give rise to a claim must be notified to us, or your insurer in accordance with the terms of your policy and a claim form completed where required. Delay on your part in notifying a claim and/or completing required forms, may risk a loss you suffer not being paid in part or in full.
  • You must not under any circumstance admit liability for a loss, or agree to any course of action, other than emergency measures carried out to minimise the loss, as you will risk your claim not being met in part or in full. All correspondence, claims, writs, summonses etc. should be forwarded immediately, unanswered, either to us or to your insurer. You are also reminded of your duty to keep all losses and costs arising from an incident to a minimum and that failure to comply with policy terms and conditions may invalidate cover.
  • We will remit claim payments received on your behalf, to you as soon as practicable, after confirmation of receipt of cleared funds in our bank account. In the event that an insurer becomes insolvent or delays making settlement, we do not accept liability for any unpaid amounts.
  • Where we have a delegated authority from an insurer to settle your claim on their behalf, we shall make you aware of this on notification of the claim and obtain your informed consent to proceed.
  • Client and insurer money
  • The firm named in the heading is not authorised to handle client monies, all client money is handled by BBPS Ltd who holds all client money in a trust account, the purpose of which is to protect you in the event of financial failure since, in such circumstances, general creditors would not be able to make claims on client money.
  • BBPS Ltd hold all client money in a Non-Statutory Trust bank account in accordance with the FCA client money rules. Under these arrangements, BBPS Ltd assume responsibility for such monies and are permitted to, and may:
  • Use such monies received on behalf of one customer to pay another customer’s premium, before the premium is received from that other customer. However, BBPS Ltd are not entitled to pay ourselves commissions before BBPS Ltd receive the relevant premium from the customer;
  • For the purpose of effecting a transaction on your behalf, pass your money to another intermediary, including those resident outside the UK, who would therefore be subject to different legal and regulatory regimes. In the event of a failure of the intermediary, this money may be treated in a different manner from that which would apply, if the money were held by an intermediary in the UK. Please inform us if you do not agree to this.
  • Retain for their own use, any interest earned on client money.
  • Your money will be held either as agent of the insurer or agent of the client, depending on which insurer(s) your insurance has been placed with. Where money is held as agent of the insurer, this means that when BBPS Ltd have received your cleared premium, it is deemed to have been paid to the insurer.
  • Unless we receive your written instruction to the contrary, BBPS Ltd shall treat receipt of payment from you and of any claim payment and/or refund of premium which fall due to you, as being with your informed consent to the payment of those monies into the Non Statutory Trust bank account.
  • Our liability to you
  • Unless we have otherwise agreed with you in writing, we shall treat your instructions to us to place or renew your insurance cover as acceptance of the limitation of our liability to you and to any other person with an interest in your insurance cover.
  • Our aggregate liability and the liability of our Affiliates to you, on any basis (including for example for breach of contract or negligence), arising out of or in connection with these Terms of Business, shall be limited in total to £1,250,000. We shall not be liable to you in any circumstances for any special indirect or consequential loss or loss of profits. These provisions shall not apply to any liability which cannot lawfully be excluded or limited.
  • This limitation of liability clause shall survive termination of these Terms of Business.
  • You agree that if you do not notify us of material facts and circumstances relevant to the risk to be insured, including those which may arise during the period of your insurance cover, then this will be treated by us as a statement that you have no information to supply in relation to that fact or circumstance. If you do not understand any point please ask for further information.
  • Confidentiality and security
  • To help make sure you receive a competitive quotation, offer of appropriate payment options, protect against fraud and to verify your identity, insurers may use publicly available data which they obtain from a variety of sources, including a credit reference agency and other external organisations. Their search will appear on your credit report whether or not your application proceeds.
  • All information on our records relating to you will be treated as private and confidential and will only be disclosed to others such as our business partners, insurers, credit providers and other third parties who are directly involved in the normal course of arranging and administering your insurance. By accessing our sites and using our services, you consent to any such transfer of information to a third party.
  • Where you have given us consent we may use the data we hold about you to provide you with a renewal quotation and information about products and services we consider may be appropriate.
  • Our Retention of your Personal Information – By using our services you consent to us and our partners retaining any personal information you have provided. We will retain any personal information only for as long as is necessary to fulfil the business purpose for which it was collected. We will also retain and use your personal information for as long as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

    Under the General Data Protection Regulations 2018, you have the right to ask us for a copy of any personal information about yourself that we hold on our records.  Please contact us if you require any more information. For further information on your rights under the General Data Protection Regulations please refer to the Information Commissioners Office – www.ico.org.uk.

  • Termination of our authority to act on your behalf
  • 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). Termination is without prejudice to any transactions already initiated by you, which will be completed according to these Terms of Business 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.
  • Severability
  • If any provision of these Terms of Business is found to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms of Business and the remainder of the provision in question will not be affected.
  • Assignment
  • We are entitled to assign these Terms of Business to any other company within the group of companies of which we are part. You are entitled to assign these Terms of Business with our prior written consent, not to be unreasonably withheld.
  • We are entitled to transfer client monies to an identical bank account held in the name of any other company within the group of companies of which we are a part, but then only for so long as such company remains a member of such group.
  • Law and jurisdiction
  • These Terms of Business which form our agreement with you, shall be governed by and construed in accordance with the laws of England and the exclusive jurisdiction of the English courts unless we agree with you otherwise.
  • Rights of Third Parties
  • Unless otherwise agreed between us in writing, no provision of this Terms of Business is enforceable under the Contracts (Rights of Third parties) Act 1999, by any person other than you or us.
  • Bribery and corruption
  • We have no tolerance for bribery and corruption and this policy extends throughout the company for all of its dealings and transactions in all countries in which we operate. Our anti bribery policy is updated in line with the changes in law, changes in our business and our reputational demands. All employees are required to comply with this policy.
  • Both parties agree to comply fully with the requirements of the Bribery Act 2010, and will not engage in any of the following activity:

 

  • promising or giving of an advantage, financial or otherwise, to another person to bring about an improper performance or to reward such improper performance
  • requesting, agreeing to receive or accepting of an advantage, financial or otherwise to act improperly
  • bribing a foreign public official to do or reward them for doing, something improper.
      1. Additionally, where applicable, a firm will prevent bribery being committed on its behalf by its employees and third parties.
  • Sanctions
  • Both parties shall pay due regard to, and co-operate in respect of the observance of, any applicable international economic, financial or trade sanctions legislation.
  • Complaints
  • While we will always endeavour to provide you with a high level of customer service, if you feel dissatisfied with the service you have received you should, in the first instance, contact the office you usually deal with to register your complaint.

 

Or, alternatively you may refer the matter to –

email:     dp@onyx.email

post:       Onyx Brokers Limited
1 Oak House

Samuel Brunts Way
Mansfield
NG18 2AH
United Kingdom

Tel:         01623 650 232

Fax:        01623 621 837

      1. We need you to help us by summarising the problem, policies affected and the resolution you expect. Please ensure whenever possible that you quote your customer reference number together with the identity of our member of staff and office address.
      2. We will endeavour to rectify the problem immediately, but if we are unable to do so your complaint will be dealt with in accordance with our formal Complaints Procedure, a copy of which will be provided to you.
      3. If you remain dissatisfied you may be an eligible complainant within the rules of the Financial Ombudsman Service (FOS). Their jurisdiction broadly covers those that employ less than 10 persons and whose turnover or annual balance sheet is less than 2 million Euros, and charities or trusts whose turnover or net assets respectively are less than £1m. Should you remain dissatisfied with our final decision, or more than eight weeks have passed since receipt of your complaint, then if you wish, you may contact the FOS, details of which can be found at www.financial-ombudsman.org.uk. Full details will be supplied in our Complaints Procedure.
  • Compensation
  • We are covered by the Financial Services Compensation Scheme (FSCS), and you may be entitled to compensation from the FSCS if we cannot meet our obligations. This does not extend to consumer credit lending, i.e. credit broking/lending. Insurance advising and arranging is covered for 90% of the claim with no upper limit, although compulsory insurance is protected in full. Further details regarding the FSCS can be obtained from its website www.fscs.org.uk. Full details and further information on the scheme are available at www.fscs.org.uk.