WESTMINSTER INDEMNITY LIMITED

Terms of business

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Introduction
Westminster Indemnity Limited does not provide financial nor insurance advice.
Westminster Indemnity Limited acts as an Insurance Intermediary and has binding rights provided to us by Saturn - a trading name of Martello Professional Risks Ltd. That means we act as agents for Saturn by placing insurance with the Insurers – - and helping you with any subsequent event or alteration to your insurance that we have placed on your behalf, including claims handling.

We are authorised by the Financial Services Authority No 439023. Click here to read the Key Facts sheet that we must provide for you.

We seek to achieve the highest professional standards and operate in accordance with the following Terms of Business.

Westminster Indemnity Limited acts using the binding rights afforded to us or as an introducer only to regulated insurance brokers competent in the area of enquiry.

We do not in any circumstance act as Underwriter nor do we guarantee or otherwise warrant the solvency of any Underwriter.

The major part of these terms of business relate to those circumstances where we act using the binding rights afforded to us by Saturn. If we are dealing with other matters concerning other types of insurance then we so as introducers. If we act as an introducer then we take no responsibility whatsoever for the advice and service offered by the firm we introduce you to.

Definitions
"We/us" means Westminster Indemnity Limited of No 5, 105 The Esplanade, Weymouth, DT4 7EA. Telephone – 01305 839 939; Email – mail@westminster-indemnity.co.uk
"Client" means the person(s) or company purchasing the Policy through Westminster Indemnity Limited.
"Policy" means any insurance policy purchased by the Client using the services of Westminster Indemnity Limited.
"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

The structure of our business is that we are primarily Internet based. All information regarding a quotation, a copy of the policy, definitions and other supporting and explanatory material is provided on the site.

Application and payment is made via the web site. If a Client makes an application and a payment and if for any reason whatsoever a policy is not effected we will refund any payment made for the purpose of the intended policy without delay.

Prior to purchasing a Policy, The Client should obtain a quotation from the web site. This is based upon information provided by the Client. The Client should read the Quotation carefully, as well as the policy, as this will be the basis for the Policy and Westminster Indemnity Limited will not be liable for any Client error, omission or misstatement.

Quotations are valid for seven (7) days only, unless expressly extended by Westminster Indemnity Limited.

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 in the Policy being invalid.

Notwithstanding clause 1.3 Westminster Indemnity Limited shall be entitled at any time to reject an order for a Policy whether such order is in compliance with the Quotation or otherwise.

Cover under a Policy is usually effective from the date on which the application is made providing that the payment is made at the same time and the properly signed and dated paper application form received by us within 14 days of the application. No policy can be issued or confirmation that a policy can be issued can be made until we have received the signed paper version and the contents checked against the acceptance criteria.

2 Premium

Unless otherwise agreed between the Client and Westminster Indemnity Limited the total amount payable for the Policy shall be the Premium provided by Westminster Indemnity Limited in the Quotation. The Premium quoted to the Client will include all fees, commission and management charges payable, as well as the Insurance Premium Tax.

3 Payment of Premiums

It is normal practice that premiums are paid via the Internet by credit or debit card at the time of application. We also accept applications where payment is made by cheque. No policy will be issued until the premium is cleared funds received by us. Whilst we seek to maintain the start date of cover to be the application date, this can only occur when the payment is received by us within 14 days of the application date.

Westminster Indemnity Limited reserves the right to retain certificates and other Policy documentation until the cleared funds are received into the appropriate Westminster Indemnity Limited bank account.

Should the Premium not be paid to Westminster Indemnity Limited 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 Westminster Indemnity Limited and the Client. In the event of no extension being agreed, Underwriters will not cover any losses they may occur within the fourteen (14) day premium payment period.

A policy issued by us cannot be cancelled mid-term.

If paying by credit card, the debit will appear on your credit card statement as "Westminster indemnity Ltd".

4 Claims

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 Westminster Indemnity Limited 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.

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.

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

Westminster Indemnity Limited conforms to the FSA Regulations in respect of Professional Indemnity insurance.

Westminster Indemnity Limited 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

The Client cannot assign or transfer the Policy to another party without the prior written consent of Westminster Indemnity Limited.

7 Communications

All communications between Westminster Indemnity Limited 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: -
(i) to Westminster Indemnity Limited; to its registered office
(ii) 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 Westminster Indemnity Limited.

8 Complaints

We take pride in providing a high level of service at all times. Similarly, we expect our Clients to conduct themselves in a professional manner and to provide Westminster Indemnity Limited with clear and concise instructions. If you have cause to feel unhappy with us in any way please contact, in the first instance, the Office 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. Westminster Indemnity Limited 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, Westminster Indemnity Limited will write to you with an explanation and the likely timescale involved.

Should the Client believe the matter has not been resolved to its satisfaction, Westminster Indemnity Limited will advise of any further redress available to the Client.

9 Confidentiality

All information supplied by the Client to Westminster Indemnity Limited 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.

We may use information we hold about the Client to provide the Client with details of other products or services Westminster Indemnity Limited feels may be of benefit to you. If you do not wish to receive such information, please let us know.

The provisions of this clause shall survive termination of the Policy for any reason.

10 General

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.

Failure or delay by Westminster Indemnity Limited 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.

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.

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.

11 Data Protection

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.