TERMS OF ENGAGEMENT
These terms of engagement form the basis on which Advisory, Brokerage and Insurance Leaders S.A. (further “ABIL”) agrees to act for you, our client as insurance broker. It applies each time you appoint ABIL as your insurance broker. By doing business with us you accept these terms of engagement on your own behalf and, as applicable, on behalf of any of your affiliates (including subsidiaries) for which you have appointed ABIL.
INFORMATION ABOUT THE COMPANY
ABIL is a limited liability company having its registered office at 163, route d’Arlon, L-8009 Strassen, Grand Duchy of Luxembourg, registered with the Luxembourg Trade & Companies Register under number B 209.748, authorized by the Commissariat aux Assurances as insurance broker under number 2016CM010, and represented by Mr Philippe Goutiere in his capacity as director.
DUTIES OF ABIL
- Duty to provide professional insurance intermediation services. We shall select one or more insurers that are most appropriate to cover your risk and negotiate the terms and conditions of any policy. In case of claims, we shall defend your interests against insurance companies.
- Duty to inform and advise. We shall take care that the insurance policy which will be proposed corresponds to your demands and needs. We hold ourselves to the rule that the information we provide is correct, clear and not misleading.
- Duty of independence. Our missions are carried out in full independence of any insurance carrier. Our only obligation is to uphold the interests of our clients.
DUTIES OF THE CLIENT
- Information. You must diligently communicate to ABIL each document and information which is reasonably indispensable for the provision of our services. As required by law, you must present the risk fairly and proactively disclose any relevant information.
- Compliance. You must comply with the terms and conditions of your insurance policy. Failure to do so could result in your policy being cancelled and or in a claim not being paid.
- Premium. You must pay the premiums in accordance with the amounts and payment dates specified on the invoices. Lack of (timely) premium payment could lead to absence of cover.
- Duty to check and inform yourself. You must familiarize yourself with the terms and conditions of any policy for which we have acted as insurance brokers. You must check all documentation supplied by or on behalf of ABIL to ensure there are no mistakes or misunderstandings.
- Record keeping. You must retain the full file with respect to each policy for as long as it is possible to make a claim under that policy and for as long as a claim is pending under that policy.
- Claims. In the event of an incident which could give rise to a claim, you must tell us as soon as possible. If you do not, an insurer may refuse to deal with your claim or reduce the coverage.
COMMUNICATION BETWEEN ABIL AND THE CLIENT
In case you have communicated your email address to us, and to the fullest extent permitted by law, ABIL may send any ordinary or registered letter by way of an electronic mail (e-mail) to you or by way of a PDF-document attached to an e-mail.
ABIL does not provide archiving services to its client or to any other party. You should keep yourself an identical and non-modified copy of any communication with us.
ABIL can not guarantee (complete) confidentiality and completeness of data and/or documents sent by e-mail, and accepts no liability for damages whatsoever related to data and/or documents communicated by e-mail.
We can not guarantee that your instructions have been received unless we have acknowledged them in writing.
REMUNERATION, INDUCEMENTS & CONFLICTS OF INTEREST POLICIES
Unless otherwise agreed between the parties, ABIL is remunerated by commission paid by the insurer out of premiums charged to the policyholder as long as the policy is in place. The parties may agree to work on a fee-based compensation model. In all instances, ABIL follows strict inducement & conflicts of interest policies with the aim to always put the client’s interest at the first place.
ABIL has concluded an exclusive partnership with AMELA 65 SPRL-S (Belgian CBE 0675.926.979), represented by Mr Alessandro Guarrata and authorized by the FSMA to provide services as insurance broker in Belgium, and in Luxembourg under FOS. All insurance intermediation services rendered by Mr Guarrata under the name of ABIL are under the responsibility or ABIL and are subject to the present terms of engagement.
CONFIDENTIALITY AND PERSONAL DATA
This section “Confidentiality and Personal Data” is not applicable if the parties have concluded a separate non-disclosure agreement.
Unless otherwise communicated in writing to ABIL, you expressly authorize us to communicate and transfer to insurers and/or other parties, within the scope of our services, any necessary information concerning your company and/or the risk for which you seek coverage.
Personal data will be processed and used only in the scope of our services and in accordance with the applicable legislation. ABIL will take all reasonable steps to keep all customer information secure at all times.
SCOPE OF SERVICES
The services of ABIL will never include the provision of accountancy, legal, taxation or other specialist advice or assistance (other than insurance brokering services or other services expressly agreed between you and us).
LIMITATION OF OUR LIABILITY
The following provisions set out our entire financial liability (including any liability for the acts or omissions of our employees, directors, associates, partners, managers, agents and subcontractors):
- Any liability shall be strictly limited to damage which has been established and which results directly from a fault committed by ABIL in the execution of the services. In no event shall we be liable for any loss of profit, indirect, special, consequential, incidental loss or damage or punitive damages;
- We are not responsible for the correct application and interpretation of the terms and conditions of an insurance contract by the insurers, including in cases where we negotiate, on behalf of the insured, specific clauses or extensions, or when we associate our name and logo to the policy contract;
- No person other than ABIL S.A. may be held liable in connection with the insurance intermediation services provided under the name ABIL; and
- Our total aggregate and cumulative liability towards the client, its affiliates and subsidiaries as well as the policyholder or the insured for the entire mission will be limited to maximum EUR 1,200,000 in respect of any one transaction or series of related transactions.
If any part of these terms of engagement is or becomes illegal, invalid or unenforceable then that part shall be deemed to be removed from these terms of engagement and shall not in any way affect the legality, validity or enforceability of the remaining terms of engagement.
GOVERNING LAW AND JURISDICTION
These terms of engagement, and the services provided, shall be governed by Luxembourg law, and any dispute shall be submitted to the exclusive jurisdiction of courts in Luxembourg.
You may cancel these terms of engagement with us at any time. We reserve the right to resign as your insurance broker at any time.
Should you wish to register a complaint, you can contact your regular contact at ABIL. For any further contact details, we refer to our website: www.abilinsurance.com
A complaint may also be registered with the Insurance Ombudsman:
Association des compagnies d’assurance du Grand-Duché de Luxembourg (ACA)
12, rue Erasme / L-1468 Luxembourg – Adresse postale: B.P. 448, L-2014 Luxembourg
Tel : 44 21 44 -1 – Fax : 44 02 89