Terms of Business Agreement

This page sets out the basis on which we will conduct insurance business and provide services to you. 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.

Who are we and how do we operate?

We are The Quality Assurance Service Co Ltd, Company No 03230676, Registered Office Northern Assurance Buildings, Albert Square, Manchester M2 4DN. We are an insurance intermediary providing access to the policies set out below.

The terms and conditions on which we operate are set out in this Terms of Business Agreement and the Terms and Conditions are set out below.

Who are we regulated by?

The Financial Conduct Authority (FCA) is the independent watchdog that regulates financial services. The Quality Assurance Service Co Ltd is authorised and regulated by the FCA. Our registered 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.

Our capacity and services

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.

Safe World Insurance Group International Limited own 75% of the share capital in Safe World Insurance Group (UK) Limited. We (The Quality Assurance Service Co Ltd) own 80% of the share capital in Safe World Insurance Group International 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.

What will you have to pay for our services (our remuneration)?

We derive our income from commissions paid to us in respect of the insurance placed on behalf of customers. In addition, we will charge a £10 administration fee for any amendment to a policy that occurs after 14 days following the policy’s inception.

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.

Disclosure of information to us

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.

Our right to set off monies you owe us

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).

Cancellation rights

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.

Complaints

Our objective is to provide a high standard of service to you at all times. However, we do recognise that things can occasionally go wrong. If this occurs, we are committed to resolving matters promptly and fairly. If you wish to register a complaint, please contact us:

  • In writing, to: The Support Team, The Quality Assurance Service Co, Centurion House, Leyland Business Park, Centurion Way, Farington, Leyland, PR25 3GR.
  • By telephone: 0345 340 0524

In all cases please quote your policy number or other reference we have given you. If you cannot settle your complaint with us, you may be entitled to refer it to the Financial Ombudsman Service.

Insurer solvency

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.

How to make a claim

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.

How we hold your money

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.

Are we covered by the Financial Services Compensation Scheme (FSCS)?

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

Your demands and needs and our recommendations

You are an Installer of property improvement products and applied to us, to enable you to purchase Deposit Protection Insurance policies and/or Insurance Backed Guarantee’s on behalf of the clients who you install property improvement products for.

You have passed our accreditation and we are willing to offer access to enable you to purchase these policies, subject to these Terms of Business. 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 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 these.

Our offer of access to Deposit Protection Insurance policies and/or Insurance Backed Guarantee’s does meet your requirement to provide your clients with these policies.

Clause 1: Interpretation

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.

Clause 2: Commencement and duration

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.

Clause 3: Supplier's obligations

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.

Clause 4: Customer's obligations

4.1 The Customer shall:

  • co‐operate with the Supplier in all matters relating to the Services and appoint the Customer’s Manager, who shall have the authority contractually to bind the Customer on matters relating to the Services and the Guarantee Insurance; and
  • provide, in a timely manner, such In‐put Material and other information as the Supplier may reasonably require, and ensure that it is accurate in all material respects; and
  • maintain any accreditations and certifications listed in Schedule 1; and
  • maintain a direct debit payment method with the Supplier in accordance with Schedule 3 unless otherwise agreed in writing; and
  • provide the completed and executed Direct Debit set up instructions as outlined at Schedule 3 of this Agreement; and
  • provide installation details and documents relating to installations when requested by the Supplier or the Suppliers auditors; and
  • ensure that all requirements of the Data Protection Laws are met to allow Personal Data on the Customer’s Clients to be passed to the Supplier and the Insurer in a manner where the Supplier or Insurer is the data controller of the data and in particular shall inform their Client that data will be passed to the Supplier and the purpose for processing; and
  • comply with the Data Protection Laws.

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.

Clause 5: Charges and payments

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:

  • claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 and the Customer shall pay the interest immediately on demand; and
  • suspend all Services immediately until payment has been made in full.

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.

Clause 6: Intellectual property rights

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.

Clause 7: Confidentiality

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:

  • to its employees, officers, representatives, advisers, agents or subcontractors who need to know such information for the purposes of carrying out the Customer’s obligations under this agreement;
  • as may be required by law, court order or any governmental or regulatory authority.

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.

Clause 8: Limitation of liability

8.1 Nothing in this agreement limits or excludes the Supplier’s liability for:

  • death or personal injury caused by its negligence;
  • fraud or fraudulent misrepresentation;
  • any liability under the Financial Services and Markets Act 2000;
  • any liability which cannot be limited by law.

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:

  • loss of profits;
  • loss of sales or business;
  • loss of agreements or contracts;
  • loss of anticipated savings;
  • loss of or damage to goodwill;
  • loss of use or corruption of software, data or information;
  • any indirect or consequential loss;
  • Subject to clause 8.1 (and clause 8.2), the Supplier’s liability to the Customer, whether in contract, tort (including negligence), for breach of statutory duty or, otherwise arising under or in connection with this agreement shall be limited to £10,000 in relation to any other claim.

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.

Clause 9: Data protection

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.

Clause 10: Termination

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;

  • the Customer suspends or ceases, or threatens to suspend or cease, to carry out on all or a substantial part of its business; or
  • there is a change of control of the Customer (as defined in Section 1124 of the Corporation Taxes Act2010); or
  • the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business.

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:

  • the other party fails to pay any amount due under this agreement on the due date for payment; or
  • the other party commits a material breach of any of the material terms of this agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified inwriting of the breach; or
  • We receive three or more upheld complaints from policyholders in relation to the customer workmanship; or
  • the other party suspends or threatens to suspend payment of its debts, is unable to pay its debts as they fall due, admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being a natural person) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply; or
  • the other party commences negotiations with all or any class of its creditors, with a view to rescheduling any of its debts, or makes a proposal for (or enters into) any compromise or arrangement with its creditors; or
  • a petition is filed, a notice is given, a resolution is passed, or an order is made for (or in connection with) the winding up of that other party; or
  • an application is made to court (or an order is made), for the appointment of an administrator, a notice of intention to appoint an administrator is given, or an administrator is appointed over the other party; or
  • a floating charge holder over the assets of that other party has become entitled to appoint, or has appointed, an administrative receiver; or
  • the Suppliers auditors / inspectors discover non-compliance to installation standards; or
  • a person becomes entitled to appoint a receiver over the assets of the other party, or a receiver is appointed over the assets of the other party; or
  • a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days; or
  • any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 10.3(d)to clause 10.3(j) (inclusive).

Clause 11: Force majeure

  • A party, provided that it has complied with the provisions of clause 11.3, shall not be in breach of this agreement, nor be liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond its reasonable control (Force Majeure Event), including but not limited to any of the following: acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster;
  • war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
  • terrorist attack, civil war, civil commotion or riots;
  • nuclear, chemical or biological contamination or sonic boom;
  • voluntary or mandatory compliance with any law (including a failure to grant any licence or consent needed or any change in the law or interpretation of the law);
  • fire, explosion or accidental damage;
  • loss at sea;
  • adverse weather conditions;
  • collapse of building structures, failure of plant machinery, machinery, computers or vehicles;
  • any labour dispute, including but not limited to strikes, industrial action or lockouts;
  • non‐performance by suppliers or subcontractors;
  • interruption or failure of utility service, including but not limited to electric power, gas or water;
  • the Supplier is unable to provide the insurance underwritten guarantees for whatever reason; and
  • the insurance underwriters no longer providing the Guarantee Insurances to the Supplier.

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:

  • it promptly notifies the other party in writing of the nature and extent of the Force Majeure Event causing its failure or delay in performance;
  • it could not have avoided the effect of the Force Majeure Event by taking precautions which, having regard to all the matters known to it before the Force Majeure Event, it ought reasonably to have taken, but did not; and
  • it has used all reasonable endeavours to mitigate the effect of the Force Majeure Event to carry out its obligations under this agreement (in any way that is reasonably practicable) and to resume the performance of its obligations as soon as reasonably possible.

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.

Clause 12: Variation

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.

Clause 13: Waiver

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.

Clause 14: Cumulative remedies

Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.

Clause 15: Severance

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.

Clause 16: Entire Agreement

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.

Clause 17: Assignment

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.

Clause 18: No partnership or agency

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).

Clause 19: Rights of third parties

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.

Clause 20: Notices

20.1 A notice given to a party under or in connection with this agreement:

  • shall be in writing in English (or accompanied by a properly prepared translation into English);
  • shall be signed by or on behalf of the party giving it; shall be sent for the attention of the person, at the address or fax number specified in this clause (or to such other address, fax number or person as that party may notify to the other, in accordance with the provisions of this clause); and
  • shall be: (i) delivered personally; or

                   (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:

  • Supplier: (i) address: The Quality Assurance Service Co, Centurion House, Leyland Business Park, Centurion Way, Leyland, PR25 3GR.

                    (ii) for the attention of: The Support Team

                    (iii) email address: info@theqas.co.uk

  • Customer: the registered office address or the email address provided by the Customer for notifications.

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:

  • if delivered personally, at the time of delivery; or
  • if delivered by commercial courier, at the time of signature of the courier’s receipt; or
  • if sent by email, at the time of transmission; or
  • if sent by pre‐paid post or recorded delivery, at 9.00 am on the second day after posting.

20.4 To prove delivery, it is sufficient to prove that:

  • if sent by email, the notice was transmitted by email to the email address of the party; or
  • if sent by pre‐paid first-class post, the envelope containing the notice was properly addressed and posted. The provisions of clause 20, shall not apply to the service of any process in any legal action or proceedings.

Clause 21: Governing law and jurisdiction

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.

Schedule 1: Certifications and accreditations required of the customer

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. 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.

Schedule 2: Pricing

The Suppliers pricing for services can be found on the Pricelist referenced QAS12. The Supplier will only supply the insurance to appropriately approved Customers. Deposit Protection Insurance is subject to additional financial checks and may require an upfront contingency payment from the Customer in order for the Supplier to provide to the Customer.

In addition, the Supplier will charge a £10 administration fee for any amendment to a policy that occurs after 14 days following the policy’s inception.

All prices quoted are subject to Insurance Premium Tax (IPT) at the prevailing rate.

The Supplier provides the Customer with insurances for domestic properties only. The Supplier defines a domestic property as an individual residential dwelling, such as a house or a flat used for domestic purposes only.

Schedule 3: Payments and direct debits

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 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.