Terms and conditions

Newmoon Terms and Conditions as at 01st June 2022

Newmoon provide a non-advised service to all our customers.

Definitions

We/Us/Our means New Moon Insurance Services Ltd.

You/Your means our client.

FCA means The Financial Conduct Authority, an independent authority that regulates financial services.

By asking us to quote for, arrange or handle your insurances, you are deemed to have accepted these Terms of Business and to have given us your consent to operate in the ways described below.

Explanation of Service:

We are an underwriting agency who acts an intermediary for you and as agents for insurers
We are paid by insurers by a fee and commission. These are included within any premium we quote to you as is any tax due on the policy. Our fee is shown on your documents.
We offer a range of insurance products and have access to leading insurers in the market place.
Our musical UK instrument insurance policies are underwritten through an arrangement with a single insurer, who is Ecclesiastical Insurance Office plc (for new business/ renewals prior to 1st June 2019 our insurance provider was Hiscox Insurance Company UK (Hiscox)). Our gun policy is written through Ecclesiastical from 1st November 2020 - prior to this date it was via UK General Insurance Ltd on behalf of Great Lakes Insurance SE. Great Lakes Insurance SE is a German insurance company with its headquarters at Königinstrasse 107, 80802 Munich. UK Branch office: Plantation Place, 30 Fenchurch Street, London, EC3M 3AJ. In ROI our Music product was via a local broker O' Loughlin's upto 01st March 2020 and then direct with Newmoon until 1st December 2020 when MIS Underwriting (local ROI insurance broker) took over the account. The music ROI product is underwritten by Ecclesiastical UK (upto renewals from1st December 2020 when transferred to Ecclesiastical Dublin). If you are in ROI we will refer you to MIS Underwriting office/ website to get a quote. For the avoidance of any doubt NewMoon will not be involved in any ROI music renewals/ new business after 1st December 2020 - these will be handled by MIS underwriting but we will manage mid term run off of cases until their first renewal on or after 1st December 2020.
In some circumstances we may provide cover via another insurance intermediary, for example our Retailer shop policy for music shop is via a panel of Insurance companies and or where they have special facilities or have a special scheme for certain trades. If we arrange cover on your behalf via another intermediary you will be advised.

Our Commitment to you

We will at all times conduct our business with utmost good faith and integrity.
We will ensure that our internal affairs are organised and controlled in a responsible manner.
We will try our very best to satisfy your insurance needs and we will always place your interests before all other considerations.
We undertake to treat customers fairly at all times.
If we become aware that there is any actual or possible conflict of interest, we will tell you of this and advise you of your options and act upon your instructions.
When we are providing a quotation for a contract of insurance we will take due care to make sure of its accuracy and that we can place it at the price quoted.

Professional Indemnity

Professional Indemnity insurance is mandatory for all FCA members. We conform to the appropriate rules.

The General data protection Regulation (GDPR)

Newmoon will only contact you in relation to any product you purchase or ask for a quote from us or request contact via either phoning us or emailing us etc. Newmoon will not pass any of your information to third parties other than to our insurers with the restriction that this information will only be used for issue and admin your policy and any claim or to a third party where we are instructed by law to release the data.

Newmoon will contact you regarding your renewal, new business, mid term adjustment etc by letter, email and phone. If you do not wish to be contacted by one of these methods please inform us.

If your policy lapses we will remind you for a suitable period as indicated above.

Insurance requires the issue of a legal document and documents will be retain for the required period by current legislation. Please be aware that if your policy had either employers liability and or public liability these documents will be held for a longer period than those without these covers.

Quotes are held for 3 months on our system then deleted.

In the event of a claim insurers may share information in relation to fraud prevention.

Policy Refunds and Cancellations

Our products are regulated by the FCA. From the inception date of your policy you have 14 days to cancel your policy and obtain a full refund of paid premium received by us. After this date you may only cancel your policy in line with the terms and conditions contained in the wording issued to you. Before you purchase your policy you will be asked to confirm that you have read and agree to the policy terms and conditions. We recommend that you read your particular policy wording to ensure that you fully understand the refund procedure after the initial 14 days of cover. Please note that for short period policies, short term overseas cover, short term item's added to the policy or where liability sections have been used, the insurers may retain the full relevant premium for these covers/ sections and or apply a non refundable deposit. After 14 days the policy set up fee will be retained in full.

Scope of Service - Newmoon

We will provide only one product per sector e.g. one music policy and one gun policy and we will discuss cover only on that product without giving you advice or a personal recommendation. You will need to make your own choice about how to proceed.

Newmoon act on behalf of the insurers when arranging your insurance.

By asking us to quote for and arrange insurance, you are providing your informed agreement to these Terms of Business. If you do not wish to be bound by these Terms then you should not instruct us to set up, renew or otherwise deal with your insurance needs.

Your duty of disclosure (misrepresentation statement)

Retail: (retail means non commercial customers). You must take reasonable care not to make a misrepresentation to the insurer. This means that all the answers you give and statements you make as part of your insurance application, including at renewal and when an amendment to your policy is required, should be honest and accurate, and full answers must be provided with relevant details. If you are unsure whether a fact is relevant, please tell us anyway. If you deliberately or carelessly misinform the insurers, insurers may have the right to impose different terms, reduce the amount of any claim payable or to avoid (cancel) the insurance contract from the start and, in this event, any claims under the contract would not be paid.
Commercial: If the insurance is arranged wholly or mainly for purposes related to your trade, business or profession, you have a duty under The Insurance Act 2015 to make a fair presentation of the risk. This means that you must disclose every material circumstance which you and/or your senior management and/or anyone responsible for arranging your insurance knows or ought to know. Alternatively, you must disclose sufficient information which would put the insurer on notice that it needs to make further enquiries for the purpose of revealing those material circumstances. You are expected to carry out a reasonable search in order to make a fair presentation of the risk and will be deemed to know what should reasonably have been revealed by the search. Your duty of fair presentation applies at the start of the policy, at renewal and when any variation of the policy is arranged. You are expected to carry out a reasonable search in order to make a fair presentation of the risk and will be deemed to know what should reasonably have been revealed by the search. If you fail to make a fair presentation, the insurer may refuse to pay your claim or reduce the settlement amount, depending on the circumstances.
We cannot over-emphasise the importance of your activity or business being correctly described whenever this is requested or stated in documentation. You will appreciate that the policy will only provide indemnity for loss, damage or liability arising out of the business or activity as described. If the activity or business description appearing in the documentation is inaccurate or your activities have changed, you must let us know immediately otherwise Your cover may be prejudiced if you make a claim.

Purchases made on behalf of a third party .If you are purchasing a policy on behalf of another person, group or team (Insured), it is your responsibility to ensure that the duty of disclosure is met for the insured for whom cover is being purchased. It is also your obligation to ensure that the Insured on whose behalf insurance has been purchased is aware of the full details of the cover. We are unable to accept responsibility for loss should a claim be rejected due to the non-disclosure by or on behalf the Insured.

Prior Insurance Contracts

In circumstances where you appoint us to act as your insurance intermediary and administer policies previously arranged by another intermediary or intermediaries we will not be liable for any loss resulting from the advice or possible negligence of your previous intermediary or intermediaries.

Unless instructed otherwise we will not undertake to review any of your previous insurance contracts or other contracts in force at the time of our appointment until they fall due for renewal.

Claims

If you are unfortunate enough to need to make a claim please contact us without delay. We will advise you of the procedures. In some circumstances claims may be reportable directly to helpline numbers shown in your documentation.

You should neither admit liability nor agree to any course of action, until you have agreement from your insurer.

Our Statutory Requirements

We are covered by the Financial Service Compensation Scheme (FSCS). You may be entitled to compensation from the scheme if we cannot meet our obligations. This is dependent on the type of business and circumstances of a claim. Non- compulsory insurance advising and arranging is covered for 90% of the claim, without any upper limit. For compulsory classes of insurance this increases to 100% of the claim, without any upper limit. Further information about compensation scheme arrangements is available from the FSCS.

Listening to our Clients – Complaints

We endeavour to offer a first class service at all times. If, however, you need to make a complaint about our service or administration, we have a formal complaints procedure. In the first instance you should contact us either in writing, by telephone or e-mail. Please address your complaint to the Managing Director Paul Crump.

If we cannot resolve your complaint within 3 business days after receipt of the complaint, we will send a written acknowledgement telling you, the name of the person handling the complaint.

Our final response will either accept your complaint in total or in part and we will give an explanation and/or redress where appropriate or we will reject your complaint and we will explain the reason why.

Should you not be satisfied with our final response, you may be able to refer your complaint to the Financial Ombudsman Service, South Quay Plaza, Marsh Wall, London E14 9SR. Tel 0207 964 1000 Fax 0207 964 1001. Email:

We will let you know if you are able to refer your complaint to the Financial Ombudsman Service.

If your complaint is against an insurer you will find their complaints procedure in your policy document.

Treating Customers Fairly

It is our intention at all times to treat customers fairly. If at any time you feel that you have not been treated fairly please contact us in order that the matter may be rectified.

Remuneration

Unless we have agreed with you otherwise, payment for our services will be by way of commission and where stated clearly in your policy document an administration fee, we receive from insurers and other third parties for arranging your insurances with or through them.

Customers have a right to be informed of the level of commission which we receive from an insurer.

There may be occasions when we will charge you an additional fee for services. Where this is the case, we will fully explain the basis of our charging and we will disclose and identify this sum before you enter into a contract.

In addition to any premium your insurer may charge, we may also charge you a fee if you ask us to make a policy alteration or supply duplicate documents. You will be advised if there is to be a charge when you contact us.

We will be entitled to retain all commission or agreed fees in respect of the full policy period if you cancel your policy or appoint another intermediary during the policy period.

In respect of any return premium due to you, we may be required to repay commission on that amount to your insurer. We may deduct this amount from the final amount due to you.

Payment of Premiums/Charges/Fees

Premiums/charges/fees should be paid as required and within the expected timescales. Failure to pay any amounts owed could invalidate your insurance contract.

Charges/fees relating to any particular insurance policy will be included in the quotation you receive.

We accept payment only by debit card or credit card.

Posting of documents

We reserve the right to charge you £3 for the posting of documents to cover postage, printing costs etc.

Looking after your Money

Premiums paid to us, but not yet passed to insurers, or refunds/claims money paid to us but not yet paid by us to you, are held in a statutory trust account. The trust protects money belonging to you.

We will retain any interest on this account. We only take our commission when we receive your premium.

If we have a risk transfer agreement with the insurer, this means that the premiums we collect from you will be deemed to have been paid to the insurer.

In accordance with the FCA Regulations we have to inform you that in managing and/or arranging your insurance requirements, we may transfer money that you have paid to us, in payment of an insurance premium, to another insurance intermediary.

Retention of Documentation

We will keep records of all our business transactions for as long as we are legally liable and in accordance with industry standards.

Governing Law

The relationship between us is governed by English law.

Money Laundering/Proceeds of Crime Act

UK money laundering regulations require us to obtain evidence of identity of clients for whom we act at the start of a business relationship. This might, for example be evidenced by sight of a current signed passport and two utility bills/bank statements. For companies (other than listed ones) evidence of identity will usually comprise of a copy of certificate of incorporation, a list of directors, a list of shareholders and the registered address.

We are obliged to report to the National Criminal Intelligence Service any evidence or suspicion of money laundering at the first opportunity and we are prohibited from disclosing any such report.

Customer Service

Address:

New Moon Insurance Services Limited
Pine Grove Business Centre

Pine Grove

Crowborough

East Sussex

TN6 1DH

New Moon Insurance Services Ltd is authorised by the FCA number 706599 and are authorised and regulated by The FCA.

New Moon's statutory status can be checked on the FCA register by visiting the FCA's website: https://register.fca.org.uk/ or by contacting the FCA on 08001116768.

New Moon Insurance Services Limited is registered at Pine Grove Business Centre, Pine Grove, Crowborough East Sussex TN6 1DH under number 6610290.

Notice to customers

You are advised that any telephone calls made to our Administration and Claims Handling Units may be recorded. These recordings may be used to monitor the accuracy of information provided by the customers and our own staff. They may also be used to allow additional training to be provided to our staff or to prove that our procedures comply with legal requirements. Our staff are aware that conversations may be monitored and recorded.

Copies of this document are available in Braille , Audio Cassette and large print on request