Terms of Business
Terms of Business
1. Introduction
This document sets out the scope of what we shall do for you, and what we need you to do to ensure that your insurance requirements are met.
2. Who We Are
In this Privacy Notice, “We”, “Us” and “Our” refer to We are Estate Research PC Limited, Company No. 10253079. Our registered office is at 102 Chapel Lane, Wigan, WN3 4HG. We are authorised and regulated by the Financial Conduct Authority with reference number 1046927.
You can check these details on the Financial Services Register by visiting the FCA’s website or by contacting the FCA on 0800 111 6768.
The Financial Conduct Authority regulate financial services firms in the UK, setting standards for firms to meet and holding them to account if they don’t.
3. Basis of Contract
By proceeding to deal with Us, you are agreeing to purchase our services as an insurance broker on the terms and conditions of this agreement.
This agreement applies to the contract for services entered into between us to the exclusion of any other terms that you may seek to impose or incorporate or any other terms which are implied by trade custom practice or course of dealing.
4. Our Services
We are an insurance intermediary, and We act as your agent for sourcing and placing insurance business and, in the event of you notifying a claim to Us. We will act as the insurer’s agent for the purposes of cancelling the policy, collecting or refunding premiums or as otherwise informed.
5. Our Fees and Charges
Please note that these charges are in addition to any premiums, fees or charges levied by the insurer.
For the avoidance of doubt, please see the table below.
| Arranging a new policy or a renewal | No Charge. Bond of caution incurs a £100.00 administration fee. |
| Mid-Term Alteration to your policy (includes change of address, change of cover etc.) | No Charge. |
| Dishonoured payment administration charge | We offer credit through a number of schemes and providers. Full details of charges will be provided in any credit agreement and pre contract information by the credit provider |
6. How We are paid
We earn a commission up to 20% of your annual insurance premium (before tax) from the insurers in connection with your policy, and this is included in the premium you pay. The commission we earn funds the costs we incur if you buy a new policy, renew your insurance or make a change to an existing policy.
We do not earn contingent commissions from our insurers based on the profitability or growth of our account.
7. Your Duty of Fair Presentation
The terms of any insurance that we arrange on your behalf are based on the information provided by you to us or to your insurer. Under the Insurance Act 2015 you are required to make a fair presentation of the risks you want to insure. A fair presentation of information includes both its content and the form in which it is presented.
This means that you must disclose:
- every material circumstance which you know or ought to know, or disclose sufficient information to put a prudent insurer on notice that it needs to make further enquiries to reveal those material circumstances; and
- ensure that every material representation as to a matter of fact is substantially correct and every material representation as to expectation or belief is made in good faith; and
- that you must make such disclosure in a manner that would be reasonably clear and accessible to the prudent insurer.
This obligation applies at the outset (before the setting up or renewal of your insurance policy is concluded) and throughout the period of your insurance cover.
You warrant to us that the information you disclose to your insurer is a fair presentation and we shall not be in breach of any of our obligations to you in the event that you are found not to have complied with your duty of fair presentation.
Failure to make a fair presentation of the risk you want to insure could have a number of consequences, including invalidating your policy and your claim not being paid.
8. Claims
All policies contain conditions regarding the notification of claims with which you must comply. It is also your responsibility to notify the insurer immediately of all incidents that may result in a claim against your insurance policy. You must do so whether you believe that you are liable or not.
Any correspondence or claim received by you must be passed to the insurer immediately, without acknowledgement to the sender other than where there is a claim notice.
9. Payments
Where we raise an invoice for specific charges, our terms are that payment is required within 7 days of the date of the invoice. Failure to pay an amount when due may result in the policy not taking effect or being cancelled in accordance with the policy terms.
10. Payment of Premiums
Under the terms of our agreement with the insurance companies with whom we place business, we normally receive the premiums that you pay to us as an agent of the insurer. This means that, where We have been granted risk-transfer authority for your policy, premium paid to Us will be treated as having been received by the insurer. We will tell you where different arrangements apply the money you pay to us will be treated as having been received by the insurance company. We do not pay any interest on premiums held by us in the course of arranging and administering your insurance. In arranging your insurance, we may employ the services of other intermediaries who are regulated by the Financial Conduct Authority and your premium may be passed to these intermediaries for payment to insurers.
11. Right of Cancellation
You have the right to cancel your policy within 14 days from the policy start date or its renewal or from the date at which you receive your policy documentation.
If you decide to cancel your policy within this timeframe and you have not made a claim on the policy, you may be entitled to receive a refund of any premium paid less any reasonable costs incurred by the insurer in providing the cover.
If you decide to cancel your policy after this timeframe, the terms of your policy may permit insurers to retain the premium in full or to charge short period premiums in the event of cancellation before your policy expires. We recommend that you check your policy documentation for further information or please contact Us if you require clarification.
Please note our commission and, where appropriate, fees are non-refundable in the event of cancellation after the initial 14 days.
To exercise your cancellation right you should contact Us at our normal address or your insurers at the address shown on your policy.
12. Data Protection
We ensure that any personal data We receive is protected and handled in accordance with applicable data protection laws, including the UK GDPR, the Data Protection Act 2018 and the Data (Use and Access) Act 2025 (, and in accordance with our privacy policy, a copy of which may be viewed at Privacy Policy.
13. What to do if you have a complaint
We aim to provide a first-class service. However, if you are dissatisfied with any aspect of our service, please contact Us using the details below:
phone at: 01942 826500
email: info@estateresearch.co.uk and title your email ‘Complaint’, including your name contact details and case reference
post: Estate Research, 102 Chapel Lane, Wigan, WN3 4HG
We will acknowledge your complaint as soon as possible and investigate it fairly and promptly. We may contact you for further information to help Us understand and investigate your concerns.
We will aim to resolve your complaint by the close of business on the third business day after We receive it.
Where your complaint is resolved within this period, We will send you a summary resolution communication confirming that We consider the complaint resolved. This will also explain that you may be able to refer the complaint to the Financial Ombudsman Service if you later remain dissatisfied.
Where we are unable to resolve your complaint by the close of business on the third business day, We will send you a written acknowledgement confirming:
- our understanding of your complaint;
- the name and contact details of the person handling it; and
- that We will investigate further and issue our final response within eight Weeks.
Our final response will explain the outcome of our investigation and whether We:
- accept your complaint and, where appropriate, offer remedial action or redress;
- offer remedial action or redress without accepting the complaint; or
- reject the complaint and explain our reasons.
If you remain dissatisfied following our final response, or if We have not issued a final response within eight weeks, you may be entitled to refer your complaint to the Financial Ombudsman Service for an independent assessment and opinion.
The FOS consumer helpline is 0800 023 4567 and their postal address is:
Financial Ombudsman Service,
Exchange Tower,
London,
E14 9SR
14. Conflicts of Interest
Circumstances may arise where we have a conflict of interest between us (including our managers, employees or agents) and you, or between you and another of our clients.
We always aim to treat you fairly and avoid conflicts of interest. We never deliberately put ourselves in a position where our interests, or our duty to another party, prevent us from discharging our duty to you.
We may act as agent of an insurer under a delegated underwriting authority. In these instances, where we act as your agent for your insurance needs we will always act in your best interests when arranging your policy. We follow our own conflict management policies and procedures (for example, using information barriers).
These are designed to prevent any conflicts of interest adversely affecting or compromising your interests. However, in some cases, where we cannot be reasonably confident that we can prevent the risk of damage to your interests, we will discuss this with you. If you have any concerns in relation to conflicts of interests, please contact Us.
15. Limitation of Liability
We have obtained insurance cover in respect of our own legal liability for individual claims not exceeding £3,000,000 per claim. The limits and exclusions in this clause reflect the insurance cover that we have been able to arrange on a commercial basis for our business.
If this does not meet your requirements, please ensure that you have in place your own insurance for any shortfall or excess loss.
Nothing in this Terms of Business Agreement limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by Section 2 of the Supply of Goods and Services Act 1982 (Title and Quiet Possession).
Subject to the paragraph above, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence, breach of statutory duty or otherwise) arising under or in connection with the provision of our services pursuant to this Terms of Business Agreement for:
(a) any loss of profits, sales, business or revenue;
(b) loss of business opportunities;
(c) loss of anticipated savings;
(d) loss of goodwill; or
(e) any indirect or consequential loss.
Subject to the above, our total liability to you in respect of all other losses arising under or in connection with our provision of services pursuant to this Terms of Business Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the higher of:
(a) the amount of our charges; and
(b) the amount actually received by us as a result of a claim made by us pursuant to our insurance in respect of such breach.
We are also covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the FSCS if we cannot meet our obligations.
This depends on the type of business and the circumstances of the claim. Full details and further information are available from the FSCS helpline on 0800 678 1100 or 020 7741 4100 and www.fscs.org.uk.
The FSCS is the UK’s statutory fund of last resort for customers of authorised financial services firms like us. The FSCS can pay compensation if an authorised firm is unable or unlikely to be able to pay any claims against it, usually because it has gone out of business or is insolvent. Further information about compensation scheme arrangements is available from the FSCS.
Whilst we 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. We do not monitor insurer solvency on an ongoing basis and will not be liable for any losses suffered by you in the event of the insolvency of an insurer.
16. General
16.1 Force Majeure Neither party shall be in breach of this agreement nor liable for delay in performing or failing to perform any of its obligations under this agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control.
16.2 Confidentiality We undertake that we shall not at any time disclose to any person any confidential information concerning you or your business except as permitted by the paragraph below.
We may disclose your confidential information to our employees, officers, representatives, sub-contractors or advisers who need to know such information for the purposes of carrying out their obligations under this agreement. We shall ensure that our officers, representatives, employees, sub-contractors or advisers to whom we disclose your confidential information also comply with our confidentiality obligations. We may disclose your confidential information if required by law, a court of competent jurisdiction or any governmental or regulatory authority.
We shall not use your confidential information for any purpose other than to perform our obligations under your contract.
16.3 Third Party Rights This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this agreement.
16.4 Governing Law This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the laws of England and Wales.
16.5 Jurisdiction Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.