Debella - Terms and Conditions
- By providing the information called for on this website, the participating motor dealer shall be considered a Member of the Debella solution. As such, the Member shall be deemed to be bound by the conditions referred to herein.
- The Member has previously received short term insurance premiums on extended motor warranties and other short term insurance products that are payable to product suppliers and now wishes to comply with the requirements of Section 45 of the Short Term Insurance Act 53 of 1998 and the Regulations promulgated in terms thereof;
The use of the Debella web site and the services provided by Debella and Insure Group Managers Ltd are subject to the terms and conditions set out below.
- By accessing or using our Web sites, or by registering on any of our pages and applying for any services offered on these pages, you are deemed to have agreed to all of the following terms and conditions.
- You are advised to carefully and regularly review these terms and conditions as the terms and conditions as well as the information products and services on our Web site may change at any time and without notice.
- The Member hereby warrants that every person employed, authorised or mandated by the Member to sell any form of short term insurance policy to purchasers of vehicles as may be sold by the Member or who sells any form of short term insurance policy to any other person, is properly accredited and authorised as required by the Financial Advisory and Intermediary Services Act 37 of 2002.
- Debella, in its capacity as duly authorised VAT agent of the Insurer, shall be responsible in each instance the Member sells any extended motor warranty or other single premium short term insurance product, for invoicing the purchaser or the bank, finance house or other credit grantor who may provide financial assistance or credit to any purchaser of any vehicle sold by the Member where such sale includes the sale of the said short term insurance policy.
- All statutory commission payable in respect of the sale of policies for which Debella has issued an invoice shall accrue to and be paid to the Member: Provided however that the person who sold the short term insurance policy was at the time of the sale properly authorised and accredited as provided for in clause 4 hereof; provided however, that should the Member be a juristic representative of an authorised financial services provider, the Mandate in terms of which the Member is appointed as the juristic representative of the financial services provider, or any other agreement between the financial services provider and the Member, authorises the Member to receive payment of the commission.
- The Member shall ensure that the appropriate software and other communication systems are installed to enable the Member to issue an invoice on behalf of Debella to the relevant bank, finance house or credit grantor as the case may be, and shall ensure that all staff are properly trained in the use of such software systems and remain competent to use the systems at all relevant times.
- The Member shall provide all information required by Debella and shall indicate the person authorised to validate, confirm or change any of such information.
- Debella shall not be held responsible for any misallocation or errors in any remittance advice or errors in any payments made in consequence of incorrect information and/or details having been furnished to Debella by the Member.
- Debella shall ensure that all premiums payable in terms of the sale of any short term motor insurance policy sold by the Member or by any person employed or mandated by the Member to provide financial services on behalf of the Member, are collected by a properly accredited and authorised collection agency as required in terms of section 45 of the Short Term Insurance Act 53 of 1998. In this regard it is recorded that EPiC, a division of Insure Group Managers Ltd has been authorised to collect the premiums aforesaid.
- Debella shall be entitled to charge a fee of R100 plus VAT, or such other amount as may from time to time be agreed in respect of each transaction. This fee may be amended by Debella from time to time. Should any bank levy any additional charges for this facility, these charges will be added to the transaction fee described above.
- Debella shall maintain accurate records of all transactions and shall provide such summaries and reconciliations to the Member, to any bank, finance house or credit grantor as the case may be and to every product supplier concerned as may be agreed as being necessary in each instance.
- Debella shall make payments of all amounts as are, in terms of the instructions received from any Administrator concerned, due to the Member. Such payments will be made on a weekly basis or such longer period as the parties hereto may agree. Payment shall be done by the EPiC division of Insure Group Managers Ltd which payment shall be done by way of Electronic Funds Transfer to the bank account of the Member as provided by the Member as part of the Debella joining process.
- Debella shall provide a detailed VAT compliant bordereaux that will reflect the details relating to each payment to the Member reflecting the commission due to the Member for that month and shall pay the amount due to the Member by the last day of each week.
- The Member hereby grants Debella the authority to instruct EPiC, a division of Insure Group Managers Ltd, permission to deposit commissions as legislated, due in respect of all motor policies the premiums of which have been collected by EPiC, into the bank account the details of which have been provided by the Member and which details may not be changed except on written instructions from the authorised person appointed by the Member.
- Debella reserves the right in its sole discretion to change, modify, add or remove these terms and conditions in whole or in part and at any time.
- The Member accepts the risk of choosing electronic communication as the channel to be utilised by the parties. The Member authorises Debella and Insure Group Managers Ltd to act on the information that has been provided by the Member. The Member further agrees that all records will be stored electronically by Debella and Insure Group Managers Ltd and such electronic record will constitute conclusive proof of the contents of such record, unless the Member proves otherwise. Any email sent to the Member will be deemed received by the Member upon dispatch by Debella and/or Insure Group Managers Ltd.
Neither Debella nor IOM will sell, rent, or trade any Member's personal information with any third party. Debella will disclose information when required to do so:
- by any regulatory authority
- to comply with any regulation passed under the relevant legislation, or any legal process
to protect and defend Debella and/or Insure Group Managers Ltd 's rights and property (including intellectual property).
For the purposes of this clause, "confidential information" includes any information or knowledge acquired by the Debella in the course of or incidental to providing the services to the Member in terms of this agreement, whether such information originates from the Member or from other persons including any product supplier.
- Debella will not, directly or indirectly, disclose any confidential information relating to the affairs of the Member to anyone except those persons authorised to have access to such information, or use such confidential information, unless for a purpose authorised by the Member or by law.
- The obligation not to disclose or use confidential information contemplated in clause 19.1 will survive the termination of this agreement, but the prohibition on disclosure will not apply to confidential information which is already in the public domain, other than as a result of being divulged by the service provider.