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Terms and Conditions

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0% found this document useful (0 votes)
67 views7 pages

Terms and Conditions

Uploaded by

swethasandy2720
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Terms & Conditions for Appointment as Insurance Agent of SBI Life

The Insurance Agent of the SBI LIFE INSURANCE COMPANY LTD, on his appointment as the Insurance Agent of
the Company, has to strictly adhere to the terms and conditions as laid down below and also as amended from
time to time by the Company.

The SBI LIFE INSURANCE COMPANY LTD, [hereinafter called as the Company], incorporated under the Companies
Act, 1956 for carrying on the business of life insurance and is desirous of obtaining the services of the agent for
the purpose of soliciting and procuring life insurance business for the Company and for performing such other
functions which are incidental to his acting as an Insurance agent and as may be entrusted to him by the
Company from time to time, has framed the following terms and conditions to be strictly followed by its
Insurance Agents.

The Agent, who holds a valid appointment letter to act as an Insurance Agent of the Company, has to strictly
follow the following terms and conditions:

1. Definitions:

The following words and expressions used in terms & conditions shall have the meaning assigned to them as
under and any words or expressions used herein but not defined shall have the meaning assigned to them in the
Insurance Act, 1938, the Insurance Regulatory and Development Authority Act, 1999 or the rules and regulations
made under those enactments.
a) “Act” means the Insurance Act, 1938;
b) “Unit Manager” means the employee of the Company under whose supervision and control the Agent is
for the time being placed;
c) “Agent” means the person appointed to act as an Insurance agent of the Company in terms of this
Agreement;
d) “Company” means the SBI Life Insurance Company Limited;
e) “IRDAI” means the Insurance Regulatory and Development Authority of India established under the IRDA
Act;
f) “IRDA Act” means the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999).
g) “Rules and Regulations” means the rules and regulations made under the Act and the IRDA Act and
include the orders, directives, circulars, guidelines and notifications issued by the IRDAI from time to time.
2. Appointment:
The appointment of Insurance Agents shall be subject to the review conducted by SBI Life Insurance Co. Ltd from
time to time, except for termination due to fraud or non-performance.
a) The terms and conditions shall govern the appointment of an Agent for the purposes of soliciting and
procuring life insurance business (“business”) for the Company in such areas as may be determined by
the Company and notified to the Agent and to perform such other functions as are incidental to his acting
as an Insurance Agent and as may be entrusted to him by the Company from time to time. The Agent has
to accept the said appointment and the terms and conditions governing such appointment and the agent
will be designated as “Insurance Agent”.
b) The Agent shall not solicit or procure business from person resident outside of the area notified to
him/her.
c) The appointment of the Agent in the area mentioned in clause 2(a) shall not preclude the Company from
appointing any other person or persons to act as insurance Agent or Corporate Agent of the Company in
such area; nor shall such appointment abridge or derogate from the obligations of the Agent under the
terms & conditions laid down here.
d) The Company may, at its sole discretion, decide on the Insurance products for which the Agent may solicit
and procure proposals and to change, add or discontinue any such product at any time.
e) Agency appointment may be refused to the applicant if he/she does not fulfil any of the conditions
prescribed for appointment of insurance agents.
f) An applicant aggrieved by the decision of refusal to grant agency appointment, may submit a review
application to VP – Channel Administration for review of the decision.

3. Obligations of the Agent:


During the tenure the Agent shall serve the Company as an Insurance Agent with all due and proper diligence,
act dutifully and in good faith, observe all instructions given by the Unit Manager or generally by the Company

Page 1 of 7
to all its Insurance Agents, as to his activities as an Insurance Agent of the Company, and use his best endeavours
in the discharge of his obligations under these terms and conditions.

a) Without prejudice to the generality of the foregoing and, in particular, the Agent shall fulfil such minimum
business requirements and persistency criteria as may be prescribed by the Company from time to time,
in the matter of procurement of new life insurance business, premium income, number of lives to be
assured, number of policies to be sold or in the matter of conversation and preservation of business or
in relation to policy- servicing. Agent’s appointment is liable for termination for not meeting the
requirements/criteria as may be defined and communicated by the Company from time to time.

b) In order to satisfactorily discharge his obligations under these terms and conditions, the Agent shall fully
familiarize himself with all the insurance products offered for sale by the Company including the rate of
premium charged for each such product, and the policies and practices followed by the Company in the
matter of customer service and conservation of business.

c) The Agent shall not allow or offer to allow, either directly or indirectly, as an inducement to any person
to take out or renew or continue an insurance policy, any rebate of the whole or part of the commission
payable to him or otherwise, except as may be allowed under the Rules and Regulations, of the premium
shown on the policy.

d) The Agent shall familiarize himself with all the statutory requirements as may relate to the discharge of
his obligations as an Insurance Agent and shall fully conform to, comply with and observe and follow such
requirements and in the event of his/her failure to do so, the Agent shall be personally liable for all
consequences thereto and shall also indemnify the Company in respect of any loss or injury caused to or
suffered by it as a result of such failure.

e) The Code of Conduct as prescribed by Clause VIII of the IRDAI Guidelines on Appointment of Insurance
Agents, 2015 dated March 16, 2015 and/or as amended from time to time, any statutory modification or
substitution thereof and any Code of Conduct as prescribed by the Company shall be deemed to have
been set out in and be part of these terms and conditions. The Agent shall scrupulously follow and comply
with the same. The Code of Conduct is incorporated in the letter of appointment issued to you by the
Company.

f) Without prejudice to the generality of the obligations under Clause 3 (e), and in particular the Agent shall
strictly observe, conform to and comply with the, requirements in relation to customer service, insurance
advertisements and on any matter relating to Insurance Agents as prescribed by the Rules & Regulations
for insurance agents, from time to time.

g) All communications and all information whether written, verbal or visual and all other material supplied
to or obtained by the Agent in the course of or as a result of the discharge of his obligations under these
terms and conditions and all information in relation to any particular assurance obtained by him as Agent
shall be treated by the Agent as confidential and shall not be disclosed by him to any third party without
prior written consent of the Company.

h) The Agent shall hold in trust for the company any application, report, form, security or other property
received by him in the course of his duties as the Agent of the Company and shall, dispatch, makeover to
the Company all such applications, reports, forms, securities or other properties within twenty-four hours
of such receipt excluding public holidays. The Agent shall not have the authority, either expressed or
implied to receive any payment except the premium towards proposal deposit from the public on behalf
of the Company. If, however, the agent receives any payment whatsoever, the same shall be remitted to
the company within 24 hours of its receipt. Under no circumstances, shall the payment made to the agent
be deemed to be a payment made to the Company.

i) The Agent shall attend all meetings, conventions, workshops or the like called for by the Company and
shall also observe, follow and comply with any directive or direction, issued by the Company generally in
relation to its insurance agents or with particular reference to the Agent.

j) The Agent shall keep true, full and correct records of all the transactions entered into by him as Agent of
the company, and if so required by the Company, furnish for its inspection (including making of copies
thereof) all or any such records, early.

Page 2 of 7
k) During the continuance of his Agency, the Agent will engage in activities as an Insurance Agent exclusively
of the Company and not of any other insurer carrying on life insurance business or in soliciting or selling
of even other than insurance products or products, which are similar to or identical to the insurance
products of the Company. The Agent also undertakes not to have any tie up with any other insurer as an
employee or director or promoter and not to hold any insurance activity related license or hold any
position with any Corporate Agent/ Broker/ TPA / Insurance Marketing Firm/ any other insurance
intermediary.

l) The Agent has no authority to and shall not take part in any dispute or institute or defend any proceedings
or settle or attempt to settle or make any admission concerning any dispute, proceeding or other claim
relating to the business or affairs of the Company except with the prior written permission of the
Company.

m) If so required by the Company, the Agent shall open and maintain a bank account in his own name (only)
to which the Company may credit the commission, remuneration or reward or any other amount due and
payable to the Agent. All the expenses for opening and maintaining the account shall be borne by the
Agent.

n) The Agent shall indemnify and keep indemnified the Company against loss or injury or costs or expenses
suffered or incurred by the Company in consequence of any act or omission of the Agent tantamounting
to a breach of these terms and conditions.

o) Nothing in these terms and conditions or otherwise shall entitle the Agent to make any representation
or warranties on behalf of the Company or to enter into any contract or agreement on behalf of the
Company or bind the Company in any manner whatsoever by his/her acts of commission or omission.

p) The Agent covenants with the Company that he is qualified to act as an Insurance Agent under law and
does not suffer any disqualification rendering invalid his appointment as Agent.
4. Remuneration:
As consideration for soliciting and procuring insurance business for the Company the Agent shall be paid by way
of commission / remuneration on such scale as may be notified by the Company from time to time subject to
IRDAI Regulations or Guidelines issued and/or the Company’s Board approved policy for ‘Appointment of
Insurance Agents’.

The commission / remuneration shall be payable to the Agent only for life insurance business procured by him
which results in policies issued by the Company and not in respect of any incomplete or invalid transaction or
proposal.

Subject to the Rules and Regulations, The Act and the IRDA Act, the Company shall have absolute freedom to
revise the scale of commission in respect of one or more of the insurance products offered for sale by the
Company, provided that the Agent shall be given notice of not less than 30 days of such revision through one or
more methods of communication generally employed by the Company for internal communication. The revised
rates shall be made applicable prospectively and shall not be applicable to policies issued in pursuance of
proposals already registered with the Company, unless otherwise, stipulated by the Act, the IRDA Act or Rules
and Regulations.

In the event of any change in the scale of commission, brought about by reason of
amendment/changes/issuance of the Rules and Regulations or the Act or the IRDA Act or the Company’s Board
approved policy for ‘Appointment of Insurance Agents’, the Company’s liability to pay commission to the Agent
in respect of any policies issued by it shall be limited to what is permissible under such law, rules, regulations,
order or directive.

The Agent shall not be entitled to any commission in respect of the sale of a policy effected through him which
is declared null and void by the Company for any reason or which has been cancelled for any reason whatsoever.

Payment of commission or remuneration or reward to Insurance Agents shall be made as per the Reward &
Recognition schemes designed and approved by the Company from time to time with an objective to
appropriately incentivize high performance. The above payments will be subject to limits prescribed as per
extant applicable Guidelines/Regulations issued by IRDAI from time to time.

Page 3 of 7
Where so ordered by a court of law or a statutory or other authority who is empowered by law to so order, the
Company may withhold or retain the commission or remuneration or reward or any other amount due and
payable to the Agent or to recover and remit to such court or statutory or other authority the amount so ordered
to be remitted.

All payments made to the Agent shall be subject to deduction of taxes as per the applicable tax laws.

The Company shall pay the standard renewal commission as prescribed in the product even in case of his agency
getting cancelled in accordance with the Company’s Board approved policy on ‘Appointment of Insurance
Agents’, provided the agent is eligible for such renewal commission as per the prevailing rules, regulations and
policies. However, the Company reserves the right to forfeit commission in certain cases like fraud, forgery,
misconduct, etc. on grounds of disciplinary action as approved by the disciplinary authority of the Company.

In case of unfortunate event of death of an Agent, hereditary commission will continue to be paid to the nominee
or heirs of the Agent for so long as such commission would have been payable had the Insurance Agent been
alive, in accordance with the Company’s Board approved policy on ‘Appointment of Insurance Agents’ subject
to the guidelines, rules and regulations of the IRDAI and the Company.

The Company reserves the right to recover any commission, remuneration or reward paid wrongly, or in excess
of what is due and payable to the Agent from any amount due and payable to the Agent.

Without prejudice to the generality of what is stated in the above clause, the Company shall have the absolute
right to recover or retain from any amount due and payable to the Agent, any commission, remuneration or
reward paid to him under one or more of the following situations:

a) Where any policy issued in pursuance of a proposal procured by the Agent is declared null and void by
the Company.
b) Where any cheque or other instrument tendered or any payment effected through the ECS or similar
mode of payment towards premium is dishonoured or as the case may be reversed or countermanded
for any reason;
c) Where a policyholder cancels a policy by exercising the “Free Look Option”. Explanation: For the
purpose of this clause “Free Look Option” shall mean the option referred to in regulation 10 of the
Insurance Regulatory and Development Authority (Protection of Policyholder’s Interest) Regulation
2017.
d) W here the Company has been directed to repay or refund any premium paid under a Policy on account
of any order, judgment or direction of any court, Tribunal, Consumer forum or Insurance Ombudsman
or where the Company is satisfied that such repayment or refund is in the best interest of the Company.
e) If any Policy issued in pursuance of a proposal proceed by the Agent is allowed to lapse within months
of its issue
f) Where on a complaint by a Policyholder, the Company or, as the case may be, a court, tribunal or other
authority empowered by law to adjudicate the complaint, holds that the Policyholder has been sold a
Policy not opted for by him or under a plan of insurance different from or on terms other than those
agreed to by him, resulting in the cancellation of the Policy, the Company shall be entitled to recover
from the commission, remuneration or reward or any other amount due and payable to the Agent, the
commission paid to him in respect of that Policy, besides withdrawing the credit of the business allotted
to the Agent for any other purpose in relation to the said Policy.
5. Suspension or Cancellation of Agency:
As per terms and conditions laid down here, Company holds the rights to suspend or cancel the appointment in
any of the following events: -
5.1 Suspension or cancellation of Appointment:
Appointment may be suspended or cancelled after due notice and after giving the Agent reasonable opportunity
of being heard: --
a) where the Agent does not hold a valid appointment letter;
b) where the appointment to act as an Insurance Agent issued to the agent is cancelled for any reason;
upon the death of the Agent;
c) where a petition to declare the Agent as an insolvent is presented to a court of competent Jurisdiction;
d) where on account of any change in law the operation of these terms and conditions has become
unlawful;
e) where the Company is convinced that the Agent is guilty of an act involving moral turpitude and that it
would reflect poorly on the fair name or the conduct of affairs or of business of the Company;

Page 4 of 7
f) where the Agent is convicted of an offence and sentenced to any term of imprisonment by a court of
competent jurisdiction.
g) Note: - The fact that the Agent has preferred an appeal against such conviction or sentence shall not
derogate from the operation of this provision during the pendency of such appeal. Further that the
Agent has been acquitted in any proceeding or in any appeal initiated against him on a compliant made
to or by the Company shall not entitle him to claim any compensation or damages against the Company
h) violates the provisions of the Insurance Act,1938, Insurance Regulatory and Development Authority
Act, 1999 or rules or regulations, made there under as amended from time to time;
i) attracts any of the disqualifications mentioned in Guidelines/Regulations issued by IRDAI from time to
time.
j) fails to comply with the code of conduct stipulated in the Company’s Policy for Appointment of
Insurance Agents and notified from time to time.
k) violates terms of appointment.
l) fails to furnish any information relating to his/her activities as an agent as required by the Company or
the Authority;
m) fails to comply with the directions issued by the Authority;
n) furnishes wrong or false information; or conceal or fail to disclose material facts in the application
submitted for appointment of Agent or during the period of its validity.
o) does not submit periodical returns as required by the Company/Authority;
p) does not co-operate with any inspection or enquiry conducted by the Authority;
q) fails to resolve the complaints of the policyholders or fails to give a satisfactory reply to the Authority
in this behalf;
r) On failure to perform any other duties or obligation lawfully required of him or under these terms and
conditions generally as an insurance agent of the Company,
s) Where there is allegation of fraud, dishonesty or misdemeanour against the agent by any policy holder
of the Company or an officer or employees of the Company.
t) Further the Company shall also have the right to suspend/cancel the agency if the Company feels that
the continuation of the agency may be against the public interest Where the suspension / cancellation
of the appointment of the Agent is being contemplated or is in process, or pending enquiry into the
allegations of fraud, misappropriations etc against the Agent, the Company may, by notice in writing,
direct the Agent not to procure business or to perform his functions as the Agent of the Company for
such period as may be specified. Any breach by the Agent of any such direction shall, besides disentitling
the Agent to any remuneration for any business brought in by him during the period of operation of
prohibition or for any other benefit pertaining to such business, also be construed as a breach of this
terms and conditions. W here, however, the Company does not initiate or proceed with the
termination, the Agent shall not be entitled to any compensation or damages on the ground of loss of
business or of profit or on any other ground whatsoever in respect of any such direction as is referred
to above against the Company.
5.2 Manner of holding enquiry before/after suspension of appointment of the Insurance
Agent:
a) The appointment of an Insurance Agent shall be cancelled only after an enquiry has been conducted in
accordance with the procedure
b) specified by Guidelines/Regulations issued by IRDAI from time to time.
c) For the purpose of holding an enquiry, the Company may appoint an Officer as an Enquiry Officer within
15 days of the issue of the suspension order;
d) The Enquiry Officer shall issue a show cause notice to the Insurance Agent at the registered address of
the insurance agent calling for all information / data as deemed necessary to conduct the enquiry and
grant the insurance agent a time of 21 days from date of receipt of the show cause notice, for
submission of his/her reply and such information / data called for;
e) The insurance Agent may, within 21 days from the date of receipt of such notice, furnish to the enquiry
officer a reply to the Show cause notice together with copies of documentary or other evidence relied
on by him or sought by the Enquiry Officer;
f) The Enquiry Officer shall give a reasonable opportunity of hearing to the insurance agent to enable him
to make submissions in support of his/her reply;
g) The Insurance Agent may either appear in person or through any person duly authorised by him to
present his case, provided however that the prior approval of the Company is obtained for the
appearance of the ‘Authorised Person’;
h) If it is considered necessary, the Enquiry Officer may require the Company to present its case through
one of its officers;
i) If it is considered necessary, the Enquiry Officer may call for feedback/information from any other
related entity during the course of enquiry;

Page 5 of 7
j) If it is considered necessary, the Enquiry Officer may call for additional papers from the Insurance Agent;
k) The Enquiry Officer shall make all necessary efforts to complete the proceeding at the earliest but in no
case beyond 45 days of the commencement of the enquiry
l) Provided that in case the enquiry cannot be completed within the prescribed time limit of 45 days as
mentioned in (10) above; the enquiry officer may seek additional time from the Company stating the
reason thereof;
m) The Enquiry Officer shall, after taking into account all relevant facts and submissions made by the
Insurance Agent, shall furnish a report making his/her recommendations to the Designated Official. The
Designated Official shall pass a final order in writing with reasons. The order of designated official shall
be signed and dated and communicated to the agent.
5.3 Procedure for Cancellation of Agency:
On the issue of the final order for cancellation of agency of the Insurance Agent, the agent shall cease to act as
an Insurance Agent from the
date of the final order. Registration of new business by the suspended/cancelled agent will be stopped.
5.4 Effect of suspension/cancellation of Agency appointment:
On and from the date of suspension or cancellation of the agency, the Insurance Agent, shall cease to act as an
Insurance Agent.
a) The Appointment letter and Identity card has to be submitted to the Company by the agent whose
appointment has been cancelled by the Company within 7 days of issuance of final order effecting
cancellation of appointment.
b) The Company shall black list the agent and enter the details of the agent whose appointment is
suspended/cancelled into the black listed agents’ database maintained by the Authority and the
centralized list of agents’ database maintained by the Authority, in online mode, immediately after
issuance of the order effecting suspension/cancellation. Further, the Company also reserves the right
to display the order of suspension/cancelation of appointment of Insurance Agent on its Website.
c) In case a suspension is revoked in respect of any agent on conclusion of disciplinary action by way of
issuance of a speaking order by Designated Official, the details of such agent shall be removed from list
of black listed Agents as soon as the Speaking Order revoking his/her suspension is issued.
d) The Company shall also inform other insurers, Life or General or Health Insurer or mono line insurer
with whom he/she is acting as an agent, of the action taken against the Agent for their records and
necessary action.
5.5 Appeal Provision:
On the issue of the final order for cancellation of agency of the Insurance Agent, the agent shall cease to act as
an Insurance Agent from the date of the final order. Registration of new business by the suspended/cancelled
agent will be stopped.
5.6 Procedure to be followed in respect of resignation/surrender of appointment by an
Insurance Agent:
a) In case an insurance agent appointed by the Company wishes to surrender his agency with the
Company, he/she shall surrender his appointment letter and identity card to the designated official of
the Company.
b) The Company shall issue the cessation certificate as detailed in Form 1-C within a period of 15 days
from the date of resignation or surrender of appointment.
c) An agent who has surrendered his appointment may seek fresh appointment with other insurer. In such
a case, the agent has to furnish to the new insurer all the details of his/her previous agency and produce
Cessation Certificate issued by the previous insurer issued in Form I-C, along with his agency application
form.
d) Upon the cancellation of the Agency as per terms and conditions, the Agent shall not for a period of
ninety days thereafter solicit or procure, directly or indirectly, any life insurance business for any other
life insurance company or be engaged, in any manner, in any competing activity against the Company.

Upon the cancellation of the Agency as per the terms and conditions, the Agent shall forthwith return to the
Company all materials (including printed materials) and stores belonging to the Company which are in his
possession or custody. On the neglect or failure of the Agent to do so, the Company shall be entitled, without
being accused of trespass, to enter any premises occupied by the Agent for the purpose of recovering such
materials and stores.

Upon the cancellation of the Agency as per terms and conditions, the Agent shall not in any manner represent
himself as the Agent of the Company.

Page 6 of 7
Upon the cancellation of the Agency as per terms and conditions, the Company shall be at liberty to publish
notices of such cancellation in any newspaper or other publications or to communicate the same together with
the grounds for such cancellation to the policyholders, other offices and Agents of the Company or to any other
insurance Company or to the general public and of the fact that the Agent is not empowered to act for or on
behalf of the Company or bind or represent the Company in any manner whatsoever.

6. Agent not an employee:


Nothing in this terms and conditions shall imply or be construed to constitute the relationship between the
Company and the Agent as anything other than that of an insurer and Insurance Agent.
It shall not be open to the Agent to raise any claim of being an employee of the Company or for preference in
the matter of recruitment to the service of the Company.
7. MISCELLANEOUS:
As per these terms and conditions, unless the context requires, words importing the singular shall include the
plural and vice-versa and words importing a gender shall include every gender and reference to persons shall
include bodies incorporate and unincorporated. These terms and conditions shall be operative from the date of
appointment of the agent and binding on them.

No waiver, alteration, variation or addition to this laid terms and conditions shall be effective unless made in
writing on or after the date of appointment and / or otherwise accepted by the Agent and the authorized
representative of the Company.

The Company shall have a first lien upon all sums payable to the Agent in respect of any indebtedness of the
Agent to the Company. The Company is entitled to set off, adjust or otherwise recover from the moneys due
and payable to the Agent all such sums as are due to the Company, on account of such indebtedness of the
Agent, including any indebtedness arising out of breach of any covenants as per terms and conditions on
appointment of Agent.

The interpretation, construction and effect of any of the provisions of these terms and conditions on
appointment of Agent laid down by the Company and amended time to time shall be final and binding on the
Agent.

All notices, documents, consents, approvals or other communications (“Notice”) to be given hereunder shall be
in writing and shall be transmitted by registered post or by facsimile or other electronic means in a form
generating a record copy to the party being served at the relevant address for that party.

Notice sent by mail shall be deemed to have been duly served not later than four working days after the date of
posting. Any Notice sent by facsimile or other electronic means shall be deemed to have been duly served at the
time of transmission (if transmitted during normal business hours at the location of the recipient and if not so
transmitted then at the start of normal business hours on the next day which is a business day for the company).

If any term or provision in these terms and conditions on appointment of Agent shall be held to be illegal or
unenforceable, in whole or in part, under any enactment or rule or law, such term or provision or part shall to
that extent be deemed not to form part of these terms and conditions but the validity and enforceability of the
remainder of these terms and conditions shall not be affected.
The waiver or forbearance or failure of the Company in any one or more instances upon the performance of any
provisions of these terms and conditions on appointment of agent shall not be construed as a waiver or
relinquishment of the Company’s rights and the Agent’s obligations in respect of due performance of obligations
shall continue in full force and effect.

The Agency shall be governed by all the related regulations, Acts and Statutes besides these terms and
conditions. These terms and conditions shall not substitute any of the statutory provisions but they are in
addition to the statutory provisions governing the appointment of Insurance Agents.

Page 7 of 7

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