ARMD INSURANCE COMMERCIAL CLIENT TOBA
Terms of Business Agreement (TOBA)
ARMD Limited (ARMD) is located at 110 Newbury Gardens, Epsom, Surrey, England KT19 0PD, Company Registration number 12391104 and Financial Register Number 943339. ARMD is an Appointed Representative of Advent Solutions Management Limited trading as OneAdvent (OneAdvent) Company Registration number 04092670, located at The Leadenhall Building, 122 Leadenhall St, Lime Street, London EC3V 4AB and which may be written to at PO Box 77621, London EC3P 3EF. Advent Solutions Management Limited (OneAdvent) is authorised and regulated by the Financial Conduct Authority and listed on the Financial Register under number 308751. These details can be checked on the Financial Services Register here:: https://register.fca.org.uk/.
This TOBA comes into force on the day you apply for insurance and remains so until, termination of this agreement by either party or your insurance expires and all claims under it are paid. It sets out the terms of our relationship with you, our Commercial Client, for the provision of indicative tool insurance quotes and securing tool insurance on your instructions. You should contact us immediately on receipt of these terms, if there is anything in them you do not understand or which you disagree with.
We update our TOBAs to comply with legal, regulatory and market practices. For that reason, upon your receipt of this TOBA, it shall replace and take priority any previous TOBAs issued to you by us.
Our Insurance Services
ARMD acts as your agent:
· In respect of sales, provide you with factual information as the protection this insurance and its additional coverage options provides, including its price
· Provide you with indicative insurance quotes, and
· Secure insurance cover for you on your instructions, and
· Arrange for the administration of your insurance policy, including the provision of policy documents and invoicing insurance monies.
We will not give you any advice or personal recommendations as to your insurance’s suitability. You must decide for yourself whether the product meets your business needs.
In obtaining indicative quotes and securing insurance on your behalf, we work with Provego Limited, FRN 671437 (Provego) an Authorised Representative of One Commercial Limited, which is authorised and regulated by the Financial Conduct Authority under Financial Register number 709456. Provego acts as agent to Royal and Sun Alliance Insurance Limited (No. 93792) (RSA) which insures all policies transacted under this Agreement and which is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and Prudential Regulation Authority under Financial Register number 202323.
ARMD is not entitled to hold insurance monies. For your protection, OneAdvent holds all monies passing to it in respect of insurances under this TOBA including:
- all premium and insurance premium taxes
- any return premium and insurance premium taxes; and
- claims monies for onward payment to you
as client monies.
Demands and Needs Statement
This insurance product that we distribute meets the demands and needs of a UK business or person acting within their business, trade or profession who wants to protect their tools.
You must pay all premiums and other charges in the timeframe specified in writing or within 30 days, if no timeframe is specified. Failure to pay premium may lead to the cancellation and/or avoidance of your insurance. We accept payment by debit or credit card only.
Should we secure insurance for you, your policy documentation will be sent to you within 5 days. You must review carefully any documentation supplied by us and contact us immediately on receipt if any such documentation does not appear to be in accordance with your requirements or you are in doubt of any of your policy’s provisions. If you do not, we shall be entitled to assume that the documents we provided to you meet your requirements.
Your Duty to Disclose Information
By statute, you are required to make a fair presentation of the risk that you are seeking to insure. To make a fair presentation of the risk you must either (1) disclose all Material Information that you know or ought to know or (2) provide insurer with sufficient information to put them on notice that they need to ask you further questions to reveal all the Material Information. Material Information includes, but is not limited to, your purchasing insurance for tools not used for the purposes of your trade, business and/or or profession.
You will be deemed to know all Material Information that is known to your senior management or those responsible for arranging your insurance, and which should reasonably have been revealed by a reasonable search.
Failure to disclose all Material Information or misrepresenting circumstances could result in: the terms of your insurance contract being rendered void (so that claims are not paid and there is no cover); terms being amended or insurers reducing any claim(s) paid in proportion in the increased premium that would have been charged had the true position being known. Insurers may also have a right to recover all or part of any claim payments made.
“Material Information” means all information that would influence an insurer in determining whether to accept the risk and, if so, the premium, terms and conditions to be applied. If you are in doubt as to whether information might be relevant to an insurer’s determination, you should disclose it.
We are remunerated for sales of the Insurer’s policies by way of commission, and will provide details to you on request.
We are committed to ensuring that you are treated fairly and to providing you with a high level of customer service at all times. If your complaint relates to a claim, please call the claims helpline number shown in your policy schedule. Should you need to complain about the sales or administration of your policy however, please contact OneAdvent’s Compliance Department at PO Box 77621, London EC3P 3EF or ComplianceShared@advent.global, 0207 648 4350. If they cannot resolve your complaint, you may be entitled to refer it to the Financial Ombudsman Service (FOS) which can be contacted on 0800 023 4567 or via this link: https://www.financial-ombudsman.org.uk/contact-us.
Financial Services Compensation Scheme (FSCS)
We are covered by the FSCS. You may be entitled to compensation from the scheme if we, ASM or Insurers cannot meet our obligations. This depends on the type of business and the circumstances of the claim. Further information about the compensation scheme is available from www.fscs.org.uk.
This section describes how ARMD collects and use the personal information of insureds, claimants and other parties (for the purposes of this notice, “You”) under this TOBA in accordance with the Data Protection Act 2018 and applicable data protection law. If You provide us with information about someone else, we will process their personal information according to this section. Please ensure you provide them with a copy of this notice.
The personal information provided to ARMD and other information obtained from or about You in connection with this policy, will be used by ARMD, OneAdvent, Provego, RSA and its group companies, agents and reinsurers for the purposes of insurance operations, which includes the process of underwriting, administration, claims management, insurance analytics, complaints and fraud prevention. Such parties may become data controllers in respect of Your personal information. RSA operates as part of a global business and may transfer Your personal information outside the European Economic Area for these purposes.
You have certain rights regarding your personal information including the rights to request access, rectification, erasure, restriction, objection and receipt of Your personal information in a usable electronic format and to transmit it to a third party (right to portability). If You have questions or concerns regarding the way in which your personal information has been used, please contact:firstname.lastname@example.org. Our full Privacy notice can be found here:
Each party will treat information received from the other relating to this agreement as confidential and will not disclose it to any other person not entitled to receive such information except as may be necessary to fulfil their respective obligations in the conduct of the insurance business or as may be required by law or a regulatory authority.
Law and Jurisdiction
This TOBA shall be governed by English law and subject to the exclusive jurisdiction of the Courts of England and Wales.