Terms & Conditions
Terms of Business Agreement
30th January 2020
Throughout this Terms of Business document, references to ‘we’ ‘us’ and ‘us ‘are references to Freedom Brokers Ltd. We are an insurance intermediary and not an insurer, offering products and services from insurers to meet your requirements. We are registered in England No 10399389 and our registered address is Eden Point, Three Acres Lane, Cheadle Hulme, Cheshire, SK8 6RL.
Freedom Brokers Ltd is an appointed representative of Action 365 Ltd, who are authorised and regulated by the Financial Conduct Authority. The firm reference number for Freedom Brokers Ltd is 774904. The firm reference number for Action 365 Ltd is 306011. You may check this on the FCA’s register by visiting the FCA website, www.fca.org.uk or by contacting the FCA helpline on 0800 111 6768.
Your agreement to this Terms of Business Agreement
By asking us to quote for, arrange or handle your insurances, you agree to the terms set out in this Terms of Business and to us acting as your agent. If you are unsure about any aspect of our Terms of Business or have any questions, please contact our Customer Services Team on 03332 205445 (Calls may be recorded for training and monitoring purposes).
About Our Service
We are an insurance broker and we are acting on behalf of you as our customer, however if you need to make a claim our principal Action 365 Ltd will act on behalf of the insurer. We are committed to treating your fairly in all our dealings with you and will carry out our services with the appropriate care and skill. Our service includes arranging your insurance and processing any changes that you wish to make to your insurance policy.
If you speak to us we will make a personal recommendation based on a fair and personal analysis, meaning we will examine sufficient insurance contracts, based upon cover, premiums and service, to ensure our products are suitable for your needs.
If you choose to take out, renew, amend or cancel your policy without speaking to one of our operators for example through our website or via the customer portal you will not receive advice or a recommendation from us. We may ask some questions to narrow down the selection of products that we will provide details on. You will then to decide how to proceed and whether the product is suitable for you.
To access the insurance product that most suits your needs we may use another Insurance Intermediary to help place your business.
About the Products we offer
We offer optional extras, commercial products, private car and van insurance from a range of insurers, which are listed on our website at www.freedombrokers.co.uk.
We do not guarantee the solvency of any insurer we place business with.
All Customers – You must take reasonable care to provide complete and accurate answers to the questions we ask you when you take out, make changes to or renew your policy. If you are in doubt, please contact us. Insurance is based on the information that you give to the insurer and if this information is wrong or incomplete, claims may not be paid in full or at all, your policy may be cancelled, have special terms imposed, policy voided, and the premium may not be returned.
Commercial Customers only – If you are purchasing Insurance for purposes related to your trade, business or profession: In addition to the above, you must disclose all facts material to the insurance you wish to take out. The facts you need to reveal are all those which the insurer needs to estimate your risk and set the premium and terms. You must disclose this information in a way that is clear and substantially correct.
Freedom to Drive Customers only – If you are purchasing this telematics insurance, you will have specific terms from us in this document and from your insurer relating to the activation of the Telematics Unit and use of data. Please ensure you read and understand these.
You must also inform us of any changes to your policy details during the life of your policy, including at renewal.
Please read carefully all policy documents sent to you and inform us immediately of any incorrect information shown. If you have difficulty in understanding anything, please let us know and we will assist you.
For your protection, insurers maintain databases to prevent fraud and the information you give us may be subject to checks.
Payment for Our Services (Excluding GAP)
We are remunerated by commission from your premium and paid to us by your insurer. We may also charge you a fee. Where we receive no commission, we will agree a specific fee with you before you agree to buy
We may earn commission for arranging instalments from a premium finance provider. When arranging instalments, we act as a credit broker and not a lender. We only offer instalment facilities from Premium Credit Limited.
We may earn income from claims management companies. You have the right to ask us about our earnings at any time.
In addition to the premiums charged by your insurer, we will also charge you the following fees for arranging and handling insurance products. These fees are non-refundable and are payable at the time of the transaction to which it relates too, and these are the maximum amounts that we will charge you.
|Arranging and renewing your insurance policy||£90.00|
|Amendments to your policy via the contact centre||£35.00|
|Amendments to your policy via your online portal||£15.00|
|Sending Correspondence Special Delivery||£6.50|
|Cancellation within 14 days||£45.00|
|Cancellation after 14 days||£75.00|
This fee only applies to a Freedom to Drive policy if the Telematics Unit has been dispatched but not returned within 7 days of cancellation date or the Telematics Unit is replaced as lost or damaged.
|Freedom To Drive policy:|
|Mileage or Address Amendments to your policy, by us,|
as a result of your Telematics Data.
Any fees we apply to your policy will be independent of any charges imposed by the insurer. You will be made aware of the total price that is payable, including any fees, taxes and charges before you your insurance arrangements are processed. At any point, you can request information regarding any commission which we may have received as a result of placing your insurance business or arranging your premium finance.
All quotations are provided in a real-time environment where rates can change daily, therefore rates are only guaranteed at the time the quote is obtained.
We hold your premium payment under risk transfer as agent of the insurers and we do this by paying it into an insurer premium trust account until it is passed to insurers. This is to protect your money and means that whilst your money is in the account, it cannot be used for any purpose other than paying the insurers or any brokers through whom we may have arranged your insurance. We will retain any interest earned on the account. We will retain your debit/credit card details and bank account details for automatic renewals and to pay or refund other premiums that may become due upon changes to the policy. If you do not want us to use your credit/debit card for these purposes, please contact our customer services team on the telephone number above.
Renewing your Policy
For your protection and to provide a high level of service, before the renewal of your policy, we will send you a renewal invitation, which contains information on the premium due and the details we hold. Please ensure you check the information we hold is accurate and you inform us of any changes in your circumstances as this may affect your renewal premium.
Where we have previously obtained your agreement and your policy is eligible, we will automatically renew your policy. If you are happy with your renewal quote, there may be nothing further for you to do and your credit/debit card may be automatically debited for your renewal. If you are paying for your insurance by direct debit your policy may be automatically renewed and your revised payments may be debited from the bank account details that we hold. Further information of whether your policy will be automatically renewed will be displayed on your renewal invitation, if you would prefer for your policy not to be automatically renewed please contact our customer service team on the number provided.
In the event your existing Insurer is no longer the most competitive, we may offer an alternative insurer at renewal. This should not be taken as a recommendation from us.
Cancellation of Insurances
You should make any request for cancellation either verbally or in writing. If your policy is cancelled within 14 days from the latter of either the start date of the policy or the date you receive your documents, we will charge up to £45.00 to cover the administration of your policy. If your policy is cancelled after the 14 day period an administration charge of up to £75.00 will apply. If your policy is cancelled and you or someone else had made a claim under your policy, you must pay the rest of your premium including any outstanding payments under your credit agreement.
If you have a Freedom To Drive telematics policy, there will be an additional charge when your policy is cancelled of £40.00, if the telematics unit has been dispatched to you but not returned within 7 days of the cancellation date. If you have purchased insurance for purely non-Commercial reasons the following applies:
Cancellation within the “cooling off” period (Excluding GAP)
All consumers have the statutory right to cancel within 14 days of inception, renewal or upon receipt of the policy documentation, whichever is the later and provided there have been no claims. Any policy documentation and in particular any legal document, for example a certificate of insurance, should be returned to us with your written instruction to cancel.
You will only be charged for the period of cover you have had by the insurer plus any administration fee they may charge. We will also make a cancellation charge of £ 45.00. If you cancel your insurance prior to the commencement date of the insurance, a full refund of any monies paid will be provided.
If you have a Freedom To Drive telematics policy, there will be an additional charge when your policy is cancelled of £40.00, if the telematics unit has been dispatched to you but not returned within 7 days of the cancellation date.
Please note, this right to cancel within 14 days may also apply if you are a commercial customer. We will inform you of this before you purchase a policy.
Cancellation after the “cooling off” period (Excluding GAP)
After 14 days, any right to cancel will be in accordance with the terms of your policy.
Please note after the 14-day period we do not provide a refund against any additional products you may have purchased. You will be required to pay debit balances. If you fail to settle a debit balance promptly, we will then use any credit/debit card details you have previously authorised us to use. We reserve the right to cancel your insurance policy in the event of your insurance premium not being paid up in full, this includes any default on an instalment plan.
You will only be charged for the period of cover you have had by the insurer plus any administration fee they may charge. We will also make a cancellation charge of £75.00. If you cancel your insurance prior to the commencement date of the insurance, a full refund of any monies paid will be provided.
If you have a Freedom To Drive telematics policy, there will be an additional charge when your policy cancelled of £40.00, if the telematics unit has been dispatched to you but not returned within 7 days of the cancellation date.
In circumstances where we feel that we cannot continue providing services to you, we will give you a minimum of 7 days-notice. You may also cancel your policy at any time. In both circumstances you will be required to pay for any transactions concluded prior to the end of our relationship. We will be entitled to retain commission and any discounts that applied when we arranged your insurance, together with all fees charged by us for services provided.
GAP Insurance Cancellation
Cancellation within the “cooling off” period
All consumers have the statutory right to cancel within 30 days of inception (14 days for Total Loss Protect) or upon receipt of the policy documentation, whichever is the later and provided there have been no claims. Any policy documentation should be returned to us with your written instruction to cancel. A full refund of any monies paid will be provided.
Cancellation after the “cooling off” period
After 30 days (14 days Total Loss Protect) you may cancel this insurance, but no refund of premium is available. You will however be liable for any unpaid premiums.
Freedom To Drive – Telematics Policy
This insurance requires a Telematics Unit to be activated in your car for the duration of the policy.
The Telematics Unit is a small device or a Smartphone App that we will send you and you will be able to install and set up. You may need to plug a device into your 12v charging port, into your OBD port (On-board diagnostic port), stick on to your window or download a Smartphone App. Whichever Telematics Unit we send to you, it will include clear instructions on how to set it up and this should take no more than 5-10 minutes.
We are the owner of the Telematics Unit and it is leased to you for the period of your insurance. You must activate the Telematics Unit within a week of purchasing the policy or changing your car. If you fail to do this, we will treat this as a cancellation request and cancel your policy with seven days’ notice, in writing, with a cancellation fee.
You must have an active Telematics Unit in your car during the policy term. If you fail to do this, we will treat this as a cancellation request and cancel your policy with seven days’ notice, in writing, with a cancellation fee.
If for any reason an available Telematics Unit is incompatible with your car, we will need to cancel your policy with seven days’ notice in writing. You will not be charged a cancellation fee by us.
If you cancel your policy during the policy term, or do not renew, you may be asked to return the Telematics Unit to us. If you do not return the Telematics Unit to us within 7 days of cancellation you will be charged a Telematics Fee of £40.00.
If you lose or damage the Telematics Unit and we need to replace it, you will be charged a Telematics Fee of £40.00.
Once your Telematics Unit is installed and activated in your car, you and any named drivers on your policy can drive as you normally would. The Telematics Unit sends us regular information, “Telematics Data”, which allows us to understand how your car is being driven, the distance it is travelling, when it is being driven and where it is parked.
We will use this information to:
- review the mileage on your policy and check it is an accurate reflection of the miles you are travelling. This may result in the mileage stated on your policy being adjusted, up or down, to reflect the mileage you have driven. You will be given 7 days’ notice of any adjustment and will be charged an amendment fee of £15.00.
- review the location of the insured vehicle on the policy and check is it an accurate reflection of where the vehicle is being parked. This may result in the adjustment or cancellation of the policy. You will be given 7 days’ notice of any adjustment or cancellation. Any adjustment or cancellation will have applicable fees.
- interpret how safely the insured vehicle is being driven and turn this into a driving behaviour score and extreme event notifications.
- the driving behaviour score and extreme event notifications may be used to provide tips on how to improve your driving, issue 7-day cancellation notifications, or provide discounts at renewal.
- in the event of a claim, we, your insurer and Action365 Ltd, will also use your driving data at or around the time of the accident to ensure the insured vehicle was being driven in accordance with your policy terms and conditions
Driving Behaviour Score and Extreme Event Notifications
Some factors we use to interpret how safely the insured vehicle is being driven are; speed, harsh driving and late-night driving;
- Speeding – frequently driving above the speed limit increases the likelihood of you having an accident. Driving not only in accordance with the speed limits but also at a speed appropriate for the road and conditions is the safest approach.
- Excessive speeding – we don’t believe there is any reason to be driving at excessive speeds such as 90mph on a 60-mph speed limit road, or over 100 mph on any road type. These types of excessive speeds will trigger and extreme event notification, may lead to cancellation of your policy with 7 days’ notice.
- Harsh driving – accelerating and braking harshly or suddenly gives other road users less time to react to your movements and also tends to use more fuel. Anticipating your next move and driving smoothly improves your road safety and your fuel bill too!
- Late night driving – driving in the late evening through to the early hours is the riskiest time to be on the road. Statistically this is when the most serious accidents occur.
Debt Collection Procedure
In the event your policy is cancelled and there are unpaid monies, we may withhold any relevant documents until full payment is made and we reserve the right to refer the matter to a debt recovery agency to collect any monies owed to us. This may result in additional costs, which you will be notified of in advance. If you fail to settle a debit balance promptly, we will use any credit/debit card details you have previously authorised us to use to collect the balance before referring the matter to a debt recovery agency.
Conflicts of Interest
Occasions can arise where we or one of our associated companies, clients or product providers may have a potential conflict of interest with business being transacted for you. If this happens, and we become aware that a potential conflict exists that can’t be managed by our procedures, we will write to you and obtain your consent before we carry out your instructions and we will detail the steps we will take to ensure fair treatment.
Action 365 Ltd and Pukka Insure Limited have close links with us, either by direct financial holding or through common or shared directors. We are members of the same group of companies.
Claims Handling Arrangements
All claims enquiries are handled by Action 365 Ltd Eden Point, Three Acres Lane, Cheadle Hulme, Cheshire, SK8 6RL. To notify us of a new claim call 0800 1300 442. Please familiarise yourself with the claims procedures in the event of a claim, which will be explained in the policy documentation and please be aware that insurers require immediate notification of a claim or circumstances which might lead to a claim.
No Claims Discount
If you have informed us that you are entitled to No Claims Bonus, but this is not validated with the relevant proof, your policy may be subject to an additional premium, it may be cancelled or be made null and void from the inception date of your policy.
Sharing Information to prevent fraud
We may share information which we hold, and which has been supplied to us in relation to any application for insurance using public and personal data from a variety of sources, including a credit reference agency, the Claims and Underwriting Exchange register and other similar databases. The purpose is to help us check the information that is given to us and to prevent fraud. This search may appear on your credit report whether your application proceeds or not. To support your application, we may ask for additional documentation as proof of your identity. Failure to provide the requested information will result in the cancellation or voidance of your policy. We reserve the right to retain your insurance documents until the information you have provided has been verified.
Insurers, other intermediaries or premium finance companies may use public and personal data from a variety of sources including credit reference agencies and other organisations. The information is used to ensure that we obtain the most competitive quotation and renewal premium, to ascertain the most appropriate payment options for you and to help prevent fraud. A copy of this search will be left on your credit report, whether or not your application proceeds, but this will not affect your credit rating in any way.
Freedom Brokers Ltd aim to provide you with the highest standards of service, however, there may be an occasion when you feel you have cause for complaint. If this is the case, please be assured our staff will do all they possibly can to resolve the problem and ensure you receive a prompt and fair response to your complaint.
We have a formal complaint handling procedure in place.
Our promise to you
Our complaints procedure is designed to ensure that each complaint is dealt with fairly and to your satisfaction. We aim to acknowledgement your complaint within 5 working days of your complaint being received. We are committed to resolving your complaint whenever possible through our complaint’s procedure, however, if our investigations have not been completed within 8 weeks, we will outline our findings to you in writing and explain why we are unable to resolve your complaint, as well as highlighting your right to refer your complaint to the Financial Ombudsman Service.
Should you wish to discuss any concerns you may have, please telephone us on 03332 205445, or alternatively, email us at firstname.lastname@example.org.
The Financial Ombudsman Service can investigate complaints up to six years from the date of the problem happening or within three years of when you found out about the problem. If you wish to refer your complaint to the Financial Ombudsman Service, this must be done within six months of our final response to your complaint. If you would like more information about the Financial Ombudsman Service, their contact details are as follows:
Call 0800 023 4567 or 0300 123 9123 between 8.00am to 8.00pm.
You can also text on 07860027586 and a call back will be arranged.
The Financial Ombudsman Service
We are covered by the FSCS. You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim and further information about compensation scheme arrangements is available from the FSCS.