INTERMEDIARIES AGREEMENT. between. MUA Insurance Acceptances (Pty) Ltd. and. COMPASS Insurance Company Limited. and INTERMEDIARY

Transcription

1 INTERMEDIARIES AGREEMENT between MUA Insurance Acceptances (Pty) Ltd and COMPASS Insurance Company Limited and INTERMEDIARY CPT (MUA INS) PHONE FAX ADDRESS Block A & B Edison Square Cnr. Edison Way & Century Avenue Century City POSTAL PO Box 84 Century City 7446 DBN (MUA INS) PHONE FAX ADDRESS Viewz 11 The Boulevard Westway Office Park Westville 3630 POSTAL PO Box 2725 Westway 3630 JHB (MUA INS) PHONE FAX ADDRESS MUA House 26 Sturdee Avenue Rosebank Johannesburg 2196 POSTAL PO Box Bryanston 2021 MUA Insurance Acceptances (Pty) Ltd is an authorised Financial Services Provider (FSP No.: 37947) underwriting on behalf of Compass Insurance Company Limited, authorised Financial Services Provider (FSP No.: 12148) REGISTRATION NUMBER 2008/011925/07 DIRECTORS R A Gainsford (Chairman) C Y Fourie (Managing Director) L Keel (Swiss) T Muranda V J Hayter info@mua.co.za WEB

2 1. DEFINITIONS AND INTERPRETATIONS 1.1. In this agreement, unless inconsistent with or otherwise indicated by the context The Act means The Short Term Insurance Act No. 53 of 1998; the/this agreement means this agreement and any annexures thereto; business day means any day other than a Saturday, Sunday or official South African public holiday; the company means MUA Insurance Acceptances (Pty) Ltd, a company duly incorporated according to the laws of the Republic of South Africa under registration number 2008/011925/07, for and on behalf of Compass Insurance Company Ltd; FAIS means the Financial Advisory and Intermediary Services Act 37 of 2002, as amended from time to time, and all regulations published in accordance therewith; the independent intermediary means a person, other than a representative, who renders services as an intermediary, herein referred to as ; the insured means a person or entity having taken out a policy with the insurer; the insurer means Compass Insurance Company Limited, a company incorporated according to the laws of the Republic of South Africa under registration number 1994/003010/06; parties mean the insurer, the independent intermediary and the company; any reference to natural persons includes legal persons and vice versa; any reference to a gender includes the other genders; 1.2. Where appropriate, meanings ascribed to defined words and expressions in 1.1 above, shall impose substantive obligations on the parties The clause headings in this agreement have been inserted for convenience only and shall not be taken into account in its interpretation Words and expressions defined in any sub-clause shall, for the purposes of the clause of which that sub-clause forms part, bear the meaning assigned to such words and expressions in that sub-clause This agreement shall be governed by and construed and interpreted in accordance with the law of the Republic of South Africa, provided that in the event of a conflict between or inconsistency in the laws applicable in the various provinces of the Republic of South Africa, the law as interpreted and applied in Gauteng will prevail. 2. PREAMBLE 2.1. The insurer has appointed the company as a mandatory in terms of section 48(2) of the Act. Page 2 - Broker Contract

3 2.2. The company exercises that mandate by, inter alia, accepting business from independent intermediaries and placing such business with the insurer The parties seek to regulate their relationship and set out the terms of their agreement herein. 3. APPOINTMENT 4. TERM 3.1. The company hereby appoints the independent intermediary, who accepts such appointment, to act as an independent intermediary, in terms of the provisions of this agreement The appointment in 3.1 above is subject to the suspensive conditions that the independent intermediary provides satisfactory proof to the company that: it is licensed in terms of FAIS; and it has valid and sufficient professional indemnity insurance in place; and in the event that this appointment includes the collection of premium, the independent intermediary has a valid and sufficient intermediary guarantee in place. The term of the appointment in 3 shall, subject to 3.2, commence on the date of the party last signing this agreement and shall endure unless otherwise cancelled or terminated in terms of clauses 13 or 14 of this agreement. 5. LIMITATIONS ON AUTHORITY 5.1. The company mandates the independent intermediary to: introduce business; maintain and service new and existing business; and where applicable, collect and pay over premiums to the company in accordance with the procedures set out in this agreement; 5.2. In accepting the appointment, the independent intermediary acknowledges that it acts as the agent of its client, the insured, and save as may be expressly provided herein to the contrary, all and any actions that the independent intermediary takes will be deemed to be taken on the instructions of and on behalf of its client The independent intermediary warrants that it is authorised by its client to accept all notices, whether written or oral, that are intended for its client and which may be required for purposes of any policy effected by the independent intermediary with the company on behalf of such client Save for as herein set forth the independent intermediary has no authority to represent or to bind the company or the insurer in any capacity whatsoever The independent intermediary warrants that it is not restricted by any circumstance or law from exercising its authority to represent its client, the insured, or from fulfilling any of its obligations in terms of this agreement. Page 3 - Broker Contract

4 6. UNDERWRITING PROCEDURES 6.1. The company shall: perform such underwriting criteria and other administrative procedures agreed by it with the insurer prior to accepting the risk introduced by the independent intermediary; and on completion of the underwriting and administrative procedures, inform the independent intermediary whether or not the risk has been accepted The independent intermediary shall not make any representation whatsoever to the client that the completion of a closing or proposal form constitutes an acceptance of the risk by the company and the insurer; inform the client at all times as to the terms and conditions of the policy wording of the insurance product and the claims procedure existing in respect thereof; and at all times adhere to the procedures set out by the company from time to time. 7. PREMIUM COLLECTION ARRANGEMENTS The parties agree that the provisions of the Act govern the relationship between them with regard the collection of premium. The premium collection arrangements have been set out in Annexure A to this agreement and the parties undertake to adhere to these procedures for the duration of this agreement. 8. CLAIMS 8.1. The independent intermediary has no authority whatsoever to accept any claim or intimation of a claim from its client on behalf of the company or the insurer Should the independent intermediary accept any claim form or intimation of a claim it does so as the agent of the client in order solely to pass the claim on to the company on behalf of the client. In addition, the independent intermediary has no right or authority to condone the late filing of claims The independent intermediary will not accept, or purport to accept any liability on behalf of the company or the insurer in respect of any claim against the insurer. 9. REMUNERATION PAYABLE TO THE INDEPENDENT INTERMEDIARY 9.1. The independent intermediary shall be entitled to: the payment of commissions in respect of premiums actually received by the company subject to the statutory limitations but not exceeding 12,5% (twelve comma five percent) in respect of motor and 20% (twenty percent) in respect of non-motor business; and such additional fees as the independent intermediary intends to charge to its clients and the independent intermediary undertakes to ensure that such additional fees are separately and distinctly disclosed to its clients in accordance with the provisions of section 8(5) of the Act Commission payments are subject to review by the company from time to time on 60 (sixty) days written notice to the independent intermediary. Page 4 - Broker Contract

5 9.3. In the event that the company and the insurer are obliged to refund premium to the insured, the independent intermediary shall be obliged to refund commissions received on such premiums and may offset such amounts in respect of any amount due to the independent intermediary Commissions are paid to the independent intermediary on the 15 th business day of each month following the strike date. If the 15 th day is not a business day, then the payments shall be made on the following business day. 10. CONFIDENTIALITY The company undertakes that it shall protect the confidentiality and privacy of the information submitted to it by the independent intermediary and shall not disclose such information to any third party or make use thereof for the furtherance of its own business. 11. CESSION The independent intermediary undertakes not to cede, assign, delegate or make over any of its rights or obligations in terms of this agreement to third parties without prior written consent from the company and the insurer. It is further agreed that this undertaking is reasonable and necessary to protect the interests of the company and the insurer. 12. RESERVATION OF RIGHTS Nothing in this agreement shall be construed as creating a relationship of agency between the company and the insurer on the one hand and the independent intermediary on the other. 13. CANCELLATION This agreement may be cancelled by either party giving 60 (sixty) days written notification thereof to the other party. 14. TERMINATION AND CONSEQUENCES OF TERMINATION Any of the parties shall be entitled to terminate this agreement forthwith if: Page 5 - Broker Contract the performance of the agreement is rendered impossible de jure or de facto reasons not due to the fault of either party; or the other party has become unable to pay its debts or becomes insolvent or commits any act of insolvency or goes into liquidation or has lost the whole or part of its paid up capital; or the other party has failed to fulfil its obligations under this agreement to the extent that such failure amounts to a material breach of this agreement On the termination of this agreement, the independent intermediary or his legal representative, shall not have any claim against the company for commission or compensation accruing after such termination and may be required to return any books, stationery, advertising material or nameplates provided by the company In the event that termination of this agreement is made by the company, cancellation of all insureds holding current policies with the company via the independent intermediary, shall only become effective upon notification of such cancellation being communicated to the insureds by the independent intermediary. The company shall be entitled to request adequate and reasonable proof of such notices of cancellation.

6 14.4. In the event that any scheme under this agreement is to be cancelled, the independent intermediary undertakes to advise all insureds under such scheme that the scheme is to be cancelled as well as the effective date of such cancellation, which notice period shall not be less than that provided in the relevant policy cancellation conditions, and that the company shall cease to underwrite the scheme In the event that any of the parties to this agreement is indebted to the other party on the termination of this agreement, such indebtedness shall be made good forthwith and all amounts shall be deemed to be immediately due and payable. 15. ACCESS TO INFORMATION The company shall be entitled, on 48 (forty eight) hours notice to the independent intermediary, to access all information, records and other such documentation (whether in hard copy or soft copy format) as may relate to any policies issued in terms of this agreement and which may be kept on the premises of the independent intermediary. The independent intermediary undertakes to co-operate fully with such inspection. 16. NOTICES AND DOMICILIUM The parties choose as their domicilia citandi et executandi their respective addresses set out in this clause for all purposes arising out of or in connection with this agreement at which addresses all processes and notices arising out of or in connection with this agreement, its breach or termination may validly be served upon or delivered to the parties For purposes of this agreement the parties' respective addresses shall be as regards the company at Block A & B, Edison Square Cnr Edison Way & Century City Century City, 7446 facsimile number (021) ; as regards the insurer at Building E, Peter Place Office Park, 54 Peter Place, Bryanston facsimile number (011) as regards the independent intermediary at facsimile number ( ) or at such other address in the Republic, not being a post office box or poste restante, of which the party concerned may notify the others in writing Any notice given in terms of this agreement shall be in writing and shall Page 6 - Broker Contract be delivered by hand or transmitted by facsimile;

7 if delivered by hand be deemed to have been duly received by the addressee on the date of delivery; if transmitted by facsimile be deemed to have been received by the addressee 1 (one) day after despatch Notwithstanding anything to the contrary contained in this agreement, a written notice or communication actually received by one of the parties from another shall be adequate written notice or communication to such party. 17. WHOLE AGREEMENT This agreement constitutes the whole agreement between the parties as to the subject matter hereof and no agreements, representations or warranties between the parties other than those set out herein are binding on the parties. 18. VARIATION No addition to or variation, consensual cancellation or novation of this agreement and no waiver of any right arising from this agreement or its breach or termination shall be of any force or effect unless reduced to writing and signed by all the parties or their duly authorised representatives. 19. RELAXATION No latitude, extension of time or other indulgence which may be given or allowed by any party to any other party in respect of the performance of any obligation hereunder or the enforcement of any right arising from this agreement and no single or partial exercise of any right by any party shall under any circumstances be construed to be an implied consent by such party or operate as a waiver or a novation of, or otherwise affect any of that party's rights in terms of or arising from this agreement or estop such party from enforcing, at any time and without notice, strict and punctual compliance with each and every provision or term hereof. Page 7 - Broker Contract

8 SIGNED at on Witness for MUA INSURANCE ACCEPTANCES (PTY) LTD Duly authorised SIGNED at on Witness for COMPASS INSURANCE COMPANY LIMITED Duly authorised SIGNED at on Witness for INDEPENDENT INTERMEDIARY Duly authorised Page 8 - Broker Contract

9 ANNEXURE A The Classes of Insurance Personal / Private Insurance: Buildings Contents All Risk Motor and Motor Liability Extended Personal Liability (PLIP) Commission to Intermediary Sasria: 7.5% Sasria Motor: 7.5% Plip: 15% Motor: 12.5% All Other Sections: 20% Payment and Collection Of Premiums Cash Agent: Premium to be paid on due date. In terms of the Policyholder Protection Rules the Policyholder is afforded a period of 15 days grace after the date on which the premium became due. Credit Agent: Premium to be paid within 45 days of the due date. In the event that the mandate of the Intermediary authorizes it to receive and collect premiums on behalf of the Company, the Intermediary warrants that it shall not receive such premiums on behalf of the Company without the necessary IGF Guarantees being in force in terms of the provisions of the relevant regulatory authority. Payment of premiums to the Company by the Intermediary shall be in terms of sections 45 and 46 of the Act as amended from time to time Claims Handling: The Intermediary shall notify the Company as soon as practicable on receipt of information from the insured of any event which may give rise to a claim under the policy and forward any notice of claim communication, write, summons or other legal process connected with the event to the Company. The Company will handle all claims or any of its representatives as appointed by the Company. The Intermediary shall have no mandate to acknowledge or accept any liability on behalf of the Company in respect of any claim instituted against the Company or a policyholder of the Company. Page 9 - Broker Contract