TERMS OF BUSINESS AGREEMENT

Resolve Building Claims is a trading name operated under licence by Simon Leigh Associates ltd and is an Appointed Representative of EvolveU (UK) limited, Moreton House, 16 Trident Park, Trident Way, Blackburn, Lancashire, BB1 3NU which is an authorised and regulated by the Financial Conduct Authority.  Our Financial Services Register Number is 607575.  Our permitted business is assisting in the administration and performance of claim handling only.  You can check this on the Financial services Register by visiting the FCA’s website www.fca.org.uk/register or contacting the FCA on 0800 111 6768.

In this agreement “Resolve” shall refer to as Simon Leigh Associates trading as Resolve Building Claims and “You” shall refer to any person contracting for the purpose of goods and/or services from Resolve and “Your” shall be construed accordingly.

1

YOU

 

You irrevocably appoint Resolve to act on your behalf in relation to all matters concerning your claim on your policy of Insurance (“the claim”) including but not limited to:

1.1

Dealing exclusively with your Insurance company or its appointed representatives (“the Insurer”);

1.2

Handling all aspects of the Claim on your behalf as your duly appointed agent;

1.3

Negotiating and settling the claim;

1.4

Attending to correspondence, telephone calls and meetings with the insurer and/or Loss Adjustor;

1.5

Receiving payment of all monies when they become due in relation to the claim;

1.6

Instructing contractors and supplier (“the Contractors”) to undertake the reinstatement works arising out of the Claim (“the Reinstatement Works”);

1.7

Making all appropriate payments to the Contractors

2.

You further agree that:

2.1

All goods and services required to properly complete the reinstatement works will be supplied or undertaken by Resolve Building Claims

2.2

You shall forward to Resolve upon receipt of all correspondence and all monies relating to the claim to enable Resolve to deal with such matters with due expediency and that Resolve shall not be liable for any delays in the dealing with the Claim where that delay is as a result of Your breach of this clause;

2.3

Resolve shall not accept any responsibility for goods and/or services supplied or undertaken that have not been authorised or agreed by Resolve;

2.4

Upon satisfactory completion of the Reinstatement Works you shall provide written confirmation of the same to Resolve (such confirmation not to be unreasonably withheld of delayed);

3.

There will be no fees charged to You in respect of the Reinstatement Works or any goods to be supplied arising out of the Claim, provided that You are not in breach of this Agreement as follows;

3.1

You must ensure that Your Insurance Policy covers the circumstances giving rise to the Claim, if you are not covered You will be responsible for any costs incurred;

3.2

Where appropriate, and where instructed by You, to take all necessary steps on an emergency basis to mitigate the loss arising from the Claim.  The cost of any such steps will be agreed with you in advance and payable by You directly to the Contractor.  Resolve will attempt to recover these costs on Your behalf from the Insurer, if such costs are found to be irrecoverable from the Insurer then such costs will be payable in full by you;

3.3

Resolve reserves the right without prejudice to its other rights under this Agreement to charge reasonable fees to You to reflect its loss, as a result of any breach by you of this Agreement or if Resolve is prevented by Your from performing is obligations under this Agreement.

4.

RESOLVE

 

In consideration of you fulfilling your obligations under this Agreement Resolves agrees;

4.1

To instruct the Contractors to carry out the Reinstatement Works with all expediency and manage the claim on Your behalf to the best of our ability;

4.2

To accept all payments in settlement and forward appropriate payments to the Contractors upon completion of the Reinstatement work

5.

Quality of Service

 

We aim at all times to provide You with a service that will meet with your expectations.  However, if you have cause to complain about any aspect of the Reinstatement Works please contact Resolve Building Claims, Resolve House, 2 West Way, Brentwood, Essex.   CM14 4PB, or info@resolvebc.co.uk.  If you wish to register a complaint on how we have handled the insurance claim please contact EvolveU (UK) ltd, Moreton House, 16 Trident Park, Trident Way, Blackburn, BB1 3NU, 01254 675676.  If we cannot settle the complaint you may be entitled to refer it to the Financial Ombudsman Service.  www.financial-ombudsman.org.uk

6

Personal Information

 

Where it is required for the proper performance of our obligations under this Agreement, any personal information that you provide will be held securely as required under the Data Protection Act 1998 and will not be disclosed to other parties except as necessary to Your Insurer, Contractors, EvolveU and any organisation with legal entitlement to such information, including without limitations for regulatory purposes.

7.

Rights of Third Parties

 

It is the intention of the parties to this Agreement that a person who is not a party to the Agreement shall have no rights under the Contracts (Rights of the third parties) Act 1999 to enforce any term of this Agreement.

8

Notices

 

Any notice to be served on one Party by the other shall be sent by prepaid recorded delivery or registered post and shall be dee3med to have been received by the addressee within 72 hours of posting.

9

Waiver

 

No forbearance or delay by either Party in enforcing its rights will prejudice or restrict the rights of the Party, and no Waiver of any other right or any later breach.

10

Severance

 

In the event of that provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable of indications of the same are received by either of the Parties from any relevant competent authority the parties shall amend the provision in such reasonable manner as enforceable achieves the intention of the Parties or, at Resolves’ discretion, it may be severed from this Agreement in which event the remaining provisions shall remain in full force and effect.

11

Cancellation

 

You may cancel this Agreement at any time before Resolve commences the performance of its obligations in accordance with Clause 1 and/or 3

12

Termination

12.1

This Agreement shall terminate automatically upon the completion of both parties’ obligations;

12.2

Your failure to observe any obligation under this Agreement and any breach of them shall be deemed a fundamental breach which shall terminate this agreement immediately;

12.3

In the event this Agreement is terminated, howsoever caused, You shall pay immediately to Concept all payments due under the terms of this Agreement.

13.

Jurisdiction

 

This Agreement shall be governed by English Law.  The language in which this Agreement shall be interpreted and in which all communication shall be conducted will be English