TERMS OF BUSINESS
1. Who are we?
CMutual Services (Ireland) Limited is regulated by the Central Bank of Ireland.
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CMutual Services (Ireland) Limited is registered in Ireland with a registered address at 511, The Capel Building, Mary’s Abbey, Dublin 7, and a registered company number of 371942.
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You can find out more about us at www.cmutual.ie
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2. Accepting our Terms of Business
This agreement, together with any separate written agreement between you and CMutual Services (Ireland) Limited (“CMutual”), sets out the terms on which we agree to act for you when we are instructed to provide services by you. By asking us to arrange or handle your insurances you are providing your informed agreement to these terms of business. Please ensure that you read these terms thoroughly and if you have any queries, we will be happy to clarify them. If any material changes are made to these terms, we will notify you at least 5 days before they take effect.
3. Whose products do we offer?
CMutual Services (Ireland) Limited is authorised and regulated by the Central Bank of Ireland as an insurance intermediary under the European Union (Insurance Distribution) Regulations, 2018.
We only provide products on a limited analysis of the market basis. This means that we only provide products that are created and underwritten by insurance companies with whom we have a written commercial agreement to do so. Therefore, the products that we provide are not based on an analysis of all products available in the insurance market.
Currently we only offer products created and underwritten by the following insurance companies:
Credit Union Package of Protection (CUPOP)
General Insurance underwritten by Allianz Ireland plc
Registered in Ireland, No. 143108
Registered Office at Burlington House, Burlington Road, Dublin 4
Fidelity Bond & Directors & Officers cover underwritten by AIG Europe S.A.
Registered in Ireland No. 908876
Registered Office at 30 North Wall Quay, IFSC, Dublin 1
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Cyber Insurance
Underwritten by AIG Europe S.A.
Registered in Ireland No. 908876
Registered Office at 30 North Wall Quay, IFSC, Dublin 1
Underwritten by CFC Europe S.A.
Registered in Belgium, No. 0711818068
Registered Office at Levels 20&21 Bastion Tower, 5 Place du Champs de Mars,1050 Brussels
Group Life & Critical Illness Insurance Products
Underwritten by Utmost PanEurope DAC
Registered in Ireland No. 311420
Registered Office at Navan Business Park, Athlumney, Navan, Co Meath.
Underwritten by Aviva Life and Pensions Ireland DAC
Registered in Ireland with registration number 165970
Registered office is at Building 12,Cherrywood Business Park Loughlinstown, Co. Dublin D18 W2P5.
Non-Life Insurance Products
Accident, Sickness and Involuntary Unemployment Insurance cover underwritten by AmTrust International Underwriters DAC
Registered in Ireland, company number 169384
Registered office at 6-8 College Green, Dublin 2, D02 VP48, Ireland
Contractual Liability Insurance cover underwritten by AmTrust International Underwriters DAC
Registered in Ireland, company number 169384
Registered office at 6-8 College Green, Dublin 2, D02 VP48, Ireland
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In some cases we may be granted authority from an insurance undertaking to conduct tasks on their behalf, for which we will be remunerated. Where we place your business with this insurance undertaking under this authority you will be notified in advance of the placement.
We will also offer assistance to you in relation to processing claims on policies taken out with us and in seeking renewal terms on your cover.
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We will not in any circumstance, guarantee the solvency of any insurer.
We can act both as agent of insurer, and on behalf of you. We have in place management controls to deal with any conflicts of interest that might arise.
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4. Remuneration
Remuneration is the payment earned by us for work undertaken on behalf of you and our product providers. The amount is generally directly related to the value of the products sold and is otherwise known as commission. Our income is generated from a combination of commissions and administration fees for our professional services, premium management and claims management services. The level of fee charged will be dependent on the complexity of service, seniority of staff involved, compliance factors, and other operational considerations. Any fees charged will be inclusive within your quotation documentation and where business is transacted. Specific policy set-up fees may be non-refundable in the event of policy cancellation. A summary of the details of all arrangements for any fee, commission other reward or remuneration paid or provided to us which have agreed with product providers isset out below:
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5. Regular Reviews
It is in your best interests that you review, on a regular basis, the products which we have arranged for you. As your circumstances change, your needs will change which may result in you having insufficient insurance cover.
6. Default for Non-Payment
Non-payment of premium and/or failure to disclose any relevant information may result in the cancellation of your policy. You should refer to your Policy Document for further details.
7. Handling Clients Money
We accept payment by electronic fund transfer. Monies received from clients are retained in our client premium account, which is a bank account solely for client monies. You are under a duty to pay your premium within a reasonable time, or otherwise in accordance with the terms of the contract of insurance.
8. Codes of Conduct
CMutual Services (Ireland) Limited is subject to compliance with all regulatory requirements relevant to an Insurance Intermediary.
In particular, we must comply with The Consumer Protection Code 2025 – encompassing Standards for Business Regulations and Consumer Protection Regulations, the Minimum Competency Code and the Fitness and Probity Standards. These particular Codes/Standards offer protection to consumers and further details with respect to these Codes/Standards are available from the Central Bank of Ireland directly at www.centralbank.ie.
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9. Duty of Disclosure
Commercial Customers: Non-Consumer Disclosure of Information
It is essential that you should bring to our attention any material alteration in risk such as changes of address or use of premises. Any failure to disclose material information may invalidate your claim and render your policy void.
Our Consumer Clients:
Your duty to disclose when instructing us and when completing documentation for new business/renewals and midterm adjustments
Duty of Disclosure:
Section 14 (1) – (5) of the Consumer Insurance Contracts Act which is effective from 1st September 2021 alters consumers duty of disclosure:
You are required to answer all questions posed by us or the insurer honestly and with reasonable care – the test will be that of the ‘average consumer’. Average consumer as per Directive No. 2005/29/EC of the European Parliament and of the Council of 11 May 2005 is reasonably well informed and reasonably observant and circumspect, taking into account social, cultural and linguistic factors.
Specific questions will be asked. Where you do not provide additional information (after being requested to do so) it can be presumed that the information previously provided remains unchanged.
An insurer may repudiate liability or limit the amount paid on foot of the contract of insurance, only if it establishes that non-disclosure of material information was an effective cause of the insurer entering into the relevant contract of insurance and on the terms on which it did.
It is your responsibility to provide complete and accurate information when arranging or renewing a policy and throughout the lifetime of a policy. Any failure or delay in disclosing material information may invalidate your claim, reduce the claim payment and render your policy void. A material fact is a fact so important that it’s disclosure could change the decision of an insurer to underwrite a policy or in determining the premium or in settling a loss.
Please note that where a policy is incepted based on the information supplied on a completed proposal form or via a statement of fact form, we assume that you have checked the accuracy of all information provided, including any prepopulated sections on such forms. If there are any errors, please notify us immediately. If you are unsure whether a fact is material please contact us to discuss.
In completing or reviewing a proposal or claim form, or providing other information, by whatever means, relating to an insurance policy, the accuracy of all answers, statements and/or information will be your sole responsibility. Where you are in any doubt, you should seek our advice.
10. Claims
If you fail to disclose any claims information, it may result in the Insurer voiding policy cover from inception and your claim not being paid. It is essential that we are notified immediately of any new claims, or circumstances, which could give rise to a claim. The policy wordings will describe in detail the procedures and conditions in connection with making a claim. You must notify the insurer or us of a claim within a reasonable time, or otherwise in accordance with the terms of the policy wording. Failure to give notification of any incident or claim may result in claims not being paid. If you become aware after a claim is made of information that would either support or prejudice the claim, you are under a duty to disclose it. (The insurer is under the same duty). An insurer may refuse a claim made by you under a contract of insurance where there is a change in the risk insured, including as described in an “alteration of risk” clause, and the circumstances have so changed that it has effectively changed the risk to one which the insurer has not agreed to cover. Any clause in a contract of insurance that refers to a “material change” will be interpreted as being a change that takes the risk outside what was in the reasonable contemplation of the contracting parties when the contract was concluded. You must cooperate with the insurer in an investigation of insured events including responding to reasonable requests for information in an honest and reasonably careful manner and must notify the insurer of the occurrence of an insured event in a reasonable time.
If you make a false or misleading claim in any material respect (and know it to be false or misleading or consciously disregards whether it is) the insurer is entitled to refuse to pay and to terminate the contract. Where an insurer becomes aware that a consumer has made a fraudulent claim, they may notify the consumer advising that they are voiding the contract of insurance, and it will be treated as being terminated from the date of the submission of the fraudulent claim. The insurer may refuse all liability in respect of any claim made after the date of the fraudulent act, and the insurer is under no obligation to return any of the premiums paid under the contract.
Again, where you are in any doubt, you should seek our advice.
11. Data Protection
CMutual Services (Ireland) fully respects your right to privacy. Any personal information which you provide to us will be treated with the highest standards of security and confidentiality, strictly in accordance with the Data Protection Acts 1988-2018.
We are committed to protecting and respecting your privacy. We wish to be transparent on how we process your data and show you that we are accountable with the GDPR in relation to not only processing your data but ensuring you understand your rights as a client.
The General Data Protection Regulation (GDPR) (EU) 2016/679 is a regulation on data protection and privacy for all individuals within the European Union. It came into force across the European Union on 25 May 2018. It replaces the previous data protection directive which has been in force since 1995 and forms the basis of our new Data Protection Irish laws (Data Protection Acts 1988-2018).
The data you supply may be used for administration purposes by CMutual Services (Ireland) Limited, our associated companies, the insurer, our agents and the insurers’ agents. We may pass the information to regulatory authorities, which monitors whether we are adhering to regulatory requirements. Your data may be transferred to another country within the EEA in order to fulfil statutory actuarial monitoring responsibilities required under Solvency II.
You have a right to request a copy of your personal information which is held by us. For more details write to:
The Data Protection Officer
CMutual Services (Ireland) Limited
511 The Capel Building, Mary’s Abbey,
Dublin 7
Tel: 01-553 3500
Email: [email protected]
12. Confidential Information
During the course of this agreement we shall both provide the other with information (other than personal information) and each party will treat information received from the other relating to this Agreement as confidential and will not disclose it to any other person not entitled to receive such information except as may be necessary to fulfil their respective obligations in relation to this agreement and except as may be required by applicable law or regulatory authority. For the avoidance of doubt, and always observing the requirement to ensure your information is held in a confidential manner, we shall be entitled to disclose such information relating to you (where necessary) to perform our obligations under this agreement, to insurers or reinsurers, actuaries, auditors, professional agents, advisers or other parties that we may require in order to provide our service to you. This section will not apply to information which was rightfully in the possession of a party prior to this agreement or which is already public knowledge/ becomes so at a future date (otherwise than as a result of a breach of this section) or which is trivial or obvious.
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13.Period of Insurance
The period of insurance in respect of any Policy you hold is defined in your Policy Schedule.
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14.Cancellation
Both you and the underwriter can cancel the Policy by providing written notice to the other in accordance with the terms and conditions as set out in your Policy Document.
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15.Governing Law
The laws of the Republic of Ireland will apply to your policy and the Irish Courts will have jurisdiction to hear any dispute regarding your Policy unless otherwise stated on your Proposal Form or in your Policy Document.
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16.Language
Your policy and all communications with you or by you to us will be in English.
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17. Conflicts of Interest
It is the policy of our firm to avoid conflicts of interest in providing services to you. However, where an unavoidable conflict of interest arises, we will advise you of this in writing before providing you with any service and wewill take all steps within its control to appropriately manage the conflict and minimise the impact of the conflict on the consumer. (Insert Name) is responsible for managing potential conflicts of interest. A full copy of our conflicts of interest policy is available on request.
In some cases, we may be a party to a profit-share arrangement with product producers where we provide extra services for the provider.
Agreements to this effect are in place with the following: Aviva Life and Pensions Ireland DAC , Utmost PanEurope DAC, Maiden Life and AmTrust International Underwriters DAC
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Any business arranged with these providers on your behalf is placed with them as they are at the time of placement the most suitable to meet your requirements taking all relevant information, demands and needs into account.
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18. Client Protection Investor Compensation Scheme
CMutual Services (Ireland) Limited is a member of the Investor Compensation Company Ltd (ICCL) Scheme established under the Investor Compensation Act 1998. We are also a member of Brokers Ireland. See below for details.
Investor Compensation Scheme
The Investor Compensation Act 1998 (the “1998 Act”) provides for the establishment of a compensation scheme and the payment, in certain circumstances, of compensation to certain clients (known as eligible investors) or authorised investment firms, as defined in that Act.
The Investor Compensation Company Limited (ICCL) was established under the 1998 Act to operate such a compensation scheme and our firm is a member of this scheme. Compensation may be payable where money or investment instruments owed or belonging to the clients and held, administered or managed by the firm cannot be returned to those clients for the time being and where there is no reasonably foreseeable opportunity of the firm being able to do so.
A right to compensation will arise only:
If the client is an eligible investor as defined in the Act; and
If it transpires that the firm is not in a position to return client money or investment instruments owned or belonging to the clients of the firm; and
To the extent that the client’s loss is recognised for the purposes of the Act.
Where an entitlement to compensation is established, the compensation payable will be the lesser of:
90% of the amount of the client’s loss which is recognised for the purposes of the 1998 Act; or
Compensation of up to €20,000.
For further information please contact the Investor Compensation Company Limited at (01) 224 4955.
Brokers Ireland Compensation Fund
We are also members of the Brokers Ireland Compensation Fund. Subject to the rules of the scheme the liability of its members firms up to a maximum of €100,000 per client (€250,000 in aggregate) may be discharged by the fund on its behalf if the member firm is unable to do so, Where the above detailed Investor Compensation Scheme has failed to adequately compensate any client of the member. Further details are available on request.
CMutual Services (Ireland) Limited also holds Professional Indemnity Insurance in accordance with the Central Bank of Ireland’s requirements.
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19. Complaints
Upon receipt of an oral complaint, we will provide the option to have the complaint addressed through our established complaints procedure. We will permit and facilitate submission of complaints in writing by post and by electronic means. We will acknowledge your complaint in writing within 5 working days and we will fully investigate it. We shall investigate the complaint as swiftly as possible, and the complainant will receive an update on the complaint at intervals of not greater than 20 working days starting from the date on which the complaint is made. On completion of our investigation, we will provide you with a written report of the outcome. In the event that you are still dissatisfied with our handling of or response to your complaint, you are entitled to refer the matter to the Financial Services and Pensions Ombudsman (FSPO).
The Financial Services and Pension Ombudsman
3rd Floor, Lincoln House
Lincoln Place
Dublin 2
Tel: 01 567 7000
E-mail: [email protected]
Webpage: www.fspo.ie
A full copy of our complaint’s procedure is available on the firm’s website www.cmutual.ie and on request.
Complaints should be addressed to:
Compliance Manager
CMutual Services (Ireland) Ltd
511 The Capel Building, Mary’s Abbey, Dublin 7
Dublin 7
Tel: 01-553 3500 Email: [email protected]
20. Intellectual property rights
We (or our licensors) will retain all ownership, title, copyright and other intellectual property rights in all materials developed, designed or created by us before or during the provision of services to you including systems, methodologies, software, know-how and working papers. We will also retain all ownership, title, copyright and other intellectual property rights in all reports, written advice or other materials provided by us to you. We grant you a royalty – free licence to use those materials, but only for the purposes for which they were created under this agreement and only for as long as this agreement remains in force.
21. Limitation of Liability
The following provisions set out our entire financial liability to you:
You acknowledge and agree that you shall only be entitled to make a claim against us and not against any individual employee or consultant engaged by us. Our liability for losses suffered by you arising under or in connection with the provision of our services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise (including our liability for the acts or omissions of our senior management, employees and any appointed representatives) shall be limited in all circumstances to the monetary value of the commission we received in respect of the policy. Any claim or series of claims arising from one act, error, omission, incident or original cause shall be considered to be one claim. We shall not be liable to you for any loss of profit or loss of business whether directly or indirectly occurring and which arises out of or in connection with the provision of our services. Nothing in this paragraph shall exclude or limit our liability for death or personal injury caused by our negligence or for loss arising by our fraud, fraudulent misrepresentation or breach of regulatory obligations owed to you.
22. Anti-Money Laundering/Counter Terrorist Financing
We reserve the right to request any information necessary from a client under Criminal Justice (Money Laundering and Terrorist Financing) Acts 2010 to 2021, Any suspicious transactions will be reported to the Gardai and Revenue in line with regulatory rules.
Anti-bribery, corruption and financial crime
You agree that you will ensure that at all times you comply with all laws, statutes and regulations that apply to you relating to anti-bribery and corruption, including the Criminal Justice (Corruption Offences) Act 2018 (the 2018 Act) (if it applies to you or any of your group companies) the US Foreign and Corrupt Practices Act 1977. Accordingly, if you accept gifts or hospitality offered to you by us or any of our group companies, we will deem the acceptance to be in accordance with any gifts & hospitality policy/ies you may have.
Please be aware that we are required to obtain adequate “Know Your Client” information about you. In order to prevent bribery, corruption, fraud or other financial crime, we may take further steps, including notification to the relevant authorities, carrying out status and credit checks using credit reference agencies, and other screening background checking as appropriate.
Policies may include clauses on financial and trade sanctions, anti-money laundering and export controls, (“Sanctions”). How you comply with Sanctions is specific to your business: you should take legal advice where necessary and pay special attention to relevant policy clauses.
To comply with financial crime or Sanctions requirements, we may be prohibited from providing broking or risk consulting services, including placement and claims handling services; may be required to take actions such as freezing the funds in which parties subject to Sanctions have an interest; or may make regulatory notifications or licence applications as required or appropriate in accordance with Sanctions. Your insurers and other third parties we deal with, such as financial institutions, may also apply their own policies or restrictions.
You acknowledge and agree that we reserve the right to take steps to comply with financial crime or Sanctions (and we will not be liable to you for this or for similar steps taken by third parties).
You should advise us of all of the countries connected to the (re)insurance you require. We reserve the right not to perform obligations under this agreement to the extent that this would be contrary to our commercial risk appetite or where performance would be impracticable including because of bank policies restricting the processing of premiums, claims funds or fees related to such countries or related parties.
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General
If any provision of these Terms is found to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question will not be affected.
These Terms shall be governed by the law of the Republic of Ireland and the parties agree herewith that any dispute arising out of it shall be subject to the exclusive jurisdiction of the relevant court.
These Terms supersede all proposals, prior discussions and representations (whether oral or written) between us relating to our appointment as your agent in connection with the arranging and administration of your insurance. These Terms constitute an offer by us to act on your behalf in the arranging and administration of your insurance.
Effective Date
This document is effective from 24th March2026 until further notice. This version supersedes all previous versions.
