Version 9 – TOB – Updated March 2021
These Terms of Business set out in general terms under which our firm will provide General Insurance and Financial Services business to you. It details the respective duties and responsibilities of both the firm and you in relation to such services. Please ensure to read these terms thoroughly and if you have any queries, please contact us and we will be happy to clarify any questions you may have. If any material changes are made to these terms we will notify you at the earliest opportunity.
We commit to providing you with an excellent and professional level of service. We believe in acting only in the best interest of our clients.
Alan Tierney & Partners Limited is regulated by the Central Bank of Ireland as an Insurance Intermediary registered under the European Communities (Insurance Distribution) Regulations, 2018, and as an Investment Intermediary authorized under the Investment Intermediaries Act, 1995. Copies of our regulatory authorizations are available on request. The Central Bank of Ireland holds registers of regulated firms. You may contact the Central Bank of Ireland on 1890 777 777 or alternatively visit their website at www.centralbank.ie to verify this information.
Codes of conduct
We are subject to the Central Bank’s Consumer Protection Code 2012, the Minimum Competency Code and the Fitness and Probity Standards, which offer protection to consumers. These codes may be found on the Central Bank’s website www.centralbank.ie. Alan Tierney & Partners Limited does not have a shareholding in any insurer and likewise no insurer has a shareholding in Alan Tierney & Partners Limited.
Alan Tierney & Partners Limited provides a full range of insurance advice on a fair & personal analysis basis to the corporate and personal sectors including the placing of insurance contracts and risk management services:
. General Insurance Broking Risk Management
. Life and Pensions Broking Claims handling
. Protection advice
. Investment Consultancy
We do not guarantee nor make representations in regard to, and expressly disclaim responsibility for the financial security of insurance companies and product producers with which we place business. We will offer assistance to you in relation to processing claims purchased through our firm. This assistance is provided either directly by our staff and/or with the assistance of an appointed loss assessor. We may be remunerated by the loss assessor depending on a number of variables including the complexity of the case and the time expended. We have agreed and developed a certain scheme (Pubpartner) with a specific insurer for a particular type of industry. This package and provider is approved by the member’s trade association. In these cases we recommend this insurer until the scheme is reviewed on an annual basis. We do not research the market on a case by case basis but rather place the business with the preferred provider.
In respect of financial planning services offered by Alan Tierney & Partners Ltd we offer a limited analysis of the market and Irish Life are preferred providers of our firm.
Sustainability Factors – Investment/IBIPS/Pension Advice
When providing advice, Alan Tierney & Partners Limited considers the adverse impact of investment decisions on sustainability. As part of our research and assessment of products, we will examine the Product Providers literature to compare financial products and to make informed investment decisions about economic, social & governance (ESG) products. Alan Tierney & Partners Limited will at all times act in the client’s best interests and keep clients informed accordingly. The consideration of sustainability risks can impact on the returns of financial products.
Fair and Personal Analysis
The concept of fair and personal analysis describes the extent of the choice of products and providers offered by an intermediary within a particular category of life assurance, general insurance, mortgages, and/ or a specialist area. The number of contracts and providers considered must be sufficiently large to enable an intermediary to recommend a product that would be adequate to meet a client’s needs.
If you require credit terms, we may be able to arrange premium finance on your behalf and our list of Credit Finance appointments is available upon request. The premium finance loan is in the form of a loan from the credit finance provider and there is an interest charge applied. By taking up the facility, the client enters into a contract with the credit finance provider and will be in debt to them in the event of default. Alternatively a monthly direct debit facility (if available) may be operated by the insurance company.
It is in your best interests that you review, on a regular basis, the products which we have arranged for you. As your circumstances change, your needs will change. You must advise us of those changes and request a review of the relevant policy so that we can ensure that you are provided with up to date advice and products best suited to your needs. Failure to contact us in relation to changes in your circumstances, may result in you having insufficient insurance cover and/or inappropriate investments.
Insurers may withdraw benefits or cover on default of any payment due under any product(s) arranged by us. Central Bank of Ireland rules prohibit us from paying premiums to insurers which have not been paid to us. In the event of a default of full premium payment, we will issue cancellation instructions to the insurer.
You, the customer can cancel your policy by notice in writing at any time. This is provided that all reasonable charges pertaining to costs incurred by Alan Tierney & Partners Limited have been paid and provided that no incident giving rise to a claim has occurred in the current period of insurance. You may be entitled to a proportionate return of the premium for the un-expired period of insurance. One exception to this is if the policy is written on a minimum and deposit basis and if this is the case no return will be allowed on the policy and this will be noted on your policy schedule.
If you cancel your policy during the first year short term rates may apply, please see your policy terms and conditions. In the case of cancellation of Motor insurance you must return the Certificate of Insurance and Windscreen Disc to Alan Tierney & Partners Limited and your policy will only be cancelled when these documents are received by the Insurance Company. Insurance companies reserve the right to cancel policies at any time by giving appropriate notice to your last address. Please refer to your policy terms and conditions. Failure to meet your responsibilities may result in the insurance company cancelling your policy. We also reserve the right to cancel your policy in certain circumstances, for example the non-payment of premiums, direct debit default or misrepresentation/non-disclosure of relevant information.
Disclosure of information
It is your responsibility and duty to answer all questions honestly and with reasonable care in order to provide complete and accurate information to insurers when arranging an insurance policy and/or where a Statement of Fact is completed on your behalf. Failure to disclose any material information to your insurers could invalidate your insurance cover, and as a consequence all/or part of the claim may not be paid.
Premium handling and receipts
When receiving and transmitting orders in relation to insurance policies, Alan Tierney & Partners Limited may accept payments from clients payable to itself, where an insurance undertaking has invited renewal of a policy of insurance, or the proposal for insurance has been accepted by an insurance undertaking. A receipt is issued for all monies received.
Where a premium rebate is due, we will issue the rebate without delay upon receiving the endorsement from the relevant insurance company. The client may also choose one of the following options:
In respect of option 1 & 2, we will require your written consent on each occasion to carry out these instructions.
Conflicts of interest
It is the policy of Alan Tierney & Partners Limited to avoid conflicts of interest in providing you with insurance and investment business services. If this is not possible, we will notify you as soon as is practicable after we become aware of the conflict of interest and you may rest assured that you will be treated fairly where such a conflict is unavoidable.
In some cases, we may be a party to a profit-share arrangement with product producers where we provide extra services for the provider. Any business arranged with these providers on your behalf is placed with them as they are at the time of placement the most suitable to meet your requirements taking all relevant information, demands and needs into account.
Instructions for policy amendments
It is important to note, that where an instruction is transmitted to amend your policy via phone message, text, email or fax, changes are only operable provided that they have been confirmed by Alan Tierney & Partners Limited.
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) and 30 days in the case of life polices without penalty and without giving any reason. This is known as the cooling off period. The right of withdrawal may be exercised by notice in writing to Alan Tierney & Partners Ltd, 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, your insurer may charge for the period you are on cover. For motor insurance the insurance certificate and disc must be received by Alan Tierney & Partners Ltd 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.
We have a written complaints procedure for the effective handling of all complaints. We will acknowledge receipt of your complaint in writing within 5 working days. A written update will be issued to you every 20 days by a nominated individual within our firm. A comprehensive response to your complaint will be issued within 8 weeks of receipt of your initial complaint. In the event of failure to resolve your complaint you may raise the issue with the Financial Services & Pensions Ombudsman Lincoln House, Lincoln Place, Dublin 2. (www.FSPO.ie, [email protected] or 015677000). A copy of our complaints procedures is available upon request.
Remuneration and Charges
Alan Tierney & Partners Limited may be remunerated by insurance companies and Product producers to whom orders are transmitted for new business, on renewal of existing business and/or based on the levels of business introduced; remuneration/commission details are available upon request. All commissions received contribute to the overall cost of providing ongoing services to our clients and not offset against fees which we may charge you. The firm will charge you a fixed fee or a percentage of the insurance premium and levies for the following services provided:
|Insurance||Initial Fee||Renewal Fee||Alteration or Cancellation|
|Motor||Up to €100||Up to €100||Up to €100|
|Household||Up to €100||Up to €100||Up to €100|
|Commercial||Up to 40% of Premium||Up to 40% of Premium||Up to 40% of Premium|
Service fees in respect of commercial lines and general insurance may vary depending on a number of variables, the complexity of the case, time expended, risk urgency, seniority of staff involved and amount of commission receivable. The fee chargeable will be based on these variables and will be shown on your invoice.
Financial Planning including Life, Pension & Life Wrapped Investments
Alan Tierney & Partners Limited may be remunerated by the insurance companies and product producers to whom orders are transmitted. Summary details of these payments will be included, where appropriate, in a product information document, in relation to insurance products. If we act for you on a non-commission basis, we will charge a fee to be agreed with you in advance. You may elect to deal with us on a fee basis.
|Principles / Directors||€250.00 per hour|
|Senior Advisers||€150.00 per hour|
When assessing products, we will consider the different approach taken by product providers in terms of them integrating sustainability risks into their product offering. This will form part of our analysis for choosing a product provider.
Additional fees may be payable for complex cases or to reflect value, specialist skills or urgency. We will notify you in advance and agree the scale of fees to be charged.
In the event that fees or charges are payable to a third party in connection with arranging or renewing cover, these charges will be disclosed and will be payable by you.
A summary of the details of all arrangements for any fee, commission, other reward or remuneration paid or provided to the intermediary which it has agreed with Insurers or product producers is available on our website.
As a credit intermediary we may be remunerated by the premium/credit finance provider on arranging this finance on your behalf.
Alan Tierney & Partners Limited complies with the requirements of the General Data Protection
Regulation 2018 and the Irish Data Protection Act 2018
The data which you provide to us will be held on a computer database and paper files for the purpose of arranging transactions on your behalf and in order to provide the highest standard of service to you. The data will be processed only in ways compatible with the purposes for which it was given and as outlined in our Data Privacy Notice (on our website) and Data Protection policy. We may need to collect sensitive personal information relating to you or anyone to be named on your policy. We may share with insurance service providers’ information we hold about you and your claims history. Our product producers may subscribe to insurances industry databases for fraud prevention purposes. We may also use your information for the purpose of complying with regulatory or legislative requirements, offering renewals, for research/statistical analysis and crime prevention. There may also be requirements to contact you for the purposes of discussing renewal terms of an existing policy with us or any other query directly relating to an existing policy with us. When you request a quote from us, you may receive a phone call or text message and/or email in relation to that quote.
We would also like to keep you informed of about new or existing insurance, investment products or special offers, and any other insurance related services provided by us or associated companies with which we have a formal business arrangement; which we think may be of interest to you.
You have the right to withdraw your consent at any time. If you wish to exercise this right please notify us in writing. If you have more than one e-mail address, telephone number or address please make sure to notify changes for each e-mail, telephone number, mobile telephone number or address you have registered with us. You have the right at any time to request a copy of any “personal data” within the meaning of the GDPR that our office holds about you and to have any inaccuracies in that information corrected. Please contact us by addressing enquiries to the Compliance Officer GDPR Owner, Alan Tierney & Partners Limited. 2A Parkview House, Beech Hill Business Park, Clonskeagh, Dublin 4. Ireland. If you have any concerns about your personal data.
We are members of the Investor Compensation Scheme established under Section 38 of the Investor Compensation Act 1998. This Act provides that compensation shall be paid to eligible investors (as defined in the Act) to the extent of 90% of an investor’s loss or € 20,000, whichever is the lesser and is recognised as being eligible for compensation.
We are also members of the Brokers Ireland Compensation Fund. Subject to the rules of the scheme the liabilities of its members firms up to a maximum of €100,000 per client (or €250,000 in the aggregate) may be discharged by the fund on its behalf if the member firm is unable to do so, where the above detailed Investor Compensation Scheme has failed to adequately compensate any client of the member. Further details are available on request.
The Company reserves the right to request any facts about a client which it reasonably believes it needs to know in order to comply with the Criminal Justice (Money Laundering and Terrorist Financing) (Amended) Act 2013.