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 executive director.
ABIL is part of Assurances Consulting Courtage S.A. (ACC), a Luxembourg based insurance broker (Luxembourg RCS B80345) represented by Mr. Thierry Vinaschi and authorized by the Commissariat aux Assurances under number 2002CM007. ABIL and ACC are in a commercial relationship whereby one may eventually work as subcontractor for the other, depending on their respective levels of specialization.
ABIL has concluded an exclusive partnership with AMELA 65 SPRL-S (AMELA), a Belgian based insurance broker (Belgian CBE 0675.926.979) represented by Mr. Alessandro Guarrata and authorized by the FSMA under number 0675926979. AMELA acts as exclusive subcontractor of ABIL.
ACC and AMELA are both referred to as « Associated Companies ». The terms « ABIL », « we », « our », « us » or alike in the present terms of engagement shall automatically encompass the Associated Companies each time that such Associated Companies render services to you as long as you have appointed ABIL as your insurance broker.
DUTIES OF ABIL
Our duty shall be to provide insurance intermediation services as you may expect to receive from a professional and regulated counterparty. In accordance with the mandate that you have given us, our duties shall include:
- Duty to provide insurance intermediation services. We shall determine your demands and needs, select one or more insurers that are most appropriate to cover your risks and negotiate the terms and conditions of your insurance policies, it being understood that the final decision shall always remain yours;
- Duty to manage. We shall proactively manage your renewing insurance policies and, where appropriate, suggest changes to the setup;
- Duty to inform and advise. We hold ourselves to the rule that the information we provide is correct, clear and not misleading;
- Duty to be independent. Our missions are carried out in full independence of any insurance carrier. Our only obligation is to uphold the interests of our clients.
Our services will never include the provision of accountancy, legal, taxation or other specialized advice or assistance (other than insurance brokering services or other services expressly agreed between you and us).
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 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 e-mail address to us, and to the fullest extent permitted by law, we may send any ordinary or registered letter by way of an e-mail to you or by way of a PDF-document attached to an e-mail. Unless you explicitly instructs us not to do so, we may take the initiative to contact you per e-mail and provide you with risk & insurance related information pertinent to your situation.
We do not provide archiving services to our clients or to any other party. You should keep yourself an identical and non-modified copy of any communication with us.
We 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
As a standard way of working, we are remunerated by commissions paid by the insurer out of premiums charged to the policyholder as long as the policy is in place. The parties may however agree to work, fully or partially, on a fee-based compensation model whereby the fees are paid by you directly to us on the basis of an engagement letter determining the exact scope of the services provided by us and the corresponding fees.
Irrespective of whether we are remunerated by commissions or by fees, we follow strict inducement & conflicts of interest policies with the aim to always put the client’s interest at the first place. Under no circumstances shall ABIL accept to receive contingent commissions from insurers, i.e. commissions paid by insurers to intermediaries meeting specific goals regarding the volume or the profitability of insurance policies placed with them during a given time period.
CONFIDENTIALITY AND PERSONAL DATA
We are subject to strict rules on professional confidentiality according to article 300 of the Luxembourg law of 7/12/2015 on Insurance Sector. We do not disclose any client related information except in the circumstances provided for in the law, our professional regulation or upon the instruction of the client.
No professional secrecy obligation exists as regards the communication of confidential information to (re-) insurance companies and other insurance professionals, banking institutions, or professionals of the financial sector when such communication is strictly necessary within the framework of a services contract.
In addition, you hereby irrevocably authorize and instruct us to lift the professional secrecy and share your data with our service providers (including but not limited to accounting companies, digital messaging providers, IT service providers, brokers, advisors, claims adjusters …) located in Luxembourg or in foreign countries that do not offer a level of protection equivalent to the level of protection granted in Luxembourg, when this communication is required or useful to perform our services, improve efficiency or satisfy legal and regulatory obligations prior, during or after the conclusion of an insurance policy. They are:
- Partenaires Sociaux in Luxembourg,
- Computer Land Group, in Belgium and Luxembourg
- FKP Services in Luxembourg
- Fiduciaires Denis Soumann in Luxembourg
- Microsoft Corporation, in European Union
- Assurances Consulting Intermédiaires, in Luxembourg
The present consent/instruction shall remain in full force and effect as long as you maintain a relationship with us, and data which felt within the scope of or was transferred by virtue of this consent/instruction prior to such termination, will remain subject to this consent/instruction.
When collecting personal data, we shall comply with the General Data Protection Regulation (Regulation (EU) 2016/679) and any national legislation which implements it (together the « Data Protection Legislation », or « DPL »), and shall take all reasonable steps to keep all customer information secure at all times.
If medical/health data concerning you is necessary to perform our services, you hereby give your permission to ABIL to collect and process those data for such specific scope.
We will keep personal information as long as necessary for satisfying the purposes for which it was collected, subject always to the legal periods of limitation and to the situations where the applicable laws require or allow that the personal information is retained for a certain period of time after the termination of the contractual relationship.
Subject to the conditions of the DPL, and where relevant, you may exercise the following rights with respect to your personal data: have access to them; correct them should they be inaccurate; erase them; limit their processing, transfer them to another person. For any additional information or to exercise your rights, you can send a written request to: firstname.lastname@example.org.
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, Associated Companies, partners, managers, agents and subcontractors):
- Our liability shall be strictly limited to established direct damages resulting from gross negligence, willful misconduct or fraud in the execution of our mission. 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 damages made to you and deriving from the occurrence of a case of absolute necessity, a measure taken by a Luxemburgish or foreign public authority and in particular a change of legislation;
- Despite our best efforts to select appropriate counterparties, under no circumstance shall we guarantee the solvability of an insurer.
- We are not responsible for the correct application and interpretation of the terms and conditions of an insurance contract by the insurers, including when 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 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 1,310,000 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 of Luxembourg Ville.
You may cancel these terms of engagement with us at any time. In such event, we will be entitled to receive any remuneration earned or payable at that date, by set-off or otherwise, including brokerage due or to become due on further instalments of premium and any further instalments of fees which were to become payable. 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 Regulator: Commissariat aux Assurances (CAA), 7 Boulevard Joseph II / L-1840 Luxembourg, Tel : 22 69 11 -1 – Fax : 22 69 10, e-mail : email@example.com