fbpx

Terms of Business

SmartWater Insurance Services is a trading name of NDM Insurance Brokers Limited.

NDM Insurance Brokers Limited is an Appointed Representative of Momentum Broker Solutions Limited who are authorised and regulated by the Financial Conduct Authority (FCA).

Our Service

We have not provided any advice with regard to your insurance selection.  You must satisfy yourself that the policy and cover you have selected will be suitable for your needs.

We can act both as agent of insurer, and on behalf of you, the customer.  We have in place management controls to deal with any conflicts of interest that might arise.  Unless we advise you otherwise, we are acting on your behalf.

Law and Language

This Terms of Business is subject to English Law and the jurisdiction of the English Courts.  We will use the English language for all communications, the contractual terms and conditions, and any information we are required to supply to you, before and during the duration of the contract.

Acceptance

The purpose of this agreement is to set out our professional relationship and detail the services we will provide to you.  For your own benefit and protection, you should read all of the information carefully and in particular, we would like to draw your attention to the “IMPORTANT INFORMATION” section.  If you do not agree to or understand any part of the information, please tell us.  We assume that you accept the terms of this agreement unless we hear from you.

The Regulator

The Financial Conduct Authority (FCA) is an independent watchdog that regulates financial services.

SmartWater Insurance Services is a trading name of NDM Insurance Brokers Limited.  NDM Insurance Brokers Limited is an Appointed Representative of Momentum Broker Solutions Limited who are authorised and regulated by the Financial Conduct Authority (FCA).  Momentum Broker Solutions Limited is permitted to arrange, advise on, deal as an agent of insurers and assist in claims handling with respect to of all types of General Insurance policies.  You can check these details on the FCA’s Register by visiting the FCA’s website https://register.fca.org.uk/or by contacting the FCA on 0800 111 6768 .

Confidentiality

We will exchange the information that you provide to us with insurance companies and other brokers or agents for the purposes of obtaining quotations and arranging cover, this may result in a credit check to confirm your identity and minimise the risk of fraud.  We will treat all information as private and confidential, and in strict accordance with the General Data Protection Regulations (GDPR), even when you are no longer a customer and we only share information if we are required to do so by law, or regulation.

General Data Protection Legislation

We will process your data responsibly, fairly and in strict accordance with the General Data Protection Regulations (GDPR) effective 25th May 2018. These regulations replace the Data Protection Act 1998 (DPA) and require wider disclosure of compliance than the previous DPA, including (but not limited to):

  • a) Our lawful bases of processing;

  • b) The information we collect, and how we use and share that information;

  • c) How long we keep information, including the purposes (e.g. administer your policy);

  • d) The technical and organisational measures we have in place to safeguard your information;

  • e) Your rights as an individual data subject; and

  • f) Our approach to marketing

As with many organisations, and to ensure Customers can easily access details on the areas listed above, we have developed a separate Privacy Notice. This can be found on the terms page of our website or alternatively you can obtain a copy by writing to us.

It is vitally important to take time to read this document carefully as it contains full details of the basis on which we will process data such as collecting, using, sharing, transferring and storing your information.

It is also your obligation to ensure you show this notice to all parties related to any insurance arrangement. If you have given us information about someone else, you are deemed to have their permission to do so.

If you have any questions, including requesting a copy of the privacy notice, or any further information about our approach to the GDPR you can e-mail info@momentumsolutions.co.uk or write to our Compliance Department, Press House, Narborough Wood Park, Desford Road, Enderby, Leicester. LE19 4XT.

Financial Strength

Whilst we select our insurers carefully, we cannot guarantee their financial strength.

Our Fees, Commission and Charges

We will receive a commission from the insurance provider with whom we place your business, and in such a case, the commission will be paid to us either when we are in receipt of cleared funds from you (or the premium finance company, if one has been used) or, when the insurer has received cleared funds from us in respect of the premium due under your policy. 

In addition, we will charge you a fee for arranging your insurance as follows:

  • a) Arranging or renewing a policy £35.00. 

  • b) Mid-term amendments - £35.00 

You are entitled to request information about the commissions that we may have received in connection with your insurance, if you want this information you should contact us.

Payment Options

Your payment will be made directly to the Principal firm; Momentum Broker Solutions Limited.  We cannot accept cash payments. 

Our Selection

We offer products from a single insurer.

Complaints

Our aim is always to provide our customers with a first-class service; however, we are aware that, occasionally, it is possible that we may fail to meet your expectations.  If for any reason we have not met your expectations, let us know as soon as possible, by calling our main office telephone 0116 2388880, or writing to The Complaints Manager, Momentum Broker Solutions Limited, Press House, Narborough Wood Park, Desford Road, Enderby, Leicester LE19 4XT or email info@momentumsolutions.co.uk.

If we are unable to resolve your concerns within 3 working days, we will continue to investigate the matter. We will formally acknowledge the complaint lodged with us, detailing our understanding of your concerns and send you a copy of our complaints process to help you understand the next steps in the complaints process as well as the right to refer such concerns to the Financial Ombudsman Service (FOS) for an independent assessment and opinion. Our aim is to keep you regularly informed about the investigation and give you a final response no later than 8 weeks. If you are not happy with our final response, or the position after a period of 8 weeks, we will tell you about your eligibility to refer the complaint to the Financial Ombudsman Service

The FOS Consumer Helpline is on 0800 023 4567 (free for people phoning from a "fixed line" (for example, a landline at home) or 0300 123 9123 (free for mobile-phone users paying monthly charge for calls to No’s starting 01 or 02).  Alternatively, you can contact them at Financial Ombudsman Service, Exchange Tower, Harbour Exchange Square, London, E14 9SR. www.financial-ombudsman.org.uk.  A full copy of our complaints procedure is available on request.

Financial Services Compensation Scheme (FSCS)

If we are unable to meet our obligations, you may be entitled to compensation from the FSCS.  If we have advised or arranged insurance for you this will be covered for 90% of a claim, without any upper limit, however claims under compulsory insurance, professional indemnity insurance and certain claims for injury, sickness or infirmity of the policyholder are protected at 100%.  Further information is available from the FSCS helpline on 0800 678 1100 or 020 7741 4100 and www.fscs.org.uk.

The FSCS is the UK’s statutory fund of last resort for customers of authorised financial services firms.  Compensation is usually payable if an authorised firm is unable or unlikely to pay claims usually because it has ceased trading or become insolvent

Renewals

Once we have arranged a policy to which you have agreed, the placement of that policy will not automatically be reviewed at each renewal unless you request it and/or we deem it necessary.  Whilst we will make every effort to contact you prior to renewal to obtain your instructions, if for whatever reason we are not in receipt of your instructions by your renewal date, in order to protect your position, we may at our absolute discretion renew your policy on the basis of our recommendation.  Such renewal will be based on the information you have already provided to us, and you should therefore advise us of any changes. However, we reserve the right not to renew your policy if we do not receive your instructions by the renewal date, and we will not be held liable for any loss you may suffer if you fail to provide the necessary instructions in sufficient time before renewal.

Cancellation

Please contact us if you wish to cancel any policy that we have arranged for you.  You can cancel your policies for any reason, subject to no claims having occurred, within 14 days of receiving the full terms & conditions. A charge may apply for the period of cover provided and, in addition, an administration charge will apply as shown in the charges section above, cancellation under this right must be in writing, prior to expiry of the 14-day cancellation period, to our usual office address.

Limit of Liability

This clause restricts the amount that may be recoverable as a result of our negligence.  Other than injury or death of any person (that no cap on liability will apply), our liability to you for the services we provide shall not exceed £2,000,000 in connection with any one event or connected events.

Money

Momentum will hold your money in accordance with the regulators rules or under a risk transfer agreement with insurers.  Momentum will hold your money in a non-statutory trust client bank account that allows them to use the money held in trust on behalf of one customer to pay another customer premium before they receive it from that customer and to pay premium refunds or claims before they receive payment from Insurance Companies.  This is a standard practice within the Insurance Industry and they cannot use your money for any other purpose.  They do not pay any interest on premiums held by them in the course of arranging and administering your insurance.  Unless you tell us otherwise, you are consenting to them holding your money in this way.

By holding your money in this way, should Momentum become insolvent your money remains protected.  Client money may be held in designated investments and Momentum will keep any investment returns earned.  In arranging your insurance, we may employ the services of other intermediaries who are regulated by the FCA and your premium may be passed to these intermediaries for payment to insurers.  These firms are also required to hold clients’ money in a separate trust account.  We will also inform you if at any time we are required to pass your premium to firms that operate outside the UK where the protection may be different.  If you do not wish us to pass premiums to a firm outside of the UK, please inform us.

Insurance Premium Tax (IPT)

Your premium detailed in the policy will include IPT at the prevailing rate.  Should the rate of IPT be amended by the Government, your premium will be amended by the insurer to reflect the change.  Some polices are subject to Value Added Tax (VAT) not IPT and should the rate of VAT be amended by the Government, your premium will be amended by the insurer to reflect the change.

IMPORTANT INFORMATION

COMMERCIAL CUSTOMERS (or where the main purpose of a policy is not for private use)

IT IS IMPORTANT THAT YOU UNDERSTAND YOUR DUTY TO DISCLOSE ALL FACTS KNOWN TO YOU, OR WHICH OUGHT TO BE KNOWN TO YOU, WHICH MAY INFLUENCE AN INSURER’S DECISION IN CONNECTION WITH THE RISK.

THIS DUTY TO PROVIDE A FAIR REPRESENTATION OF THE RISK APPLIES NOT ONLY WHEN YOU TAKE OUT YOUR INSURANCE, BUT ALSO THROUGHOUT THE LIFE OF YOUR ARRANGEMENT, AT THE ANNUAL RENEWAL OR AT ANY OTHER TIME WHEN CHANGES OCCUR.

All answers or statements given on a proposal form, claim form or other document relevant to your insurances will be your responsibility and you should always check the accuracy of the information you provide to us and/ or insurers.

Any information that could influence an insurer’s decision to accept your risk should be disclosed including details relating to your previous insurance.  For example, details of insurance claims that you have made or reported, ways in which your business activities differ from your peers, personal information about you or any other directors, such as Criminal Convictions (you have a duty to give this information even when the insurance relates to a business and not you).  General information about the risk, such as the construction of a building, (for example, concrete floor, timber frame with brick, stone, and a slate roof).  If you are not sure how much information to provide or do not understand the question please ask.

This reason this is extremely important is that if you fail to tell us something, your policy could leave you with no insurance protection; insurers may not pay any claims in full and may even cancel your policy.  You may find it difficult to re-arrange cover because you did not tell an insurer everything, and you will have to disclose this fact when you reapply for insurance. 

When a policy is issued, you must check this carefully to confirm that this meets your needs.  If you are in any doubt over any of the policy terms and conditions please seek our advice promptly. 

WARNING - Warranties or Conditions

Your policy may contain a number of WARRANTIES and CONDITIONS.  An insurance warranty is not a good thing, it does not mean that it is a guarantee of something; it typically means that you must comply with certain terms in order that your insurance protection remains operative.

You must comply strictly and in full with these or insurers could reduce or reject a claim and/or cancel your cover.

It is important that you look out for these and if you have any doubt about a particular statement, please ask us for advice.  If you need any assistance in understanding or complying with any warranties and/or policy conditions then please let us know urgently.

FAILURE TO COMPLY MAY LEAVE YOU WITH COVER CANCELLED AND/OR A CLAIM NOT PAID.

SmartWater Insurance Services is a trading name of NDM Insurance Brokers Limited. NDM Insurance Brokers Limited is an Appointed Representative of Momentum Broker Solutions Limited who are authorised and regulated by the Financial Conduct Authority (FCA), firm registration number 526435.
NDM Insurance Brokers Limited - Kingsland House, Stafford Park 1, Telford, Shropshire, TF3 3BD. Registered in England - Company Number: 10025669

® SmartWater, the SmartWater yellow, the SmartWater atom logos, Thieves Beware and Insure Mark It Keep It are trademarks of SmartWater Ltd.
SmartWater is a proprietary forensic asset marking System and Strategy protected by worldwide trademarks and patents.

Momentum Broker Solutions is a limited company registered in England & Wales No 07267159
Press House, Narborough Wood Park, Desford Road, Enderby, Leicester, LE19 4XT
Phone: 0116 2388 880 | Email: info@momentumsolutions.co.uk

©2019 SmartWater Insurance / NDM Insurance | Website crafted and maintained by NDM Creative