Terms & Conditions
The Policyholder’s Requirements
- I/we, the Policyholder, have made known to Auctoritas Solutions Limited (ASL), directly or through an Introducer, the circumstances of the Claim and have further made it known that my/our, the Policyholder’s principal objective is to make a proper and fair claim and to agree recompense for the Claim with my/our Insurers as quickly as possible, on the best possible and fair terms, and in doing so, to ensure or procure settlement of all costs, expenses, disbursements and professional fees associated with the Claim properly payable by the
Policyholder’s rights and Obligations
- I/we, the Policyholder, appoint ASL as my agent to pursue, manage and conclude the claim on my behalf in consideration of the payment by us to ASL of the fee as defined herein
- In doing so I/we, the Policyholder, agree that ASL can agree the Works to be done and further agree with Insurers the cost of the Works
- The agreed fee (“the fee”) payable by me/us, the Policyholder to ASL for agreeing to settle all or any part of the claim is to be calculated at 10% plus VAT of the total negotiated claim settlement amount or such sum as ASL shall assess as a fair settlement figure whether agreed with the Insurer or responsible 3rd Party or not (although that fee may be varied by agreement in the case of high..value claims, in which case any variation to the fee will be agreed in wrifing).
- However, where I/we, the Policyholder, agree the appointment of an approved contractor from ASL’s network of approved contractors, (who shall carry out the work under contract to me/us), the fee otherwise chargeable on the value of the work will be waived in full by ASL and no formal charge will be made by ASL to me/us, the Policyholder, in relation to the management of the claim ASL will invoice the approved contractor, a management charge, in respect of all costs incurred by ASL in relation to dealing with handling the works and/or management of the claim
- Prior to ASL appointing on my/our behalf, an approved contractor in respect of the claim as per item 5 above, I/we, the Policyholder, have the right not to choose to have the work effected by that approved contractor and/or to appoint my/our own contractor, or further to take a cash settlement from the In the event I/we do not use the approved contractor for the works, or choose any of the aforementioned options, 1/we agree that the fee due and payable by me/us (the Policyholder) to ASL shall remain as defined in dause 4 plus 10% of any contents value negotiated on my behalf or alternatively, such different percentage, if such percentage is agreed or notified by ASL to me/us in writing
- In the event that I/we, the Policyholder choose to have my/our property reinstated in accordance with clauses 5 or 6 but subsequently change my/ our mind and opt for an alternative means of settling the claim and whether or not any or all of the work has been carried out, or is in progress or even has not been started, then the Fee payable by me/us as Policyholder shall be 15% plus VAT of the total negotiated claim settlement amount or such sum as ASL shall assess as a fair settlement figure whether agreed with the Insurer or responsible 3rd Party or
- (a) I/we, as Policyholder, are free to cancel this mandate at any time, but if conceited prior to ASL having, in its opinion, every reasonable chance to achieve a cash settlement or arrange the appointment of an approved contractor of my choice to achieve the principal objective, I/we, the Policyholder, will pay to ASL the fee as defined in clause 4 plus an or any approved surveyor, contractor or consultants fees or in clause 7 whichever shall be
(b) Subject to the Notice of Right to Cancel on page 1 of this Mandate, 1/We as Policyholder shall only be entitled to cancel this Mandate at any time after ASL has commenced provision of its services provided that I/We obtain the written agreement of ASL and shall pay the fee as defined in clause 4 or 7 as the case may be or in the absolute discretion of ASL such sum as ASL shall reasonably assess as its loss of profit plus the cost of any Surveyor’s, Contractor’s or Consultant’s fees(hereinafter referred to as the ” cancellation fees”).
- Should any conflict of interest arise ASL will declare it to me/us, the Policyholder, and if that conflict cannot be managed to my/our satisfaction, as Policyholder, I/we will have the right to cancel this In such circumstances payment by me/us of cancellation fees win be due to ASL, the approved contractor and consultant per clause 7 or 8 above as the case may be. Such cancellation fees shall be the same sum as the fee as defined in clause 4 plus all or any approved surveyor, contractor or consultant’s fees incurred.
- 1/we the Policyholder instruct insurers to make direct payments to ASL’s client account in settlement of any and all agreed settlement amounts due under the claim And I/we the Policyholder authorise and instruct any such insurer or responsible 3rd Party to make such payments and further authorise ASL to disclose a copy of this signed Mandate to any such insurer or responsible 3rd Party for this
- It is agreed that if for whatever reason insurers pay all or any of the agreed settlement amount or any part thereof to me/us, the Policyholder direct I/we will be wholly responsible for settling ASL’s fees, the approved contractors costs consultants fees and any disbursements immediately upon receipt
- Thefinaldatefor payment of the fee, approved contractors costs, consultant’s fees any disbursements and the agency shall be’14 days after presentation of the claim for such things to me by ASL or other Allpayments must be made on time in full and without deduction, set off or counterclaim.
- 1/we, the Policyholder, undertake to deal honestly with ASL in all representations, communications, discussions and engagements with ASL and ASL reserves the right to withdraw its services, those of the approved contractor and/or consultants at any time, should there be a reasonable suspicion that the claim or any part thereof is dishonest or not properly founded. In the event of ASL withdrawing, I, the Policyholder, will pay the cancellation fees to ASL, the approved surveyor, contractor and/ or the consultant as well as any disbursements including associated tax/ VAT calculated in accordance with the relevant clause of this Mandate in accordance with the pertaining circumstances.
- 1/we, the Policyholder, understand, I/we are required to provide ASL with such assistance as it reasonably asks for, including provision of documents, information and written authority to deal with insurers or to obtain relevant protected data from the parties involved, including but not limited to insurers and mortgagees
- ASL accepts responsibility to undertake on behalf of the Policyholder the management of the ASL will carry a minimum of E2 million professional indemnity insurance issued by an authorised insurer.
- ASL is authorised to hold client monies and is regulated by the FCA number 515147 and shall maintain such authorisation and membership until the claim is
- ASL’s FCA authorisations are available to view on the FCA register by visiting fca gov.uk/register or contacting the FCA on (0800) 111 6768
- ASL will protect the Policyholder’s confidentiality and keep secure an data relating to its dealings with the
- All work in connection with the management of and assessment of the claim will be done in accordance with the professional code of conduct of the Chartered Institute of Loss Adjusters and the standards set down for the proper conduct of business regulated by the Financial Conduct Authority. ASL will conduct itself ethically and honestly with proper regard to the rights and dignity of all those dealt
- For the avoidance of doubt the parties agree that any contractor who undertakes any part of the works as defined shall be deemed to have been engaged by the Policyholder at their absolute discretion and at their own risk. it is further agreed that ASL shall have no liability whatsoever, vicarious or otherwise, in respect of any loss or damage arising in respect of any work supply of goods or materials or se rvices undertaken by any