OUR TERMS OF BUSINESS
(Theatre Producers, Group Personal Accident and Travel, First Night and First Step)

Terms of Business Agreement

The following Terms of Business Agreement sets out the basis on which Israel Gordon & Co Ltd. will provide business services to you as a commercial client of the firm.

Who we are

Gordon & Co is a trading name of Israel Gordon & Co Ltd.
First Night is a trading name of Israel Gordon & Co Ltd.

“Gordon & Co” including First Step and First Night (also referred to in this Notice as “we", "us", or "our") means Israel Gordon & Co Ltd.

Please contact us immediately if there is anything in these terms of business which you do not understand or with which you disagree. We are happy to answer any questions and willing to explain these terms and the reasons for them.

YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS OF BUSINESS UNLESS YOU ADVISE US OTHERWISE WITHIN 7 DAYS OF RECEIPT.

Contact us

Website: www.gordonandco.co.uk
www.firstnightinsurance.co.uk
www.firststepinsurance.co.uk
Email: enquiries@gordonandco.co.uk
Address: 2 Sekforde Court,
217 St John Street,
London,
EC1V 4LY
Telephone: 020 7251 2255 / 020 7251 1001 (dedicated First Night telephone number)
Fax: 020 7251 1477


About Us

We are authorised and regulated by the Financial Conduct Authority (FCA) as an insurance intermediary. Our Firm Reference Number is 310115. We are permitted to arrange, advise on, deal as an agent of insurers and clients and assist in claims handling with respect to non-investment insurance policies. We are also authorised by the FCA for credit broking. We act for a number of lenders. You can check these details online using the Financial Services Register at https://register.fca.org.uk/ or by contacting the FCA Consumer Helpline on 0800 111 6768.

Explaining our Scope of Service

Israel Gordon & Co. Ltd. is an independent Insurance Intermediary and we act on your behalf in arranging your insurance requirements. We aim to act in your best interests at all times. We act on behalf of insurers in collecting your premium and passing it on to insurers. Our service includes the provision of advice on your insurance needs, arrangement of your insurance cover with Insurers to meet your requirements and help with any ongoing changes that may be necessary. As part of our service we will assist with any claim which you may need to make. We offer a wide range of Commercial, and Personal insurance products and have access to leading Insurers in the marketplace.

For the following classes of insurance: Theatre Producers; Group Personal Accident and Travel; First Night Insurance package and First Step package, and to ensure our clients benefit from a strong insurer relationship, we offer this class of insurance from just one leading insurer, namely, Zurich Insurance plc. When we arrange your insurance we will inform you of the nature of the service we provide. This will usually be either:
(a) a personal recommendation to buy the policy, on the basis that the product suitably meets your specific demands, needs and requirements
(b) information only about the policy, without giving you advice or a personal recommendation.

Whilst we act on your behalf in arranging your insurance, we are permitted to bind cover and issue documents on behalf of the insurer.

Your Duty of Disclosure

(i) Non-consumer customers (commercial customer): Where we arrange insurance wholly or mainly for purposes related to your trade, business or profession, you have a duty under The Insurance Act 2015 to make a fair presentation of the risk. This means that you must disclose every material circumstance which you and/or your senior management and/or anyone responsible for arranging your insurance know or ought to know. Alternatively, you must disclose sufficient information which would put the insurer on notice that it needs to make further enquiries for the purpose of revealing those material circumstances. You are expected to carry out a reasonable search in order to make a fair presentation of the risk and will be deemed to know what should reasonably have been revealed by the search.

Your duty of fair presentation applies at the start of the policy, at renewal and when any variation of the policy is arranged. If you fail to make a fair presentation, the insurer may refuse to pay your claim or reduce the settlement amount, depending on the circumstances.

How to cancel

Please contact us immediately if you wish to cancel any insurance policy we have arranged for you. You may have a right to cancel a policy without penalty within the first 14 days (or, in some cases, longer). Please refer to your policy summary or your policy document for further details. If you cancel within this initial cancellation period (where this applies) you will receive a pro rata refund of premium from the insurer. However, insurers are entitled to make an administrative charge. In addition, we may charge an amount which reflects the administrative costs of arranging and cancelling the policy.

If you choose to cancel other than within an initial cancellation period you may not receive a pro-rata refund of premium. In addition, we may charge an amount that reflects the administrative costs of arranging and cancelling the policy.

Protecting your information

We take your privacy extremely seriously and we will only use your personal details in line with our Privacy Notice. Please read our Privacy Notice carefully which can be found by visiting our website www.gordonandco.co.uk and contact us immediately if you have any queries. Your personal information includes all of the details you have given us to process your insurance policy (we will not ask for more information than is necessary). We may share your data with Third Parties for the provision and ongoing performance of your insurance policy. Your data may be transferred outside the UK. We will not sell, rent or trade your data under any circumstances. All of the personal information you supply to us will be handled strictly in accordance with the applicable Data Protection regulations and legislation.

How to claim

Please refer to your policy summary or your policy document if you need to notify a claim. You should contact us or the insurer direct as soon as you become aware of any incident which could give rise to a claim. If in doubt about whom you should contact, or if you require our assistance in relation to a claim or potential claim please contact us.

Fees and charges

In respect of First Night and First Step the following administration fees apply:

In respect of all other Gordon & Co policies we do not normally make charges, in addition to the premiums charged by Insurers. Should we seek to make an additional charge, however, full details of any proposed additional charge will be given to you before you make any commitment on any product or service we offer.

If you pay your premium by Insurers’ Instalment Plan, they will inform you of any additional fees, charges or interest as part of your credit arrangements.

Our earnings

In return for placing business with insurers and/or underwriters and/or other product providers, we receive a commission from them which is a percentage of the annual premium you are charged. We may be entitled to receive a profit commission from the insurer, although this is not guaranteed.

Occasionally we may also receive a bonus/training and/or marketing support from insurers although this is not always guaranteed.

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.

Block transfers

In respect of some classes of insurance we may operate block insurance arrangements in order to provide competitive terms. This is where we place all insurances of a certain type with one insurer who can provide particularly competitive terms for all our customers. On occasions it will be necessary for us to transfer such blocks from one insurer to another
where this is beneficial for our clients. This Terms of Business Agreement constitutes both your acceptance that we may do this and your prior request for us so to do.

Protecting your money

Prior to your premium being forwarded to the insurer (or forwarded to you in the event of a premium refund) we generally hold your money as an agent of the insurer with whom we arrange your insurance. Where we hold premium as the agent of the insurer it is regarded as received by the insurer. If we are not acting as an agent of the insurer when we receive your premium, we shall hold it as client money in trust for you within a client bank account with an approved bank. Our client bank account(s) may contain other clients’ money and money we hold as an agent of insurers. In line with strict FCA rules, our client bank account(s) is/are rigorously monitored in order to segregate and safeguard client money. We shall only withdraw commission after we have received the premium from you and in accordance with FCA regulations and agreements that we hold with insurers. We reserve the right to retain interest earned on our client bank accounts.

We are permitted to advance credit to other customers from monies we hold in a non-statutory trust client bank account. A copy of the trust deed under which our non-statutory client bank account has been established is available on request. You must notify us if you do not wish your money to be handled in this way.

By accepting this Terms of Business Agreement, you are giving your consent for us to treat your money in this way. Please notify us immediately if you have any objection or query.

Complaints

It is our intention to provide you with a high level of service at all times. If, however, you have reason to make a complaint about our service you should, in the first instance, contact Robert Israel, Managing Director, Gordon & Co, at the address/telephone number shown on this Terms of Business. You may be entitled to refer your complaint to the Financial Ombudsman Service. Further information is available at http:/www.financial-ombudsman.org.uk. You can contact the Financial Ombudsman Service by telephone on 0800 0234 567 and further information is available at http://www.financial-ombudsman.org.uk/. If you do decide to refer any matter to the Financial Ombudsman Service your legal rights will not be affected. We will provide a summary of our complaints handling procedures should you make a complaint which we cannot resolve informally and at any other time, upon your request.

Compensation arrangements

We are covered by the Financial Services Compensation Scheme (FSCS). You 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 the claim. Insurance advising and arranging is covered for 90% of the claim, without any upper limit. For compulsory classes of insurance, insurance advising and arranging is covered for 100% of the claim, also without any upper limit. The compensation scheme does not apply to consumer credit. Further information about compensation scheme arrangements is available from the FSCS on 0800 678 1100 or 020 7741 4100 or by visiting http://www.fscs.org.uk/

Money laundering/Proceeds of crime

We are obliged to report to the National Crime Agency any suspicion of money laundering or terrorist financing activity and we are prohibited from disclosing any such report.

Anti-bribery and corruption

We operate in compliance with the UK Bribery Act 2010 and we are committed to the avoidance and discovery of bribery.

Adequacy of insurance values / Indemnity Period

It is the responsibility of the insured to ensure that all sums insured, policy limits and indemnity periods are adequate. It is strongly recommended that the appropriate Professional (e.g. Surveyor/Accountant) be consulted to ensure that the sums insured and limits under the policy are suitable.

Conflicts of interest/Customers best interests

As insurance brokers we generally act as your agent in advising you, arranging your insurance and assisting you in the event of a claim; we will always act honestly, fairly and professionally ensuring your best interests are our priority. In certain circumstances we may act for and owe duties of care to insurers and/or other parties. Where we become aware of any actual or potential conflict of interest with our duty to you, we will inform you of the situation, the options available to you and obtain your consent before we proceed.

Insurer security

The insurers we use are regulated and are required to have adequate capital resources. However, we cannot guarantee the solvency of any insurer with whom we place business. An insolvent insurer may be unable to pay claims or may be unable to pay them in full and you may have to pay a further premium to pay for alternative insurance cover.

E-mails

To provide our services we may communicate with you and with other parties via e-mail. We can now offer our clients an encrypted email capability for secure communication. Please let us know if you wish to take advantage of this service. It is agreed by both “you” and “us” that there are inherent risks of interception in any electronic-mail system, and neither party
will therefore hold the other responsible for any losses suffered by the other party (whether direct or consequential) arising from such risks, subject to adherence to any data security requirements imposed by law.

Termination

You or we may terminate authority to act in connection with your insurance arrangements at any time. Notice of termination must be given in writing and will be without prejudice to the completion of any transactions already commenced. Any business currently in progress will be completed unless we receive instructions to the contrary. Any premiums or fees outstanding will become payable immediately. In circumstances where we feel we cannot continue providing services to you, we will give you a minimum of 7 days’ notice.

Third Party Rights

No term of this Agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999 unless otherwise agreed by us in writing.

Sanctions

We will comply with all sanctions regimes and legislation which affect us and you are advised that, where obliged by applicable sanctions or other related requirements, we may have to take certain actions which include, but may not be limited to, an inability to provide Services to you (such as placing a risk on your behalf, being unable to act for you in the performance of your policy, effecting monetary transactions in respect of risks that we have arranged for you
or collecting a claim for you because funds have been frozen and are thus unavailable). We reserve the right to terminate our business relationship if so required by sanction’s legislation.

Law and jurisdiction

These Terms of Business shall be governed by and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the courts of England and Wales.