Obligations of the Intermediary. 4.1 The Intermediary undertakes and agrees with BES at all times during the term of this Agreement: 4.1.1 to perform its duties in accordance with: 4.1.1.1 the terms of this Agreement including, without limitation, any Addendums that may apply 1; and 4.1.1.2 the procedures outlined in any manual for any online tool; 4.1.2 to not enter into contracts for Inspection Services for an Inspection Fee lower than that quoted by BES without the written consent of BES; 4.1.3 to only produce quotes for Inspection Services using a BES online tool or BES pricing team and to not conclude any contract for Inspection Services on behalf of BES unless authorisation has been given by BES; 4.1.4 to act towards BES conscientiously and in good faith and to negotiate, conclude and enter into contracts for Inspection Services in the name of and on behalf of BES; 4.1.5 to not amend, vary supplement or waive any of the BES Standard Terms and Conditions, nor make any representations nor give any warranties to any Customer on behalf of BES other than as expressly set out in this Agreement; 4.1.6 except as authorised by BES in this Agreement, not to act in a way which will incur any liabilities on behalf of BES nor to pledge the credit of BES; 4.1.7 to comply with all reasonable and lawful instructions of BES from time to time concerning its obligations, and generally to carry out its obligations in such manner as it thinks best to promote the interests of BES; 4.1.8 to employ a sufficient number of suitably trained personnel to ensure the proper fulfilment of the Intermediary's obligations under this Agreement; 4.1.9 to inform BES promptly of any complaint concerning the Inspection Services received by the Intermediary; 4.1.10 to provide BES with all necessary paperwork and documentation in order for it to provide the Inspection Services to the Customer; 4.1.11 to ensure that the Inspection Services are subject to the BES Standard Terms and Conditions; 4.1.12 to ensure that the Customer is provided with a copy of the BES Standard Terms and Conditions and any associated documents that BES may stipulate from time to time; 4.1.13 to take such action as BES may from time to time request to seek to collect the debts owing to BES by Customers or to assist BES in taking such action, but not to take any such action without BES's prior written instructions; and 4.1.14 to fully indemnify and hold harmless BES against any liabilities incurred by BES as a result of the Intermediary exceeding the scope of its authority granted under this Agreement.
Appears in 3 contracts
Samples: Terms of Business Agreement, Terms of Business Agreement, Terms of Business Agreement
Obligations of the Intermediary. 4.1 The Intermediary undertakes and agrees with BES XXX at all times during the term of this Agreement:
4.1.1 to perform its duties in accordance with:
4.1.1.1 the terms of this Agreement including, without limitation, any Addendums that may apply 1; and
4.1.1.2 the procedures outlined in any manual for any online tool;
4.1.2 to not enter into contracts for Inspection Services for an Inspection Fee lower than that quoted by BES XXX without the written consent of BESXXX;
4.1.3 to only produce quotes for Inspection Services using a BES online tool or BES pricing team and to not conclude any contract for Inspection Services on behalf of BES unless authorisation has been given by BESXXX;
4.1.4 to act towards BES conscientiously and in good faith and to negotiate, conclude and enter into contracts for Inspection Services in the name of and on behalf of BESXXX;
4.1.5 to not amend, vary supplement or waive any of the BES Standard Terms and Conditions, nor make any representations nor give any warranties to any Customer on behalf of BES other than as expressly set out in this Agreement;
4.1.6 except as authorised by BES XXX in this Agreement, not to act in a way which will incur any liabilities on behalf of BES nor to pledge the credit of BESXXX;
4.1.7 to comply with all reasonable and lawful instructions of BES XXX from time to time concerning its obligations, and generally to carry out its obligations in such manner as it thinks best to promote the interests of BES;
4.1.8 to employ a sufficient number of suitably trained personnel to ensure the proper fulfilment of the Intermediary's obligations under this Agreement;
4.1.9 to inform BES XXX promptly of any complaint concerning the Inspection Services received by the Intermediary;
4.1.10 to provide BES with all necessary paperwork and documentation in order for it to provide the Inspection Services to the Customer;
4.1.11 to ensure that the Inspection Services are subject to the BES Standard Terms and Conditions;
4.1.12 to ensure that the Customer is provided with a copy of the BES Standard Terms and Conditions and any associated documents that BES may stipulate from time to time;
4.1.13 to take such action as BES may from time to time request to seek to collect the debts owing to BES by Customers or to assist BES XXX in taking such action, but not to take any such action without BESXXX's prior written instructions; and
4.1.14 to fully indemnify and hold harmless BES against any liabilities incurred by BES XXX as a result of the Intermediary exceeding the scope of its authority granted under this Agreement.
Appears in 1 contract
Samples: Terms of Business Agreement
Obligations of the Intermediary. 4.1 The Intermediary undertakes and agrees with BES shall:
4.1.1 ensure that both their appointed representatives are Fit & Proper at all times during and that they meet the term relevant honesty and integrity requirements and adhere to the relevant competency requirements and CPD requirements applicable to the Category of this Agreement:financial services/products which they are appointed to render financial services.
4.1.1 4.1.2 maintain a register of it’s appointed representatives and must provide a copy of their updated Competency Register to perform its duties Oneplan at least every 3 months from Signature Date, or within 48 hours upon receiving a written request therefor from Oneplan. In the event of addition or termination of a representative, the Intermediary shall advise Oneplan within 15 days of such change to the representatives’ register.
4.1.3 ensure that it has been successfully registered as an authorised FSP and that it maintains a valid licence to render financial services as an authorised FSP. Any and all licencing conditions or restrictions imposed against the Intermediary’s FSP licence must be disclosed to Oneplan.
4.1.4 disclose to Oneplan and the Policy Holder any other fee charged by the Intermediary. Such fee shall be shown separately on the policy schedule and shall be charged only in accordance with:with any applicable law or regulation, which may be in force. In order to charge the aforementioned fee the Intermediary must obtain prior written authorisation from Oneplan and/or Bryte.
4.1.1.1 4.1.5 the Intermediary shall refer clients to Oneplan for any cancellations of policy and refunds due. Should a Client require a refund of the intermediary commission, Oneplan shall refer the Client to the Intermediary who undertakes to attend to the Client’s query forthwith but no later than 48 (forty-eight) hours of receipt of the query.
4.1.6 not commit to pay any claim or offer any ex gratia payment without the prior written approval of Oneplan.
4.1.7 if called upon to do so by Oneplan, render such assistance as may reasonably be required with respect to an investigation of claims and provision of information required regarding claims.
4.1.8 notify Oneplan within 24 (twenty-four) hours of the service on the Intermediary of any legal process or becoming aware of any potential legal action, which may have an impact on Oneplan, at all times acknowledging that time is of the essence.
4.1.9 not complete or sign any claim form on behalf of a Policy Holder save where the Policy Holder is unable to do so and/or the Policy Holder’s next of kin cannot be located to do so. In this event the Intermediary shall act as an agent of the Policy Holder and not of Oneplan.
4.1.10 shall keep at its designated storage depot, the details of which shall be supplied to Oneplan, true, proper and complete records as required by the STIA, FAIS AND POPI, as amended from time to time. Oneplan or its duly authorised representative shall have the right, without restriction, to inspect and audit any records of the Intermediary relating in any way to Policies at any reasonable time during business hours and shall have the right to make copies of any such records or extracts therefrom.
4.1.11 be liable for and shall pay all charges and expenses incurred in its operations and the carrying out of its obligations in terms of this Agreement including, without limitation, any Addendums that may apply 1; andSLA.
4.1.1.2 the procedures outlined in any manual for any online tool;
4.1.2 to not enter into contracts for Inspection Services for an Inspection Fee lower than that quoted by BES without the written consent of BES;
4.1.3 to only produce quotes for Inspection Services using a BES online tool or BES pricing team and to not conclude any contract for Inspection Services on behalf of BES unless authorisation has been given by BES;
4.1.4 to act towards BES conscientiously and in good faith and to negotiate, conclude and enter into contracts for Inspection Services in the name of and on behalf of BES;
4.1.5 to not amend, vary supplement or waive any of the BES Standard Terms and Conditions, nor make any representations nor give any warranties to any Customer on behalf of BES other than as expressly set out in this Agreement;
4.1.6 except as authorised by BES in this Agreement, not to act in a way which will incur any liabilities on behalf of BES nor to pledge the credit of BES;
4.1.7 to 4.1.12 comply strictly with all reasonable and lawful instructions instructions, which may be issued by Oneplan in regard to any policy sold to a policyholder in terms of BES the Intermediary Agreement.
4.1.13 start selling policies within a period of twelve (12) months from the date on which they have been issued with a mandate by Oneplan. Failure to have sold any policies within this time frame will result in automatic termination of the mandate issued by Oneplan. Should the Intermediary wish to have another mandate issued, they will have to re-submit all required documentation and undergo all training again, in accordance with Oneplan’s Broker onboarding process, as may be amended from time to time concerning its obligations, and generally to carry out its obligations in such manner as it thinks best to promote the interests of BES;
4.1.8 to employ a sufficient number of suitably trained personnel to ensure the proper fulfilment of the Intermediary's obligations under this Agreement;
4.1.9 to inform BES promptly of any complaint concerning the Inspection Services received by the Intermediary;
4.1.10 to provide BES with all necessary paperwork and documentation in order for it to provide the Inspection Services to the Customer;
4.1.11 to ensure that the Inspection Services are subject to the BES Standard Terms and Conditions;
4.1.12 to ensure that the Customer is provided with a copy of the BES Standard Terms and Conditions and any associated documents that BES may stipulate from time to time;
4.1.13 to take such action as BES may from time to time request to seek to collect the debts owing to BES by Customers or to assist BES in taking such action, but not to take any such action without BES's prior written instructions; and
4.1.14 to fully indemnify and hold harmless BES against any liabilities incurred by BES as a result of the Intermediary exceeding the scope of its authority granted under this AgreementOneplan.
Appears in 1 contract
Samples: Service Level Agreement
