The following agreement outlines the Terms & Conditions which apply to all business services provided to you by Moanbaun Ltd t/a Clearys Loss Assessors & Insurance Services, (hereafter referred to as Clearys, Clearys Loss Assessors or Clearys Claims Managers) and will remain in force unless otherwise notified to you in writing. Should you require clarification on any point, please contact us on call-save 1850 28 1850.

Clearys Loss Assessors & Insurance Services of Bóthar na Mine, Ballybane, Galway, Ireland is regulated by the Central Bank of Ireland to undertake insurance mediation as a Public Loss Assessor under the European Communities (Insurance Mediation) Regulations 2005. A copy of our Statement of Authorised Status is available on request.

Alternatively, the Central Bank of Ireland holds registers of regulated firms which can be on their website at www.centralbank.ie. If any change is made to these terms, we will notify you.

Statutory Codes

Clearys is subject to and complies with the Consumer Protection Code, the Minimum Competency Code and the Fitness and Probity Standards. These codes offer protection to consumers and can be found on the Central Bank website at www.centralbank.ie.

Services Provided

We offer insurance claims consultancy, loss assessing and administration services.

Renumeration Structure

Clearys is renumerated by a professional fee for work, activity and time spent in providing the best terms, advice and service for your specific needs. Our fees are based on a percentage of the settlement achieved plus VAT at 23% and are agreed at the initial contact with the client Where appropriate, a rate per hour will be agreed with the client.

We do not charge for our initial consultation. We reserve the right to amend our fee structure should the complexity of the service require a higher fee. We will confirm and agree this fee with you prior to any increase being applied. Valid from 01/01/2013 until further notice.

Complaints Procedure

Clearys have a policy to ensure that our customers complaints are dealt with expeditiously and problems are solved as quickly as possible. We will acknowledge receipt of your complaint in writing within 5 working days and a full investigation will be carried out. On completion of our investigation, we will provide you with a written response of the outcome of our investigation.

In the event of any failure to resolve your complaint, you may raise this matter with the Financial Services Ombudsman Bureau on 1890 88 20 90 or email . You can find out more on our Complaints Procedure page. Our full complaints procedure is available on request.

Conflicts of Interest

Clearys Loss Assessors & Insurance Services shall ensure that we:

  • act honestly and fairly in conducting our business activities in the best interests of our clients and the integrity of the market.
  • act with due skill and diligence in the best interests of our clients and the integrity of the market.
  • have and employ effectively the resources that are necessary for the proper performance of our business activities.
  • make adequate disclosure of the relevant material information in our dealings with clients
  • make a reasonable effort to avoid conflicts of interest and when they cannot be avoided, ensure that our customers are treated fairly.
  • comply with the letter and spirit of all regulatory requirements applicable to the conduct of our business activities so as to promote the best interests of our clients and the integrity of the market

Failure to Pay for Professional Services

We will exercise our legal right to receive any payments due to us for business services provided in the event of a default in payment.

Duty to Disclose Information

It is your responsibility to provide complete and accurate information for insurers when arranging an insurance policy. Failure to disclose any material information to your insurers could invalidate your insurance cover and could mean that all or part of a claim will not be paid.

Data Protection

We collect your personal details in order to provide the highest standard of service to you. We take great care with the information provided, taking steps to keep it secure and to ensure it is used only for legitimate purposes. To fulfil these objectives, we may share information with our affiliated professionals. The information and other data provided to our office may be used to advise you of products and services we may offer from time to time.

You have the right at any time to request a copy of any "personal data" within the meaning of the Data Protection Act 1988 (as amended or re-enacted from time to time) that our office holds about you and to have any inaccuracies in that information corrected.

Governing Law

Our terms of business shall be governed by and construed in all respects according to the laws of the Republic of Ireland. These terms of business are valid from 01/01/2013 until further notice.