Terms Of Business

Terms of Business

Biz Broker Ltd trading as Clarke & Conlon Insurance Broker at Pease Street, Ballina, Co. Mayo, Ireland (registered office) is regulated by the Central Bank of Ireland, and is registered in Ireland under company no. 372226.  We are also a member of Brokers Ireland.

Telephone: +3539679626

Email: info@bizbroker.ie

Website: www.bizbroker.ie

Terms of Business:  These are the terms of business set out the general terms under which the firm will provide business services to you and the respective duties and responsibilities of both the firm and you in relation to such services.  These terms replace with immediate effect, any previous terms of business document issued to you.  Please ensure that you read these terms thoroughly and if you have any queries, we will be happy to clarify them.  Where any material changes are made to these terms, we will notify you.  By accepting these Terms of Business, you acknowledge that you have read and understand them; and have read and understand the information contained within your chosen quotation and/or policy and which is/are also contractually binding on you.

Clarke & Conlon Insurance Brokers

Biz Broker Ltd t/a Clarke & Conlon Insurance Broker, has over 30 years’ experience in the business insurance sector.  We specialise in business insurance such as tradesman, construction, manufacturing, retail, and leisure industries.  We also offer personal lines insurance i.e. home & motor.  We provide a wide range of Non-life Insurance products; we research suitable products for you on your behalf with agencies with whom will hold appointment with; Identifying products on a fair and personal analysis basis.  We also assist you with existing policies, in processing amendments and cancellations, claims/legal assistance and in seeking renewal terms.  We can also assist you with arranging premium credit.

Clarke & Conlon Insurance Brokers trading as Biz Broker Ltd

These Terms of Business set out the general terms under which our firm will provide business services to you and the respective duties and responsibilities of both the firm and you in relation to such services.  Please ensure that you read these terms thoroughly and if you have any queries, we will be happy to clarify them.  If any material changes are made to these terms, we will notify you. 

Authorisation with the Central Bank of Ireland

Biz Broker Ltd t/a Clarke & Conlon Insurance Brokers is regulated by the Central Bank of Ireland as an insurance intermediary registered under the European Union (Insurance Distribution) Regulations 2018; as Investment Intermediaries authorised under the Investment Intermediaries Act 1995; Copies of our regulatory authorisations are available on request. We are also registered with the Competition & Consumer Protection Commission as a Credit Intermediary for providing premium credit with Close Brother Premium Finance to arrange the provision of credit.  The Central Bank of Ireland holds registers of regulated firms.  You may also register You may contact the Central Bank of Ireland on 1890 777 777 or alternatively visit their website at www.centralbank.ie to verify our credentials.  

Codes of Conduct

Biz Broker Ltd t/a Clarke & Conlon Insurance Brokers is subject to the Consumer Protection Code, Minimum Competency Code and Fitness & Probity Standards which offer protection to consumers.  These Codes can be found on the Central Bank’s website www.centralbank.ie

Our Services 

Biz Broker Ltd t/a Clarke & Conlon Insurance Brokers is a member of Brokers Ireland.

Our principal business is to provide advice and arrange transactions on behalf of clients in relation to non-life general insurance products.  A full list of insurers, product producers and lending agencies with which we deal is available on request.

We act as an Independent Broker which means that:

  1. the principal regulated activities of the firm are provided based on a fair and personal analysis of the market; and
  2. you must pay for our services by means of a fee. We provide our services based on independent advice.  This means that the firm does not accept any third-party payments (i.e.

commissions) from Providers. 

  1. We can also arrange for support with legal assistance and arrange finance for the payment of your insurance premium by way of a Credit Agreement between you and Premium Credit Ltd.

Fair and Personal Analysis

The concept of fair and personal analysis describes the extent of the choice of products and providers offered by an intermediary within a particular category of non-life general insurance.  The number of contracts and providers considered must be sufficiently large to enable an intermediary to recommend a product that would be adequate to meet a client’s needs. 

The number of providers that constitutes ‘sufficiently large’ will vary depending on the number of providers operating in the market for a particular product or service and their relative importance in and share of that market.  The extent of fair analysis must be such that could reasonably be expected of a professional conducting business, considering the accessibility of information and product placement to intermediaries and the cost of the search.

To ensure that the number of contracts and providers is sufficiently large to constitute a fair and personal analysis of the market, we will consider the following criteria: 

  • The needs of the customer,
  • The size of the customer order,
  • The number of providers in the market that deal with brokers,
  • The market share of each of those providers,
  • The number of relevant products available from each provider,
  • The availability of information about the products,
  • The quality of the product and service provided by the provider,
  • Cost, and
  • Any other relevant consideration.

Non-Life

We can provide advice on and arrange products from the following range: household, Tradesman, farm, commercial, public liability, employer liability, and property Insurance.

We provide general insurance on a fair and personal analysis basis (providing services on the basis of a sufficiently large number of contracts and product producers available in the market to enable the firm to make a recommendation, in accordance with professional criteria, regarding which contact would be adequate to meet your needs).

In some cases, we may be granted authority from an insurance undertaking to conduct tasks on their behalf, for which we will be remunerated.  Where we place your business with this insurance undertaking under this authority you will be notified in advance of the placement.  We will also aid you in relation to procession claims on policies taken out with us and in seeking renewal terms on your cover. 

To ensure continuity of cover, where you have an existing policy which is due to expire and where we have been unable to contact you, we may put continuing cover in force whilst awaiting your instruction.  You will be liable for any premium’s payable to the relevant insurer for the period between renewal and when we receive your instruction.  You have the right not to avail of this service.   

Statement of Charges

We may earn our remuneration based on the fee, commission, and any other type of remuneration, including a non-monetary benefit, or based on a combination of these methods.  A non-monetary benefit will only be accepted if it enhances the quality of the service to our clients.

You may choose to pay in full for our services by means of a fee.  Where we receive recurring commission, this forms part of the remuneration for initial advice provided.  We reserve the right to charge additional fees if the number of hours relation to on-going advice/assistance exceeds two hours.

A summary of the details of all arrangements for any fee, commission other reward or remuneration paid or provided to us which have agreed with product providers is available in our office or on our website – https://bizbroker.ie/

In certain circumstances, it will be necessary to charge a fee for services provided.  These are listed below.  In other circumstances where fees are chargeable or where you choose to pay in full for our service by fee, we will notify you in writing in advance and agree the scale of fees to be charged if different from fees outlined below.  Where it is not possible to provide the exact amount, we will provide you the method of calculation of the fee.

If we receive commission from a product provider, they may/will be offset against the fee which we will charge you.  Where the commission is greater than the fee due, the commission may become the amount payable to the firm unless an arrangement to the contrary is made.  

Remuneration and Fees

Biz Broker t/a Clarke & Conlon Insurance Broker reserves the right to amend any fees should the complexity of the advice require enhanced professional services.  We will confirm and agree any additional fee, as set out below, with you prior to any increased charge being applied.  Any fee charged at inception of a policy will not be refunded in the event of cancellation.                      

Scale of Fees

 

Personal Lines

 

Commercial

 

Initial Fee

 

Up to a max of

€50

Up to a max of

100%

Renewal

 

Up to a max of €50 

 

Up to a max of 100%

Policy                Alteration

/ Cancellation

Up to a max of €50 

 

Up to a max of 35%

We reserve the right to amend these fees should the complexity of the product require a higher fee.  We will confirm and agree with you prior to any increased charge being applied.  A fee of €25 will be charged for all duplicate documentation.  

Insurance Based Investment Products

We will return to customers or offset against fees to be paid by the customer, any fees, commission or non-monetary benefits paid or provided by any third party or person acting on behalf of a third party in relation to the services provided to that customer as soon as reasonably possibly after receipt. 

General Insurance 

We may be remunerated by commission from insurers on completion of business.  Details of the commission arrangements are available on our website.  Where an override commission is received, this will be disclosed to you in general terms. 

We will inform you of the amount of the fee to be charged.  Where it is not possible to provide the exact amount, we will provide you the method of calculation of the fee. 

Insurance based Investment Products

We will provide periodic assessments of the suitability of the insurance-based investment product which we have recommended to you. 

Regular Reviews

It is in your best interests that you review, on a regular basis, the products which we have arranged for you.  As your circumstances change, your needs will change.  You must advise us of those changes and request a review of the relevant policy so that we can ensure that you are provided with up-to-date advice and products best suited to your needs.  Failure to contact us in relation to changes in your circumstances, which may result in you having insufficient insurance cover and/or inappropriate investments. 

Disclosure of Information

Any failure to disclose material information may invalidate your claim and render your policy void. 

Conflicts of interest

It is the policy of our firm to avoid conflicts of interest in providing services to you.  However, where an unavoidable conflict of interest arises, we will advise you of this in writing before providing you with any service.  A full copy of our conflicts of interest policy is available on request.  

In some cases, we may be a party to a profit-share with product producers where we provide extra services for the provider.  Any business arranged with these providers on your behalf is placed with them as they are at the time of placement the most suitable to meet your requirements taking all relevant information, demands and needs into account. 

Consumer Protection Claims

It is important that you familiarise yourself with the policyholder’s duties and insurers’ rights as set out in the Conditions/Claims Conditions section insurers’ policy wordings.  We aid you in relation to processing claims on policies taken out with us and in seeking renewal terms on your cover. The Consumer Insurance Contracts Act 2019 imposes upon consumers (as defined below) and insurers in relation to claims handling.  It also includes entitlements by insurers in relation to claims handling, limitations on deferring payment of a claim until completion of works, etc., in case of property contracts and proportionate remedies and claims handling. These include the following and are not exhaustive. Please refer to the Act at http://www.irishstatutebook.ie/:

Any clause in a contract of insurance that refers to a “material change” shall be interpreted as referring to changes that take the risk outside that which was within the reasonable contemplation of the contracting parties when the contract of insurance was concluded.

  • The consumer must cooperate with the insurer in an investigation of insured events including responding to reasonable requests for information in an honest and reasonably careful manner and must notify the insurer of the occurrence of an insured event in a reasonable time.
  • The consumer must notify the insurer of a claim within a reasonable time, or otherwise in accordance with the terms of the contract of insurance.
  • If the consumer becomes aware after a claim is made of information that would either support or prejudice the claim, they are under a duty to disclose it. (The insurer is under the same duty).
  • If the consumer makes a false or misleading claim in any material respect (and knows it to be false or misleading or consciously disregards whether it is) the insurer is entitled to refuse to pay and to terminate the contract.

(A “consumer” has the meaning given to it by paragraph (a) of the definition of that expression (as it is defined in relation to a financial service) in section 2(1) of the Financial Services and Pensions Ombudsman Act 2017 but, for the purposes of this Act, that paragraph (a) shall apply as if references in it to “financial service” and “financial service provider” were construed, respectively, as references to “consumer insurance contract” and “insurer” within the meaning of this Act).

Cooling Off Period and Cancellation

A consumer who purchases an insurance policy over the phone or through the internet, without any face-to-face contact has the right to withdraw from an insurance policy (as defined by SI No 853 of

2004 – European Communities (Distance Marketing of Consumer Financial Services) Regulations

2004) within 14 days of the start date of the policy (30 days in the case of Life Insurance or a Personal Pension).  Under the Consumer Insurance Contracts Act 2019, a consumer may cancel a

contract of insurance, by giving notice in writing to the insurer, within 14 working days after the date the consumer was informed that the contract is concluded.  The insurer cannot impose any costs on the consumer other than the cost of the premium for the period of cover. This does not affect the notice periods provided under other relevant legislation (30 days/14 days in respect of life/general policies respectively).  The right of withdrawal may be exercised by notice in writing to us, quoting your policy number.  Should this right be exercised the Insurer may charge a pro rata premium for the period you are on cover.  If the cover is motor insurance the premium cannot be refunded until the Certificate of Insurance and Windscreen Disc have been received by us. Cooling off rights do not apply where the service supplied is, or relates to, travel or baggage insurance or an insurance policy under which insurance cover is provided for less than one month.

You, the customer can apply to cancel your policy outside the cooling off period at any time by giving notice to the firm in writing.  Policy cancellation is subject to the terms and conditions of your policy. Please note that any fee charged at inception of a policy will not be refunded in the event of cancellation.

Default on payments by clients 

We will exercise our legal rights to receive payments due to us from clients (fees and insurance premiums) for services provided.  Without limitation to the generality of the foregoing, the firm will seek reimbursement for all payments made to insurers on behalf of clients where the firm has acted in good faith in renewing a policy of insurance for the client. 

Product producers may withdraw benefits or cover in the event of default on payments due under policies of insurance or other products arranged for you. We would refer you to policy documents or product terms for the details of such provisions. 

Complaints 

Whilst we are happy to receive verbal complaints, it would be preferable that any complaints are made in writing. We will acknowledge your complaint in writing within 5 business days and we will fully investigate it. We shall investigate the complaint as swiftly as possible, and the complainant will receive an update on the complaint at intervals of not greater than 20 business days starting from the date on which the complaint is made.  On completion of our investigation, we will provide you with a written report of the outcome. If you are still dissatisfied with our handling of or response to your complaint, you are entitled to refer the matter to the Financial Services and Pensions Ombudsman (FSPO). A full copy of our complaint’s procedure is available on request.

Data Protection 

Biz Broker Ltd t/a Clarke & Conlon Insurance Broker complies with the requirements of the General Data Protection Regulation 2018 and the Irish Data Protection Act 2018.  We are committed to protecting the privacy of the customers, claimants, and other business contacts. “Personal Information” identifies and relates to you or other individuals (e.g. your partner or other members of your family).  If you provide Personal Information about another individual, you must (unless we agree otherwise) inform the individual about the content of this notice and our Privacy Policy and obtain their permission (where possible) for sharing of their Personal Information with us.

Biz Broker Ltd t/a Clarke & Conlon Insurance Brokers is committed to protecting and respecting your privacy. We wish to be transparent on how we process your data and show you that we are accountable with the GDPR in relation to not only processing your data but ensuring you understand your rights as a client.  

The Types of Personal Information we may collect and why

Depending on our relationship with you, Personal Information collected may include: Contact information, financial information and account details, sensitive information about health or medical conditions (collected with your consent where required by applicable law) as well as other Personal information provided by you or that we or that we obtain in connection with our relationship with you.  Personal information may be used for the following purposes:

  • Insurance administrations, e.g. communication, claims processing and payment.
  • Make assessments and decisions about the provisions and terms of insurance and settlement of claims.
  • Assistance and advice on services and products.
  • Management of our business operations and IT infrastructure.

Sharing of Personal Information

We may need to allow access to our systems containing your personal data to third-party service providers contracted by us to provide us with: our Insurance Broker Software, our IT System Support & Maintenance, our offsite Data Backup, Our Telephone Communications and offsite Recording & Backup, our Confidential Document Destruction, Compliance/Business Development/Systems & Marketing advice and Statutory Audit Services.  Any such third parties are obliged to keep your details securely, and to use them only to fulfil the service that they provide to us.  

The data will be processed only in ways compatible with the purposes for which it was given and as outlined in our Data Privacy Notice; this will be given to all our clients at the time of data collection.  We will ensure that this Privacy Notice is easily accessible. Please refer to our website www.bizbrokers.ie if this medium is not suitable, we will ensure you can easily receive a copy by, hard copy by post or email.  

Please contact us by email: info@bizbroker.ie or by phone: 09679626 if you have any concerns about your personal data.

New consumer responsibilities arising out of the Consumer Insurance Contracts Act 2019 which was implemented to protect consumers.

Consumer Insurance Contract Act 2019: 

Following the commencement of the Consumer insurance Contract Act 2019 which was implemented to protect consumers.  There is important information that you should be aware of and we are bringing to your attention.  There are obligations on you as the consumer and duties that you must fulfil at the various stages of the process of arranging and renewing your Insurance policy.  

Please read the following information very carefully and if you have any questions please ask a member of our staff.

Cancellation by you

You can cancel your policy in writing at any time, in accordance with the terms and conditions set out in your policy document and provided no incident has arisen that could give rise to a claim. Cancellations must be given in writing to our office. Should you cancel your policy outside the applicable cooling off period, short term rates or minimum and deposit premiums may apply.  A notice of cancellation given in respect of a distance contract that relates to the issue of a motor vehicle insurance policy is not properly given unless the relevant Certificate of Insurance and Windscreen Insurance Disc have been surrendered to Biz Broker Ltd t/a Clarke & Conlon Insurance Brokers.

Cancellation by Insurers

Insurers normally reserve the right to cancel policies at any time by giving appropriate notice to your last known address. Please refer to your policy terms and conditions.  Your Insurer may cancel your policy in certain circumstances. These conditions are clearly outlined on all policy documents, which you should read and take note of.

Please note in the event of default payments, Insurers/Product Producers:

  • Reserve the right to instigate cancellation proceedings.
  • Reserve the right to withdraw Benefits or Cover.

Cancellation by Biz Broker Ltd t/a Clarke & Conlon Insurance Brokers

Biz Broker Ltd t/a Clarke & Conlon Insurance Brokers reserves the right, notwithstanding delivery of policy document or receipt of same by the insured, to cancel the policy of insurance and obtain a credit from the Insurer/Product Producer, apply same in the reduction of the amount due by the insured in the event of the following:

  • Non-payment of a policy premium, in whole or in part, due at inception, renewal or following a mid-term alteration.
  • Non-payment of professional service fee, in whole or in part, due at inception, renewal, for mid-term alteration.
  • Default of a payment of a direct debit premium.
  • Default of a payment in respect of a Premium Finance agreement.
  • Your bank returns a cheque due to insufficient funds or for any other reason.
  • Non-receipt of required documentation.
  • Non-disclosure of relevant information.
  • Insurer enforced cancellation.
  • Failure to comply with policy conditions imposed by insurers.

If you have a loan with a premium finance provider and if there is a return of premium calculated by the Insurer, this will be offset against the outstanding premium due and any balance will be refunded provided that no incident giving rise to a claim has occurred in the current period of insurance. In this case you will be entitled to a proportionate return of the premium for the unexpired period of insurance unless the policy is on a minimum and deposit basis, and if this is the case, no return will be allowed, and this would be noted on your policy schedule.  If you cancel during the first year (outside of the Cooling Off period) short term rates apply, please see policy terms and conditions.  In the case of cancellation of motor insurance, you must return the Certificate of Insurance and Windscreen Insurance Disc to Biz Broker Ltd t/a Clarke & Conlon Insurance Broker. The firm will exercise its legal rights to receive payments due to us from clients for any outstanding monies owed following policy cancellation.

Consumer Responsibilities

The Consumer Insurance Contracts Act 2019 sets out clear provisions in relation to the responsibilities of consumers under a contract of insurance including but not limited to the following:

  • A consumer is under a duty to pay their premium within a reasonable time, or otherwise in accordance with the terms of the contract of insurance.
  • A consumer may cancel a contract of insurance, by giving notice in writing to the insurer, within 14 days after the date the consumer was informed that the contract is concluded. The insurer cannot impose any costs on the consumer other than the cost of the premium for the period of cover.
  • A court of competent jurisdiction can reduce the pay-out to the consumer where they are in breach of their duties under the Act, in proportion to the breach involved.

Duty of Disclosure

A consumer is under a duty to ensure that all material facts have been disclosed.  A material fact is any information which may alter the judgement of an Insurer/Product Producer in assessing risk.  It is your responsibility to provide complete and accurate information for Insurers/Product Producers.  Where a proposal form/statement of fact/claim form is completed by you and/or is completed on your behalf, the accuracy of all answers, statements and/or information will be your sole responsibility.

This duty of disclosure applies when you take out your insurance policy, throughout the life of that policy, when you renew your policy, when you submit any claim and to any situations in which you are required under the terms of the policy to provide information to Insurers/Product Producers.  If you are unsure as to whether a fact/information is material or not please contact us and we will take the matter up with your insurer.

Any material change that occurs after the arrangement of your policy must be disclosed to Insurers/Product Producers.  A material change will be interpreted as being a change that takes the risk outside what was in the reasonable contemplation of the contracting parties when the contract was incepted.  Failure to disclose all material facts/information or to notify of all material changes may result in 

  1. a) the policy cover being cancelled and/or being declared void from inception,
  2. b) in claims not being paid,
  3. encountering difficulty when trying to purchase insurance elsewhere and
  4. in relation to property insurance, failure to secure property insurance cover could lead to a breach of the terms and conditions attaching to any loan secured on that property.

If you are unsure as to whether a change is material or not please contact us and we will take the matter up with your insurer.

New Business & Renewal 

You may cancel a contract of insurance, by giving notice in writing to the insurer, within 14 working days after the date you were informed that the contract is concluded.  This does not affect the notice periods already provided under European Union (Insurance and Reinsurance) Regulations 2015 ( S.I. No. 485 of 2015 ) or the European Communities (Distance Marketing of Consumer Financial Services) Regulations 2004 ( S.I. No. 853 of 2004 ) which is 30 days in respect of life policies, irrespective of whether the sale took place on a non-face to face basis, and 14 days in respect of general policies and only on sales that took place on a non-face to face basis (distance sales). The giving of notice of cancellation by you will have the effect of releasing you from any further obligation arising from the contract of insurance. The insurer cannot impose any costs on you other than the cost of the premium for the period of cover.

This right to cancel does not apply where, in respect of life insurance the contract is for a duration of six months or less, or in respect of general insurance, the duration of the contract is less than one month.

You are under a duty to pay your premium within a reasonable time, or otherwise in accordance with the terms of the contract of insurance.

A court of competent jurisdiction can reduce the pay-out to you if you are in breach of your duties under the Act, in proportion to the breach involved.

Post-Contract Stage and Claims 

If, in respect of the insurance contract the insurer is not obliged to pay the full claim settlement amount until any repair, replacement or reinstatement work has been completed and specified documents for the work have been furnished to the insurer, the claim settlement deferment amount cannot exceed;  

  • 5% of the claim settlement amount where the claim settlement amount is less than €40,000, or
  • 10% of the claim settlement amount where the claim settlement amount is more than €40,000.

An insurer may refuse a claim made by you under a contract of insurance where there is a change in the risk insured, including as described in an “alteration of risk” clause, and the circumstances have so changed that it has effectively changed the risk to one which the insurer has not agreed to cover.   Any clause in a contract of insurance that refers to a “material change” will be interpreted as being a change that takes the risk outside what was in the reasonable contemplation of the both you and the insurer when the contract was concluded.

  • You must cooperate with the insurer in an investigation of insured events including responding to reasonable requests for information in an honest and reasonably careful manner and must notify the insurer of the occurrence of an insured event in a reasonable time.
  • You must notify the insurer of a claim within a reasonable time, or otherwise in accordance with the terms of the contract of insurance.
  • If you become aware after a claim is made of information that would either support or prejudice the claim, you are under a duty to disclose it. (The insurer is under the same duty).  
  • If you make a false or misleading claim in any material respect (and know it to be false or misleading or consciously disregards whether it is) the insurer is entitled to refuse to pay and to terminate the contract.

Where an insurer becomes aware that a consumer has made a fraudulent claim, they may notify the consumer advising that they are voiding the contract of insurance, and it will be treated as being terminated from the date of the submission of the fraudulent claim.  The insurer may refuse all liability in respect of any claim made after the date of the fraudulent act, and the insurer is under no obligation to return any of the premiums paid under the contract.  

Brokers Ireland Compensation Fund 

We are also members of the Brokers Ireland Compensation Fund. Subject to the rules of the scheme the liabilities of its members firm up to a maximum of €100,000 per client (or €250,000 in aggregate) may be discharged by the fund on its behalf if the member firm is unable to do so, where the above detailed Investor Compensation Scheme has failed to adequately compensate any client of the member. Further details are available on request.

Governing Law 

These Terms of Business are subject to the law of Ireland and the Courts of Ireland has exclusive jurisdiction over any dispute.

Terms of Business dated 4th of January 2021

We may amend, modify or update these Terms of Business from time to time at any time without prior notice and the amended version will be published on our website(s) and you will be provided with an up-to-date copy on next placing a new policy or renewing your policy with us. 

IF YOU REQUIRE CLARIFICATION CONCERNING ANY MATTER CONTAINED IN THE FIRM’S TERMS OF BUSINESS DOCUMENT PLEASE CONTACT US FOR GUIDANCE

By continuing to use the site, you agree to the use of cookies. more information

The cookie settings on this website are set to "allow cookies" to give you the best browsing experience possible. If you continue to use this website without changing your cookie settings or you click "Accept" below then you are consenting to this.

Close