1.1 These Terms and Conditions of Business (Terms of Business) together with any separate written agreement (Agreement) we send to you are intended to set out clearly for you the basis upon which we agree to provide Services to you following our receipt of your instruction. These Terms of Business also contain details of our statutory and regulatory responsibilities as well as your contractual obligations under any Agreement with us.
1.2 These Terms of Business shall supersede and replace any prior terms of business agreement which we may previously have entered into with you. This includes any other terms and conditions stipulated or incorporated by you in your instructions or any negotiations unless expressly agreed in writing between us. They may only be disapplied, varied, or supplemented by virtue of an express agreement in writing between us such as a letter or email where we expressly say these Terms or Business are varied. If we have an express agreement in writing with you and there is a conflict between it and these Terms of Business, then the terms of that other express agreement in writing shall be effective.
1.3 We strongly encourage you to read and consider these Terms of Business carefully. Please inform us if there is anything within these Terms of Business that you do not understand. If you continue to instruct us after we have provided you with either a copy of these Terms of Business or a website link to these Terms of Business, you shall be deemed to have understood and accepted these Terms of Business.
2.1 We reserve the right to vary these Terms of Business from time to time, including during the course of provision of services without your prior consent. The main reasons we might make changes are (i) to respond to changes in our services or industry practices; (ii) to incorporate any legal or regulatory changes; or (iii) to improve the clarity and transparency of this agreement. Occasionally, other reasons may prompt us to update these Terms of Business.
2.2 If we have made any material change to these Terms of Business, we shall make reasonable efforts to inform you of such changes before your policy is due to renew.
2.3 You will be bound by any revision of the Terms of Business upon publication on our website at https://www.islands.insure/about-us/terms-business/. You may request a copy of the latest Terms of Business at any time.
3.1 In these Terms of Business and in any Agreement (unless the context otherwise requires) the following words and expressions shall have the following meanings:
|Insurer or Insurers||means any insurance provider with whom we engage on your behalf and with whom you have entered into an insurance agreement.|
|Regulations||all laws, regulations, rules, requirements, codes of practice, handbooks, policies, practices and guidelines and any request or requirement of any (or any quasi) governmental, administrative, judicial or regulatory body or person (in each case, in any applicable jurisdiction(s)) which are applicable to Islands, you or any other party relevant to any Agreement.|
|Service or Services||all services provided to, carried out or performed for or on your behalf as are more particularly set out in an Agreement.|
|Terms of Business||these terms and conditions as amended and in force from time to time.|
|Islands, we, our or us||includes Islands Insurance and Touzel & Islands Insurance as the registered business names in Jersey of M J Touzel (Insurance Brokers) Ltd.|
|You or your||means you, our client on record, in relation to any Agreement to provide Services.|
4.1 Islands Insurance and Touzel & Islands Insurance are registered business names in Jersey of M J Touzel (Insurance Brokers) Ltd, a company registered in Jersey (Jersey Company No. 2589), having its registered office at Kingsgate House, 55 the Esplanade, St Helier, Jersey JE1 4HQ and regulated by the Jersey Financial Services Commission under the Financial Services (Jersey) Law 1998 for General Insurance Mediation Business (Reference: GIMB0046).
4.2 Our ultimate parent company is National Farmers Union Mutual Insurance Society Limited (NFU Mutual), a company registered in England and Wales (Company No. 00111982), having its registered office at Tiddington Road, Stratford- Upon-Avon, Warwickshire, CV37 7BJ and which is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.
5.1 As an insurance intermediary, our Services include providing you with advice in respect of your insurance needs and arranging your insurance cover in order to meet your requirements. We can also assist you in making changes to your insurance arrangements and will take all reasonable steps to notify you when those insurance policies held by you are due for renewal. As part of our service we can also assist you with any claim you need to make.
5.2 In finding and arranging your insurance we deal with a number of Insurers including NFU Mutual (see paragraph 4.2 of these Terms of Business). When arriving at our recommendations we may either conduct a market analysis of potential Insurers or we may only consider a specific product from a single Insurer, or a product from a panel of Insurers. Details of such Insurers will be advised to you when we discuss your individual requirements, prior to your commitment to proceed.
5.3 In certain circumstances we may act for your Insurer, for example where we have delegated authority for claims or underwriting. In cases where we are acting on behalf of the Insurer we will be acting as their agent. Please see paragraph 15 headed Conflicts of Interest for more details of how we manage these arrangements
Market Security and other Insurance Intermediaries
5.4 Prior to presenting any recommendations or proposals to you, we assess the financial soundness of the potential Insurers and relevant markets. We do this using publicly available information which includes information produced by recognised rating agencies. In no circumstances shall we act as the Insurer nor can we guarantee the financial credibility or soundness of any Insurer or market. We do not accept any responsibility for loss incurred by you as a result of the financial difficulties, insolvency or the like to which your chosen Insurer may become subject. The decision regarding the suitability of any Insurer or market rests with you and you alone. If you have any concerns regarding any Insurers chosen for your insurance requirements we will be happy to discuss them with you.
5.5 If your insurance cover is placed via another insurance intermediary located outside Jersey, your premium (insurance money) may be passed to that intermediary and will be subject to a legal and regulatory regime that is different from that of Jersey. In the event of the failure of the insurance intermediary, your premium (insurance money) may be treated differently than it would be if it were held by an insurance intermediary in Jersey.
5.6 In conducting our business as a regulated insurance intermediary, we are obliged to abide by all applicable Regulations whether issued by the Jersey Financial Services Commission or any other relevant competent authority.
6.1 Your insurance is based upon the information provided to the Insurer.
6.2 These are policies taken out for personal use and not in connection with your trade, business or profession. You must take care to answer all questions honestly and not to make any misrepresentation. If you are unsure how to answer any questions, please contact us. If you provide details that are untrue, inaccurate, misleading or incomplete this may result in the Insurer refusing to pay a claim, altering the terms of your policy, reducing the amount paid for your claim or an increase in premium.
6.3 These are policies taken out in connection with your business, trade or profession. You have a duty to make a fair presentation of the risk to an Insurer which discloses every material circumstance which you know, or ought to know, relating to the risk to be insured. This includes information known by your senior management and/or any persons ordinarily responsible for arranging insurance as well as information which would reasonably have been obtainable by virtue of a reasonable search of the information and resources available to you.
6.4 Information is material if it would influence the judgement of a prudent Insurer in deciding whether to provide insurance for the risk and if so on what terms. Your disclosure must be clear and accessible to a prudent Insurer or underwriter, substantially correct and made in good faith. This duty of disclosure will generally apply to Non Consumer Policies in England, Wales, Scotland and Northern Ireland and to Non Consumer Policies governed by English law.
6.5 Failure to comply with this duty of fair presentation could mean that your insurance is void or that Insurers are not liable to pay all or part of your claims.
6.6 The duty to disclose information continues during the whole life of the policy and also at renewal. You must make sure you inform your Insurer of any changes affecting your insurance. Relevant information includes providing the Insurer with notice of any changes to your current address or contact information.
6.7 Where you are required to complete and sign them you are responsible for all answers or statements on proposal forms, claim forms or other material documents and you should ensure these are full and accurate. If you are aware of anything that you feel would be material to the proposed policy or insurance or claim you should disclose it. If you are uncertain as to the relevance or significance of a particular piece of information for the purposes of your insurance, we recommend that you let us know and we shall be happy to discuss this with you.
6.8 You shall not instruct us to provide any services which would induce us to cause or facilitate a breach of any applicable Regulations, including (but not limited to): bribery; anti-corruption; anti-money laundering; or data protection laws.
6.9 You shall adhere to any such conditions of payment as are agreed under the terms of any insurance policy. Premiums are typically payable on or prior to the commencement date of any policy, unless otherwise specified under the policy terms. Failure to comply with the agreed conditions of payment may result in the cancellation of your policy. Should we be required under the terms of any policy to settle any outstanding payment obligations of yours on your behalf, in all such cases we shall retain the right to recover the relevant sum(s) from you.
7.1 Before you buy or renew your policy, you will be issued with written terms and conditions pertaining to the particular policy.
7.2 Typically, you will receive a written summary of the main terms of the chosen policy together with a policy document or insurance certificate which will set out fully and comprehensively the terms of your insurance policy and your obligations under it.
7.3 You should read and consider all relevant documentation carefully and notify us if you have any concerns. If you wish to amend any of the terms of the policy documentation, please set out your proposed amendments to us in writing, together with any additional previously undisclosed information which you feel may be relevant to your proposed amendment.
7.4 Upon receipt of your proposal, we shall engage with the Insurer to negotiate the desired amendment on your behalf. We will inform you in writing if your proposal is agreed to by the Insurer or otherwise.
8.1 Our remuneration for the provision of our Services shall typically derive either from:
(a) a fee agreed with you in advance of you entering into any Agreement with us; or
(b) commission, calculated as a percentage of the total annual insurance premium payable by you under any insurance policy, the commission being paid to us by the Insurer.
(c) We may also receive payments from Insurers under a profit commission or profit sharing arrangement.
(d) We may also earn income from Insurers or other sources in other ways. For example, we may receive income from Insurers for ancillary services provided solely on their behalf.
8.2 In addition to any fixed fee or commission, it is our practice to make certain administration and other charges in particular cases, which are not refundable.
8.3 Where any fees or charges are anticipated, these shall be declared to you in advance of them being incurred, together with details of the services to which the fees or charges shall relate.
8.4 In circumstances where your policy of insurance has been terminated and your Insurer has returned pro-rated net premium to you, we shall be entitled to retain and deduct any commission from the net premium once received which would have been payable to us had the policy remained in place for the full period of contract as originally agreed.
8.5 Should you decide to terminate your Agreement with us such that we are to cease to act in relation to any ongoing insurance policy which we had previously arranged on your behalf and which has not expired, we shall be entitled to any outstanding commission which would have been due to us had we continued to act on your behalf in relation to such policy for the full period of contract as originally agreed. In such circumstances you shall agree to instruct any replacement Insurance Broker appointed to administer such policy in our place, to collect and remit the relevant commission to us without undue delay.
8.6 A summary of our current standard charges is set out below. Please be aware that the below charges, where applicable, are payable to us over and above the premium charged by the Insurer.
|Reason for Charge||Maximum Charge|
|New policy or renewal of existing policy||£50 or up to 15% of annual premium|
|Mid-term policy adjustment||£50|
|Mid-term cancellation of our Agreement*||£50|
|Duplicate/replacement covernote or certificate||£50|
|Duplicate windscreen disc||£50|
|Premium Instalments Plan Service||6% of annual premium|
*plus retention of the full annual commission (see paragraph 8.5 of these Terms of Business)
8.7 In the course of your Agreement with us, other charges may become payable. Again, where any likely changes are identified or anticipated, these shall be declared to you in advance of them being incurred.
9.1 Any client monies held in relation to General Insurance premiums are held in a separate specific Insurance Broking Account on behalf of the Insurer.
9.2 Any bank interest earned on your premium (insurance money), while it is held in our Insurance Broking Account, will be retained by us.
10.1 Either party may terminate an Agreement between us by giving not less than 30 days’ notice in writing to the other.
10.2 Notwithstanding the above, in circumstances where we reasonably believe that continuing to act on your behalf would result in us committing a breach of any laws, regulations or professional codes of practice, then we reserve the right to terminate any Agreement with you with immediate effect and shall not be responsible for any direct or indirect loss incurred by you or any third party as a result of our termination of such Agreement.
11.1 The terms of your insurance policy contract include the right for you to cancel your policy. Where this is the case and it is your intention to cancel your policy then please let us know and we shall take the necessary steps to effect the cancellation on your behalf.
11.2 The terms of your policy will dictate the extent to which you are entitled to a refund of premium from the Insurer in the event of your cancellation. Some policies do not permit any refund of premium if the policy is cancelled during the period of insurance or may be subject to a specific minimum retained premium. We will draw this to your attention if your policy has such a condition.
11.3 If you are paying your premium via the Islands instalment scheme and you cancel your policy during the period, you agree that you will pay the outstanding balance to us where your Insurer does not allow a pro-rata refund of premium.
12.1 No party shall transfer nor assign any rights or obligations under any Agreement to any third party whether in whole or in part without the prior written consent of the other, such consent not being unreasonably withheld or delayed.
13.1 We always aim to provide you with a high level of service and we welcome feedback on your experience of the service you receive from us. If for any reason you are unhappy with the level of service received, please:
(a) Write to The Manager, Islands’ Insurance, Kingsgate House, 55 the Esplanade, St Helier, Jersey JE1 4HQ; or
(b) Telephone the person you have been dealing with at Islands, or call us on the following numbers. Jersey (01534) 835 383; or
(c) Email the person you have been dealing with at Islands
13.2 Upon receipt, your complaint shall be dealt with in accordance with Islands’ internal complaints procedure as follows:
(a) Your complaint will be acknowledged within 5 business days.
(b) Wherever possible your complaint will be dealt with within 20 business days (14 days for business placed in the Lloyds market in London) and if compensation or redress is felt appropriate details of this will be provided. If it is felt that your complaint is not justified you will be provided with full reasons for this decision. If it is not possible to respond to your complaint within 20 business days (14 days for Lloyd’s business) you will be advised of the reasons in writing and given a note of when you may expect a final response.
13.3 Having received our final response and proposed course of action, if your complaint has not been resolved to your satisfaction you may be able to refer the matter to an independent third party Ombudsman.
13.4 Where your complaint relates to any of the Services provided to you by us, such as in respect of our procedures or conduct surrounding the arrangement and administration of your insurance, or regarding the suitability of a particular policy recommended to you by us, then you can progress your complaint by contacting the Channel Islands Financial Ombudsman (CIFO). You can contact CIFO at PO Box 114, Jersey, JE4 9QG, by phone on (01534) 748610 (Jersey) or (01481) 722218 (Guernsey), by email at firstname.lastname@example.org or online at www.ci-fo.org. You must contact CIFO within six months of receiving our final written decision in response to your complaint or they may not be able to review your complaint.
13.5 Please be aware that other complaints procedures or dispute resolution processes may be applicable depending upon the particular policy of insurance to which the complaint relates and the territory or jurisdiction in which the Insurer is located. You can be assured that when issuing you with our final decision letter at the completion of our internal procedure described above, we shall confirm how to contact the Ombudsman with whom you can progress your complaint, should you wish to do so.
14.2 On occasion we may update the terms of our Privacy Notice which may alter the manner in which your data is collected, handled and used by us. We recommend that you review our Privacy Notice periodically and that you notify us should you wish to discuss any changes thereto.
14.3 On occasions we may accept instructions from someone other than the policyholder if we feel that by not doing so we will prejudice the interests of the policyholder. On such occasions we will always seek to receive confirmation of these instructions from the policyholder.
14.4 All telephone conversations may be recorded for legal, training or quality purposes.
15.1 We will always endeavour to treat you fairly and avoid any conflicts of interest during the course of providing Services to you under an Agreement.
15.2 Occasionally, although never intended, circumstances may arise where our duty to act in your best interests may conflict with a corresponding duty to act in the best interests of another of our clients or another of our group companies, for example, where we are acting under a delegated underwriting or delegated claims authority as agent for your Insurer.
15.3 Where the insurance product meets your requirements, we may arrange insurance for you through our parent company, NFU Mutual. In these instances, we will ensure that our relationship with NFU Mutual does not conflict with our duty to you.
15.4 We follow strict internal conflict management policies and procedures which are in place to ensure that any conflict of interest which may arise shall not prejudice your interests in any way.
15.5 Should circumstances dictate that we cannot ensure that a prevailing conflict of interest will not prejudice your interests, we will take reasonable steps to notify you of the circumstances and discuss your options with you.
16.1 Please read the following information carefully as we include some limits and exclusions of our liability to you.
16.2 These terms do not exclude our liability to you in any way for personal injury or death caused by our negligence, fraud or fraudulent statements made by one of our employees or agents for or any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.
16.3 In addition, we are only liable for losses which are a foreseeable consequence of us breaking this contract. Losses are foreseeable where they could be contemplated by you and us at the time your information is shared with us. We will not be held responsible for any indirect losses which happen as a side effect of the main loss or damage which you suffer and which are not foreseeable by you and us at the time we enter into this contract, including, but not limited to: loss of income or revenue; loss of business; loss of data; loss of profits or contracts; loss of anticipated savings or waste of management or office time however arising, provided that this provision will not prevent you from bringing claims against us for loss of or damage to your physical property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
16.4 In no circumstance will we be responsible for any losses which arise in connection with an event or series of events which is/are outside of our reasonable control.
16.5 You acknowledge and agree not to make any claim personally against any employee, director or officer arising out of the work and services provided under these Terms of Business. This clause does not in any way limit or affect our liability to you as set out above.
16.6 To the extent permissible under Regulations, the aggregate liability of ourselves and our group companies to you, and where applicable, your group companies in respect of all losses howsoever caused, including those arising as a result of breach of contract, statutory duty, negligence or any other act or omission or breach of duty shall be limited to £10 million.
17.1 Unless we agree otherwise the law applicable to these Terms of Business will be:
(a) the law applying in that part of the United Kingdom, the Channel Islands or Isle of Man where you normally live or (if applicable) the first named policyholder lives.
(b) in the case of a business or organisation the law applying in that part of the United Kingdom, the Channel Islands or Isle of Man where you have your principal place of business.
(c) should neither of the above be applicable, the law of England and Wales will apply.
18.1 All communication and any documentation relating to your insurance needs or policy will be in English.
18.2 If English is not your first language we are happy, with your express consent, to discuss your policy with your authorised representative however all policy documentation and written correspondence issued will be in English.
M J Touzel (Insurance Brokers) Ltd trading as Islands Insurance is registered in Jersey No. 2589 at Kingsgate House, 55 The Esplanade, St Helier and is regulated by the Jersey Financial Services Commission (JFSC) under the Financial Services (Jersey) Law 1998 for General Insurance Mediation Business (No: GIMB 0046). A Member of the NFU Mutual Group of Companies.