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Terms & Conditions

THURA BROKER SERVICES (PTY) LTD
STANDARD TERMS AND CONDITIONS OF DOING SHORT TERM INSURANCE BUSINESS WITH THURA BROKER SERVICES

  1. INTRODUCTION

The purpose of this document is to establish a professional business relationship between the parties and to demonstrate our intention, as an intermediary, to align ourselves with the main objectives of the new legislation that regulates financial advisory and intermediary services. The Financial Advisory and Intermediary Services Act, No. 37 of 2002 became effective on 30 September 2004 and the purpose of the Act and its subordinate measures is to protect consumers and to enhance the integrity of the financial services industry.

In terms of the aforementioned Act, a consultant of Thura Broker Services are required to provide the client with our business information, present a copy of his/her Certificate of Competence and our FSP License on request, confirming the licensed areas of our expertise.

The role of an intermediary is multifaceted and a good partnership between the client and Thura Broker Services is very important.  Thura Broker Services plays a valuable role for our clients as risk specialists, trusted advisors and in the proses we offer a range of skills and expertise in the business of insurance to our clients. Among others, we are adept at breaking down complex concepts, simplifying industry jargon, and explaining financial terms to our clients who may not be financially or short term insurance savvy.

We design customized risk management solutions for individuals and businesses. We as your intermediary must not only be able to advise on how to mitigate various risks, but also be there for our clients when things go wrong.

In this regard in particular, there is no substitute for a strong relationship built on trust and expertise and no better value than the ‘human factor’ that comes with an intermediary.

We as your intermediary play a critical role to adapt to change and to help clients to safeguard themselves and their assets.

Thura Broker Services establish, over time a reputation as an expert short-term insurance Intermediary. This is a result of us being proactive and listening to our clients’ needs and good risk assessments.

Providing simplicity in a world of increasing insurance complexity is more important than ever. As the short-term insurance industry continues to incorporate new technologies, products and processes to remain relevant and drive efficiencies, the role of the intermediary remains crucial, particularly when it comes to explaining complex terms, providing counsel, and supporting clients empathetically.

Andries Burger

Managing Director

  1. DEFINITIONS AND TERMINOLOGY

 

2.1 Terminology

 

In these terms and conditions, the words “we/us/our” shall refer to the “intermediary”, whilst “you” shall refer to “the client” or “you” as the context may require. In addition, the acronym FIA is a reference to the Financial Intermediaries Association of Southern Africa of which we are a member.

2.2 Definitions

 

2.2.1) Authorized financial services provider means a person that has been granted an authorization as a financial services provider by the issue of a license by the Financial Services Board of South Africa in terms of section 8 of the Financial Advisory and Intermediary Services Act, No 37 of 2002;

2.2.2) Advice means any recommendation, guidance or proposal of a financial nature regarding a client’s short-term insurance needs and/or risk analysis and/or objectives;

2.2.3) Client means a specific person or group of persons, excluding the general public, who is or may become the subject to whom advice and/or intermediary services are rendered intentionally in terms of this agreement, or is the successor in title of such a person or the beneficiary of such service;

2.2.4) The FAIS Act means the Financial Advisory and Intermediary Services Act, No. 37 of 2002;

2.2.5) Financial services provider means any person, other than a representative, who as a regular feature of the business of such a person –

(a) furnishes advice; or

(b) furnishes advice and renders any intermediary service; or

(c) renders an intermediary service.

2.2.6) Intermediary means any representative that acts on behalf of the financial services provider that advises the client on his/her insurance needs and/or assists the client to implement insurance solutions on the client’s behalf;

2.2.7) Intermediary service means any act other than the furnishing of advice, performed by a person for or on behalf of a client or insurer –

(a) the result of which is that a client may enter into, offers to enter into or enters into any transaction in respect of a short-term policy as defined in the Short-term Insurance Act, (No. 53 of 1998) with an insurer; or Thura Makelaarsdienste (Pty) Ltd FSP 4532.

(b) with a view to:

(i) buying, selling or otherwise dealing in (whether on a discretionary or non-discretionary basis), managing administering, keeping in safe custody, maintaining or servicing a short-term policy purchased by a client from an insurer;

(ii) collecting or accounting for premiums or other moneys payable by the client to an insurer in respect of a short-term policy; or

(iii) receiving, submitting or processing the claims of a client against an insurer.

2.2.8) Record of advice means a document of mutual understanding that relates to the relevant and material content of the advice or intermediary service that is/was provided to the client.

  1. Our service model and commitment to our clients

 

3.1 Conduct

We represent the client, and we will at all times act in accordance with the FIA Code of Conduct and Practice, as well as our obligations in terms of the FAIS Act, which means that we will –

3.1.1 act with that degree of reasonable and proper care, skill and diligence as the circumstances of each case require of us;

3.1.2 conduct our business in good faith and with integrity; and

3.1.3 act objectively when we consider the choice of insurers.

3.2 Disclosure of information concerning the intermediary, the insurer and other matters of importance

We hereby undertake to disclose all relevant and material information appropriate to the client’s insurance requirements, which is aimed at enabling our clients to make well-informed decisions during the course of our professional relationship with our clients.

3.3 Advice

3.3.1 We undertake to provide our clients with appropriate short-term insurance-related advice based on the information and instructions provided to us by our clients. However, the accuracy of any such information provided to us or the insurer is the client’s sole responsibility.

3.3.2 You acknowledge that we cannot be held responsible for:

(a) any loss that may be incurred by our clients or any other third party as a result of inaccurate information provided to us that is relevant to the client’s circumstances, insurance needs and objectives;

(b) financial loss as a result of any recommendation, guidance or proposal that is not acted upon or implemented by the client;

(c) any recommendation, guidance or proposal that is implemented partially, or in whole, through any other intermediary or insurer in the absence of a signed advice record, confirming the relevant and material content of the advice that was offered.

3.4 Professional Services

3.4.1 Our professional services include:

(a) recommendations, guidance and proposals relating to short-term insurance needs and objectives;

(b) investigating the various product options that would meet the client’s insurance needs;

(c) leading the client through a process to enable the client to make well-informed insurance decisions;

(d) the placement of insurance with the selected insurer;

(e) confirmation of insurance cover;

(f) assistance with potential amendments relating to the insurance cover;

(g) annual renewal of insurance cover and insurance contracts; and

(h) advice and services relating to insurance claims.

3.5 Records of advice

In terms of the FAIS Act, financial services providers are required to maintain a detailed record of advice. In view of this statutory requirement, we will confirm all instructions and advice in writing.

Any instruction will form the basis of a record of mutual understanding between us and our client and is intended to complement our corporate governance procedures and legislative requirements. In view of the aforementioned, it must be noted that these records are vital for both parties and it is therefore understood that the client’s instruction(s) shall be confirmed in writing and acknowledged by both parties.

We undertake to maintain records of our dealings with our clients and on their behalf as required by law. Archived documents will be returned to the client or destroyed at the client’s written request. We will maintain our own records for such period as may be required by law.

3.6 Remuneration and Broker Fees

Your Intermediary is responsible for any technical questions you might have, as well as the annual review of your policy. Speak to him or her if you request further quotes or have any technical queries. The contact details of your Intermediary is listed on the Thura Diagram.

3.6.1 commission from the insurer concerned as a result of placing the client’s business with local insurance markets; and/or

3.6.2 broker fee, being for additional administration and professional advice fees.

 

The source and the quantum of our remuneration will depend on the circumstances of each transaction and will be disclosed to you when we present our proposal(s) to you. We undertake to disclose remuneration received, directly or indirectly, arising from this agreement.

The FAIS legislation requires that you the client must give permission for the payment and collection of the broker fees.  By signing the Appointment Of Broker document, you expressly agreed to payment of the broker fee and for the collection thereof with the premium and payment thereof to Thura Makelaarsdienste (Edms) Bpk.  In terms of FAIS legislation all fees and commissions will be indicated on the policy schedule.

3.7 Confidentiality

Other than set out in this paragraph, all information we receive from our client will be kept confidential and not disclosed except in the normal course of business. The information may be disclosed if it is required by regulation or an order of court of competent jurisdiction, or is already in the public domain, or has been received from a third party who is not in breach of a confidentiality agreement in releasing the information to us.

However, we shall be entitled to use the client’s personal/business information for all purposes relating to or arising out of the services to be provided by us to our clients from time to time. In addition, the client authorizes us to disclose his/her/their personal/business information to other companies or entities with whom we are associated whether by way of shareholding, partnership, joint venture or the like in order to inform you of services provided by such associated companies/entities which may be of interest to our clients.

  1. CLIENT RESPONSIBILITIES

 

4.1 Authorized representative

The client warrants to us that the director, officer, partner, husband/wife or other employee that will represent him/her/them in him/her/their dealings with us is duly authorized to do so. We will confirm all instructions in writing by letter or e-mail to our client’s authorized representative. Written instructions may also be recorded in the minutes following any meetings with our clients.

4.2 Duty of disclosure to insurers and duty of good faith

An insurance contract imposes onerous duties upon prospective insured parties and their service providers, who are obliged to act with utmost good faith towards insurers and re-insurers at all times.

In particular, the client is obliged to disclose to insurers, before the contract is concluded, any material circumstances that may in any way affect the risk and, in turn, the decision of the underwriter to insure the risk. The obligation of disclosure is not limited to material circumstances of which the client are aware; it extends to those circumstances of which the client ought to be aware in the ordinary course of his/her/their business.

In view of the aforementioned, the client is responsible for ensuring that

Thura Broker Services have all material documents and facts that should be disclosed to insurers. If there is any doubt as to whether or not a circumstance is material to the risk, we recommend that you inform/advise us of it in writing.

If there is any breach of duty to act in utmost good faith or failure to disclose any material circumstance to insurers, the insurers will be entitled to void the policy of insurance from inception. In effect, this means insurers are entitled to act as if the policy had never existed and to seek recovery of all claims already paid under that policy, although they would be obliged to repay the premium.

The duties of utmost good faith and full disclosure apply again on renewal, extension or amendment of any policy. They also apply to the making of claims and to any situation during the period of the policy in which the client is required, under the terms of the policy or otherwise, to provide information to insurers.

The client must also take care to ensure that all the information provided to us is true, since insurers may also void a policy based on misrepresentation. As referred to in clause 3.3 above, the client is reminded that Thura Broker Services cannot be held responsible for any material information that is not disclosed to us as the client’s intermediary.

4.3 Questionnaires and forms

With certain classes of insurance, the client may be required to complete a proposal form or questionnaire. We will provide any advice and assistance the client may require, although we cannot complete or sign the form on the client’s behalf.

In completing a proposal, claim form, email claim form or other document relating to an insurance policy, the accuracy of all answers, statements and/or information is the client’s sole responsibility.

4.4 Risk information

The client will be required, in the beginning of the relationship and on an annual basis, to provide updated risk information with regard to the subject matter to be insured and claims information, which will be used for the purposes of obtaining the initial cover or renewal terms from insurers and re-insurers. We will provide guidance and advice on the nature of the information required in this regard.

The client’s attention is drawn to the fact that, should the subject matter of the insurance or the circumstances affecting it or the risk insured be altered in such a way as to increase the risk insured under the policy, the policy can be voided, unless the insurer has been given prior written notice thereof and has accepted that situation.

Where the subject matter of the insurance is so altered as to make it a different risk (as opposed to increasing the risk), the insurer will not be liable.

  1. PLACEMENT OF INSURANCE

 

5.1 Instructions

Any placement of insurance cover by us on the client’s behalf will be implemented based on the client’s specific instruction(s).

In the busy times we live in, there is simply no time to read through lengthy documents. However, it is very important that you read through your policy and ensure that the following information is correct:

If there are any mistakes or omissions, please contact us at [email protected]

Remember, we are here to provide you with the very best short-term insurance cover. Therefore, if you have any specific needs or problems regarding short-term insurance, please call us. There is always a way to find a better solution!

If you have any grievances, please direct it to [email protected].

5.2 Provision of insurance premium costings

When providing a quotation for the placement of the client’s business, we will make every endeavor to ensure its accuracy and that we can place it at the quoted price. In cases where we are requested to provide estimated costs of insurance cover without approaching the market, we will be unable to confirm the final premium until we have agreed the costings with insurers.

We will inform the client of the monthly/annual premium required by insurers, the terms and conditions and the scope of coverage. Payment is due upon presentation of our invoice in case of an annual insurance policy.

5.3 Binding of cover

Cover will be placed on the client’s specific instruction and will only be in force once it has been accepted and confirmed by the insurer.

5.4 Mid-term amendments

If the client requires any changes to his/her/their insurance covers, the client must contact Thura Broker Services immediately via email or telephone, and we will negotiate the changes required. Notice to us of changes required does not mean that cover is automatically in place; the changes to cover will be effective from the date they have been accepted by the insurer.

In view of our statutory record-keeping obligations, any instructions in this regard and/or material changes must be agreed to by both parties and be confirmed in writing.

5.5 Policy Changes

Send instructions to [email protected] or Contact one of our admin staff that is listed on the Thura Diagram. This Diagram is at the back of this document.

All cancellation instructions must be submitted in writing by the insured or co-insured.

HOW TO MAKE AMENDMENTS TO YOUR POLICY

VEHICLES

To help you determine an appropriate motor vehicle value, we follow the insurance industry’s use of the Mead & McGrouther Vehicle Value Guide. The market value, as defined in the Mead & McGrouther guide, must be used as the starting point to determine the actual insured value.

To determine the correct value, the following must be taken into account and counted or deducted from the insured value:

The consequences of an incorrectly insured value due to the above factors are:

It remains your responsibility to ensure that your vehicles/implements are properly insured.

CROSS-BORDER REQUIREMENTS FOR VEHICLES

Vehicles enjoy full cover within the area limits as defined in the policy schedule. However, if the vehicle is to be used outside the borders of the country, the following applies:

Please remember to put the ZA sticker on your vehicle.

5.6 Confirmation of cover

We will confirm that we have placed cover or effected the client’s required changes within 7 working days. We will confirm in writing the scope of cover, explain specific terms and conditions that may apply and give the client the names of the insurers with whom the insurance has been placed. This will usually be sent to you within 45 days of inception of cover.

We will send the client a policy document and/or cover note within 60 days of inception of cover. The policy sets out the various terms, conditions, warranties and exclusions relating to the cover. In the event of a claim it is the only document that can be used to determine whether or not a claim is payable.

Whilst we will endeavor to ensure that the insurer has given proper effect to the client’s requirements, it is important that the client carefully read all confirmations of cover, policies and other documents to ensure they meet his/her/their requirements. If they do not, Thura Broker Services should be informed immediately.

  1. Payment of premiums and fees

The client is responsible for the payment of the premium to the insurer as per debit order and/or directed on receipt of the invoice regarding an annual policy. In the event that settlement is required, other than on presentation of our invoice, we will advise the client accordingly.

It is not our policy to fund the payment of premium on behalf of our clients to insurers. Failure to pay your premium on or before the date contractually required could void your policies.

  1. Claims

Claims, losses or any other circumstances that could give rise to a claim should be notified to us as soon as possible and certainly within any time limit specified in the policy via our website www.thura.co.za, email or telephone.

Any notification should include all material facts concerning the claim. Where circumstances so require, we will advise the client how to proceed with the quantification and settlement of his/her/their claim. We will keep the client apprised of the progress of his/her/their claim and of any special circumstances relating thereto.

The settlement of a claim will depend upon the following:

Claims or any Incident must be reported to the insurer within 30 days from the date of loss or damage. You must therefore submit your claim to Thura Broker Services in this period.

Driver’s full name and surname;

– Driver’s ID number;

– Driver’s address;

– All the abovementioned details of any independent eyewitnesses.

– Make and model of the vehicle;

– Registration number;

– Details of short-term insurance (name of the insurer and policy number).

VEHICLE CLAIM PROCEDURE

Please complete a claim form. Required forms are available at www.thura.co.za. Submit the claim form once you have completed it. You will automatically receive a confirmation that your claim has been received by our Claims Department.

If you do not have access to our website, please contact us by telephone or email and our Claims Department will assist you.

The following information must be indicated on the claim form:

Documents required:

  1. Financial security of risk carrier

It is our policy to place the client’s business only with reputable and creditworthy insurers and re-insurers. We cannot accept responsibility for, nor guarantee, the future solvency of these insurers or re-insurers or their ability to pay claims.

If the client requires information about any of the insurers or have specific instructions in this respect, he/she must discuss it with us. If the client requires us to place all or part of his/her/their insurance cover with a market that is not on our approved financial security list, we will require the client’s written authorization to do so.

  1. Delegation

In the normal course of our operations, we may request other service providers (under writers) to assist us to service and to place the client’s business. The remuneration of such other service providers will form part of the agreed fees unless otherwise advised to the client.

  1. Referrals

In the event that we should refer the client to a third party for advice or intermediary services that do not form part of the client’s short-term insurance needs, we undertake to take all reasonable steps to ensure that they are licensed as financial services providers with the Financial Services Board. However, it is understood that we cannot be held responsible for the advice or intermediary service that may be provided to the client by such third party as it would constitute a separate arrangement between the client and such third party.

  1. Indemnity

We confirm that, currently, we have professional indemnity insurance. This cover is renewed annually and we will notify the client if, at any stage, we are unable to procure such insurance.

In the event that the client may suffer any loss or damage arising out of or in any way related to our performance or nonperformance of the services to be rendered to the client in terms of this agreement, whether arising out of negligence or any other cause, our liability shall be limited to a maximum amount of R10 million. We shall not, under any circumstances, be liable to the client for any indirect, consequential or economic loss nor for any punitive damages.

The client may, in writing, request that the maximum amount of our liability be increased to an amount in excess of the R10 million limitations aforementioned. However, in such circumstances, we will charge the client a commensurate premium cost for the increased limit of indemnity.

  1. Termination of our appointment

12.1 This agreement may be terminated by either the client or us giving 60 days notice in writing to the other, or immediately in any of the following events:

12.1.1 if either the client or we commit a material breach of any of the terms of this agreement which is not remedied within 14 working days, except where such breach is due to a cause beyond the control of either the client or us, or

12.1.2 if either the client or we are liquidated, become insolvent, make a voluntary arrangement with creditors or have a receiver or administrator appointed.

12.2 Upon termination of this Agreement, we shall continue handling any outstanding claims work or complete any work in progress that we are able to. Both parties agree that an acceptable method of remuneration and conduct will apply, with specific reference to the following: