Terms of Business
Chill Insurance Limited
These terms of business set out the terms under which Chill Insurance Limited t/a Chill Insurance ("Chill Insurance") will provide insurance and investment services to you. Please ensure that you read through this document carefully. If you require further clarification regarding any matter we will be happy to deal with your queries. These terms shall apply to any service provided to you by Chill Insurance and will remain in force until further notice. They also contain details of our regulatory and statutory obligations and the respective duties of both Chill Insurance and you in relation to such services. Please note that by proceeding with your Chill Insurance quotation or policy you agree to the terms as laid out in this Terms of Business document. By accepting these Terms of Business you acknowledge that you have read and understand them; and you have read and understand the information contained within your chosen quotation and/or policy, which is also contractually binding on you.
Regulatory & Authorised Status
Chill Insurance Limited t/a Chill Insurance, Chill Insurance House, Ravenscourt Office Park, Sandyford, Dublin 18 Tel: 01 4003400 / 1890302020 Fax: 01 2799851, Email: firstname.lastname@example.org Website: www.chill.ie ("our Website") is an independent insurance intermediary and provides the following services:
Advising on the selection of Life and Non Life insurance products best suited to its clients’ needs. Receiving and transmitting orders to insurance companies. Advice to clients is based on a fair analysis of the available market. This means that we will identify and select a suitable insurance company and on receipt of your instructions we will transmit orders on your behalf to one or more insurance companies. The following products are not offered on a fair analysis basis: Travel Insurance, School Insurance and Bicycle Insurance are provided by AIG Europe Ltd; Health Insurance is provided by Aviva Insurance Ltd. Breakdown Assist and Home Protect are provided by Mapfre Assistance and Gadget insurance is underwritten by Zurich Insurance. Marine insurance is offered on a limited analysis basis. For business insurance where the premium value is €1500 or less we will provide a limited analysis of the market. Where the premium value is greater than €1500 a fair analysis of the available market will be conducted.
Chill Insurance is registered under the European Communities (Insurance Mediation) Regulations 2005 and is authorised by the Central Bank of Ireland as a Multi-Agency Intermediary under section 10 of the Investment Intermediaries Act 1995 (as amended) to provide the services of a Multi-Agency Intermediary. Chill Insurance is also authorised to act as a deposit broker and to give advice in relation to deposits. Chill Insurance is subject to and must comply with the Central Bank of Ireland’s Consumer Protection Code 2012, Fitness and Probity Code and Minimum Competency Code. The Consumer Protection Code 2012 offers protection to consumers and all the codes are available for inspection on the Central Bank of Ireland’s web site www.centralbank.ie. We hold professional indemnity insurance to the level of €10,000,000 Chill Insurance is registered with the Competition & Consumer Protection Commission as a credit intermediary for Close Brothers Premium Finance (Ireland) Limited to arrange the provision of credit.
Chill Insurance is a member of the Investor Compensation Company Ltd (ICCL) scheme established under the Investor Compensation Act, 1998 (as amended) (the "Act"). A right to compensation will only arise where money or investment instruments held by us on your behalf cannot be returned either for the time being or for the foreseeable future and where you fall within the definition of eligible investor as contained in the Act. In the event that a right to compensation is established, the amount payable is the lesser of 90% of your loss, which is recognised as being eligible for compensation, or €20,000.
Irish Brokers Association Compensation Fund
As a member of the Irish Brokers Association, Chill Insurance is also a member of the IBA Compensation Fund Ltd. Subject to the rules of the scheme the liabilities of its member firms up to a maximum of €100,000 per client (€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 ICCL (established by law) has failed to adequately compensate any client of the member.
Handling Clients’ Money
Chill Insurance will accept payments by cheque or by credit/debit card in respect of all classes of insurance in the circumstances permitted under Section 25G of the Investment Intermediaries Act, 1995 (as amended). Chill Insurance is not authorised to accept negotiable instruments in any other circumstances. Premiums are due on or before renewal date or inception date of the policy or before any policy changes which result in an additional charge. It is your responsibility to ensure that your payment has reached us and that your policy has been incepted/renewed/amended. If we do not receive your renewal payment on or before your renewal date, your policy will lapse and no cover will be in place. Chill Insurance will not charge or refund customers where there is an outstanding balance amounting to €1 or less. Where payment is made to Chill Insurance by credit or debit card, any subsequent refund due may be refunded to the card used to make the payment.
All quotations are valid for the day the quotation is offered. All quotations and cover are issued subject to acceptance by the insurer. A full copy of the insurers’ policy wording, terms and conditions is available upon request. Please note full disclosure of all material facts, including medical history and claims, must be made before taking out a policy and at renewal and throughout the life of a policy and therefore you must inform us of any changes in circumstances which may affect the services we provide and the cover provided by the insurance company. You are responsible for providing complete and accurate information in connection with any proposal for cover. Failure to disclose all relevant information, or misrepresenting any fact which may influence the decision to accept the risk or the terms offered could result in your policy being cancelled, claims not being paid, difficulty in getting insurance elsewhere and in the case of property insurance failure to have property insurance in place could lead to a breach of the terms and conditions attaching to any loan secured on the property.
Quotations sought through the Chill Insurance website are provided based on certain assumptions. Payment for a quotation sought through the Chill Insurance website does not constitute evidence of cover, you will be contacted by phone following receipt of your payment to reconfirm your details and have your policy arranged. Cover does not come into force until it has been confirmed to you by Chill Insurance. The terms of your chosen policy shall take precedence over any statement, representation, act or omission which may have been made by Chill Insurance and which conflicts with any terms of your chosen policy. You must check all details on any proposal form or statement of facts and pay particular attention to any declaration you are asked to sign. It is important that you read all documents issued to you and ensure that you are aware of the cover, limits, warranties, conditions and other terms that apply. Failure to disclose all relevant information could result in your policy being cancelled, claims not being paid and difficulty in getting insurance elsewhere.
Chill Insurance reserves the right to request any facts about you which it reasonably believes it needs to know in order to comply with the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (as amended).
Chill Insurance is remunerated by a professional fee for the initial work and time spent in seeking the most suitable terms, product and insurance company for your specific needs. An administration fee is also charged for the activity involved in the renewal of the policy and any alterations that take place during and at termination of a policy. Our fees are outlined below. We are usually remunerated by commission received from insurance companies for work involved in placing an order and finalising the product on your behalf and for the provision of advice regarding life and non life business. Commission is deemed fully earned by Chill Insurance at inception and/or renewal of every policy. Chill Insurance may be in receipt of override commissions from Insurers, details of which are available on request. The amount of commission receivable by Chill Insurance under any non-life policy of insurance is available on request. Fees are charged on the under noted scale, and cover the sourcing of the product, administration costs, claims handling and standard advice on product placement. Clients may pay in full for the service provided by means of a fee which will be agreed, in writing, with the client by Chill Insurance in advance of the provision of service. The amount of any commission received by Chill Insurance will not be deducted from any fee payable. All prices quoted by Chill Insurance are inclusive of 5% Government Levy, where applicable.
|Non-Life Personal Insurance:||Fee|
|* New Business & Renewal Set up Charge||Up to €100|
|Policy Amendment or Cancellation Charge||Up to €50|
|Duplicate documentation||Up to €25|
|Non-Life Commercial and/or Business Insurance:|
|New Business & Renewal Set up Charge up to 50% of premium subject to a minimum of €50|
|Policy Amendment or Cancellation Charge up to 30% of premium subject to a minimum of €30|
|Duplicate documentation up to €25|
Where separate premium finance agreements are arranged for you via a premium finance provider we may earn additional commission of up to 4.5% of the annual premium. Should there be a default of a direct debit payment; Chill Insurance will charge a fee for recovery of the defaulted payment of up to €25. In the event that the loan is to be reinstated following a default, a charge of up to €40 will be applied.
* Please note the New Business and Renewal standard set up charge is non refundable.
In respect of life assurance protection contracts we are remunerated by commission paid by the life company. If a policy is being taken out with Chill Insurance to replace an existing policy not in the agency of Chill, we are not responsible for the cancellation of the existing policy or any overlap of premium that may occur when the new policy is put in place with the chosen life company. A client must organise the cancellation with the Life company involved directly or with the broker who is named on the existing policy. All premiums quoted on application are quoted on the basis a client is accepted at standard rates and quotes are only valid for 7 days.
Where the Client Fails to Pay
Where the client fails to pay or defaults we reserve the right to instigate cancellation proceedings in the event of the following:
- Your non payment of the premium due at inception, renewal or following an alteration
- Your bank returns your cheque due to insufficient funds or any other reason
- Direct Debit default
- Non disclosure of relevant information
- Provision of incorrect or inaccurate information
- Non return of necessary documentation within the required timeframe
- Insurer imposed cancellation
In the event that you fail to pay and/or fail to provide us with a completed and signed direct debit mandate within the required timeframe, we will advise the insurance company involved and cover will be cancelled. Insurance companies may withdraw cover on default of any payments due under any products arranged for your benefit. Details of these provisions will be included in your policy/product terms and conditions. If you have a loan with Close Brothers Premium Finance, the rebate from the product provider will be added to your loan account and then the outstanding balance or refund will be determined. Chill Insurance will take such steps as may be necessary to recover any monies due to us including the instigation of legal proceedings, the appointment of a receiver and all other rights available to us. Should there be a default of a direct debit payment Chill Insurance will charge up to €25 fee for recovery of the defaulted payment. In the event that the loan is to be reinstated following a default, a charge of up to €40 will be applied.
You confirm that Chill Insurance is authorised to accept instructions on your policy/quotation from any person(s) whom Chill Insurance may reasonably believe are acting on your behalf.
Either party may, at any time, cancel the policy. If you wish to cancel your policy, you must send written instructions to Chill Insurance. For Private and Commercial Motor Insurance, you must return your Insurance Certificate and Disc before your policy can be cancelled. Chill Insurance may instruct your insurers to cancel your policy. If this happens, you will be issued with prior written notification to your last known address. Chill Insurance will enforce cancellation of a policy due to, but not limited to, non payment, non disclosure, provision of incorrect information over the phone and online or where the necessary documentation is not submitted within a required time frame. If you cancel during the first year of insurance (outside the cooling off period) short term rates apply in accordance with the terms and conditions of your insurance policy. Please note – our set up charge is non refundable and a cancellation charge (details of which are set out above) will apply to all cancellations (outside the cooling off period). The cancellation charge will be deducted from any rebate due to you prior to being issued to you. This will be agreed with you in each instance.
Cooling Off Period
A consumer (as defined by SI No 853 of 2004) has the right to withdraw from an insurance policy (as defined under SI No 853 of 2004) within 14 days of the start date of the policy (except in the case of travel policies whose operative period is for one month or less) without penalty and without giving any reason. This is known as the cooling off period. For Life, Pension and Investment policies the cooling off period is 30 days from the start date of the policy. The right of withdrawal may be exercised by notice in writing to Chill Insurance quoting your policy number provided that no claim or adjustment has been made or is intended to be made or no incident has occurred which is likely to give rise to a claim or for travel policies. Should this right be exercised the insurance company may charge for the period you are on cover. For motor insurance the insurance certificate and disc must be received by Chill Insurance before the policy can be cancelled. Please note that the policy set up charge is non refundable if you choose to withdraw from the policy within the cooling off period.
Conflict of Interest
It is the policy of Chill Insurance to avoid any conflict of interest when providing business services to clients. However, where an unavoidable conflict may arise we will advise you of this in writing before providing any business service. If you have not been advised of any such conflict you may assume that none arises. Chill Insurance may be in receipt of soft and or enhanced commissions from insurers with whom we deal.
We take complaints made against us very seriously and maintain a procedure to ensure that complaints are dealt with promptly and fairly. All complaints should be addressed to The Complaints Officer, Chill Insurance House, Ravenscourt Office Park, Sandyford, Dublin 18. Chill Insurance will acknowledge in writing each complaint received within 5 business days of the complaint being received. Chill Insurance will provide the complainant with a regular written update on the progress of the investigation of the complaint at intervals of not greater than 20 business days. Chill Insurance will attempt to investigate and resolve the complaint within 40 business days of having received the complaint. When the 40 days has elapsed, if the complaint is still not resolved, Chill Insurance will inform the complainant of the anticipated timeframe within which Chill Insurance hope to resolve the complaint. At this point Chill Insurance will inform the complainant of their right to refer the matter to the Financial Services Ombudsman’s Bureau, 3rd Floor, Lincoln House, Lincoln Place, Dublin 2, Tel: 1890882090. Where Chill Insurance resolve the complaint, Chill Insurance will advise the complainant in writing, within 5 business days of the completion of the investigation of the complaint, the outcome of the investigation and where applicable explain the terms of any offer or settlement being made.
Limitation of Liability
We shall be liable to you for any losses, damages, reasonable costs or expenses (together the “Losses”) incurred by you arising directly from our negligence or omission with respect to the services that we provide but subject to the condition that the maximum aggregate liability that we will have to you (including any related company or affiliate of yours) for any and all Losses (or other claims arising in connection with the services that we provide) shall for all purposes whatsoever be limited to a maximum amount of €500,000. We shall not be liable in contract or in tort or in any circumstances to you (including any related company or affiliate of yours) in connection with the services that we provide for any special, indirect or consequential loss, loss of profits or damage to reputation.
The above noted limitation on liability shall not apply in circumstances where you are a consumer within the meaning of the Central Bank of Ireland’s Consumer Protection Code 2012 (the "Consumer Protection Code"). For the avoidance of doubt, when you are a consumer within the meaning of the Consumer Protection Code, these Terms of Business, including the above noted limitation on liability, shall not exclude or restrict, or seek to exclude or restrict:
- Any legal liability or duty of care to that consumer which we have under applicable law or under the Consumer Protection.
- Any other duty to act with skill, care and diligence which is owed to that consumer in connection with the provision to that consumer of financial services; or
- Any liability owed to that consumer for failure to exercise the degree of skill, care and diligence that may reasonably be expected of us in the provision of a financial service.
Chill Insurance reserves the right to amend these Terms of Business at any time but such amendments shall not affect any rights or obligations already accrued by you or Chill Insurance. Any such revision to these Terms of Business will be notified to you by publication on our Website. You will be provided with an up to date copy of the Terms of Business at the time of entering into or renewing your policy with Chill Insurance.
Either of us may terminate this Agreement by written notice at any time but such amendments shall not affect any rights or obligations already accrued by you or Chill Insurance. Any such revision to these Terms of Business will be notified to you by publication on our Website. You will be provided with an up to date copy of the Terms of Business at the time of entering into or renewing your policy with Chill Insurance.
We will contact you by email or provide you with information by posting notices on our Website. You accept that communication with us will be mainly electronic. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control including any act, event, non-happening, omission or accident beyond our reasonable control. Our performance under these Terms of Business is deemed to be suspended for the period that such event continues and we will have an extension of time for performance for the duration of that period.
If we fail to insist upon strict performance of any of your obligations under these Terms of Business, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms of Business, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of the terms of this Agreement shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing by our authorised personnel.
If any of the terms of these Terms of Business are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms of Business and any document expressly referred to in it constitutes the whole agreement between us and supersedes and replaces any previous arrangement, understanding or agreement between us relating to the subject matter of these Terms of Business.
These Terms of Business are subject to the laws of Ireland and the Courts of Ireland will have exclusive jurisdiction over any dispute.
Terms of Business valid from: August 2016
CEO: Michael McLaughlin, Directors: Padraig Lynch ACII, Seamus Lynch, Robert Healy, Orlagh Nevin.
Chill Insurance Limited t/a Chill Insurance is regulated by the Central Bank of Ireland.
Registered No. 506021.