Terms of Business for Trafalgar Insurance

Terms of Business

Introduction

Trafalgar Risk Management Ltd. acts as an Independent Insurance Intermediary by placing insurance with Underwriters and helping you with any subsequent event or alteration to your insurance that we have placed on your behalf, including claims handling. We seek to achieve the highest professional standards and therefore operate in accordance with the following Terms of Business.
Trafalgar Risk Management Ltd places insurance with a number of Underwriters and it will let the Client know should it have any special arrangements with them or should the Client have to deal directly with the Underwriter for ongoing policy administration.
In respect of on-line trading, Trafalgar Risk Management Ltd uses only one company for each type of insurance.
We do not in any circumstance act as Underwriter nor do we guarantee or otherwise warrant the solvency of any Underwriter.

Definitions

"We/us" means Trafalgar Risk Management Ltd of The 51 Eastcheap, London, EC3M 1JP. Telephone - 0333 800 0000; Facsimile - 0333 800 0001; Email - info@trafalgar.uk.com
"Client" means the person(s) or company purchasing the Policy through Trafalgar Risk Management.
"Policy" means any insurance policy purchased by the Client using the services of Trafalgar Risk Management Ltd.
"Underwriter" means any Underwriter selected by us as capable of providing the necessary cover.
"Quotation" means the premium required by Underwriters to cover the risk being proposed, as detailed in either the online Application form, or a hard copy Proposal form.

Terms

1.Policy Purchase

1.1	Prior to purchasing a Policy, We will supply the Client with a quotation based on information provided by the Client on the relevant Application or Proposal form. The Client should read the Quotation carefully as it will be the basis for the Policy and Trafalgar Risk Management will not be liable for any Client error, omission or misstatement.
1.2	Quotations are valid for thirty (30) days only, unless expressly extended by Trafalgar Risk Management.
1.3	Each Policy is based on 'utmost good faith', therefore the Client must advise the Underwriter of any material fact that may influence them in accepting, rejecting, imposing special terms or renewing the Policy any time prior to commencement of cover or renewal, and whilst the Policy continues. The Client must ensure the information, statements or answers it provides on the Application or Proposal form are accurate and failure to disclose pertinent information, or provide misleading or false statements may lead to the Policy being invalid.
1.4	Notwithstanding clause 1.3 Trafalgar Risk Management shall be entitled at any time to reject an order for a Policy whether such order is in compliance with the Quotation or otherwise.
1.5	Cover under a Policy will be effective from the date Trafalgar Risk Management confirms to the Client that the cover is effective.

2.Premium

2.1	Unless otherwise agreed between the Client and Trafalgar Risk Management the total amount payable for the Policy shall be the Premium provided by Trafalgar Risk Management in the Quotation. The Premium quoted to the Client will include all fees and/or commission payable.

3.Payment of Premiums

3.1	The Premium shall be payable within fourteen days (14) from the inception date of the Policy.
3.2	Payment shall be deemed as not being received until Trafalgar Risk Management receives cleared funds.
3.3	Trafalgar Risk Management reserves the right to retain certificates and other Policy documentation until the cleared funds are received into the appropriate Trafalgar Risk Management bank account.
3.4	Should the Premium not be paid to Trafalgar Risk Management within the fourteen (14) day payment period, the Policy shall be deemed cancelled ab initio (from inception), unless a premium payment extension period has been expressly agreed between Trafalgar Risk Management and the Client. In the event of no extension being agreed, any losses that may occur within the fourteen (14) day premium payment period will not be covered by Underwriters.
3.5	In the event of the Policy being cancelled mid-term, Trafalgar Risk Management will refund the unexpired portion of the Premium subject to Trafalgar Risk Managements short term cancellation clause 3.6. Fees and/or commissions are not refundable.
3.6	Trafalgar Risk Management reserve the right to decline a premium refund if the unexpired portion of the Premium is less than six (6) months to Policy renewal.
3.7	If paying by credit card, the debit will appear on your credit card statement as "MC - TRAFALGAR.UK.COM 0845 685 2610".

4.Claims

4.1	In the event of a Client being made aware of a claim or being made aware of a circumstance that may give rise to a claim in the future, the Client must advise Trafalgar Risk Management at its earliest opportunity. Failure to do so may prejudice the Underwriter and as a result, the Underwriter may refuse to meet any losses under the Policy.
4.2	In the event of a claim, or circumstance that may give rise to a claim in the future, the Client shall not admit liability nor agree to any course of action without the express agreement and consent of the Underwriter.
4.3	In the event of a claim, or circumstance that may give rise to a claim in the future, the Underwriter may, at its discretion, take over the handling of the claim and appoint any professionals it deems suitable to reduce the cost of a claim.

5.Professional Indemnity

5.1	Trafalgar Risk Management conforms to the FCA Regulations in respect of Professional Indemnity insurance.
5.2	Trafalgar Risk Management shall not be liable to the Client for any indirect or consequential losses or damage, costs, expenses or other claims for consequential compensation whatsoever, which arise out of or in conjunction with the Policy provided to the Client.

6.Policy Assignment

6.1	The Client cannot assign or transfer the Policy to another party without the prior written consent of Trafalgar Risk Management.

7.Communications

7.1	All communications between Trafalgar Risk Management and the Client must be in writing (which for the purposes of this Policy includes email) and be delivered by hand or sent by first class post or sent by facsimile or electronic transmission:-
	to Trafalgar Risk Management; to its registered office to the Client; to its registered office or any other address the Client has set out in the Proposal or Application form, which forms part of this Policy, or any other address notified by the Client to Trafalgar Risk Management.

8.Complaints

8.1

It is our intention to provide you with a high level of service at all times. Similarly, we expect our Clients to conduct themselves in a professional manner and to provide Trafalgar Risk Management with clear and concise instructions. If you have cause to feel unhappy with us in any way please contact, in the first instance, the Manager either orally or in writing. Your complaint will be acknowledged within two (2) working days advising of who is dealing with the complaint and indicating when you may expect an answer. Trafalgar Risk Management will provide a formal written response within twenty (20) working days from receipt of the original complaint. If a complaint cannot be resolved within this timescale, Trafalgar Risk Management will write to you with an explanation and the likely timescale involved.

8.2

Should the Client believe the matter has not been resolved to its satisfaction, Trafalgar Risk Management will advise of any further redress available to the Client.

9.Confidentiality

9.1	All information supplied by the Client to Trafalgar Risk Management will be treated as private and confidential, and will not be disclosed to any other parties without your consent, subject to clause 9.2.
9.2	We will only use and disclose the information provided by the Client in obtaining quotations and arranging and administering your Policy with Underwriters.
9.3	We may use information we hold about the Client to provide the Client with details of other products or services Trafalgar Risk Management feels may be of benefit to you. If you do not wish to receive such information, please let us know.
9.4	The provisions of this clause shall survive termination of the Policy for any reason.

10.Termination

10.1	The Policy may be terminated without cause by either party by giving one (1) months notice in writing to the other party, or as otherwise agreed.
10.2	Trafalgar Risk Management shall be entitled to terminate the Policy or withdraw its Quotation, with immediate effect upon notice to the Client in the event of:-
	non-payment of Premium within the specified premium payment period; or if required to do so by the Underwriter
10.3	In the event of the Policy being terminated by the Client, Trafalgar Risk Management will be entitled to keep all commissions and/or fees paid to Trafalgar Risk Management in relation to the Policy being cancelled.

11.General

11.1	If any provision under these Terms of Business is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partially illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Terms of Business shall continue in full force and effect.
11.2	Failure or delay by Trafalgar Risk Management in enforcing or partially enforcing any provision of these Terms of Business will not be construed as a waiver of any of its rights under the Terms of Business.
11.3	Unless otherwise agreed, no terms of this agreement are enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
11.4	These Terms of Business shall be governed by and construed in accordance with English law and both parties submit to the exclusive rights of the English courts.

12.Data Protection

12.1	Each party shall comply with all appropriate data protection legislation and principles, including but not limited to the data Protection Act 1998 (as amended) in relation to personal data controlled or processed by it.
12.2	Trafalgar Risk Management reserves the right to pass client details onto other businesses within the group, including where appropriate Appointed Representatives and Service Suppliers.