Terms and Conditions of Appointment as an Insurance ... - Aviva

Terms and Conditions1.2 Construction1.2.1 References in these T&Cs to any statutoryprovision shall be deemed also to refer toany statutory modification, re-enactmentor consolidation thereof or any statutoryinstrument, order or regulation madethereunder or under any such modification,re-enactment or consolidation.1.2.2 Words denoting the male gender shall bedeemed to include the female and neutergenders and words denoting the singularshall be deemed to include the plural whereappropriate and vice versa.1.2.3 The term “governmental authority” shallwhere appropriate, and in particular butwithout limitation in relation to pensionsInsurance Policies, include the RevenueCommissioners,1.2.4 Headings used in these T&Cs are for easeof reference only and shall not affect theinterpretation of any provision hereof.1.3 Agreement, Scope and Authority1.3.1 These T&Cs explain how Aviva will conductbusiness with the Intermediary on or afterthe Date of Effect. By submitting businessto Aviva after the Date of Effect, theIntermediary agrees to these T&Cs.1.3.2 In all the Intermediary’s dealings withAviva (including but not limited to businesssubmitted to Aviva electronically) theIntermediary warrants that the Intermediaryis acting with the Client’s full authority atall times unless the Intermediary notifiesAviva otherwise in writing. Unless otherwisespecified to the contrary in these T&Cs,Aviva do not act as the Intermediary’s agentor as the agent of the Client under anycircumstances.1.5 Nothing in these T&Cs limits our discretion todecline an application for an Insurance Policy,offer different terms on which Aviva acceptssuch applications, withdraw Business, changeBusiness or vary conditions on which Businessis sold.1.6 These T&Cs operate between theIntermediary and Aviva only and they do notcreate any contractual relationship betweenAviva and any director, partner, member,employee, adviser, agent or Client of theIntermediary.1.7 Aviva will assume that any Person givinginstructions to Aviva on the Intermediary’sbehalf has the authority to act for theIntermediary but Aviva reserves the rightto ask for evidence of such authority orconfirmation of instructions received.1.8 These T&Cs are not intended to and donot create any agency, partnership or jointventure or (other than for the purposes of theBusiness) agency, between the Intermediaryand Aviva.SECTION 2.0 - APPOINTMENT OFINTERMEDIARY2.1 Appointment2.1.1 Aviva hereby appoints the Intermediary tobe the non-exclusive insurance intermediaryof Aviva for the purposes of the Business inaccordance with the terms of these T&Cs.2.1.2 Unless otherwise stated, the Intermediaryshall act solely in the capacity of an insuranceintermediary acting on behalf of, and asintermediary for, the Client.2.1.3 Nothing in these T&Cs shall be deemed toconstitute a partnership, association, jointventure or other co-operative enterprisebetween the Parties.2.1.4 Nothing herein contained shall restrict Avivafrom appointing other insurance intermediariesto do business of a nature similar to theBusiness or otherwise or prohibit the salethrough alternative distribution channels byAviva, of Insurance Policies.2.1.5 Neither these T&Cs nor any provisionhereof shall detract from, limit or otherwiseaffect any duties, liabilities, obligations orresponsibilities of the Parties under anySeparate Agreement and in the event ofany inconsistency between the terms ofthese T&Cs and the terms of any SeparateAgreement, the terms of any such SeparateAgreement shall prevail. Termination ofthese T&Cs shall not affect the validity ofa Separate Agreement and termination ofa Separate Agreement shall not affect thevalidity of these T&Cs.