Terms of Business

Company Contact Details 

Attis Credit Solutions Limited 

Millshaw 

Leeds 

LS11 8EG 

 

Attis Credit Solutions Ltd is authorised and regulated by the Financial Conduct Authority and our permitted business is to advise on, arrange, deal in, make arrangements with a view, and assist in the administration and performance of credit insurance contracts. Our Firm Reference Number (FRN) is 948508. You can check this on the Financial Services Register by visiting the FCA’s website www.fca.org.uk or by telephoning the FCA on 0800 111 6768. 

Definitions 

“Company”, “we”, “us” or “our” means Attis Credit Solutions Ltd. 

“You” or “your” means you (and/or your appointed agent). 

About us 

Attis Credit Solutions Ltd is a specialist independent credit insurance intermediary. 

Our service 

As an insurance intermediary, we generally act as an agent of our client. We are subject to the law of agency, which imposes various duties upon us. However, in certain circumstances we may act for and owe duties of care to other parties, including the insurer. We will advise you when these circumstances occur, so you will be aware of any possible conflicts of interest. 

We offer a wide range of insurance products and have access to leading insurers and services which may include: 

  • Offering you a single or range of products from which to choose a product that suits your insurance needs; 
  • Advising you on your insurance needs; 
  • Arranging suitable insurance cover with insurers to meet your requirements; 
  • Helping you with any subsequent changes to your insurance you have to make; 
  • Providing all reasonable assistance with any claim you have to make. 

We offer a wide range of insurance products and have access to many leading insurance companies. Depending on the type of cover you require and where we have provided advice based on a personal recommendation, we will advise you when we offer you a policy on the basis of a fair and personal analysis. Where we have provided advice based on a personal recommendation but not on the basis of a fair and personal analysis, we will advise you: 

  •  If we are under a contractual obligation to conduct insurance distribution exclusively with one or more insurers and will provide you with a list of those insurers; or 
  • If we are not under a contractual obligation to conduct insurance distribution with one or more insurers and will provide you with a list of insurers with which we may and do conduct business. 

Before the insurance contract is concluded and after we have assessed your demands and needs, we will provide you with advice and make a personal recommendation, unless we advise otherwise. This will include information such as the main features of the product’s cover, any unusual restrictions or exclusions, any significant conditions or obligations and the period of cover to enable you to make an informed decision about the policy, together with a quotation which will itemise any fees that are payable in addition to the premium. This documentation will also include a statement of your demands and needs which you should read carefully. 

Limitations and exclusion of our liability 

The following provisions set out our entire financial liability to you. 

You acknowledge and agree that you shall only be entitled to make a claim against us and not against any individual employee or consultant engaged by us. Our liability for losses suffered by you arising under or in connection with the provision of our services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise (including our liability for the acts or omissions of our senior management, employees and any appointed representatives) shall be limited in all circumstances to £1,000,000 per claim. Any claim or series of claims arising from one act, error, omission, incident or original cause shall be considered to be one claim. We shall not be liable to you for any loss of profit or loss of business whether directly or indirectly occurring and which arises out of or in connection with the provision of our services. Nothing in this paragraph shall exclude or limit our liability for death or personal injury caused by our negligence or for loss by our fraud, fraudulent misrepresentation or breach of regulatory obligations owed to you. You are welcome to contact us to discuss increasing the limitations of our liability and or varying the exclusions set out above. 

The duty of fair presentation 

It is your responsibility to provide a fair presentation of the insurance risk based on you conducting a reasonable search for information. This could require you to obtain information from senior managers within your organisation or other parties to which the insurance relates or who carry out outsource functions for your business. You must disclose every material circumstance which you know or ought to know, or failing that, disclose sufficient information to put your insurer on notice that it needs to make further enquiries. You must ensure that any information you provide is correct to the best of your knowledge and representations that you make in expectation or belief must be made in good faith. If you fail to make a fair presentation of the risk this may result in additional terms or warranties being applied from inception of the policy or any claim payment being proportionately reduced. In some cases, this could result in your policy being declared void by an insurer and your premiums returned. Any deliberate or reckless breach of the duty of fair presentation could result in your policy being declared void by an insurer with no refund of premium. 

If in doubt about any point in relation to material circumstances and reasonable search, please contact us immediately. 

Financial Crime 

Please be aware that current UK money laundering regulations require us to obtain adequate ‘Know Your Client’ information about you. We are also required to cross check you against the HM Financial Sanctions List as part of the information gathering process. 

We are obliged to report to the National Crime Agency and/or Serious Fraud Office any evidence or suspicion of financial crime at the first opportunity and we are prohibited from disclosing any such report. We will not permit our employees or other persons engaged by them to be either influenced or influence others in respect of undue payments or privileges from or to insurers or clients. 

Conflicts of Interest 

We have internal policies and procedures to assist in identifying any potential conflicts of interest. For example, we may provide services to entities within the same industry. In the unlikely event a conflict of interest is identified that cannot be managed, we will notify you and discuss how to continue our services. 

Solvency of Insurers 

We cannot guarantee the solvency of any insurer with which we place business. This means that you may still be liable for any premium due and not be able to recover the premium paid, whether in full or in part, should an insurer become insolvent. 

Payment of Premium 

Premium invoices and other charges such as credit limit charges, are invoiced to you and collected by the insurers. Please ensure you review the terms of payment detailed as failure to meet these may result in insurers issuing a notice of cancellation for non-payment of premium and/or avoidance of your insurance contract. Insurers may also withhold or reject claim payments due to outstanding premium payments, particularly if payment of premium is a condition or warranty of the contract. Please inform us immediately if you are unable to comply with any premium payment warranty or condition. Attis Credit Solutions Ltd are under no obligation to pay premiums to insurers on your behalf. 

Our Remuneration 

We are committed to transparency in our relationship with you. In most circumstances we are paid a proportion of the insurer premium by your insurers. This is commonly known as brokerage. Full details can be provided upon request. From time to time we may agree a fixed fee with you instead of brokerage or a combination of both. 

In the event of termination of a policy, we may be required to repay to the insurers a proportion of any brokerage earned and this will be deducted from any amount we owe to you. 

If you were introduced to us by a third party ‘Introducer’, we may pay such Introducer a fee for the introduction. Full details can be provided upon request. 

There may also be occasions when an additional fee is sought, for example changes to the risk that require significant further advice and placement of additional coverage or substantial involvement in any large, difficult or complex claims. If you choose to use a premium finance company in connection with the insurance we place for you and we receive any remuneration from the finance company in relation to this we will disclose the remuneration details to you. 

Quotations 

All quotations provided by Attis Credit Solutions Ltd are subject to provision of a fully completed proposal form and to acceptance by insurers. We reserve the right to withdraw or amend a quotation in certain circumstances, for example, where the insurer has altered their premium/terms for the insurance since the quotation was given, where there has been a change in the original risk information/material circumstances disclosed or if a claim/incident has occurred since the terms were offered. 

Renewals 

You will be provided with renewal terms in good time before expiry of the policy, or notified that renewal is not being invited. Unless you advise otherwise, renewals are invited on the basis that there have been no changes in the risk or cover required, other than those specifically notified to us or your insurers (see ‘Important Information’ and ‘The Duty of Fair Presentation’ sections). 

It is very important that you check the information provided at renewal to confirm it remains accurate and complete. If any of the information is incorrect or if your circumstances have changed, you should contact us immediately so we can update your details. 

Mid-term Transferred Business 

When we are appointed to service insurance policies other than at their inception or renewal and which were originally arranged via another party, we shall not be liable during the current insurance period for any loss arising from any errors or omissions or gaps in your insurance cover or advice not supplied by us. Should you have any concerns in respect of a policy, which has been transferred to us, or if you require an immediate review of your insurance arrangements, you must notify us immediately. Otherwise, we shall review your insurance arrangements and advise accordingly as each policy falls due for renewal. 

Notification of Incidents/Claims 

It is essential to notify us immediately of all incidents that may result in a claim against your insurance policy. You must do so whether you believe you are liable or not. Any letter or claim received by you must be passed to us immediately, without acknowledgement. Only by providing prompt notification of incidents can your insurance company take steps to protect your interests. Your policy summary and/or policy document will provide you with details on who to contact to make a claim. You acknowledge that there may be a specific period within which you must submit a claim to your insurer. You acknowledge and agree to monitor such period and that we are not responsible for advising you on limitation periods. Claims payment will be made in favour of you. If you require a payment to be made to a third party then you must confirm the required payee name and details and provide a brief explanation for your request. Please contact us for guidance on claiming under your policy. 

Complaints 

It is our intention to provide you with the highest possible level of customer service at all times. However, we recognise that things can go wrong occasionally and if this occurs we are committed to resolving matters promptly and fairly. 

Should you wish to complain you may do so: 

• In writing to the Complaints Manager Steve Farrow 

• By e-mail at Steve.Farrow@heb.uk.com 

• In person by visiting our office (see above for address) 

Should you not be satisfied with our final response, you may be entitled to refer the matter to the Financial Ombudsman Service (FOS). More information is available on request or on their website www.financial-ombudsman.org.uk 

Further details will be supplied at the time of responding to your complaint. 

Financial Services Compensation Scheme (FSCS) 

We are covered by the Financial Services Compensation Scheme and you may be entitled to compensation from the scheme depending on the type of business and circumstances of the claim if we cannot meet our obligations. Further information about compensation scheme arrangements is available from the Financial Services Compensation Scheme at www.fscs.org.uk.

Confidentiality and Data Protection 

We are a data controller for the information you provide to us including individual, identification and financial details, policy history and special category data (such as medical or criminal history). 

Details of our legal basis for processing your information, along with details of any third-party recipient whom it may be necessary to share your personal data within order to fulfil the contract, retention period for data held, security of your data, your rights under the General Data Protection Regulations (GDPR) including the right to complain can be found in our full ‘Privacy Notice’ attached to these terms of business. 

Communications/Documentation 

We will forward any contract documentation to you in a timely manner. It is your responsibility to review carefully all insurance documents issued to you and ensure that you are aware of the cover, limits and other terms that apply. Particular attention should be paid to any warranties and conditions as failure to comply with them could invalidate your policy. If you require any guidance, are aware of any discrepancies, or if such documentation does not appear to be in accordance with your instructions or requirements, please contact us immediately. Likewise, please notify us of any changes in circumstances that may affect the cover provided under your insurance contract. A new policy/policy booklet is not necessarily provided each year, although a duplicate can be provided at any time upon request. If documents are issued by electronic means or via an internet portal, paper documents are available free of charge on request. 

Termination of our authority to act on your behalf 

You or we may terminate our authority to act on your behalf by providing at least 14 days notice in writing (or such other period we agree). Termination is without prejudice to any transactions already initiated by you, which will be completed according to these terms of business unless we agree otherwise in writing. 

You will remain liable to pay for any transactions or adjustments effective prior to termination and we shall be entitled to retain any and all commission and/or fees payable in relation to insurance cover placed by us prior to the date of written termination. 

Third Party Rights 

Unless otherwise agreed between us in writing, no terms of this Terms of Business is enforceable under the Contracts (Rights of Third Parties) Act 1999. 

General 

If any provision of these Terms is found to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question will not be affected. These Terms shall be governed by the laws of England and Wales and the parties agree herewith that any dispute arising out of it shall be subject to the exclusive jurisdiction of the relevant court. These Terms supersede all proposals, prior discussions and representations (whether oral or written) between us relating to our appointment as your agent in connection with the arranging and administration of your insurance. These Terms constitute an offer by us to act on your behalf in the arranging and administration of your insurance. In the absence of any specific acceptance communicated to us by you (whether verbal or written) you are deemed to accept our offer to act for you on the basis of these Terms, by conduct, upon your instructing us to arrange, renew or otherwise act for you in connection with insurance matters. 

Version 25th October 2021 

Privacy Notice

 

Important notice 

This is the privacy notice of Attis Credit Solutions Ltd whose registered office is at Millshaw, Leeds, LS11 8EG referred to as we, us or our in this privacy notice. 

This privacy notice sets out how we collect and process your personal data. This privacy notice also provides certain information that is legally required and lists your rights in relation to your personal data. 

This privacy notice relates to personal information that identifies you as a natural person (whether you are an actual or potential customer, an individual who browses our website or an individual outside our organisation with whom we interact). We refer to this information throughout this privacy notice as personal data or personal information and further detail of what this includes are set out in this privacy notice below. 

The privacy and security of your personal information is very important to us so we want to assure you that your information will be properly managed and protected by us at all times. Please read this privacy notice carefully as it explains how we may collect and use your personal data. 

This privacy notice may vary from time to time so please check it regularly. This privacy notice was last updated on 25th October 2021. 

How to contact us 

Controller and contact details 

For the purposes of relevant data protection legislation, we are a controller of your personal data. As a controller we use (or process) the personal data we hold about you in accordance with this privacy notice. 

If you need to contact us in connection with the use or processing of your personal data, then you can do so using our contact details as set out below. 

Our Data Protection Officer is Steve Farrow who you can contact at 07724 242 935 

What information we hold about you and where we obtain this from 

The personal data that we collect about you may include the following information: 

  • Personal data you provide to us in person, via our website or by telephone. 
  • Personal data you provide when you enquire about insurance, or when you purchase a policy, through us, including information about what and/or who you want to insure, such as vehicle details, business activities, your home or travel details. 
  • General information about you, such as your name, address, contact details and date of birth. 
  • Personal data you provide if you subscribe to any of our mailing or newsletter services . 
  • Your claims and credit history. 
  • Financial details, such as your bank account and card details. 
  • Criminal convictions. 
  • Information about your use of our website such as your IP address, which is a unique number identifying your computer, including personal data gathered using cookies. 

In addition, we may obtain certain special categories of your data (special categories of data) and data about criminal convictions, and this privacy notice specifically sets out how we may process these types of personal data. The special categories of data are data concerning health. 

We collect your personal data from you as a controller when we obtain quotations for insurance for you, when we set up your policy for you and when we make changes to your policy for you. This may also involve the collection of data from or about others who are associated with you and your insurance policy such as other persons insured on your policies or your employees or representatives. By giving us information about someone else for the purpose of arranging insurance for them under your policy such as named driver, employee or travel companion etc. you confirm that you have their permission to do so and that you have shared this privacy notice with them. 

By asking us to arrange a contract of insurance for you where this involves passing information to us relating to children, you confirm to us that in doing so you are the responsible guardian of the child. 

We also collect information from publicly available sources and third-party databases made available to the insurance industry for the purposes of reducing fraud and financial crime as well as any other third-party databases where your personal data may be held, provided such third parties have lawful bases on which to share such personal data with us. 

How we use your personal data and the lawful basis for doing so 

Where we are relying on a basis other than consent.

Purposes for which we process your personal data

  • In order to perform our contractual obligations to you. This would include our fulfilling your requests for insurance services (including obtaining insurance for you, fulfilling requests for mid-term adjustments and obtaining renewals)
  • To administer your account, including financial transactions for insurance broking
  • To assist in the prevention and reduction of fraud and other financial crime
  • In the interests of security and to improve our service, telephone calls you make to us may be monitored and/or recorded
  • To let you know about similar products and services that may be of interest to you
  • To make automated decisions, automated profiling and fraud detection

The basis on which we can do this (this is what the law allows)

  • The processing is necessary in connection with any contract that you may enter into with us
  • The processing is necessary in connection with any contract that you may enter into with us
  • The processing is necessary for us to comply with the law and our legal requirements
  • The processing is necessary to pursue our legitimate interest in the management and operation of our business
  • The processing is necessary to pursue our legitimate interest in operating our business
  • The processing is necessary in connection with some contracts that you may enter into with us

Special categories of data and criminal convictions

We may also need to collect special categories of data from you such as information about your health, in order for us to perform our contractual obligations to you the lawful basis on which we can do this is that processing is necessary (a) for an insurance purpose (b) is of personal data revealing racial or ethnic origin, religious or philosophical beliefs or trade union membership, generic data or data concerning health and (c) is necessary for reasons of substantial public interest. We may also process information on criminal convictions data which we may share with third parties under the processes of (a) and (b) above. 

Insurance purposes mean (a) advising on, arranging, underwriting or administering an insurance contract (b) administering a claim under an insurance contract or (c) exercising a right or complying with an obligation, arising in connection with an insurance contract, including a right or obligation arising under an enactment or a rule of law. 

Who we pass your personal data to 

We may need to pass your personal data to other companies which may include: 

  • Other companies or brands within our group of companies, for example if we are unable to provide a suitable insurance policy on request or at renewal we will check if any of our associated group companies can provide you with suitable cover. 
  • The insurers, intermediaries and Third Party service providers that we use for the purpose of arranging and administering your insurance policy. This may also include risk management assessors, uninsured loss recovery agencies, premium finance providers and other third-parties involved (directly or indirectly) in the administration of your insurance and its associated benefits. 
  • Firms that provide administration and processing services to us or on our behalf under contract in order to complete activities such as claims handling, IT systems and administrative 
  • services and other activities set out in this privacy notice, as well as support activities such as finance and auditing services. 
  • Organisations that have a specific role laid out in law, such as statutory bodies, regulatory authorities and other authorised bodies. 
  • Other organisations where we have a duty to or are permitted to disclose your personal information by law, for example if we received a valid request from the police or other third-party organisation in the interest of preventing and detecting crime. 
  • Fraud prevention agencies and operators of registers available to the insurance industry to check information and prevent fraud. 
  • Credit reference agencies to check your credit history. This check will be recorded on your credit reference file without affecting your ability to apply for credit or other financial products. 
  • Third parties we use to recover money you may owe us or to whom we may sell your debt. 
  • Another company, if our business or part of it is bought or taken over by that company to make sure your insurance policy can continue to be serviced or as part of preliminary discussions with that company about a possible sale or take over. 

The information you share with us may be transferred by us or any of the types of firms or organisations we have noted above, to other countries in order for processing to take place, including locations outside of the UK and the European Union. We will only do so if there are adequate levels of protection in place as required by applicable data protection laws. 

Accessing our website and cookies 

When you visit one of our websites we may collect information from you, such as your email address, IP address and other online identifiers. This helps us to track unique visits and monitor patterns of customer website traffic, such as who visits and why they visit. We use third parties to collate IP addresses to help us understand our Internet traffic data and data regarding your browser type and computer. We may also use web usage information to create statistical data regarding the use of our website. We may then use or disclose that statistical data to others for marketing and strategic development purposes, but no individuals will be identified in such statistical data. 

We may use cookies and/or pixel tags on some pages of our website. A cookie is a small text file sent to your computer. A pixel tag is an invisible tag placed on certain pages of our website, but not on your computer. Pixel tags usually work together with cookies to help us to give you a more tailored service. We also use cookies and pixel tags in our email communication to personalise the email and track whether the email has been opened and whether the recipient has used any website links contained in the email communication. This allows us to monitor and improve our email communications and website. Useful information about cookies, including how to remove them, can be found at http://allaboutcookies.org. 

Internet browsers normally accept cookies by default, although it’s possible to set a browser to reject cookies. However, refusing to accept cookies may restrict your use of our website and/or delay or affect the way in which our website operates. You can find more information on cookies when you visit our website. 

The open nature of the internet is such that data may flow over networks without security measures and may be accessed and used by people other than those for whom the data is intended. While this is outside of our control, we do take the protection of your information very seriously and aim to look to apply appropriate levels of security at all times. 

Closed circuit television (CCTV) 

Where CCTV is used, we have identified and documented the potential impact on individuals’ privacy and have taken this into account when installing and operating the CCTV system. We regularly review whether CCTV is still the best security solution. 

We will clearly inform individuals of our use of CCTV and we only retain recorded CCTV images for long enough to allow for any incident to come to light (e.g. for a theft to be noticed) and to investigate it. We will respond to individuals or organisation’s making requests for copies of their images on our CCTV footage and will seek prompt advice from the Information Commissioner where there is any uncertainty. We securely store CCTV images, limit access to authorised individuals and regularly check that the CCTV system is working correctly. We have a nominated individual who is responsible for the operation of the CCTV system. 

Telephone Recording 

Where telephone conversations are recorded, we will inform you of this at the beginning of the call together with our reasons for doing so and any objections should be raised immediately. Telephone recordings will be stored securely for no longer than necessary and you have the right to request a copy where this is still available. The call recordings will only be passed to third parties where we have a legal right or legal obligation to do so. Payment card data is protected in accordance with the Payment Card Industry Data Security Standard (PCI DSS) and our system prevents us from recording Sensitive Authentication Data (SAD) or where this is not possible, is immediately deleted after card authorisation. 

Your Rights 

We will only store your data for as long as is necessary to comply with the requirements of your insurance contract(s) and any legal obligations or lawful processing conditions that may exist as a result. You have a number of rights concerning the personal information we use, which you may ask us to observe. In some cases even when you make a request concerning your personal information, we may not be required, or be able to carry out your request as this may result in us not being able to fulfil our legal and regulatory obligations under the lawful processing conditions under which we hold your data or because there is a minimum statutory period of time for which we have to keep you information. If this is the case, we’ll let you know our reasons. 

You can ask us to: 

  • Provide a copy of your personal information. 
  • Correct or delete unnecessary or inaccurate personal information. 
  • Restrict or to object to the use of your personal information at any time. 
  • Object to any automated decision, including profiling which may have been used by insurers when underwriting your quotation. Where an automated decision has been made we will advise you of this and of your rights. 
  • Provide your personal data in a structured, commonly used and machine-readable format and to have your personal data transferred to another controller. This right only applies where our processing of your personal data is automated and the processing took place initially with your consent or for the performance of a contract with you. 
  • Where we rely on your consent to use your personal information, you can withdraw that consent at any time. Where your consent is withdrawn, your previous consent will remain valid in respect of our use of your information prior to the date you withdrew it, or if any marketing material has been sent prior to you advising that you don’t want us to contact you again. 

If you have any questions or concerns about this privacy notice or your data protection rights, please contact us using our details set out at the beginning of this privacy notice. 

You also have the right to make an enquiry or to complain to the Information Commissioner’s Office (ICO) if you are unhappy with our use of your data, or if you think we have breached a legal requirement. Further details about the ICO are available at: www.ico.org.uk

How we contact you about other products and services 

We may from time to time process your personal data to let you know about similar products and services that may be of interest to you. This is because we value your custom and we pride ourselves in offering professional and tailored advice which meets your specific insurance needs. This includes keeping you informed on the latest insurance and industry information and details of any offers or promotions relating to the insurance services we provide to you. Our lawful basis for processing your personal data in this way is as is necessary to pursue the legitimate interests of our business, unless we have otherwise obtained your consent to do so. We may contact you by post, telephone or e-mail. You will be given the option to stop receiving any communications from us in this regard at any time however please note that this will not affect us contacting you about the servicing of products that you have specifically requested from us.

Version 25th October 2021 

 

 

 

Scroll to Top