Retail Terms of Business
We will provide Services to you as set out under this Agreement. You must provide Relevant Information to us. We will be entitled to commission and/or fees for providing our Services. Our liability to you under this Agreement is limited. We may change this Agreement from time to time.
WELCOME TO AIB
Thank you for appointing Affinity Risk Partners (Brokers) Pty Ltd t/as Affinity Insurance Brokers ABN 15 091 944 580 (AIB) as your insurance broker and adviser. These Terms of Business, along with AIB’s Financial Services Guide (FSG), sets out the terms and conditions AIB will provide our services (Services) to you (our Agreement ).
Please take the time to read our FSG carefully as it contains some very important information about the products and services AIB provides. It also explains how we and our representatives may be remunerated and contains details of how we manage conflicts of interest and complaints.
By continuing to instruct us, you are taken to have accepted these Terms, unless otherwise agreed in writing with you.
This Agreement commences from the day you engage us and continues until either party provides 60 days’ written notice of termination (expiring after any initial term we agree with you). Unless otherwise agreed in writing, all outstanding claims will be passed on to you for future handling from the date of termination.
If we have a service level proposal, AIB will provide the Services specifically described in that proposal and such additional services as we may further agree with you in writing from time to time.
In providing our services we follow a structured and logical approach to identify and understand your insurable risks and needs. Our approach generally comprises the following phases:
- Arranging general insurance products to help you protect against insurable risks.
- Collecting information that insurers require from you.
- Where needed, providing you with risk management information and advice pertaining to your insurable risks.
- Where needed, assisting you to submit and manage insurance claims.
Unless we have agreed in writing otherwise, our remuneration will comprise the following:
- A commission paid to us by the insurer;
- A fee which will be agreed with you beforehand; or
- A combination of commission and fee.
Please refer to the FSG for further information about the remuneration AIB may earn for providing our Services.
You also agree to reimburse us for all travel and accommodation (including meals) and other out of pocket costs for travel that, with your prior agreement, we reasonably incur in performing the Services.
Please pay fees and out of pocket costs within 14 days of the date of our invoice.
INVOICES AND GST
Please note that all remuneration referred to in this agreement or in any invoice, unless clearly stated otherwise, is to be treated as exclusive of GST.
YOUR INFORMATION OBLIGATIONS
Please provide accurate, complete and timely information to enable us to perform the Services and to make a fair presentation of the risk to your insurers (Relevant Information). You must comply with your legal duty to disclose all material facts when entering into a contract of insurance. You accept full responsibility for the accuracy of the information provided and appreciate that we will rely on the accuracy and completeness of the information you provide in providing the Services and arranging your insurances.
Please carefully review all documents we give you (including policies and endorsements) and advise us immediately if you notice any mistakes of fact or believe the contents do not address your needs.
LIMITATION OF LIABILITY
We will provide the Services with reasonable care and skill. All representations (whether express or implied) and all other implied conditions, warranties and terms as to the provision of the Services are otherwise excluded to the extent permitted by law.
As your broker, we are not the insurer of any risk and we cannot guarantee the availability of insurance for your particular risks. We do not in any way guarantee the solvency of insurers.
To the extent permitted by law, we and our related entities (as defined within the Corporations Act 2001) will not be responsible or liable for:
- any consequential, incidental, indirect or special damage or loss of any kind;
- the supply by you or others, of incorrect or incomplete information (including information that we may use to calculate the premiums and other charges relevant to your insurance); or
- any failure or delay on our part where it is due to causes outside our reasonable control.
Our liability (including interest and costs) and the liability of our related entities in respect of any claim howsoever arising, under or in connection with these Terms of Business, the Services or our business relationship, shall be limited (to the extent permitted by law) to $3,000,000 in the total aggregate.
We will keep all confidential information received from you confidential, and use it solely for the purpose of performing the Services.
However, our confidentiality obligation does not apply where you have given written permission otherwise; where disclosure is required to satisfy legal obligations or regulatory requirements; where disclosure is reasonably required to carry out the Services (for example providing information to current or prospective insurers); where such information is in the public domain; or where the information is rightfully in our possession other than as a result of a breach of any obligation of confidentiality.
We retain title, copyright, patents and all other intellectual property rights to our knowledge, ideas, concepts, programmes, documentation, models, studies and methodologies used, acquired or developed in servicing you.
You acknowledge that we are in the business of providing similar services to other clients and agree to our utilising the same intellectual property and rights in servicing other clients as long as we keep your confidential information confidential in accordance with this retainer.
We both agree to comply with the Privacy Act 1988 (Clth) and any other applicable privacy or data protection laws regulating the collection, storage, use and disclosure of “personal information” as defined under the Privacy Act, including the Spam Act 2003 (Cth) and Do Not Call Register Act 2006 (Cth) and do all that is reasonably needed on each of our parts to enable the other to comply with them.
We may correspond with you by electronic communications unless you instruct us not to do so.
Electronic communications are not always secure and may be read, copied, lost or interfered with in transit. We are not responsible for any of the risks associated with electronic communication, including loss of data.
These Terms of Business set out the entire agreement between us in relation to the matters covered in these Terms. We may change these Terms from time to time, in which case we will provide you with the amended terms. If any part of these Terms is or becomes invalid, unlawful or unenforceable, it will be read down or interpreted and enforced to the extent permissible or if this is not possible, it will be severed and the remainder of these Terms will remain unaffected. Australian law governs our agreement and the Australian courts have exclusive jurisdiction.
AIB is a leading provider of insurance and risk services. It is part of the Aon Group, which is a global leader in the design and provision of insurance, reinsurance, risk and employee benefit services. We hold an Australian Financial Services Licence.
If you have any questions about our services or anything in this document, please contact your AIB Client Relationship Manager or your local Aon office or Aon Australia’s head office in Sydney on 02 9253 7000.
Published by Affinity Risk Partners (Brokers) Pty Ltd ABN 15 091 944 580
As an authorised representative (No 1288354) of Aon Risk Services Australia Limited ABN 17 000 434 720 AFSL 241141
Aon Tower, 201 Kent Street, Sydney, 2000
T (02) 9253 7000 or toll free 1300 659 266
© Aon Risk Services Australia Limited ABN 17 000 434 720 AFSL 241141