INSTANT POLICIES is an online service
made available free of charge to you by us enabling you to apply
for policies online and download (also emailed to you) our issued policy immediately
afterwards. We give no assurance that the
facility will always be available nor do we accept liability for
its unavailability for whatever reason and we further retain the
right to withdraw or amend the facility on a wholesale or
selective basis.
“We/Our/Us” refers to Alliance
Indemnities Limited (full details at bottom of page), acting as agent of the insurer of any
policy which you apply for using the INSTANT POLICIES
system; and
“You/Your” refers to the professional
firm or individual conveyancing practitioner including all
employees working with their authority or under their direction
or supervision as named in the
online registration application form.
Your acceptance of these Terms and
Conditions will be demonstrated when you tick the necessary box
in your on-line registration request. Your registration
application to use the INSTANT POLICIES online service will not
be processed if you do not confirm acceptance of the Terms and
Conditions.
1. You warrant and represent to us on
submission of your registration application and on a continuing
basis each time you apply for insurance using the INSTANT
POLICIES online service that:
(a) You are an “authorised
practitioner” or officer, member or employee of such
practitioner, of a firm or company which is an authorised
practitioner pursuant to the Legal Services Act 2007 or is/are otherwise permitted to provide
conveyancing services in England and Wales pursuant to that Act,
to the Solicitors Act 1974 or the Administration of Justice Act
1985;
For the avoidance of doubt the
INSTANT POLICIES online system can only be used for residential
properties located in England and Wales.
(b) You are either
i) authorised and regulated by
the Financial Conduct Authority (FCA) in relation to
non-investment business or
ii) regulated in relation to
insurance mediation activity by a Designated Professional Body
as defined under Section 326 of the Financial Services and
Markets Act 2000 (e.g The Law Society) and you are recorded as
such on the register maintained by the FCA
(c) Your arranging legal indemnity
insurance is incidental to your provision of conveyancing or
other legal services to your clients
2. In accessing INSTANT POLICIES
online service and applying for insurance you are
acting on your client’s behalf and not on behalf of us or the
insurer. You have no authority to obtain any document or make
any commitment on our behalf or that of the insurer other than
to apply for policies of insurance issued by us
following your online application.
3. You are responsible for payment of
all insurance premiums (including Insurance Premium Tax payable
thereon) for policies issued by us in response to your
online application.
Within 10 days of the Start Date
(or
such other period agreed in writing with us) of
such a policy you will pay the
premium by client account cheque or bank transfer to us.
4. When submitting an application to us you are confirming
that all the Standard Criteria are satisfied to the best of your
knowledge. If this is not the case or the value of the property
exceeds £3m you will need to contact us for a bespoke quotation.
5. No commission is payable in
respect of insurance obtained using the INSTANT POLICIES online
service.
6. In respect of the provision of
insurance to your client and in relation to any data we hold
about you and/or your nominated users we are the data controller
for the purposes of the Data Protection Act 1998. In relation to
your application for insurance on behalf of your client, you are the
data controller for the purposes of the Data Protection Act
1998. Neither you nor we are data processor on behalf of the
other.
7.
We undertake not to use
information about your client submitted via the INSTANT POLICIES
system for the purpose of contacting your client with
solicitations for any insurance or other product.
8.
You do not have authority to
reproduce our logo other than on materials produced by us or by
the INSTANT POLICIES system.
9.
Your permission to use the INSTANT
POLICIES online system is limited as set out in these
conditions. You must not alter or amend in any way the records,
documents and policy wordings as set out online or received by
email.
10.
You may not delegate transfer or
sub-contract your permission to use the INSTANT POLICIES online
system to any other person.
11.
You must tell us immediately by
email at alliance.indemnities @btconnect.com if you cease to be eligible to use the INSTANT POLICIES
online system.
12.
We do not accept liability for
incorrect information on your policy application form.
13.
We may amend these conditions at
any time and with immediate effect. Notification of the change
will be sent to all registered users by email.
14. All
our policy wordings have been kept to 2 pages and are simply
expressed. We recommend that for regulatory compliance purposes
the full policy wording is provided to your clients rather than
a policy summary.
15. Any failure by any party to
enforce any of its rights under these conditions shall not be
deemed to be a waiver of any such rights or operate so as to bar
the subsequent exercise or enforcement of any such right.
These Terms and Conditions shall
be governed by and construed in accordance with the Laws of
England and the parties hereto submit to the exclusive
jurisdiction of the Courts of England & Wales.
Alliance Indemnities Ltd is registered in
England no 7699202, registered office 71 High Street Heathfield East
Sussex TN21 8HU
Alliance Indemnities Ltd is authorised and
regulated by the Financial Conduct Authority, reference number 593977
Where used alone Alliance shall also mean
Alliance Indemnities Ltd