Terms of Business Agreement

Horizon Vehicle Management Ltd T/A Motum Insurance Services
Unit 3 Brooklands Court, Kettering Venture Park, Kettering NN15 6FD
Telephone: 0345 034 4542
Email: [email protected] [cite: 18, 19]

Horizon Vehicle Management Ltd T/A Motum Insurance Services is authorised and regulated by the Financial Conduct Authority (FCA). Our Firm Reference Number (FRN) is 929035[cite: 20, 21].

1. Definitions

• "Consumer" means anyone acting outside their trade or profession in respect of the insurance cover requested or arranged[cite: 57].
• "Company", "we", "us" or "our" means Horizon Vehicle Management Ltd T/A Motum Insurance Services[cite: 58].
• "You" or "your" means you (and/or your appointed agent)[cite: 59].
• "Statutory" means officially written down in a law[cite: 60].
• "Liable/liability" means legally responsible[cite: 61].

2. About us

Horizon Vehicle Management Ltd T/A Motum Insurance Services is an independent insurance intermediary[cite: 63].

3. Our service

As an independent insurance intermediary, we generally act as the agent of our client, which means we would act on your behalf[cite: 64]. We are subject to the law of agency, which imposes various duties on us[cite: 65]. However, in certain circumstances we may act for and owe duties of care to other parties, including the insurer[cite: 66]. We will advise you when these circumstances occur, so you will be aware of any conflicts of interest[cite: 67].

We offer a wide range of insurance products and services which may include[cite: 68]:

• Offering you a single or range of products from which to choose a product that suits your insurance needs[cite: 69];
• Advising you on your insurance needs[cite: 70];
• Arranging suitable insurance cover with insurers to meet your requirements[cite: 71];
• Helping you with any later changes to your insurance you have to make[cite: 72];
• Providing all reasonable help with any claim you have to make[cite: 73].

We have access to many leading insurance companies and will advise you where we have provided advice based on a personal recommendation[cite: 74]. We will also advise you when we offer you a policy on the basis of a fair and personal analysis[cite: 75].

Before the insurance contract is concluded and after we have assessed your demands and needs, we will provide you with advice and make a personal recommendation, unless we advise otherwise[cite: 88]. This will include sufficient information such as the main features of the product's cover, any unusual restrictions or exclusions, any significant conditions or obligations and the period of cover[cite: 89].

4. Limitations of our liability

(Refer to standard limitations as per standard agreements if applicable, though text was not explicitly provided in the excerpt for this specific section, standard intermediary liability applies.)

5. Important information (consumers only)

Under legislation, it is your duty as a consumer to take reasonable care not to make a misrepresentation to an insurer, which means you cannot provide any false information[cite: 92]. A failure by you to comply with the insurers request to confirm or amend details previously given is capable of being a misrepresentation[cite: 93].

It is important that you ensure all statements you make on proposal forms, claim forms and other documents are full and accurate[cite: 94]. An insurer has the right to take corrective measures if it can deem the misrepresentation to be either deliberate, reckless, or careless[cite: 95].

6. The duty of fair presentation (commercial customers only)

It is your responsibility to provide a fair presentation of the insurance risk based on you conducting a reasonable search for information[cite: 98]. You must disclose every material circumstance which you know or ought to know[cite: 100].

If you fail to make a fair presentation of the risk, this may result in additional terms or warranties being applied from inception of the policy or any claim payment being proportionately reduced[cite: 102]. In some cases, this could result in your policy being declared void by an insurer and your premiums returned[cite: 103]. Any deliberate or reckless breach could result in your policy being declared void with no refund of premium[cite: 104].

7. Financial crime

Please be aware that current UK money laundering regulations require us to obtain adequate 'Know Your Client' information about you[cite: 114]. We are also required to cross check you against The Office of Financial Sanctions Implementation (OFSI) list[cite: 115]. We are obliged to report to the National Crime Agency and/or Serious Fraud Office any evidence or suspicion of financial crime[cite: 116].

8. Solvency of insurers

We cannot guarantee the solvency of any insurer with which we place business[cite: 119]. This means that you may still be liable for any premium due and not be able to recover the premium paid, whether in full or in part, should an insurer become unable to cover its own financial obligations[cite: 120].

9. Terms of payment

Our payment terms are as follows (unless otherwise agreed by us in writing)[cite: 123]:

• New policies: immediate payment on or before the starting date of the policy[cite: 124].
• Alterations to existing policies: immediate payment on or before the effective date of the change[cite: 125].
• Renewals: due in full before the renewal date[cite: 126].

If payment is not received from you in accordance with the above terms, we, or your insurer may cancel or lapse the relevant policy/policies[cite: 127].

If you choose to pay for your insurance premium using a finance provider, your details will be passed onto them[cite: 129]. We will provide you with a breakdown of the costs of your monthly instalments[cite: 130].

10. How we hold your money

All client money is handled by The Broker Network Limited (BNL)[cite: 154]. Client money is money that BNL receive and hold on behalf of our clients during the course of our dealings such as premium payments, premium refunds, and claim payments[cite: 155].

BNL hold all client monies with one or more approved banks, as defined by the FCA, in a Non-Statutory Trust bank account in accordance with the FCA client money rules[cite: 161]. Under these arrangements, BNL assume responsibility for such monies[cite: 162].

11. Quotations

Unless otherwise agreed, any quotation given will normally remain valid for a period of 30 days from the date it is provided to you[cite: 178]. We reserve the right to withdraw or amend a quotation in certain circumstances[cite: 179].

12. Renewals

You will be provided with renewal terms in good time before expiry of the policy, or notified that renewal is not being invited[cite: 181]. Unless you advise otherwise, renewals are invited on the basis that there have been no changes in the risk or cover required[cite: 182].

13. Mid-term transferred business

When we are appointed to service insurance policies other than at their inception or renewal and which were originally arranged via another party, we shall not be liable during the current insurance period for any loss arising from any errors or omissions or gaps in your insurance cover or advice not supplied by us[cite: 186].

14. Notification of incidents/claims

Your policy documentation will provide you with details on who to contact to make a claim[cite: 190]. It is essential to notify immediately all incidents that may result in a claim against your insurance policy[cite: 191]. You must do so whether you believe you are liable or not[cite: 192].

15. Cancellation

Your policy document will detail your rights to cancel your insurance once you have taken it out[cite: 205]. Depending on the type of policy you have purchased, you may be entitled to cancel within 14 or 30 days[cite: 206]. Where you cancel a policy before renewal, you will be responsible for paying a charge to meet the cost of cover provided and administration expenses[cite: 208].

16. Remuneration, fees & charges

In most cases we are paid by commission from the insurer, but in some circumstances, we may charge you a fee instead of commission or a combination of both[cite: 211]. Our fees will be confirmed to you clearly and in writing[cite: 212].

In addition, we also make charges as detailed below to cover the administration of your insurance[cite: 214]:

(Table Source: [cite: 216])

Where you cancel your policy after the expiry of the cooling off period or where you request a mid-term adjustment which results in a refund of premium, we reserve the right to charge you for our time and costs[cite: 234]. This will usually result in us reducing the amount refunded to you by the FULL amount of the commission and fees we would have received had you not cancelled[cite: 235].

17. Complaints

It is our intention to provide you with the highest possible level of customer service at all times[cite: 241]. Should you wish to complain you may do so[cite: 243]:

• In writing to the Complaints Manager Emma Flowers [cite: 244]
• By telephone on 0345 034 4542 [cite: 245]
• By e-mail at [email protected] [cite: 246]
• In person by visiting our office [cite: 247]

Should you not be satisfied with our final response, you may be entitled to refer the matter to the Financial Ombudsman Service (FOS)[cite: 248]. More information is available at https://www.financial-ombudsman.org.uk[cite: 249].

18. Financial Services Compensation Scheme (FSCS)

We are covered by the Financial Services Compensation Scheme, and you may be entitled to compensation from the scheme depending on the type of business and circumstances of the claim if we cannot meet our obligations[cite: 252]. Further information is available at https://www.fscs.org.uk[cite: 253].

19. Confidentiality and data protection

We are a data controller for the information you provide to us including individual, identification and financial details, policy history and special category data[cite: 255]. Details of our legal basis for processing your information... can be found in our full 'Privacy Notice' on our website at www.motum-services.com[cite: 265].

20. Communications/documentation

We will issue all documentation to you in a timely manner[cite: 267]. You should always check the documentation to ensure all the details are correct and if this is not the case, you should contact us immediately[cite: 271].

21. Termination of our authority to act on your behalf

You or we may terminate our authority to act on your behalf by providing at least 14 days' notice in writing (or such other period we agree)[cite: 274].

22. Third party rights

Unless otherwise agreed between us in writing, no term of this Terms of Business is enforceable by any third parties[cite: 278].

23. General

If any provision of these Terms is found to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question will not be affected[cite: 280]. These Terms shall be governed by the laws of England and Wales[cite: 281].