Terms Of Business
TERMS OF BUSINESS
WEXFORD FINANCIAL SERVICES LTD
INFORMATION CONTAINED WITHIN THIS DOCUMENT
These terms of business set out the basis upon which Wexford Financial Services Ltd trading as Wexford Insurances, Wexford Financial Services and Professional Indemnity.ie (“the Company”) will provide Insurance Broker & Financial Advisor services to you. They also contain details of our regulatory and statutory obligations and the respective duties of both the company and you in relation to such services. This is an important document – please read carefully and if you have any questions please contact your Account Executive. If there are any material changes to the information in this document you will be issued with a revised copy as soon as possible.
Wexford Financial Services Ltd, trading as Wexford Insurances, Wexford Financial Services and Professional Indemnity.ie (“the Company”) is regulated by the Central Bank of Ireland (reference no.C40375) as follows:
Registered as an Insurance Intermediary under the European Communities (Insurance Mediation) Regulations, 2005 (as amended).
Authorised as an Investment Business Firm under Section 10 of the Investment Intermediaries Act, 1995 (as amended).
Authorised as a Deposit Agent/Broker under the Investment Intermediaries Act 1995 (as amended)
Investment Product Intermediary – this means that we hold appointments from insurers and product producers, including intermediaries that may issue appointments, appearing in the register maintained under Section 31 of the Investment Intermediaries Act 1995 (as amended).
Our registered office is at 86 South Main Street, Wexford Town, Co.Wexford No. 407748.
Copies of our Authorisations can be viewed within our office. As a Credit Intermediary authorised by the Competition and Consumer Protection Commission, we can arrange premium finance for your personal or commercial insurance policies. The register of Credit Intermediaries can be viewed on www.ccpc.ie
As with all credit agreements terms and conditions will apply and your account executive will be happy to clarify any questions that you may have with regard to these. We may be in receipt of remuneration of up to 9% of the annual premium from the premium finance provider. We strongly advise that you read all documentation relating to such agreements before entering into same.
The Company is subject to the Central Bank of Ireland Consumer Protection Code, Minimum Competency Code and Fitness & Probity Standards. These codes and standards offer protection to consumers and can be found on the Central Bank of Ireland website www.centralbank.ie.
We provide advice and placement facilities in relation to most types of insurance. Based on the information that you provide, we will identify and recommend a suitable product(s) from Insurers: Insurers is the collective word we use throughout this document for the following: Insurance Companies, Product Producers, Underwriting Agencies and Insurance Undertakings with whom we hold an agency appointment (copy of this list is available on request). We endeavour to provide clients with the best product to suit their requirements alongside value for money. We cannot guarantee the financial stability of the Insurers with whom we place business but once a premium is paid to us and you have been provided with a Section 30 receipt, under the Investment Intermediaries Act 1995 (as amended) or a receipt under the Consumer Protection Code, these monies are deemed to be paid to the Insurer in question.
We will identify and select suitable products on a fair analysis basis from the Insurers available to us in the market and on receipt of your instructions, we will transmit orders on your behalf to one or more Insurers a list of which is available on request. This process applies to all classes of insurance policies with the exception of Schemes which are arranged with various Insurers. A Scheme is an arrangement whereby agreement is reached with Insurers to accept risks of a particular class for a particular group of persons at preferential terms and premium. For example, we presently arrange an Equestrian Insurance scheme. If we have a Scheme in existence for the risk presented then we will not seek to obtain alternative quotations. We will however benchmark our Schemes against similar products in the market operating on a fair analysis basis.
In the case of Health Insurance, we can and will advise you on same but we only place business with Aviva Health Insurance Ireland Ltd. Following inception of cover, a policy document will issue from the insurance company which sets out in detail the conditions applicable, operative endorsements, terms, conditions, exceptions and warranties of the policy. We advise that you read this document carefully and retain it in a safe place. If you require clarification of any of this document please do not hesitate to contact us.
The Company, only transact and recommend Insurers who are licensed by Central Bank of Ireland or European Insurers who are licensed under the EU directives on the freedom of services and which must comply with the solvency and security legislation in their local member state. We accept no responsibility for the financial standing or financial performance of any Insurer or to advise you of any change in the same before or after inception and will not be responsible in any circumstances in the event that they are unable for whatever reason to meet their obligations to you.
COMPENSATION SCHEMES/CLIENT PROTECTION
1. We are members of the Investor Compensation Company Limited (ICCL) established under the Investor Compensation Act 1998. This legislation provided for the establishment of a Compensation Scheme and for the payment, in certain circumstances, of compensation to certain clients of firms (known as eligible investors) covered by the Act. In the event that a right to compensation has been established, the amount payable is 90% of your loss or €20,000 (whichever is the lesser). Full details are available on request.
2. We are members of the Irish Brokers Association (IBA) and as such we are members of the IBA Compensation Fund Ltd. Subject to terms and conditions of the Fund, the liabilities of its member firms may be discharged by the Fund up to a maximum of €100,000 per client (€250,000 in aggregate) on behalf of the member firm if they are unable to do so or the above detailed ICCL has failed to adequately compensate affected clients of the member firm.
HANDLING CLIENTS MONEY
We accept payments in cash, by cheque/bank draft, credit/debit cards or electronic bank transfer in respect of all classes of Insurances where Insurance Companies, Product Producers, Underwriting Agencies and Insurance Undertakings have invited renewal of a policy, or accepted a proposal for insurance. Credit Card payments will incur a 2% handling fee. We cannot accept cash or negotiable instruments in any other circumstances. For certain Insurance and Investment products we may request that all payments are made payable to the provider of the product in question.
A Section 30 receipt will be issued for all monies paid and clients should retain these in a safe place.
We cannot pay a premium where the client has not paid us. Clients must pay at inception date of a contract or on or before renewal date, or as invoiced in the case of mid-term alterations. Insurers may cancel cover where clients fail to meet their obligations in relation to payment terms and conditions.
The Company charges an administration fee where it gives advice which, either results in no product being placed or, the product being placed with an Insurer with whom it has no agency appointment. Fees for these services will be depend on the complexity of the services requested and will be discussed and agreed with you in advance of work taking place on your behalf. Schedule of Fees & Charges:
Administration Fee Scale is:
* Consultant………€ 90.00
1. Commercial General Insurance Business For the placement of new insurance policies and renewal of or amendment(s) to an existing insurance policy we are remunerated through commission and a fee of up to 65% of the applicable premium. In the event of advice being offered or services provided to clients for which we are not remunerated by commission in the normal way from Insurers, we will agree a fee in advance of the provision of service.
2. Commercial Legal Expenses Commercial Legal Expenses cover is an optional cover but is highly recommended.
3. Personal Lines General Insurance Business Personal Lines Business includes private motor and light commercial vehicle (LCV*), home protection, motor homes and caravan, travel etc. Below is a general statement of our fees. We reserve the right to amend these fees based on the complexity of the matter at hand but these will be disclosed to you and agreed with you in advance(* LCV also includes tractors) . Please note an administration fee of €75.00 may apply to Policies on roll-over Direct Debit and some Insurers may collect this charge on our behalf. All premiums are subject to a 5% government levy.
Private Motor and LCV’s (up to 3.5 tonnes),Motor Homes and Caravan – up to €250.00
Household up to €250.00
Travel up to €100.00
Mid Term Alterations – up to 45% - Duplicate Documentation – up to €45.00
4. Health Insurance We are remunerated by commission and/or fees. The service can be provided on a fee only basis if desired, fees will be agreed in writing with you in advance of the provision of this service.
5. Life/Pensions/Investments We are remunerated by both commission and/or fees. The service can be provided on a fee only basis if desired. Clients may pay in full for the service provided by means of fee which will be agreed in writing with you in advance of the provision of service.
CONFLICTS OF INTEREST
It is our policy to avoid situations where there is a conflict of interest. Should such a situation arise or could be perceived to arise, we will declare it as soon as is practicable to do so. Where an unavoidable conflict of interest arises we will advise you of the fact, in writing, before providing any business service. If you have not been advised of any such conflict of interest you may assume that none arises
FAILURE TO PAY OR DEFAULT
You, the customer can cancel your policy at any time by giving notice in writing subject to the terms and conditions of the applicable policy. We reserve the right to instigate cancellation proceedings in the event of the following:
Your non payment of the premium due at inception, renewal or following an alteration.
Your bank returns your cheque due to insufficient funds or any other reason.
Direct Debit default
Non disclosure of relevant information
Provision of incorrect or inaccurate information
Non return of necessary documentation within the required timeframe
Failure to provide all necessary documentation which could result in claims not being paid and/or difficulty in getting insurance elsewhere.
INSTRUCTIONS FOR POLICY AMENDMENTS
It is important to note that where an instruction is transmitted to the Company to amend your policy via phone message, text, email or fax changes that you are aware that these changes in cover are only operable provided they have been confirmed by the company
The Company will issue a receipt for each negotiable or non negotiable instrument or payment received pursuant to Section 30 of the Investment Intermediaries Act 1995 (as amended) or a receipt under the Consumer Protection Code.
It is essential that we are notified immediately of any claims or circumstances which could give rise to a claim. When you notify us, you must include all material facts concerning the claim. The policy wording will describe in detail the procedures and conditions in connection with making a claim. It should be noted that there is no cover or defence costs incurred without insurers’ prior consent.
DUTY OF DISCLOSURE
It is your responsibility to disclose all material facts to insurers when arranging an insurance policy, throughout the life of that policy and when you are renewing it. Material facts are those facts which might influence the acceptance or assessment of your proposal by the Insurer. Material facts would include but are not limited to facts such as previous claims, medical conditions or previous convictions etc. All material facts should be disclosed. If you are unsure as to whether a fact is material, it should be disclosed. Failure to disclose any material information to your insurers could result in your policy being cancelled and/or claims not being paid. You should also note that you may encounter difficulties in trying to purchase insurance elsewhere were this to occur. In the case of property insurance, the failure to have property insurance in place could lead to a breach of the terms and conditions attaching to any loan secured on that property.
Please note that telephone calls to and from our offices may be recorded for quality training and verification purposes and to ensure the accuracy of our consumer records.
GOVERNING LAW AND LANGUAGE
The laws of Ireland form the basis for establishing relations between you and the Company. All contracts, terms, conditions and communications relating to any policies you may enter into with this firm will be in English.
We have a written procedure in place for the effective handling of complaints. Any written complaints should be addressed to the Compliance Officer, Wexford Financial Services Ltd, 86 South Main Street, Wexford Town, Co. Wexford. Each complaint will be acknowledged by us within 5 working days and updates will be advised in intervals of not more than 20 working days. We will make every effort to resolve the complaint within 40 working days and findings will be furnished to you within 5 working days of completion of the investigation. In the event that you are not satisfied with the firms handling of and response to your complaint, you can contact:
The Financial Services Ombudsman, 3rd Floor Lincoln House, Lincoln Place, Dublin 2. Tel. 1890 882090 / Fax 01-6620890 / email: firstname.lastname@example.org - The Offices of the Pensions Ombudsman, 3rd Floor, Lincoln House, Lincoln Place, Upper Mount Street, Dublin 2 Tel. 01-6766002 / Fax 01-6618776 / email: email@example.com
We collect your personal details in order to provide the highest standard of service to you and take great care with the information provided i.e. to keep it secure and to ensure it is only used for legitimate purposes. To fulfil these objectives we may share information with other affiliated professionals. The information provided to our company may be used from time to time to advise you of the products and services that we offer – this service may also be carried out by third parties authorised to act on our behalf. You have the opportunity to opt out of the use of your data at inception of the policy or via website enquiry. You have the right to request a copy of any ‘personal data’ within the meaning of the Data Protection Act 1988 and 2003 (as ended or re-enacted) that our office holds about you and to have any inaccuracies in that information corrected. Requests should be forwarded to the Compliance Officer, Wexford Financial Services Ltd, with your details to request the information you require. A fee of €6.35 will apply.
COOLING OFF PERIOD
A consumer (as defined by SI No 853 of 2004) has the right to withdraw from an insurance policy (as defined under SI No 853 of 2004) within 14 days of the start date of the policy (except in the case of travel policies whose operative period is for one month or less) without penalty and without giving any reason. This is known as the cooling off period. The right of withdrawal may be exercised by notice in writing to Wexford Financial Services Ltd quoting your policy number provided that no claim or adjustment has been made or is intended to be made or no incident has occurred which is likely to give rise to a claim or for travel policies. Should this right be exercised, your insurance company may charge for the period you are on cover. For motor insurance the insurance certificate and disc must be received by Wexford Financial Services Ltd before the policy can be cancelled. Please note that the policy set up charge is non refundable if you choose to withdraw from the policy within the cooling off period.
All quotations are valid for 7 days. All quotations and cover are subject to acceptance by the Insurer concerned. A full copy of your Insurers policy wording / terms and conditions is available upon request. Please note full disclosure of all material facts should be made including medical history and claims. Failure to disclose all relevant information could result in your policy being cancelled, claims not being paid, difficulty in getting insurance elsewhere and in the case of property insurance, failure to have property insurance in place could lead to a breach of the terms and conditions attaching to any loan secured on the property.
The Company reserves the right to request any facts about a client which it reasonably believes it needs to know in order to comply with the Criminal Justice (Money Laundering and Terrorist Financing) (Amended) Act 2013.
These Terms of Business are effective for all Wexford Financial Services Ltd business and transactions from February 2017 subject to a copy being issued to clients and prospective clients in advance of any such transactions. A copy having once been issued, said terms apply to all and any subsequent transactions unless and until amended Terms of Business are issued. Wexford Insurances, Wexford Financial Services & Professional Indemnity.ie, are wholly owned trade names of Wexford Financial Services Ltd
The Central Bank of Ireland
P.O. Box 599
Lo-Call: 1890 88 20 90
Fax: 01 224 45 00
Irish Brokers Association
87 Merrion Square
Tel: 01 661 30 67
Fax: 01 671 65 61
Financial Services Ombudsman Bureau
3rd Floor Lincoln House
Lo-Call: 1890 77 77 77
Fax: 01 662 08 90
Irish Brokers Association
The services we provide include but are not limited to: Motor, Household, Travel, Crèche, Legal Expenses, Commercial Vehicle, all classes of Liability, Motor Fleet, Special Types, Haulage, Equestrian, Marine, Commercial Property, Farm, Shop, Professional Indemnity, Directors & Officers Insurance, Financial Services and Health Insurance Wexford Financial Services Ltd. Terms of Business (Rev, Feb 2017) if you wish to download the Wexford Financial Services Ltd.Terms of Business document you can do so HERE
To download schedule of fees please click HERE