Terms of Business - Glennon Personal NI/GB Clients
Terms of Business Glennon - Personal NI/GB Clients
These terms of business (the “Agreement” or “Terms of Business”) set out the basis on which Frank Glennon Limited, trading as “Glennon” and “Glennon Insurances”, herein referred to as “Glennon”, will provide services to you as a client of the firm. These Terms of Business are effective for all new customers from the 10th June 2013 and for all existing customers from their policy renewal date falling due on or after the 4th July 2013. Please read these Terms of Business carefully and if you have any questions about any aspect please contact us immediately.
www.glennons.ie is a website operated by Frank Glennon Ltd (the “Site”), trading as “Glennon” and “Glennon Insurances”.
Please note that in order to avail of any product or service through Frank Glennon Limited it is a condition that you agree to the terms of these Terms of Business.
Frank Glennon Limited trading as “Glennon” and “Glennon Insurances” is a professional firm of Insurance Brokers and Consultants and carries on their business at Charlemont House, Charlemont Place, Dublin 2, E-mail; firstname.lastname@example.org. It is registered in the Company’s Registration Office under company number 14385 and is registered for value added tax (VAT), registration number 0653743R. Frank Glennon Limited trading as “Glennon” and “Glennon Insurances” is a member of the Galesburg Securities group of companies. Frank Glennon Limited trading as “Glennon” and “Glennon Insurances” is authorised and regulated by the Central Bank as an Insurance Intermediary under the Investment Intermediaries Act, 1995 as amended and is registered under the European Communities (Insurance Mediation) Regulations, 2005, which can be verified on the Insurance Mediation Register, available at www.centralbank.ie.Codes of Conduct issued by the Central Bank of Ireland apply to Frank Glennon Limited trading as “Glennon” and “Glennon Insurances” including the Consumer Protection Code, Minimum Competency Code, and Fitness and Probity Standards which can be accessed at www.centralbank.ie. Frank Glennon Limited trading as “Glennon” and “Glennon Insurances” is a member of the Irish Brokers Association.
We provide our services on Motor and Home Insurances on a tied basis to a single Insurer Allianz p.l.c. who is the dedicated Insurer of our Motor and Home Insurance Schemes. We will arrange scheme insurance policies with the scheme Insurer and assist you in any subsequent alterations to these insurances. We will also assist you in processing claims under insurance policies which we have placed on your behalf.
This Insurer is licenced and/or approved to underwrite such policies and is regulated by the Central Bank of Ireland. We obtain financial information on Insurers from a variety of sources including a specialist independent rating agency. However, we do not accept any responsibility for the ongoing solvency of any Insurer.
Duty to Take Reasonable Care
When seeking a quotation and /or arranging, amending or renewing a policy, the answers to all the questions must be true and complete in every respect, to the best of your knowledge and belief and that you do not make any misrepresentations. A misrepresentation is where an individual provides inaccurate, misleading or incomplete information. Failure to take reasonable care not to make a misrepresentation or to answer all questions in a true and complete manner in every respect, may lead to a cancellation of your policy, a refusal to pay a claim, impact on your ability to purchase insurance in the future and in respect of a Home Insurance policy, to a possible breach of the terms and conditions attaching to any loan secured on the property.
All telephone calls including outbound calls may be recorded and monitored for regulatory, quality and training purposes.
Glennon receive commission from insurers with whom we arrange insurance policies details of which are available on request on policies arranged for each customer. Glennon may also receive additional commission payments from certain Insurers which can be based on factors such as profitability, premium volume and/or growth.
Glennon will also charge you a commission fee for the services provided in accordance with the undernoted commission scale.
Arranging or renewing the proposed policy up to £17
Arranging an alteration on, or providing a service in connection with, the proposed policy up to £5 per transaction.
We reserve the right to amend these fees should the complexity of the product or services require a higher fee. We will confirm and agree this fee with you prior to any increased charge being applied.
Where we arrange a policy for you with an insurer with whom we do not hold an appointment in writing or in circumstances where we do not receive commission from an insurer then we will charge you a specific commission fee for our services. If we do this we will provide you with a written estimate of this commission fee in advance of providing any business service.
Demands and Needs Statement
We issue a Demands and Needs Statement, which contains a summary of the cover of the policy you have chosen prior to providing or arranging an insurance policy including policies arranged via our Website and with each New Business Quotation and Renewal Invitation Pack. Where immediate cover is required a Demands and Needs Statement will be issued immediately after the policy has been arranged. You must read this statement to satisfy yourself that the cover offered by the policy selected fully meets your requirements. By accepting these Terms of Business you acknowledge that you have read and understand the information contained within such Demands and Needs Statement.
Any insurance arranged by Glennon is subject to all the terms, conditions and exclusions of the policy of the insurer selected. You must read the insurer's policy which you have been given or which are available on request from us or in respect of Motor and Home policies which can be viewed in our Information Centres on our Website in order to satisfy yourself that the cover offered by the policy meets with your requirements. By accepting these Terms of Business you acknowledge that you have read and understand the information contained within the policy selected.
The provisions of this Agreement may be varied or superseded at any time by agreement in writing between us but any such variation shall not affect any rights or obligations of either of us already accrued. You or we may initiate such variations.
Conflicts of Interest
It is the policy of Glennon to avoid any conflict of interest when providing business services to its clients. However, where an unavoidable conflict of interest arises we will explain the situation fully and manage the situation is such a way as to avoid prejudice to any party. If a conflict arises for which there is no practical solution, we will withdraw unless you wish us to continue to act for you and provide us with your written consent to this effect.
Default by you:
All insurance policies are arranged on the express condition that pending receipt of the premium from you, Glennon reserve the right, notwithstanding delivery of a policy, insurance certificate or receipt to you, to cancel the policy, obtain a refund from the insurers and apply same in reduction of the amount due from you. Glennon will, if necessary, exercise its legal rights to receive any payments due to it from clients for services provided by it and to be reimbursed for any value obtained by the firm for clients arising from payments by the firm on behalf of clients who subsequently default on any payment due to the firm.
Insurers may withdraw benefits or cover on default of any payments due under any policies arranged for your benefit or on failure by you to accurately provide all material information in relation to such insurance policies.
Default by Glennon:
In the unlikely event that we cannot meet our liabilities to you any monies paid by you to us for an insurance policy are deemed to be accepted by the Insurer with whom we have arranged your insurance. Glennon is a member of the Investor Compensation Scheme established under the Investor Compensation Act 1998 which provides certain remedies to eligible clients on default by us. The main details of the operation and conditions of the scheme are given in the section below. Your legal rights against Glennon are not affected by this scheme.
Investor Compensation Act 1998
Glennon is a member of the Investor Compensation Scheme established under the Investor Compensation Act 1998 (“1998 Act”) which provides certain remedies to eligible clients on default by us. The right to compensation will arise only
- If you are an eligible investor as defined by the 1998 Act;
- If we are not in a position to return client money or investment instruments owned or belonging to our clients; and
- To the extent that your loss is recognised for the purposes of the 1998 Act.
Where an entitlement to compensation is established, the compensation payable will be the lessor of 90% of your loss which is recognised for the purposes of the 1998 Act or EUR 20,000. Your legal rights against Glennon are not affected by this scheme.
Client Instructions through Third Parties
Clients sometimes authorise third parties to give us instructions (usually by telephone, fax or e-mail) to alter their policies (such as a motor dealer instructing us to make a vehicle change) or to seek information on their policy (such as a Building Society seeking information on the building sum insured). It is our practice in such circumstances to accept such instruction and/or provide such information in good faith as a facility to our clients. However, in such circumstances we do not accept liability for any loss, damage or injury arising out of any error or incorrect instruction given or providing any information where the request for information is invalid. If you do not wish us to accept such instructions and/or provide information on your policy from and/or to any person other than as authorised under the Data Protection Acts 1988 and 2003, please email email@example.com in the case of personal clients or email firstname.lastname@example.org in the case of business clients or if corresponding by post please tick here < >.
Glennon are committed to providing high quality customer service. If you have any complaint in relation to the services provided by us you should write to our Customer Services Manager outlining the nature of your complaint. Any such complaint will be acknowledged as soon as possible but not later than five business days from the date of receipt informing you of the contact person who will deal with your complaint. Your complaint will be fully investigated and we will inform you of the progress of our investigation at intervals of not more than twenty business days. We will aim to provide a full response to you as quickly as possible but not later than forty business days from the date of receipt of your complaint or if circumstances dictate such longer period of which you will be informed in writing. If your complaint is not resolved to your satisfaction you should then contact our Director – Personal or Director – Business depending on the nature of the policy to which your complaint refers. If your complaint is still not resolved to your satisfaction and you remain dissatisfied with our final response to your complaint you can refer your complaint to the Financial Services Ombudsman’s Bureau at 3rd Floor, Lincoln House, Lincoln Place, Dublin 2; Tel Lo-Call 1890 88 20 90; (353) 1 6620899, Fax (353) 1 6620890; e-mail: email@example.com; Website: www.financialombudsman.ie or the Central Bank of Ireland, Consumer Information Department, PO Box 9138, College Green, Dublin 2; Tel 1890 777777. You may also refer your complaint to the Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR; Tel 0845 080 1800; Email: firstname.lastname@example.org but must do so within 6 months of the date of our final decision. Your right to take legal action is not affected by following any of the above procedures. Your right to take legal action is not affected by following any of the above procedures.
Either of us may terminate this Agreement by written notice at any time. Termination will not in any event affect accrued rights, existing commitments or any contractual provision intended to survive termination and will be without penalty or other additional payment save that you will pay:-
- any outstanding amounts due to us and/or to insurers with whom we have placed insurances on your behalf; and
- any additional expenses necessarily incurred by us in settling or concluding outstanding obligations.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control. Our performance of this Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
If we fail to insist upon strict performance of any of your obligations under these Terms of Business, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms of Business, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of the terms of this Agreement shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing by our authorised personnel.
If any of the terms of this Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
This Agreement and any document expressly referred to in it constitutes the whole agreement between us and supersedes and replaces any previous arrangement, understanding or agreement between us relating to the subject matter of this Agreement.
This Agreement is subject to the laws of Ireland and the Courts of Ireland will have exclusive jurisdiction over any dispute.
Data Protection Notice
Glennon respects your right to privacy and wishes to comply with our obligations under the Data Protection Acts 1988 and 2003. The purpose of this Notice is to outline how we deal with any Personal Data you provide to us. “Personal Data”, “Sensitive Personal Data” and “Data Controller” each have the meaning given in the Data Protection Acts 1988 and 2003.
In this Notice Personal Data includes personal information given by you to us, whether in your proposal, any claim you submit to us or any Personal Data we collect in connection with any product or service we provide to you. Frank Glennon Limited, shall be the Data Controller in respect of all such Personal Data collected.
References to “we” and “us” in this Notice (and the consents obtained herein) shall be construed accordingly as references to Frank Glennon Limited trading as “Glennon” and “Glennon Insurances”.
Uses: The Personal Data you supply to us may be used by us and, where necessary, our associated companies and agents for the following purposes:
- for the provision of insurance broking and administration services (including securing quotations, arranging, managing and renewing insurance policies and processing insurance claims e.g. with loss adjustors);
- to contact you in connection with the provision of our services; and
- to respond to any communications you might send to us.
By sending your Personal Data to us for the purpose of the provision of insurance broking and administration services you signify your consent to your Personal Data being processed by us for the purposes set out in this Notice.
Disclosure: We will not disclose your Personal Data to third parties unless you have consented to this disclosure or unless the third party is required to fulfil the provision of our service to you (and in such circumstances, the third party is bound by similar data protection requirements).
We will disclose your Personal Data if we believe in good faith that we are required to disclose it in order to comply with any applicable law, a summons, a search warrant, a court or regulatory order, or other statutory requirement.
We reserve the right to transfer your Personal Data to a third party in the event of a sale, merger, liquidation, receivership or transfer of all or substantially all of the assets of our company and our rights and duties under our arrangements with you, provided that the third party agrees to adhere to the terms of this Notice and provided that the third party only uses your Personal Data for the purposes that you provided it to us. You will be notified two months in advance in the event of any such transfer and you will be afforded an opportunity to opt-out (provided an opt-out would not nullify the effect of your insurance policy).
Marketing We may use your Personal Data to keep you informed by post, telephone, e-mail or other means of communication of our products and services which may be of interest to you. In addition if you provide Personal Data to us and your policy with us lapses, we may contact you to inform you of our products and services which may be of interest to you. On the occasion of each such communication to you we will provide you with the option not to receive any further communications from us.
On this basis if you do not wish your information to be used for these marketing purposes please tick here < > if corresponding by post or email email@example.com in the case of personal clients or email firstname.lastname@example.org in the case of business clients.
Sensitive Data: In order to provide you with our insurance broking and administration services, we may need to collect Sensitive Personal Data relating to you (such as, for example, Personal Data relating to your medical history or any previous criminal convictions). Any Sensitive Personal Data that we collect will be used solely for the purpose of the provision of insurance broking and insurance administration (including underwriting, processing, claims handling, reinsurance and fraud prevention).
Retention: Except to the extent we are required or permitted to do so by law or by a competent authority (e.g. the Central Bank of Ireland), we will not retain your data for longer than is necessary for the purposes for which it is obtained. You may inform us of any changes to your Personal Data, and in accordance with our obligations under the Data Protection Acts 1988 and 2003, we will update or delete your Personal Data accordingly.
Representation: The accuracy of the Personal Data you provide to us is paramount to the provision of valid insurance and administration services. Accordingly, when you provide us with Personal Data, you warrant and represent to us that in respect of any Personal Data of any data subject which you provide to us you have the authority of the relevant data subject(s) to disclose such Personal Data to us and that all such data is accurate, complete and up to date.
Consent: By providing us with your Personal Data you consent to all of your Personal Data being used for the purposes of the provision of insurance broking and insurance administration (including underwriting, processing, claims handling, reinsurance and fraud prevention).
Access: Under the Data Protection Acts you are entitled to certain information about, and access to copies of, your Personal Data. If you wish to exercise this right please forward your request in writing to us (being as specific as possible please) for the attention of the Data Protection Officer. Please include appropriate evidence of your identity and a cheque for the statutory fee of €6.35. We will respond to valid requests within forty days of receipt.
For full details of all your policy terms, conditions and exclusions please consult your policy document, and/or schedule and/or Motor Certificate of Insurance which you have been given and which are available on request from us. If you have any queries on any aspect of your insurance policy or the services we provide please do not hesitate to contact us.