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

Terms and Conditionsand shall not use or disclose such informationexcept with the prior written consent ofthe other party or as required by law or inaccordance with the order of a court ortribunal of competent jurisdiction.3.3.2 Where either Party is required by law orrequested to disclose information relating tothe other Party, to any competent regulatoryor governmental authority, or in accordancewith the order of a court or tribunal ofcompetent jurisdiction, the Party upon whomsuch requirement is imposed or of whomsuch request is made shall, in so far as itin its reasonable opinion determines that itis appropriate and lawful to do so, consultwith the other Party prior to such disclosurewith a view to providing the opportunity forthe other Party to contest such disclosure orotherwise to agree the timing and contentof such disclosure. In any event, the Partymaking such disclosure shall, unless in itsreasonable opinion determines that it isinappropriate to do so, notify the other Partyimmediately of the disclosure.The provisions of this Clause 3.1.4 shallcontinue without limit in point of time andshall not terminate upon the termination ofthis appointment.SECTION 4.0 - DUTIES OF INTERMEDIARY4.1 Processing of Client Information4.1.1 The Intermediary shall use its best endeavoursto:(a) ensure that all questions on proposalforms in connection with InsurancePolicies are completed correctly, clearlyand fully by the Client;(b) forward all proposals to Aviva as soonas received by the Intermediary andin accordance with any arrangementsadvised to the Intermediary by Avivafrom time to time;(c) promptly seek from the Client anyfurther information required by Aviva inorder to confirm the acceptability of theproposal to Aviva;(d) notify Aviva immediately upon beingnotified of any claim or any possibleclaim under any Insurance Policy andassist Aviva in responding to a claimin accordance with any arrangementsadvised to the Intermediary by Avivafrom time to time; and(e) notify Aviva immediately of any otherrelevant correspondence received froma Client or other party in relation toan Insurance Policy and assist Aviva inresponding to that correspondence.4.2 Handling of FundsThe Intermediary shall adopt best practiceand comply in every respect at all timeswith Applicable Laws and Regulations asregards the receipt, acknowledgement,handling, safekeeping, banking, accounting,documenting, recording, transfer andmanagement generally of all premiums andfunds held by them whether or not in afiduciary capacity on behalf of Aviva or theClient. In the absence of specific authorityin writing from Aviva nothing herein shall beconstrued as authorisation from Aviva for theholding of such premiums or funds by theIntermediary.4.3 Client Premium AccountsThe intermediary will subject to and inaccordance with Applicable Laws andRegulations operate and lodge moneyit receives in respect of a premium to asegregated bank account to be designated“client premium account”. In particular butwithout limitation on the foregoing, subjectto and in accordance with Applicable Lawsand Regulations, the Intermediary shall:(a) ensure that all payments from a clientpremium account clearly state thatthe payment emanated from a clientpremium account(b) ensure that a client premium account isnever overdrawn(c) ensure that only debits and credits asspecified under Applicable Laws andRegulations are passed through a clientpremium account and(d) carry out and retain, on a monthly basis,a detailed reconciliation of amounts dueto regulated entities with the balance oneach client premium account it operates.