Agency Agreement Template

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AGENCY AGREEMENT
BETWEEN
XXXX INSURANCE SERVICES
&
INSERT COMPANY NAME
AGENCY AGREEMENT
BETWEEN
XXXX INSURANCE SERVICES
&
INSERT COMPANY NAME
THIS AGREEMENT is made on this _________ day of _________ 2015
betweenthe
xxxxxxxxxxxof
Post
Office
Box
Number
xxxxxxx
Nairobi
(Hereinafter referred to as “xxxx”) of the ONE PART and the xxxxxxxxxxx, of
Post Office Box Number xxxxxxxx Nairobi (Hereinafter referred to as “xxxxx”)
on the OTHER PART
1. Terms of agreement
a) This agreement specifies the terms and conditions under which the agent
may introduce business to the company.
b) Nothing in this agreement shall override the duty of the agent to place
the interest ofthe prospect before all other considerations.
c) This agreement shall not be assignable by either party.
d) This agreement does not bind the company to accept any proposal for
new business or renewal put to it by the agent, nor does it bind the agent
to accept on behalf of the prospects the terms put to it by the company.
2. Law and Jurisdiction
This agreement shall be construed according to Kenyan Law and any disputes
arising in respect of it shall be determined under the Kenyan law.
3. Variation
Any variation to the terms of this agreement must be confirmed in writing by
both parties and shall not negate the content of this contract.
4. Authority
4.1.
The company hereby appoints the agent subject to the terms and
conditions of this agreement, as its non-exclusive agent for the sale of
its insurance products.
4.2.
The agent shall not, without consent of the company, amend
quotations or terms or conditions of insurances arranged by the
company, or place clients on cover.
5. Duties of the agent
5.1.
The agent will complywith all laws, statutes and regulations affecting
the subject matter of this agreement, and in particular abide by the
rules, requirements and procedures of the InsuranceRegulatory
Authority.
5.2.
The agent undertakes to pass to the company promptly any material
information notified to the agent by the client in connection with any
insurance contract in which it has an interest.
6. Duties of the company
In its dealings with the agent, the company shall act dutifully and in good faith
and in particular shall:
a) Inform the agent and the prospect within a reasonable time of its
acceptance or refusal of any transaction;
b) To give a renewal notice to the client and the existing agent and only
renew on the instruction of the client;
c) To perform their obligations as provided in the Guidelines on registration
of Agents issued by the Authority; and
d) Where the business was introduced by the Agent, the Insurer shall not
renew the business without notifying the existing Agent.
e) Where the agent ceases to represent the company the business
introduced by the Agent shall be treated as direct business and no
further commission shall be paid to any other person.
7. Commission
7.1.
In consideration of the obligations undertaken or agreed to be
undertaken by the agent under this agreement, the company shall,
during the term of this agreement, pay the agent commission as
agreed with the insurer.
7.2.
In case of termination of this agreement the Agent shall be entitled to;
(a) in case of death, the commission due to the agent for the next six
month from the time of death; or
(b) in any other case the commission earned at the time of
termination; and
(c) all other benefits and entitlements.
8. Termination
8.1.
This agreement shall come into force on the date hereof and subject to
the rights of termination set out in this agreement, shall continue in
force for a period of one year and thereafter unless or until terminated
by either party giving the other not less that sixty days’ notice; such
notice must be given in writing by post, e-mail or fax addressed to the
either party.
8.2.
Either party shall be entitled to terminate the agreement forthwith
upon written notice if the other party commits any breach of this
agreement, if either party makes any voluntary arrangement with its
creditors or goes into liquidation or bankruptcy or ceases to carry on
business.
8.3.
If the Agent is unable to achieve the production targets due to illness
or any other cause and is temporarily or permanently, prevented from
performing his obligations, a notice not less than six Months shall be
issued before termination.
8.4.
Upon retirement of an agent due to old age or infirmity, the agent
shall be entitled to receive commissions for a further period of not less
than 24Months before the company is discharged from all liability.
9. Consequences of termination
Termination of the contract shall not affect the rights and liabilities of
either party existing at the date of termination.
10. Confidentiality
10.1. Any information relating to the agent made available to the
company by the agent will not be used by the company or
disclosed to any third party by the company or any of its
employees without prior agreement of the agent.
10.2. Any information relating to the company made available to the
agent by the company will not be used by the agent or disclosed to
any third party by the agent or any of its employees without prior
consent of the company.
11.
Security Deposit
The Company shall within 3 Months in the event that the security bond is not
applied be released to the agent upon signing of a discharge Voucher.
12.
Disclosure
Agents will treat all medical information as confidential. The agent will be
under a duty to disclose such information to the principal if he is aware that
such could affect the acceptance of any application for a policy.
13.
Licenses
The agent shall at all times maintain valid and current business licences and
shall at all times operate within the Laws and regulations governing the
industry. Conforming to the sales practices as outlined in the Insurance Act,
and regulations as modified or amended from time to time will be a
requirement.
14.
Record Keeping
14.1. An agent shall keep and maintain in connection with his business
such books, records, accounts, and other documents as required
under the Contract of Service.
14.2. Any cheques, securities, policies, receipts books or other records
being in possession of the Agent shall be kept securely locked in a
suitable safe.
15.
Principles
An agent shall exercise due care,skill, and diligence in his business dealings
and shall deal fairly with all clients and maintain the highest standards of
integrity and discipline.
16.
Arbitration
All
disputes,
differences
or
questions
that
may
arise
regarding
the
implementation or interpretation of the agents agreement or the terms thereof,
shall be referred to the decision of an arbitrator to be appointed in writing by
the parties. The Arbitration laws of Kenya shall govern the arbitrator and the
award of the arbitration.
17.
Waiver
The delay or failure by the Agent to exercise any of its rights in any one
instance will not preclude it from exercising its rights at that time or at any
other rime
18.
Amendment
Amendments on the Contract shall be done in writing signed by the parties.
19.
Notices
Any notice made by either party to the other under or in connection with this
agreement shall be in writing and may be delivered personally or sent by mail,
fax, or other written means of communication to the relevant parties’ office. All
written notices shall be deemed received by the other party as follows-
(a)
If delivered personally on the next working day
(b)
If sent by post within 7 days from the date of posting
20.
The Services
The Agent shall perform its services in consideration of the payment of the
compensation as agreed, and which are in line with the Law and upon the
terms and conditions of the agreement.

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