TERMS OF BUSINESS AGREEMENT
This Terms of Business Agreement (“TOBA”) along with any documentation referred hereto governs the relationship between CHES Special Risks Inc. (“CHES /us/we”) and the Broker/Brokerage(s) (“You/ you/Your/your/Broker”) in respect of all policies of insurance issued by/through CHES Special Risks Inc.
CHES reserves the right to update this TOBA from time to time without notice to you. Nothing in this TOBA shall be construed to require you to obtain insurance through us or to require CHES to accept orders for insurance from you.
You agree that you are not the agent of and have no authority to bind CHES. You may submit information to CHES and request a premium quotation (the “Quote”) from CHES on behalf of the insurance applicant (“Client(s)”). You agree and understand that CHES cannot arrange insurance for your Client until CHES receives complete written instructions from you and you further agree that your Client’s insurance cover is not in place until CHES has confirmed same to you in writing or CHES has issued evidence of cover. Additionally, you agree and warrant that your Client is: fully informed and accepts and consents to the terms and conditions of the Quote, this TOBA, any documentation referred hereto in this TOBA, and any additional documentation that may be provided to you in furtherance of CHES’ Services to you; and that your acceptance of a Quote signifies that your Client agrees, understands, consents and is fully informed of all the aforementioned.
You agree and warrant that you will abide by applicable legislation, and you will not instruct us to provide services in any way or form, that would result in a breach of applicable legislation including without limitation, bribery, anti-corruption, money laundering, sanctions, privacy or data protection laws.
You will comply with relevant regulatory, fiduciary and legal requirements in respect of your business.
You agree that we will discharge obligations in relation to your Client(s)’s policy through dealings with you only, and not your client. Correspondingly, where this TOBA imposes an obligation on your client, it is for you to ensure that your client is aware of the obligation and the consequences of failing to comply with it along with all documentation referred to herein, including without limitation premium payment terms and your client’s duty of disclosure. Particularly, your client is expected to disclose risk information in accordance with applicable law. As your client’s intermediary you are required to assist your Client(s) in discharging their obligations.
You acknowledge that you shall review all information received from CHES and will let CHES know if any details of the insurance do not meet your approval, or do not reflect the instructions provided to CHES. Renewal of your Client(s)’s insurances shall be your responsibility and you must allow enough time for the proper and timely interchange of information between you and CHES and the relevant insurer and the subsequent consideration of the renewal terms.
You agree and accept that you will cooperate with CHES to resolve any complaints received by you from your Client(s) in relation to CHES Services.
You warrant that you are licensed as an insurance broker in all provinces and jurisdictions in which you operate, and that any such license(s) is valid and in force at the time of commencement or renewal of any insurance contract submitted and accepted hereunder.
You agree to comply or to undertake responsibility for verifying compliance with all applicable laws, regulations and rules of all applicable jurisdictions and all other laws and regulations governing the conduct of business within the scope of this TOBA.
Errors & Omissions Coverage
You shall maintain errors and omissions insurance coverage with: a policy limit not less than an aggregate amount of one million Canadian dollars ($1,000,000.00 CAN) or the legislated minimum, whichever is the greater that will protect you against liability arising out of any professional errors and omissions by any of your personnel in the course of performing duties in furtherance of insurance contracts falling within the scope of this TOBA; and a blanket fidelity bond in an amount not less than two hundred fifty thousand Canadian dollars ($250,000.00 CAN)
No delegation or authority
It is agreed and understood that you have no authority to bind insurance, issue or sign any bindings, cover notes, endorsements, or certificates of insurance, or any such or similar documentation on behalf of CHES.
This section is governed by the terms and conditions included in CHES’ quote and invoice provided to you and/or any other related/similar documentation provided to you by CHES.
Submissions must have complete information relative to the risk being submitted. If no expiry date is given or there is insufficient information the submissions will not be officially logged until this is provided. It is solely at CHES’ discretion as to what constitutes sufficient information.
Nothing contained herein shall be construed to limit or restrict any rights of CHES to cancel or non-renew a policy subject to the requirements of the policy and applicable law.
All information exchanged (whether in any form and whether or not marked as confidential) between the Parties in furtherance of this TOBA will be treated as confidential information by each Party and each Party will not disclose such confidential information to any other person not entitled to receive such information except as may be necessary to fulfil their respective obligations in relation to this TOBA and except as may be required by applicable law.