Terms of Business Agreement

Introduction

Welcome! This Agreement is between you and Howden Employee Benefits & Wellbeing Limited (“we,” “us,” “our”). We are part of the Howden Group, located at One Creechurch Place, London EC3A 5AF. We also trade under the following names listed in Schedule 1 - Trading Names.

About us

Howden Employee Benefits & Wellbeing Limited is authorised and regulated by the Financial Conduct Authority (FCA). Our FCA firm reference number is 312841. You can verify our details on the FCA's register by visiting https://www.fca.org.uk/ or by calling the FCA on 0800 111 6768.

Some non-insurance services and products provided by us are not regulated by the FCA. We'll let you know whenever this is the case.

Scope of services

As an independent insurance intermediary, we act as your agent. This means we have certain duties including advising you on life, protection, and health insurance, and making suitable recommendations based on your needs. If we arrange insurance for you without providing advice, such as through our online quote and buy platform, we will confirm this in writing.

Before negotiating with insurers, we seek to fully understand your insurance requirements. We will then advise you on appropriate insurance options and the benefits of different policies. Our goal is to secure competitive quotes that provide suitable coverage. If we are unable to meet your requirements, we will inform you.

Basis of agreement

This Agreement sets the foundation of our relationship and the services we provide for each insurance policy we arrange or have arranged on your behalf. Unless a different written agreement exists, this document outlines our mutual expectations. If you ever feel this doesn’t apply to you, please reach out to us so we can better assist you.

By instructing us after receiving this Terms of Business Agreement, you agree to the terms within. This Agreement replaces any prior agreements we may have sent you.

Please read this document carefully. If anything is unclear or you disagree with any part, contact us immediately.

We don’t offer advice on tax, legal, accounting, regulatory, or sanctions matters. Please seek separate advice if needed.

Vulnerable customers

If you suffer from any conditions or circumstances that may hinder your ability to make an informed decision at any time during your association with Howden Employee Benefits & Wellbeing, please bring this to our attention. We will make a record of this, provide additional opportunities for you to ask questions about any information we have provided, and continuously seek confirmation that you have understood information that has been provided. We will share this information with insurers at your request.

Contacting you

When you communicate with us via email or other electronic means, we take this as your consent to receive all information from us in the same way. If you prefer, we’re happy to provide any information in paper format—just let us know.

Accuracy of information

We ask that you answer all questions fully and accurately, including those about the medical history of anyone covered by the policy. Misleading or inaccurate information can lead to different terms, higher premiums, a claim being rejected or even the cancellation of your policy. This duty continues while arranging your policy, at renewal, and any time it is varied. If you’re unsure about any question or need to notify us of changes to the information you’ve provided, please contact us immediately.

Policy terms and conditions

It’s essential to read and understand the terms of any insurance contract provided by us or your insurer, and comply with all policy conditions, as failure to do so may entitle the insurer to delay or decline a claim. If you need help understanding your obligations, please reach out to us, and we’ll be happy to talk you through them.

Remuneration

We’re transparent about how we earn our remuneration. Usually, we’re paid by insurers through commission, by fees paid by you, or a combination of both. Commission is a percentage of the premium charged by insurers for the insurance we arrange for you. Sometimes, we may agree to a fee with you in advance for our services.

Our remuneration is fully paid when the insurance contract begins. If the insurance is cancelled or terminated, or our appointment ends, we may have to repay some of our commission to the provider.

We believe in transparency. Upon request, we’ll disclose our remuneration in relation to the policy arranged, including any additional income.

Basis of insurance policy or product selection

Before we negotiate with insurers, we take the time to understand your insurance needs. Our goal is to secure competitive quotes that provide suitable coverage. If we can’t meet your needs, we’ll let you know.

Our search for the right insurance may involve:

Approaching a single insurer; or
Contacting a range of insurers

Details of our approach will be included in your quote documentation. If you have concerns about any chosen insurers or service providers, please tell us as soon as possible.

Duration

This Agreement starts from the earliest date we advise you; you appoint us as your broker, or you instruct us to arrange insurance. It continues until cancelled according to the Cancellation Clause below.

Policy documentation

We aim to provide your policy documentation promptly, confirming the cover and details of the insurer(s). For some insurance types, such as private medical or dental, your documents may come directly from the insurer. Please review any insurance documents carefully to ensure they meet your needs. If something seems incorrect, let us know right away.

It is important that you keep your insurance documents safe. Any paper documents that you provide to us will be treated as copy documents. Such documents may ultimately be destroyed by us in accordance with our document retention policy.

Changes to your policy

Please notify us immediately of any changes in your circumstances or details upon which your insurance was arranged. Examples include a change of address, occupation, lifestyle changes like smoking, or being diagnosed with an illness. Any amendments should be communicated to us.

We will then use our best endeavours to get insurers’ agreement to these changes and will confirm this back to you, including any additional or return premium attributable to the changes, by way of an addendum or endorsement.

Renewal of policies

For policies with a renewal date, we’ll contact you with the premium and terms for the next period of insurance.

To continue your cover, you must instruct us on or before your policy’s expiry date. There are no ‘days of grace,’ so it’s essential to ensure your insurance remains valid and in force.

Responsibility for renewal

We’ll always look to contact you before your renewal date with the premium and policy terms. It’s your responsibility to ensure your insurance stays valid. We’ll inform you of the renewal terms and invite you to update us on any changes to your circumstances and insurance needs.

Automatic renewal

If you’ve authorised ongoing premium payments via direct debit or credit card, your policy will renew automatically, ensuring continuous cover. The renewal information from your insurer will confirm if automatic payments are in place. If you do not contact us in advance of your renewal, your existing policy will automatically renew based on the current terms and conditions.

You are responsible for keeping your payment details up to date to avoid lapses in cover. Failure to do so may result in your insurer not receiving the premium on time, potentially causing your policy not to renew, and losing your underwriting history. Even with automatic renewal, you will have a statutory period to cancel your policy and receive a refund.

Please refer to the ‘Your statutory rights to cancel your insurance policy’ section of this Agreement.

Non-automatic renewal

Without automatic payments, you’ll need to pay the premium directly to the insurer. Ensure your payment is received before the due date to maintain cover.

Client money

We don’t handle client money, including cheques. Please make payments directly to insurers, except for agreed charges or disbursements.

Insurance Premium Tax

Unless stated otherwise, premiums are inclusive of Insurance Premium Tax (IPT). Other taxes or costs may apply and are not charged by us.

Making a claim

All claims are processed by your insurer. Refer to your policy documents for instructions. Upon request, we will guide you through what can often be a difficult and stressful time and help make certain the Insurer provides the responsive service you are entitled to expect.

We’ll act with due care and skill if we assist with your claim, but we don’t have authority to settle claims on behalf of insurers. Always get your insurer’s agreement before incurring any expenses related to a claim.

Making a complaint

We work hard to provide excellent service. If you’re unhappy with any aspect, let us know so we can do our best to resolve it. Initially, contact the team who handled your case.

Alternatively, you can email: customerrelations@howdenlifeandhealth.co.uk

or write to: Customer Relations Team, Howden Life & Health Limited Ageas House, The Square Brockworth, GL3 4ZP.

If you’re still unsatisfied, you may refer the complaint to the Financial Services Ombudsman.

The FOS is a free, independent service for settling disputes between consumers and financial services businesses. Learn more at www.financial-ombudsman.org.uk/ or request our complaints procedure.

Financial Services Compensation Scheme

We place your business with insurers we believe are reliable and financially sound. However, we can’t be held liable if an insurer cannot meet its obligations. You are still responsible for paying any premium or part-premium due. We do not and cannot guarantee the solvency or continuing solvency of any insurer. You should be aware that the financial position of an insurer can change once insurance has been placed with them and this may have an effect long after the insurance has expired if there is an outstanding claim with them.

We are covered by the Financial Services Compensation Scheme (“FSCS”). You may, depending on where the risk is located, your status, and the type of insurance policy concerned, be entitled to compensation from the scheme if we or your insurer cannot meet their obligations. Further information about the limits applicable to different product types is available from the FSCS at https://www.fscs.org.uk/what-we-cover/

Insolvency

In the unfortunate event that your insurer becomes insolvent or experiences delays in settling claims, please note that we cannot be held responsible for any unpaid amounts.

Data protection

This is a summary of how we use your information, including where this information contains personal data and/or special categories of personal data such as information related to the physical or mental health of an individual. To the extent that we process personal data in connection with this Agreement, we shall generally do so as a controller in our own right. For certain ad-hoc services and where you are an organisation, we may act as your processor, in which case we will enter into a separate agreement with you to enable us to comply with Data Protection Law. Further information about how and why we collect and use personal data can be found in our Privacy Notice which can be accessed through our website at, www.howdengroup.com/uk- en/privacy-data-protection-policy/hebw or we can provide this to you on request. Our Privacy Notice also explains what rights are available to individuals and how those rights can be enforced.

Your obligations

When you provide us with your personal data, it's your responsibility to ensure that it is accurate, so we can deliver the best service to you.

Our obligations

We shall comply with applicable Data Protection Law whenever we are processing information that contains personal data, and we have policies and procedures in place to protect and manage that information.

We shall treat all such information as confidential, and we shall ensure that personal data is processed lawfully, fairly, transparently, and in compliance with Data Protection Law.

Call monitoring

Please note that telephone calls may be recorded and monitored for training, quality assurance, complaint-handling, and other internal investigation purposes.

Definitions

“Data Protection Law” means the UK (United Kingdom) GDPR (which merges the Data Protection Act 2018 and the UK’s retained sections of the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”)); and any amended or successor legislation to the UK GDPR References to “Controller,” "Personal Data," “Processing,” and “Special Category Data” shall have the meanings given to them under Data Protection Law.

Third party rights

Other than where it is contemplated elsewhere in this Agreement, a person who is not a party to this Agreement shall not have any rights under or in connection with it.

Jurisdiction and choice of law

Language of communications

All communications between you and us, including all communication of terms and conditions, will be in English unless otherwise agreed in writing.

Applicable law

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed with the laws of England and Wales. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter.

Your statutory rights to cancel your insurance policy

Cooling-off Period

Provided you have not made any claim for benefits, you have the right to cancel any insurance policy that you buy from us without charge within the cooling-off period. If you wish to cancel your insurance, you should write to advise this within 30 days of the date you received your policy documentation (14 days for Private Medical Insurance).

Cancellation

If you decide to cancel your policy or terminate this agreement with us to act on your behalf, please contact us first so that we can help you determine if this is the best course of action for your needs and, if so, the best way to do this to minimise any cost to you.

If you pay your premiums by direct debit, any money already paid at the time of cancellation will be used to clear the insurer’s charge. If the direct debit payment is insufficient to do this, you will need to contact the Insurer to discuss the balance. Where you do not maintain direct debit payments or other instalment payments, your Insurers have the right to cancel your insurance policy.

Full details of your rights to cancel your policy will be included within your insurance policy.