Terms and Conditions. Mentor Employment Law, Health & Safety, Environmental and Tax. Make it happen

Transcription

1 Terms and Conditions Mentor Employment Law, Health & Safety, Environmental and Tax Make it happen

2 Mentor Contact Information 100 West George Street Glasgow G2 1PP Tel: Fax: Hardman Boulevard Manchester M3 3AQ Tel: nd floor, Sapphire West 550 Streetsbrook Road Solihull West Midlands B91 1QY Tel: rd floor 6-7 New Bridge Street London EC4V 6AB Tel: Info@mentor.uk.com Web:

3 Introduction 3 Introduction This booklet sets out the terms and conditions relating to the packaged Employment Law, Health & Safety, Environmental and Tax services offered by RBS Mentor. It should be read and understood by customers as it will form part of any contract with RBS Mentor together with the terms of a signed Order Form. The packaged Employment Law, Health & Safety, Environmental and Tax services include optional insurance, which is available at no additional cost. Details relating to the insurance services are set out in the policy summaries within this booklet. Please note that RBS Mentor is not providing you with a personal recommendation as to whether the insurance services provided are suitable for your specific needs. The services meet the demands and needs of businesses that wish to ensure that they have protection against the cost of defending Employment Tribunal claims, Health & Safety prosecutions, Environmental prosecutions or Revenue Authority disputes and investigations. Contents Keyfacts About Our Insurance Services 4 Policy Summary - Employment Practice Liability Insurance 6 Policy Summary - Health & Safety Legal Defence Insurance 8 Policy Summary - Environmental Legal Defence Insurance 10 Policy Summary - Tax Fee Protection Insurance 12 Terms and Conditions 14 For more information Please call Mentor on

4 4 Keyfacts About Our Insurance Services About Our Insurance Services 1. The Financial Services Authority (FSA) The FSA is the independent watchdog that regulates financial services. It requires us to give you this document. Use this information to decide if our services are right for you. 2. Whose products do we offer? We offer products from a range of insurers. We can only offer products from a limited number of insurers. We can only offer products from AXA Insurance UK plc for Health & Safety Legal Defence Insurance and Tax Fee Protection Insurance and from Inter Partner Assistance SA for Employment Practice Liability Insurance and Environmental Legal Defence Insurance. 3. Which service will we provide you with? We will advise and make a recommendation for you after we have assessed your needs. You will not receive advice or a recommendation from us for Employment Practice Liability Insurance; Health & Safety Legal Defence Insurance; Environmental Legal Defence Insurance and Tax Fee Protection Insurance. We may ask some questions to narrow down the selection of products that we will provide details on. You will then need to make your own choice about how to proceed. 4. What will you have to pay us for our services? A fee No fee You will receive a quotation which will tell you about any other fees relating to any particular insurance policy. 5. Who regulates us? The Royal Bank of Scotland plc, 280 Bishopsgate, London EC2M 4RB is authorised and regulated by the Financial Services Authority. Our FSA Register number is Our permitted business includes arranging, advising on, and assisting in the administration and performance of a contract of non-investment insurance. You can check this on the FSA s Register by visiting the FSA s website or by contacting the FSA on

5 Keyfacts About Our Insurance Services 5 6. Ownership The Royal Bank of Scotland Group plc, which is a parent undertaking of various insurance companies in The Royal Bank of Scotland Group (including companies in the Direct Line Group (such as Direct Line Insurance plc, Direct Line Life Insurance Company Limited, National Insurance and Guarantee Corporation Limited, UK Insurance Limited and Privilege Insurance Company Limited), Churchill Insurance Company Limited and also National Westminster Life Assurance Limited and Royal Scottish Assurance plc), also directly wholly owns and controls The Royal Bank of Scotland plc. 7. What to do if you have a complaint If you wish to register a complaint, please contact us:- In writing The Royal Bank of Scotland Mentor Services, Customer Relations Manager, 100 West George Street, Glasgow G2 1PP By phone If you cannot settle your complaint with us, you may be entitled to refer it to the Financial Ombudsman Service. 8. Are we covered by the Financial Services Compensation Scheme (FSCS)? We are covered by the FSCS. You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. Insurance advising and arranging is covered for 100% of the first 2,000 and 90% of the remainder of the claim, without any upper limit. Further information about compensation scheme arrangements is available from the FSCS at For more information Please call Mentor on

6 6 Policy Summary - Employment Practice Liability Insurance Employment Practice Liability Insurance This is a policy summary only and does not detail the full terms and conditions of the insurance policy. Full details of the insurance policy terms and conditions can be found in the policy document. Employment Practice Liability Insurance is underwritten by UK Underwriting Ltd on behalf of Inter Partner Assistance SA. Inter Partner Assistance SA, The Quadrangle, Station Road, Redhill, Surrey RH1 1PR, registered no. FC is a branch of Inter Partner Assistance SA (IPA SA) based in Belgium and part of the worldwide AXA Group. IPA SA is authorised by the Commission Bancaire, Financere et des Assurance (CBFA) in Belgium (their regulatory arm) and authorised and regulated by the Financial Services Authority here in the UK. Their FSA Register number is Their regulative activities are Miscellaneous Financial Loss, Legal Expenses and Assistance. Under the Financial Services and Markets Act 2000, should Inter Partner Assistance SA be unable to meet all of its liabilities to policyholders, compensation may be available. Insurance advising and arranging is covered for 100% of the first 2,000 and 90% of the remainder of the claim, without any upper limit. Information can be obtained by visiting the Financial Services Compensation Scheme website at What is covered by the Employment Practice Liability Insurance? Employment Practice Liability Insurance provides indemnity against: Legal representation and defence costs in respect of any legal action arising out of or in connection with a contract of employment, or breach of employment legislation (Policy Section: Cover); Awards resulting from a judgement in a dispute under employment legislation, or an out-of-court settlement with the agreement of Mentor Services (Policy Section: Cover). Duration The cover will last for a period of one year. The date of commencement and expiry of the cover will be specified in the Schedule of the policy document. Cover can be cancelled by either party by giving 30 days notice in writing to the other. There is no separate charge for the optional insurance cover so no refund of premium will be due. What are the significant exclusions and limitations of the Employment Practice Liability Insurance? Any claim arising from an employment dispute which occurred prior to the first period of insurance (Exclusion 1n); Any claim arising from an employment dispute if the breach or alleged breach is not committed during the period of insurance and in the course of your business (Exclusion 1a); Any awards, legal representation costs and defence costs where you have failed to obtain advice from Mentor Services or, having obtained such advice, have failed to follow that advice (Exclusion 1e); Any dispute where the insured event arises before the first period of insurance or any dispute with any employee who was subject to: formal or informal written or verbal warnings within 180 days immediately before the first period of insurance, redundancy, alleged redundancy or unfair selection for redundancy arising within the first 90 days of the first period of insurance (Exclusion 1d); Any money due under a contract of employment or other contractual or legislative provision (Exclusion 1c); Civil or criminal fines or penalties imposed by law (Exclusion 1h); Non-compensatory damages including punitive or exemplary damages (other than damages awarded for defamation, libel and slander) (Exclusion 1i); Any claim where you are entitled to indemnity from another source (Exclusion 1j).

7 Policy Summary - Employment Practice Liability Insurance 7 Limit of Liability 1,000,000 any one claim and/or in the annual aggregate for all claims made in one period of insurance. How do I make a claim under the Employment Practice Liability Insurance? You can notify a claim by calling The Royal Bank of Scotland Mentor Services, Litigation Department, 100 West George Street, Glasgow, G2 1PP. Tel: Fax: How to make a complaint regarding the insurance provided by UK Underwriting Ltd on behalf of Inter Partner Assistance SA If you have a complaint please contact the Head of Mentor Services in the first instance. The contact details are Head of Mentor, The Royal Bank of Scotland Mentor Services, 100 West George Street, Glasgow, G2 1PP. Tel: Fax: If you remain dissatisfied following this you can pursue your complaint further by contacting the Inter Partner Assistance SA agent, UK Underwriting Ltd, 2 Gibraltar House, Bowcliffe Road, Off Gibraltar Island Road, Leeds LS10 1HB. Inter Partner Assistance SA has designated UK Underwriting Ltd as its agent for this purpose. Using our complaints procedure or referral to the Financial Ombudsman Service does not affect your legal rights. If we are unable to resolve the problem you have the right to make an appeal to the Financial Ombudsman Service if you are insured in a business capacity but have a group annual turnover of less than 1million, or are a charity with an annual income of less then 1million, or a trustee of a trust with a net asset value of less than 1million. Payment of Premiums There is no separate charge for the optional insurance cover. The cost of the Mentor Service is inclusive of any applicable Insurance Premium Tax at the current rate. Law and Language Unless otherwise agreed the language of this policy and all communications relating to it will be in English and all aspects of the policy, including negotiation and performance, are subject to the law which applies to the part of the United Kingdom in which you live. For more information Please call Mentor on

8 8 Policy Summary - Health & Safety Legal Defence Insurance Health & Safety Legal Defence Insurance This is a policy summary only and does not detail the full terms and conditions of the insurance policy. Full details of the insurance policy terms and conditions can be found in the policy document. Health & Safety Legal Defence Insurance is underwritten by UK Underwriting Ltd on behalf of AXA Insurance UK plc. AXA Insurance UK plc is authorised and regulated by the Financial Services Authority. Registered in England & Wales No.78950, Registered Office: 5 Old Broad Street, London, EC2N 1AD. The Financial Services Authority website, which includes a register of all regulated firms, can be visited at or the Financial Services Authority can be contacted on Under the Financial Services and Markets Act 2000, should AXA Insurance UK plc be unable to meet all of its liabilities to policyholders, compensation may be available. Insurance advising and arranging is covered for 100% of the first 2,000 and 90% of the remainder of the claim, without any upper limit. Information can be obtained by visiting the Financial Services Compensation Scheme website at What is covered by the Health and Safety Legal Defence Insurance? Health and Safety Legal Defence Insurance provides indemnity against legal costs and other expenses incurred with the insurer's prior agreement in the defence of any prosecution (including an appeal against a prosecution) for a breach or alleged breach of: 1. Health and Safety at Work and Occupational Hygiene including but not limited to the Health and Safety at Work Act 1974 or the Health & Safety at Work (Northern Ireland) Order 1978 and their supporting Regulations. 2. Food safety hygiene and food legality including but not limited to the Food Safety Act Occupational hygiene including but not limited to the COSHH and CHIP regulations. 4. Supply of safe goods including but not limited to the Consumer Protection Act 1987, the Food Safety Act 1990 and the Health & Safety at Work Act The Carriage of Dangerous Goods Regulations provided that the insured is contracted to the Appointed Consultant to provide a Dangerous Goods Safety Advisor as requested by the transport of Dangerous Goods (Safety Advisors) Regulations An appeal against the service of an Improvement Notice or a Prohibition Notice under the Health and Safety at Work Act 1974 or the Health and Safety (Northern Ireland) Order 1978 and their supporting Regulations. 7. Breaches of the Regulatory Reform (Fire Safety) Order 2005 and the Fire (Scotland) Act Corporate Manslaughter & Corporate Homicide Act Or similar legislation enacted. (Policy Section: Cover) Duration The cover will last for a period of one year. The date of commencement and expiry of the cover will be specified in the Schedule of the policy document. Cover can be cancelled by either party by giving 30 days notice in writing to the other. There is no separate charge for the optional insurance cover so no refund of premium will be due.

9 Policy Summary - Health & Safety Legal Defence Insurance 9 What are the significant exclusions and limitations of the Health & Safety Legal Defence Insurance? Breach or alleged breach is not committed during the period of insurance and in the course of your business (Exclusion 1a); For any claim where you have failed to seek and act on the telephone advice from Mentor Services Health & Safety Helpline on becoming aware of any situation which may result in a claim or where you have failed to act on recommendations made in any audit report by Mentor Services (Exclusion 1b); For any claim where you have failed to notify us as soon as possible of anything that may give rise to a prosecution (Exclusion 1c); Where in our opinion there is no reasonable prospect of success (Exclusion 1e); Fines, damages or other penalties (Exclusion 2a); Legal expenses relating to any judicial review (Exclusion 2b); Where reasonable precautions have not been taken (Conditions and Clauses); Where other insurance is covering the same risk at the time of a claim (Conditions and Clauses); Limit of Liability 100,000 any one loss and in the annual aggregate 500,000 per policy inclusive of all costs. How do I make a claim under the Health and Safety Defence Insurance? You can notify a claim by calling The Royal Bank of Scotland Mentor Services, Litigation Department, 100 West George Street, Glasgow, G2 1PP. Tel: Fax: How to make a complaint regarding the insurance provided by UK Underwriting Limited on behalf of AXA Insurance UK plc If you have a complaint please contact the Head of Mentor in the first instance. The contact details are Head of Mentor, The Royal Bank of Scotland Mentor Services, 100 West George Street, Glasgow, G2 1PP. Tel: Fax: If you remain dissatisfied following this you can pursue your complaint further by contacting the AXA Insurance UK plc agent, UK Underwriting Ltd, 2 Gibraltar House, Bowcliffe Road, Off Gibraltar Island Road, Leeds LS10 1HB AXA Insurance UK plc has designated UK Underwriting Ltd as its agent for this purpose. Using our complaints procedure or referral to the Financial Ombudsman Service does not affect your legal rights. If we are unable to resolve the problem you have the right to make an appeal to the Financial Ombudsman Service if you are insured in a business capacity but have a group annual turnover of less than 1million, or are a charity with an annual income of less then 1million, or a trustee of a trust with a net asset value of less than 1million. Payment of Premiums There is no separate charge for the optional insurance cover. The cost of the Mentor Service is inclusive of any applicable Insurance Premium Tax at the current rate. Law and Language Unless otherwise agreed the language of this policy and all communications relating to it will be in English and all aspects of the policy, including negotiation and performance, are subject to the law which applies to the part of the United Kingdom in which you live. For more information Please call Mentor on

10 10 Policy Summary - Environmental Legal Defence Insurance Environmental Legal Defence Insurance This is a policy summary only and does not detail the full terms and conditions of the insurance policy. Full details of the insurance policy terms and conditions can be found in the policy document. Environmental Legal Defence Insurance is underwritten by UK Underwriting Ltd on behalf of Inter Partner Assistance SA. Inter Partner Assistance SA, The Quadrangle, Station Road, Redhill, Surrey RH1 1PR, registered no. FC is a branch of Inter Partner Assistance SA (IPA SA) based in Belgium and part of the worldwide AXA Group. IPA SA is authorised by the Commission Bancaire Financere et des Assurance (CBFA) in Belgium (their regulatory arm) and authorised and regulated by the Financial Services Authority here in the UK. Their FSA Register number is Their regulative activities are Miscellaneous Financial Loss, Legal Expenses and Assistance. Under the Financial Services and Markets Act 2000, should Inter Partner Assistance SA be unable to meet all of its liabilities to policyholders, compensation may be available. Insurance advising and arranging is covered for 100% of the first 2,000 and 90% of the remainder of the claim, without any upper limit. Information can be obtained by visiting the Financial Services Compensation Scheme website at What is covered by the Environmental Legal Defence Insurance? Environmental Legal Defence Insurance provides indemnity against legal costs and other expenses incurred with the insurer's prior agreement in the defence of any prosecution (including an appeal against a prosecution) for a breach or alleged breach of: Environmental legislation or EU environmental regulation in the UK brought about by private or public authorities including, but not limited to, water, sewage or drainage companies, local authorities, Environment Agency for England & Wales, Scottish Environmental Protection Agency (SEPA) and Northern Ireland Environment Agency (NIEA). (Policy Section: Cover). Duration The cover will last for a period of one year. The date of commencement and expiry of the cover will be specified in the Schedule of the policy document. Cover can be cancelled by either party by giving 30 days notice in writing to the other. There is no separate charge for the optional insurance cover so no refund of premium will be due. What are the significant exclusions and limitations of the Environmental Legal Defence Insurance? Breach or alleged breach is not committed during the period of insurance and in the course of your business (Exclusion 1a) For any claim where you have failed to seek and act on the telephone advice from Mentor Services Environmental Helpline on becoming aware of any situation which may result in a claim or where you have failed to act on recommendations made in any audit provided by Mentor Services (Exclusion 1b) For any claim where you have failed to notify us as soon as possible of anything that may give rise to a prosecution (Exclusion 1c) Where in our opinion there is no reasonable prospect of success (Exclusion 1e) Businesses operating in Mining, Quarrying, Utilities and Waste Management with the exception of companies providing services to these sectors (Exclusion 1m) Fines, damages or other penalties including remediation costs (Exclusion 2a) Legal expenses relating to any judicial review (Exclusion 2b) Where reasonable precautions have not been taken (Conditions and Clauses) Where other insurance is covering the same risk at the time of a claim (Conditions and Clauses)

11 Policy Summary - Environmental Legal Defence Insurance 11 Limit of Liability 50,000 any one loss and in the annual aggregate 500,000 per policy inclusive of all costs. How do I make a claim under the Environmental Legal Defence Insurance? You can notify a claim by calling The Royal Bank of Scotland Mentor Services, Litigation Department, 100 West George Street, Glasgow, G2 1PP. Tel: Fax: How to make a complaint regarding the insurance provided by UK Underwriting Ltd on behalf of Inter Partner Assistance SA If you have a complaint please contact the Head of Mentor Services in the first instance. The contact details are Head of Mentor, The Royal Bank of Scotland Mentor Services, 100 West George Street, Glasgow, G2 1PP. Tel: Fax: If you remain dissatisfied following this your can pursue your complaint further by contacting the Inter Partner SA agent, UK Underwriting Ltd, 2 Gibraltar House, Bowcliffe Road, Off Gibraltar Island Road, Leeds LS10 1HB. Inter Partner Assistance SA has designated UK Underwriting Ltd as its agent for this purpose. Using our complaints procedure or referral to the Financial Ombudsman Service does not affect your legal rights. If we are unable to resolve the problem you have the right to make an appeal to the Financial Ombudsman Service if you are insured in a business capacity but have a group annual turnover of less than 1million, or are a charity with an annual income of less then 1million, or a trustee of a trust with a net asset value of less than 1million. Payment of Premiums There is no separate change for the optional insurance cover. The cost of the Mentor Service is inclusive of any applicable Insurance Premium Tax at the current rate. Law and Language Unless otherwise agreed the language of this policy and all communications relating to it will be in English and all aspects of the policy, including negotiation and performance, are subject to the law which applies to the part of the United Kingdom in which you live. For more information Please call Mentor on

12 12 Policy Summary - Tax Fee Protection Insurance Tax Fee Protection Insurance This is a policy summary only and does not detail the full terms and conditions of the insurance policy. Full details of the insurance policy terms and conditions can be foundin the policy document. Tax Fee Protection Insurance is underwritten by UK Underwriting Ltd on behalf of AXA Insurance UK plc. AXA Insurance UK plc registered in England No Registered office: 5 Old Broad Street, London EC2N 1AD. AXA Insurance UK plc is authorised and regulated by the Financial Services Authority (FSA). Their authorisation can be confirmed by the FSA by calling or at What is covered by the Tax Fee Protection Insurance? Tax Fee Protection Insurance will cover costs incurred by your authorised representative and associated specialists in defence of an enquiry from the Revenue authorities. The insurance will provide cover in respect of fees, expenses and disbursements incurred by your authorised representative arising in the event of an enquiry, investigation or dispute including: HM Revenue & Customs full enquiries HM Revenue & Customs aspect enquiries Value Added Tax disputes Pay As You Earn employer compliance disputes National Insurance Contribution employer compliance disputes The cover includes appeals and tribunals, giving you the comfort that you have adequate resources to fully defend claims made against you by the Revenue authorities which you consider to be unfair. Benefits to you. Removes the uncertainty of unexpected defence costs Provides comfort that your professional fees will be met Allows your accountant to defend your case Gives you the resources to achieve a fair result Gives cover to directors, members and partners of the business Duration The cover will last for a period of one year. The date of the commencement and expiry of the cover will be specified in the Schedule of the policy document. Cover can be cancelled by either party by giving 30 days notice in writing to other. There is no seperate charge for the optional insurance cover so no refund of premium will be due. What are the significant exclusions and limitations of the Tax Fee Protection Insurance? Features Significant Exclusions or Limitations Policy Section Insurance cover of professional fees in respect of HM Revenue & Customs enquiries, investigations or disputes into the returns of the insured business including Directors, Members and Partners of the business. IR35 Disputes Fees incurred prior to notification of a claim to the claims handler Enquiries, investigations or disputes which have commenced prior to the inception of the policy; Enquiries resulting from tax returns that are submitted outside the statutory time limits; Where you do not keep prime business records; Matters where fraudulent activities or evasion of tax is involved; Some tax avoidance schemes; Any dispute arising under the National Minimum Wage Act or Tax Credit Act; Only the first 15,000 of other income from outside the insured business will be covered in respect of Directors, Members and Partners. Full details can be found in the policy document Provided always that the total aggregate limit of liability for any fees under this extension shall not exceed 5,000 in any one Period of Insurance. Subject to a 250 excess. Full details can be found in the policy document Claims Settlement Conditions 1 Exclusions 3. Exclusions 7. Gen. Conditions 5. Insuring Clauses Section 1 & 2. Gen. Conditions 7. Exclusions 11. Policy Schedule Definitions, HM Revenue & Customs 4.

13 Policy Summary - Tax Fee Protection Insurance 13 Limit of Liability 50,000 of any one loss and in the annual aggregate per policy inclusive of all costs How do I make a claim under the Tax Fee Protection Insurance? You can notify a claim by calling The Royal Bank of Scotland Mentor Services, 2nd floor, Sapphire West, 550 Streetsbrook Road, Solihull, West Midlands, B91 1QY. Telephone number Fax: How to make a complaint regarding the insurance provided by UK Underwriting Limited on behalf of AXA Insurance UK plc If you have a complaint please contact the Head of Mentor in the first instance. The contact details are Head of Mentor, The Royal Bank of Scotland Mentor Services, 100 West George Street, Glasgow, G2 1PP. Tel: Fax: If you remain dissatisfied following this you can pursue your complaint further by contacting the AXA Insurance UK plc agent, UK Underwriting Ltd, 2 Gibraltar House, Bowcliffe Road, Off Gibraltar Island Road, Leeds LS10 1HB. AXA Insurance UK plc has designated UK Underwriting Limited as its agent for this pupose. Using our Complaints procedure or referral to the Financial Ombudsman Service does not affect your legal rights. If we are unable to resolve the problem you have the right to make an appeal to the Financial Ombudsman Service if you are insured in a business capacity but have a group annual turnover of less than 1 million, or are a charity with an annual income of less than 1 million, or a trustee of a trust with a net asset value of less then 1 million. Payment of Premiums There is no separate charge for the optional insurance cover. The cost of the Mentor Service is inclusive of any applicable Insurance Premium Tax at the current rate. Compensation Scheme Under the Financial Services and Markets Act 2000, should AXA Insurance UK plc be unable to meet all of its liabilities to policyholders, compensation may be available. Insurance advising and arranging is covered for 100% of the first 2,000 and 90% of the remainder of the claim, without any upper limit. Information can be obtained by visiting the Financial Services Compensation Scheme website Law and Language Unless otherwise agreed the language of this policy and all communications relating to it will be in English and all aspects of the policy, including negotiation and performance, are subject to the law which applies to the part of the United Kingdom in which you live. For more information Please call Mentor on

14 14 Terms and Conditions Terms Forming Part of The Contract In this agreement: You and Your means the business or company named in the Customer Details section of the Order Form; We, Our and Us means The Royal Bank of Scotland Mentor Services, 100 West George Street, Glasgow G2 1PP; Underwriters means Inter Partner Assistance SA, The Quadrangle, Station Road, Surrey RH1 1PR for the Employment Practice Liability Insurance and the Environmental Legal Defence Insurance, and AXA Insurance UK plc, 5 Old Broad Street, London EC2N 1AD for Health and Safety Legal Defence Insurance and Tax Fee Protection Insurance. Intermediary means The Royal Bank of Scotland Mentor Services acting under the delegated authority of the underwriters; Service means the service option or options selected by you in the Mentor Services Required section of the Order Form; Commencement Date means the date, following signature by you of the Order Form, which we confirm to you in writing as being the date on which these Terms and Conditions come into effect, or such other date which is mutually agreed by you. 1. Annual Declaration a. No later than 14 days prior to each anniversary of the commencement date you will complete an annual declaration in such form as shall be required by the Intermediary; b. If your gross annual wageroll shown on the declaration has increased by more than 20% or decreased by more than 30% from the wageroll shown on the previous year s declaration, then we reserve the right to increase or decrease our monthly charges; c. Full details of the underwriters and the policies provided by them under the optional insurance cover will be provided separately; d. We are entitled to change underwriters provided that we notify you and that any new arrangements provide you with similar cover. 2. Termination a. The initial period of the contract will be as specified on the Order Form; b. After the initial period, the contract will continue on an indefinite basis subject to termination by either party giving no less than 3 months prior written notice; c. At the end of the initial period and annually thereafter, the monthly costs paid by you to us will be subject to a review. We will notify you of any revised costs at least 30 days before the end of the initial contract period and 30 days before contract anniversary thereafter; d. You can opt to cancel the service at the end of the initial period provided all costs covering this period are paid in full and notification to cancel is made before the end of the initial period. If no notification is received then the contract will automatically continue in accordance with clause 2b; e. If we terminate the contract because of your fundamental breach of any of its terms, all remaining monthly payments under the contract will become payable immediately; f. If you terminate the contract before the end of the initial period then all remaining monthly payments due to us will become payable immediately; g. If any direct debit is returned unpaid for any reason then our obligations and those of the underwriter may be suspended until payment is made in full. We may terminate the contract in the event of any default by you; h. If you fail to complete and return the annual declaration within 14 days of the anniversary date then we will be entitled to treat this as a default by you which will entitle us to terminate this contract immediately; i. Incorrect information supplied by you throughout the term of the contract, including on the Order Form, may result in the immediate termination of the contract including the withdrawal of any optional insurance cover; j. If the declaration is not acceptable to the underwriters, then the optional insurance cover will be withdrawn immediately; k. Provision of the optional insurance cover is wholly subject to acceptance of the risk by the underwriters. If at any time during the contract, for whatever reason, the underwriters refuse to insure you then the optional insurance cover will be terminated.

15 Terms and Conditions Force majeure We and the underwriters will not be liable to you for any breakdown or failure of the Telephone Advisory Service as a result of an event of force majeure which shall include (but is not limited to) acts of God, war, strikes, lock outs, civil commotion, mechanical or technical difficulties, or any other cause whatsoever beyond our reasonable control. 4. General a. The contract is personal to you and will not be assigned by you without our written consent; b. The Order Form, together with the optional insurance cover (where applicable), the terms and conditions within this booklet and our written confirmation to you that the foregoing have come into effect, contains the entire contract between the parties with regard to its subject matter and supercedes all previous contracts between the parties; c. Any Employment Tribunal proceedings, health & safety prosecutions, environmental prosecutions or disputes relating to HM Revenue and Customs in existence prior to the commencement date will not be covered by the underwriters; d. The service, advice and representation offered as a part of this contract extends to the laws of Scotland, England, Wales and Northern Ireland; e. You will pay us the monthly payments set out in the Order Form by direct debit. The first payment is to be paid in the calendar month following the start date of the contract. 5. Jurisdiction If your registered or head office is located in Scotland, the agreement will subject to the laws of Scotland and the parties shall submit any dispute related to it to the courts of Scotland. If your registered or head office is located elsewhere, then the agreeement will be subject to the laws of England and Wales and the parties shall submit any dispute related to it to the courts of England and Wales. 6. Your information Who we are We are a member of The Royal Bank of Scotland Group (the Group). For information about our Group of companies please visit and click on About Us, or for similar enquiries please telephone or Textphone Your electronic information If you contact us electronically, we may collect your electronic identifier, (e.g. Internet Protocol (IP) address or telephone number) supplied by your service provider. How we use your information and who we share it with Your information comprises all the details we hold about you and your transactions, and includes information obtained from third parties. We may use and share your information with other members of the Group to help us and them: assess financial and insurance risks; recover debt; prevent and detect crime; understand our customers requirements; develop and test products and services.

16 16 Terms and Conditions We do not disclose your information to anyone outside the Group except: where we have your permission; or where we are required or permitted to do so by law; or to credit reference and fraud prevention agencies and other companies that provide a service to us or you; or where we may transfer rights and obligations under this agreement. We may transfer your information to other countries on the basis that anyone to whom we pass it provides an adequate level of protection. However, such information may be accessed by law enforcement agencies and other authorities to prevent and detect crime and comply with legal obligations. From time to time we may change the way we use your information. Where we believe you may not reasonably expect such a change we shall write to you. If you do not object to the change within 60 days, you consent to that change. If you would like a copy of the information we hold about you, please write to: The Data Protection Manager, Retail Regulatory Risk, 2nd Floor, Business House B, RBS Gogarburn, PO Box 1000, Edinburgh. EH12 1HQ. A fee may be payable. Credit reference agencies We may make periodic searches at credit reference agencies and will provide information to the Group to manage and take decisions about your accounts. This may include information about how you manage your account including your account balance, credit limit and any arrears. We will also provide this information to credit reference agencies who may make this information available to other organisations so that they can take decisions about you, your associates and members of your household. The information may also be used for tracing purposes. Fraud prevention agencies If false or inaccurate information is provided and fraud is identified or suspected, details may be passed to fraud prevention agencies. Law enforcement agencies may access and use this information. We and other organisations may also access and use this information to prevent fraud and money laundering, for example when: checking applications for, and managing credit or other facilities and recovering debt; checking insurance proposals and claims; checking details of job applicants and employees. We, and other organisations that may access and use information recorded by fraud prevention agencies, may do so from other countries. We can provide the names and addresses of the agencies we use if you would like a copy of your information held by them. Please contact any branch. The agencies may charge a fee. Data Protection Compliance 1.1 Words and phrases which are defined in the Data Protection Act 1998 (the DPA ) and used in this Clause shall have the same meanings in this Clause; 1.2 In so far as either RBS or the Client is acting as a data controller, the relevant party shall comply in all respects with the DPA including, without limitation, the data protection principles. The Client acknowledges and confirms that RBS shall act as a data controller in respect of any personal data provided to RBS as part of the Order Form as such personal data may be amended, updated or supplemented from time to time ( Client Contact Data ); 1.3 In respect of any personal data relating to current or previous employees provided by the Client to RBS to enable RBS to provide the Services (other than Client Contact Data) ( Employee Data ):-

17 Terms and Conditions the Client shall, at all times, while RBS continues to process such Employee Data act as and maintain the role of the owner and data controller of such Employee Data; and RBS shall, while it continues to process such Employee Data, act as and maintain the role of data processor of such Employee Data and shall only process the Employee Data as instructed in writing by the Client and/or in accordance with these Conditions; 1.4 In providing the Services, RBS shall take what it reasonably considers to be appropriate technical and organisational security measures against unauthorised or unlawful processing of Employee Data and against accidental loss, destruction of, or damage to Employee Data; 1.5 In providing the Services the Client acknowledges and confirms that RBS shall be entitled to sub-contract the processing of Employee Data; 1.6 The Client warrants, represents and undertakes to RBS that the disclosure to, and processing by, RBS of all or any of the Employee Data in accordance with these Conditions shall not breach the DPA. For more information Please call Mentor on

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20 Call RBS Mentor Please call Mentor on (Minicom on ) Calls may be recorded. RBS Mentor is a trading name of The Royal Bank of Scotland plc. Registered Office: 36 St Andrew Square, Edinburgh EH2 2YB. Registered in Scotland No The Royal Bank of Scotland plc is authorised and regulated by the Financial Services Authority. Web Site RBS06375