Our Terms of Business Agreement sets out the basis on which we will conduct insurance business and provide services to Accredited Installers. It includes specific information that we are required to provide to you by the Financial Conduct Authority and the terms and conditions under which we operate. You should use this information to determine if our services are right for you. We would ask that you read this carefully and if you are unsure of any terms, please contact us.
The Financial Conduct Authority (FCA) is the independent watchdog that regulates financial services. Qualitymark Protection Ltd (Company Registration 03230676) is authorised and regulated by the Financial Conduct Authority (FCA). Our FCA Firm Reference number is 629677. You can verify this by visiting the FCA’s website https://register.fca.org.uk/ or by contacting the FCA on 0300 500 8082.
Our permitted business is recommending general insurance policies; arranging general insurance cover; dealing as an agent and assisting with the administration and performance of policies.
We only offer cover for Deposit Protection Insurance and Insurance Backed Guarantee’s from a single insurer, Safe World Insurance Group (UK) Ltd and can only provide advice regarding their products and not based on a fair and personal analysis of the market.
We will provide information about the policies main characteristics including significant benefits, its significant exclusions and limitations and its duration. Full details of the policy terms and conditions are available to you before you agree to purchase any policy. You are responsible for deciding whether this policy meets your demands and needs.
Our majority shareholder is also a majority shareholder in Safe World Insurance Group (UK) Limited.
We have not used any other intermediary to place this business.
We act as your agent when sourcing and placing the policy from and with the insurer. In the event of a claim, we will act for your customer in dealing with the insurer if required to do so.
We derive our income from commissions paid to us in respect of the insurance placed on behalf of customers. In addition, we charge a £1.75 + VAT Registration Fee for any registration made.
You are entitled, at any time, to request information regarding any commission, which we may have received as a result of placing your insurance business.
You have a duty to provide complete and accurate information and disclose to us any material facts, which may affect the rates or terms an insurer will offer. This applies when you apply to us for access to purchasing Deposit Protection Insurance, purchasing any Insurance Backed Guarantee and for each policy you acquire for your end customer. This applies throughout the term of our agreement and the duration of any policy. If you fail to disclose any material information or change of circumstances to us or the insurers, this could invalidate your access to purchase polices via us or the insurance cover and potentially result in part or all of a claim being rejected. We strongly recommend all information provided is checked thoroughly prior to submission. If you are in any doubt as to whether a fact is material, we recommend that it be disclosed.
We shall be entitled (but not obliged) without notice to you to set off any amounts due to us from you against any amounts which we may receive on your behalf (such as claims monies, refunded premiums and other sums).
If a policy is cancelled within the first 14 days you will receive a refund of the premium paid, providing a claimable event has not occurred. The policy can be cancelled at any time after 14 days by the policyholder, but no premium refund will be applicable.
Whilst we will endeavour to place business with insurers who demonstrate an adequate level of financial solvency, and although their regulator requires them to maintain a minimum level of capital, we cannot guarantee the solvency of any insurer.
The policies you are purchasing are for a third-party consumer. Only the consumer can make a claim against the insurance policy. Full details of how they can make a claim including the insurers contact details are detailed in the policy documentation.
We hold your monies as the agent of the insurer. This means that monies received by us, are deemed to have been received by the insurer. This includes premium(s), refunds and claims monies. Between receiving any money from you and us passing it on to insurers (and vice versa), we may earn a small amount of interest on these monies, which we will retain.
By accepting these terms, you consent to the way we will hold your premium (and/or other insurance related money) in accordance with this paragraph.
We are covered by the FSCS. Policyholders may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of a claim against us. Insurance advising and arranging is covered for 90% of the claim, with no upper limit. For compulsory classes of insurance, insurance advising and arranging is covered for 100% of any claim, without upper limit.
Further information about compensation scheme arrangements is available from the FSCS, by visiting www.fscs.org.uk
You are an Installer of home improvement products and applied to us, to enable you to purchase Deposit Protection Insurance and/or Insurance Backed Guarantee’s on behalf of the clients who you install home improvement products for.
Once accredited by us, we are willing to offer access to enable you to purchase these insurance policies, subject to this Terms of Business Agreement. You are not under any obligation to purchase any Deposit Protection Insurance policies and/or Insurance Backed Guarantee’s from us.
We have informed you that we only offer Deposit Protection Insurance policies and Insurance Backed Guarantee’s that are underwritten by Safe World Insurance Group (UK) Limited.
The Deposit Protection Insurance policy and the Insurance Backed Guarantee provide your clients with an element of protection should you cease to trade and are unable to honour the terms of your contract or written guarantee (subject to the insurance policy terms and conditions).
Whilst you will pay for these policies, they will be in your client’s names and they will be the beneficiary and owner of the insurance policies.
Our offer of access to Deposit Protection Insurance and/or Insurance Backed Guarantee’s does meet your requirement to provide your clients with these policies.
1.1: Definitions and rules of interpretation
Customer’s Manager: the Customer’s manager appointed in accordance with clause 4.1.
Customer’s Clients: means the clients which the Customer shall provide their services to.
Data Protection Law: any and all legislation and/or guidance relating to the processing, storage and disclosure of personal data including but not limited to the Data Protection Act 2018, the Data Protection Directive, the Electronic Communications Data Protection Directive, the Privacy and Electronic Communications Regulations2011 and the General Data Protection Regulations.
Installer: means a certified MCS, Gas Safe, PAS, Part P or other Supplier approved installer.
Guarantee Insurance: means, the insurance products detailed in Schedule 2.
In‐put Material: all information to be provided by the Customer to enable the Supplier to provide the Services including but not limited to details of the installation, details of the Installer, details of the manufacturer of the products to be installed, and details of the Customer’s Clients.
IPT: insurance premium tax chargeable under English law for the time being and any similar additional tax.
Insurer: means Safe World Insurance Group (UK) Ltd.
Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get‐up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know‐how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Personal Data: has the meaning set out in the Data Protection Laws.
Pre‐existing Materials: all information, documentation and materials provided by the Supplier relating to the Services which existed prior to the commencement of this Agreement.
Registration Hub: means the online registration system to be used by the Customer to access the Services.
Services: the insurance intermediation services set out in the Terms of Business Agreement.
1.2: Clause, schedule and paragraph headings shall not affect the interpretation of this agreement.
1.3: A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.4: The schedules form part of this agreement and shall have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the schedules.
1.5: Words in the singular shall include the plural and vice versa.
1.6 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re‐enactment and includes any subordinate legislation for the time being in force made under it.
1.7 A reference to writing or written includes e‐mail.
1.8 Where the words include(s), including or in particular are used in this agreement, they are deemed to have the words without limitation following them. Where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.
1.9 Any obligation in this agreement on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.
1.10 References to clauses and schedules are to the clauses and schedules of this agreement.
The Services supplied under this agreement shall continue to be supplied unless this agreement is terminated by one of the parties giving to the other not less than one month’s notice, unless this agreement is terminated in accordance with clause 10.
3.1 The Supplier shall use reasonable endeavours to provide the Services to the Customer, in accordance with the Terms of Business Agreement.
3.2 The Customer acknowledges that in respect of the Guarantee Insurance the Supplier is authorised and regulated by the Financial Conduct Authority and has to comply with its regulatory responsibilities.
3.3 The Supplier shall ensure that where it is processing Personal Data provided to it under this Agreement it shall do so in accordance with the Data Protections Laws.
4.1 The Customer shall:
4.2 If the Supplier’s performance of its obligations under this agreement is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, consultants or employees, the Supplier shall not be liable for any costs, charges or losses sustained or incurred by the Customer that arise directly or indirectly from such prevention or delay.
4.3 The Customer shall be liable to pay to the Supplier, on demand, all reasonable costs, charges or losses sustained or incurred by the Supplier (including any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) that arise directly or indirectly from the Customer’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under this agreement and/or failure to comply with the Data Protection Laws as required under the terms of this Agreement, subject to the Supplier confirming such costs, charges and losses to the Customer in writing.
4.4 The Customer shall not, without the prior written consent of the Supplier, at any time from the date of this agreement to the expiry of 12 months after the Agreement, solicit or entice away from the Supplier or employ or attempt to employ any person who is, or has been, engaged as an employee of the Supplier in the provision of the Services.
4.5 The Customer warrants that it shall ensure that any Personal Data it passes to the Supplier and/or the Insurer shall be permitted to process the Personal Data lawfully for the purposes of the Data Protection Laws, and shall provide any evidence required to prove consent or the provision of information on processing.
4.6 The Customer shall indemnify the Supplier and the Insurer against any and all costs they may incur (without being limited to any fines or claims or damages) as a result of breach of this clause.
5.1 In consideration of the provision of the Services by the Supplier to the Customer, the Supplier shall receive commissions from the Insurer.
5.2 The Customer shall pay the charges for the Guarantee Insurance as set out in the pricelist referenced QAS12.
5.3 The premium for the insurance cover shall be the amount set out in the pricelist with reference QAS12, as amended from time to time in accordance with clause 5.4. The Customer shall pay the price to the Supplier (without deduction or set‐off). The Supplier shall invoice the Customer for the charges that are then payable, together with IPT, where appropriate.
5.4 The Insurer may increase the charges set out in the Pricelist Referenced QAS12 and the Supplier shall then collect the amended charges. The Supplier shall give the Customer written notice of any such increase one month before the date of that increase. If the increase is not acceptable to the Customer, it may, within one month of such notice being received or deemed to have been received in accordance with clause 20, terminate the agreement by giving one month’s written notice to the Supplier.
5.5 The Customer acknowledges that they shall pay for each registration for insurance cover that is submitted to the Supplier, in full and in cleared funds by a daily direct debit (or by some other means as agreed in writing between the parties).
5.6 Without prejudice to any other right or remedy that it may have, if the Customer fails to pay the Supplier on the due date, the Supplier may:
5.7 All sums payable to the Supplier under this agreement shall become due immediately on its termination, despite any other provision. Clause 5.7 is without prejudice to any right to claim for interest under the law, or any such right under this agreement.
All Intellectual Property Rights and all other rights including the Registration Hub shall be owned by the Supplier. The Supplier licenses the Customer to use the Registration Hub in the manner specified by the Supplier free of charge, and on a non‐exclusive basis to such extent as is necessary to enable the Customer to make reasonable use of the Services. If the Supplier terminates this agreement, this licence will automatically terminate.
7.1 The Customer shall keep in strict confidence all information which is of a confidential nature and has been disclosed to the Customer by; the Supplier, its employees, agents, consultants or subcontractors and any other confidential information concerning the Supplier’s business or its products which the Customer may obtain.
7.2 The Customer may disclose such information:
7.3 The Customer shall ensure that its employees, officers, representatives, advisers, agents or subcontractors to whom it discloses such information comply with this clause 7.
7.4 The Customer shall not use any such information for any purpose other than to perform its obligations under this agreement.
7.5 All materials, equipment, specifications and data supplied by the Supplier to the Customer (including Pre‐existing Materials) shall, at all times, be and remain the exclusive property of the Supplier.
8.1 Nothing in this agreement limits or excludes the Supplier’s liability for:
8.2 Subject to clause 8.1 the Supplier shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty or, otherwise arising under or in connection with this agreement for:
8.3 The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this agreement.
9.1 The Customer shall collect such Personal Data from its Clients as is required to enable the provision of the Services. The Customer shall disclose such Personal Data and any other information which may reasonably be regarded as necessary or desirable to enable the provision of the Services to the Supplier (who may in turn disclose the same to the Insurer and third parties deemed necessary in order to service the ongoing relationship).
9.2 The Customer will provide each of its Clients with all of the information required by the Data Protection Laws, including the identity of any data protection representative it may have appointed, the purposes for which their personal data will be processed, the personal data which will be processed by the Supplier, the lawful basis for all processing and any other information which is necessary. Furthermore, it shall indemnify and keep indemnified (and defend at its own expense) the Supplier against all costs, claims, damages or expenses incurred by the Supplier or for which the Supplier may become liable due to any failure by the Customer, its employees or agents to comply with any of its obligations under this sub‐clause 9.2.
9.3 Both parties will comply with the Data Protection Laws (as the same may be amended, updated or replaced from time to time), save where the Supplier relies on the Customer.
10.1 Without affecting any other right or remedy available either party may terminate this agreement at any time on giving 1 month’s written notice with termination to occur 1 month from the date of the said notice.
10.2 Without prejudice to any other rights or remedies which the Supplier may have, the Supplier may terminate this Agreement immediately without liability to the Customer on giving written notice to the Customer if;
10.3 Without prejudice to any other rights or remedies which the parties may have, either party may terminate this agreement without liability to the other immediately on giving notice to the other if:
11.2 The corresponding obligations of the other party will be suspended to the same extent.
11.3 Any party that is subject to a Force Majeure Event shall not be in breach of this agreement provided that:
11.4 If the Force Majeure Event prevails for a continuous period of more than 1 month, either party may terminate this agreement by giving 14 days’ written notice to the other party. On the expiry of this notice period, this agreement will terminate. Such termination shall be without prejudice to the rights of the parties in respect of any breach of this agreement occurring prior to such termination.
12.1 Subject to clause 12.2, no variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of the parties.
12.2 The Supplier may vary the terms of this agreement on the provision of 30 days’ notice to the Customer at any time. The Customer may terminate the agreement by notice provided within 14 days of the notice varying the terms.
13.1 A waiver of any right or remedy under this agreement is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under this agreement, or by law, shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.
13.2 No single or partial exercise of any right or remedy provided under this agreement or by law shall preclude or restrict the further exercise of any such right or remedy.
Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.
15.1 If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part‐provision shall, to the extent required, be deemed to be deleted and the validity and enforceability of the other provisions of this agreement shall not be affected.
15.2 If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties’ original commercial intention.
16.1 This agreement constitutes the entire agreement between the parties and supersede[s] and extinguishes all previous drafts, arrangements, understandings or agreements between them, whether written or oral, relating to the subject matter of this agreement.
16.2 Each party acknowledges that, in entering into this agreement, it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that its only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) shall be for breach of contract.
16.3 Nothing in this clause shall limit or exclude any liability for fraud.
17.1 The Customer shall not, without the prior written consent of the Supplier, assign, transfer, charge, mortgage, subcontract or deal in any other manner with all or any of its rights or obligations under this agreement.
17.2 The Supplier may at any time assign, transfer, charge, mortgage, subcontract, or deal in any other manner with all or any of its rights or obligations under this agreement.
17.3 Each party that has rights under this agreement is acting on its own behalf and not for the benefit of another person.
Nothing in this agreement is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other. Neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
Save for the indemnities available to the Insurer, a person who is not a party to this agreement shall not have any rights under or in connection with it.
20.1 A notice given to a party under or in connection with this agreement:
(ii) sent by commercial courier; or
(iii) sent by pre‐paid first‐class post or recorded delivery; or
(iv) sent by email.
20.2 The addresses for service of a notice or other communication are as follows:
(ii) for the attention of: The Support Team
(iii) email address: info@qualitymark.co.uk
20.3 If a notice has been properly sent or delivered in accordance with this clause, it will be deemed to have been received as follows:
20.4 To prove delivery, it is sufficient to prove that:
21.1 This agreement and any dispute or claim arising out of or in connection with it (or its subject matter or formation including non‐contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
21.2 The parties irrevocably agree that the courts of England and Wales shall have jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement (or its subject matter or formation including non‐contractual disputes or claims). This agreement has been entered into on the date stated at the beginning of it.
The Customer must co-operate and offer assistance to the Supplier when it carries out any certification and accreditation checks. Failure to do so will restrict the supply of services to the Customer.
Customers carrying out installations must be appropriately qualified to do so and provide the Supplier with appropriate certification as evidence that they are qualified.
PAS certified installers must at all times operate within the Suppliers QA Framework (published as a separate document).
The Customer must only install products that have been approved and certified by an approved European Organisation for Technical Assessment body or has been approved by the Supplier. Customers must send the product information to the Supplier prior to the installation of the product in order for the Supplier to approve the product for Insurance Backed Guarantees or Deposit Protection Insurance.
The Suppliers pricing for services can be found on the Pricelist referenced QAS12. The Supplier will only supply the insurance to appropriately approved and accredited Customers. Deposit Protection Insurance may be subject to additional financial approval.
In addition, the Supplier will charge a £1.75 + VAT Registration Fee for any registration made.
All prices quoted are subject to Insurance Premium Tax (IPT) at the prevailing rate.
The Supplier provides the Customer with insurances for domestic residential homes only. The Supplier defines a domestic residential home as an individual residential dwelling, such as a house or a flat used for domestic purposes only.
Before the Customer can access or use the Registration Hub, a Direct Debit must be setup. The Direct Debit mandate information must be completed, unless the Parties have agreed in writing an alternative arrangement and means for payment.
A daily Direct Debit will be initiated on the next working day following any registrations. These payments will accrue towards, and be listed, on the monthly summary invoice. The Direct Debit shall be taken from the Customer’s nominated bank account.
The Supplier will produce a monthly summary invoice on the 1st week of each new calendar month containing all charges applicable. The summary invoice will be available to download from the Registration Hub.
Qualitymark Protection Ltd are authorised and regulated by the Financial Conduct Authority, our registered number is 629677. This can be checked by visiting the Financial Service Register (https://register.fca.org.uk). Our registered address is Chatsworth House, Ackhurst Business Park, Foxhole Road, Chorley, PR7 1NY. Company Registration 03230676. Registered in England.