Accepting our Terms of Business

Please read this document carefully. It sets out the terms and conditions on which we agree to act for you and contains details of our respective responsibilities. By asking us to quote for, arrange or handle your insurance, you are providing your informed agreement to these Terms of Business. This document will supersede any Terms of Business previously in force. Please contact us immediately if there is anything in these Terms of Business which you do not understand or with which you disagree.

References to “We” and “Us” means ECH Facilities Ltd.

References to “you” and “your” means the insured and/or their appointed agent.

References to “Insurer” means The Salvation Army General Insurance Corporation Limited (SAGIC).

The Financial Conduct Authority

ECH Facilities Ltd. is authorised and regulated by the Financial Conduct Authority with FCA Register number FRN 965039. We are an Insurance Intermediary, and our permitted business is arranging, advising, dealing as agent, making arrangements, and assisting in the administration and performance of general insurance contracts and pure protection contracts. You can check this on the FCA’s register by visiting the FCA website https://register.fca.org.uk/ or by contacting the FCA on 0800 111 6768.

Our Services

We do not provide advice or give any recommendations. We will provide you with the policy information to allow you to make an informed decision as to whether the policy offered meets your demands and needs. In arranging this insurance, we will act as an intermediary and as agent of SAGIC and have selected a single policy from them.

Requests for cover or changes to your insurance are not effective until they are confirmed by us.

Conflicts of Interest

It is our aim to avoid any potential or actual conflicts of interest in our dealing with you, if a conflict does arise, we will advise you of this in writing as soon as reasonably practicable and where we are able to do so, agree how to continue to provide the services.

Nothing in this agreement overrides or discharges our duty to place your interests before all other considerations nor shall this agreement override any legal or regulatory requirements which may apply to us prevailing from time to time regarding your insurance or reinsurance business or the handling of claims.

Complaints

It is our policy to promote the highest standard of service for our clients. We endeavour to ensure that all complaints are resolved satisfactorily and in a timely manner. If you have a complaint about our services, you may contact the member of our staff with whom you normally deal. Alternatively, please contact us at the address below:

Managing Director, ECH Facilities Ltd., Wallingbrook Lodge, Leigh Road, Chulmleigh EX18 7BL
Tel: 01363 507371
Email: echfacilities@outlook.com

You may make your complaint either orally or in writing. We will acknowledge receipt of your complaint promptly in writing and give you our response at the time if we can. If following receipt of our final response or after eight weeks if we have not yet provided you with our final response, if you are an eligible complainant, you have the right to refer your complaint to the Financial Ombudsman Service (FOS) at Exchange Tower, London. E14 9SR Tel: 0800 023 4567. Further information is available on their website (www.financial-ombudsman.org.uk).

Who is an Eligible Complainant?

  • Any private individual
  • A micro-enterprise which employs fewer than 10 persons and has a turnover or annual balance sheet that does not exceed €2 million.
  • A small business which has an annual turnover of less than £6.5 million and employs fewer than 50 employees or has a balance sheet total of less than £5 million
  • A charity which has an annual income of less than £6.5 million
  • A trustee of a trust which has a net asset value of less than £5 million
  • An individual who has given a guarantee or security in respect of an obligation or liability of a small business

Compensation

We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme if we cannot meet our obligations. Insurance advising and arranging is covered by the FSCS for 100% of your claim if it relates to compulsory insurance. For other cases, it is covered for 90% of the claim, with no upper limit. The FSCS does not cover reinsurance, marine, aviation or transport business or credit insurance.

Further information about compensation scheme arrangements is available from the FSCS, via their website, www.fscs.org.uk or calling them on 0800 678 1100.

Our Remuneration

Payment for our services is by way of an administration fee which is included in your monthly payment and is disclosed on your policy documents. We do not earn any other remuneration in connection with your policy.

Credit Searches

We do not undertake any credit searches in connection with your policy.

Handling Money

All premiums and refunds are paid to or refunded by SAGIC.

Payment of Premiums

You must pay your premiums by direct debit to SAGIC. Failure to pay premiums by the date specified in the policy documents may lead to cancellation of your insurances by insurers.

Market security

We do not assess or guarantee the solvency of any insurer at any time during the contract period and We have not checked the financial strength of SAGIC but given their background and the protection offered under the Financial Services Compensation Scheme (FSCS) of which they are a member believe that they are an appropriate insurer to place your policy with.

In the event of SAGIC’s insolvency, you may still have a liability to pay the premium.

We do not accept any liability for any unpaid amounts in respect of claims or return premiums due to you should SAGIC become insolvent or delays settlement. You will also additionally have the responsibility for payment of premiums if you require replacement security.

Financial Crime

We observe sanctions legislation in the territories in which we operate. We will use information about you and others named on your policy to check information against UK and other sanction lists.

We comply with all applicable laws, regulations, codes, and sanctions relating to anti- bribery and anti-corruption including but not limited to the Bribery Act 2010 and shall not engage in any activity, practice, or conduct which would constitute an offence.

Your Responsibilities

It is your responsibility to ensure that any proposal forms or any other applications completed on your behalf are accurate and complete. You must also review confirmation of cover/policy documents supplied by us to you to ensure that they accurately reflect your requirements.

If we have provided your documents electronically you can ask us for a paper copy. Particular attention should be paid to policy conditions and claims conditions as failure to comply may reduce or invalidate your cover. Should there be any discrepancies, you must notify us immediately.

It is your responsibility to ensure that all sums insured, and policy limits are adequate.

Duty of Disclosure

As you are a consumer insured (an individual buying insurance wholly or mainly for purposes unrelated to your trade, business, or profession) you have a duty to take reasonable care to answer the insurer’s questions fully and accurately and to ensure that any information that you volunteer is not misleading.

This duty exists before your cover is placed, when it is renewed and any time that it is varied. If you do not do this, your insurer may be able to impose different terms on your cover, may charge you a higher premium or, in some circumstances, may be able to avoid your policy from inception and any claims under it would not be paid.

Use of Personal Data

We are committed to protecting your personal information. We will use personal information about you fairly and lawfully, primarily in connection with the provision of insurance. Full details can be found in our Privacy Notice at www. Corehomeinsurance.co.uk which specifies the information we may collect on you and from whom, how and why we use this information, how we may share and disclose the information and the retention of your data.

In some instances, we may need to seek your consent before processing such data. We will always make it clear to you when and why we are seeking your consent. A hard copy of the Privacy Notice is available on request.

Any e-marketing that you receive from us will include a clear opt out option.

You have a number of rights (including the right of access to see personal information about you that is held in our records) and these are detailed in the Privacy Policy, but for any questions or concerns relating to the Privacy Policy or our data protection practices, or to make a subject access request, please contact us.

We are registered with the Information Commissioner’s Office (ICO) – you can check this at www.ico.org.uk.

Instructions to incept or renew a policy can only be taken from the policyholder(s) or nominated advocate.

For security, training and audit purposes calls to and from our offices may be recorded.

Cancellation of policy

Full details of cancellation rights, notice periods and premium implications can be found in your policy document.

Where a policy is declared void by the insurer or cancelled, other than during any cooling off period, we will retain any fees.

Claims

In the event of an incident occurring which could give rise to a claim under your policy, you should notify us as soon as possible in accordance with your policy conditions.

Failure to do so could prejudice your insurer’s position and lead to the claim being repudiated or not paid in full. When we receive notification of an incident that could give rise to a claim, we will respond promptly, explain how we will handle your claim and tell you what you need to do.

We will give you reasonable guidance to help you make a claim under your policy.

You should be aware that insurers exchange information through various databases to help check the information provided and prevent fraudulent claims, in particular, the Motor Insurers’ Bureau (MIB) which hosts the Claims Underwriting Exchange (CUE) and holds records on claims.

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 insurances as acceptance of the limitation of our liability to you, and/or to any other person with an interest in your insurances.

Our entire liability in contract, tort (including without limitation negligence) or otherwise will be strictly limited to £10million in respect of all aggregated claims brought by you in respect of the services provided by us, save that the following is wholly excluded:

  • loss of profits;
  • loss of sale or business;
  • loss of agreements or contracts;
  • loss of anticipated savings;
  • loss of use or corruption of software, data, or information;
  • loss of or damage to goodwill; and/or indirect or consequential loss. Our limit of liability detailed above relates to all and any claims brought against us, save for those claims made related to the following:
  • resulting from our breach of the FCA’s rules; or
  • resulting from our fraudulent acts or any of our acts which are deliberately contrary to our agreement with you; or in relation to any liability for death or personal injury resulting from our negligence; or in relation to any liability which cannot lawfully be excluded or limited.

Governing law and language

The relationship between us as broker and you as customer is governed by English Law. If there is a dispute which cannot be resolved under our complaints procedure, it will only be dealt with in the courts of England and Wales.

These terms of business are supplied only in the English language and all communications for the duration of our appointment will be in the English language unless, if you are a customer in a European Economic Area state other than the United Kingdom, you require otherwise.

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.

Rights of third parties

No provision of these Terms of Business will be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999, by any person other than you or us.

Termination of the Agreement

This agreement may be terminated at any time by mutual consent or by the other party giving 14 days’ notice in writing.