INSURANCE PREMIUM FINANCE (IPF) TERMS AND CONDITIONS
THIS INSURANCE PREMIUM FINANCE AGREEMENT witnesseth as follows:
In consideration of Phoenix Financing & Business Consultancy (hereafter referred to as “PFBC”) paying the premium amount to the Insurer (as defined in the schedule hereto) on behalf of the Borrower being the amount payable by the Borrower to the Insurer under the policy (as defined in the schedule here to in respect to personal loans (hereafter referred to as “PFBC loans”):
The Borrower Hereby Covenants and Agrees:
To pay to PFBC, punctually the monthly instalments specified in the schedule contained in the confirmation letter and in the manner specified.
To pay to PFBC United States Dollars ,Thirty (USD.30) for any dishonored cheque in addition to the any other applicable costs that PFBC may incur thereon;
To pay to PFBC a penalty fee of 0.33% per day upon default on the outstanding amount due.
The total interest chargeable on the facility is calculated at a flat rate of 2% per month on the base of the principal loan amount plus capitalized fees (where applicable) subject to the applied loan term. In accordance with globally accepted International Financial Reporting Standards (IFRS), principal and interest repayments on the loan amortization schedule shall be calculated on the basis of an equivalent reducing balance interest rate of up to a maximum of 6.64% subject to the loan term, which shall form the basis of calculating the outstanding amount due in the event of a pre- payment.
Warrants that the policy is valid and shall remain valid throughout the course of the Borrower’s indebtedness with PFBC. The Borrower shall not cancel the policy without PFBC’s consent or do any act or commit any default thereby. The provisions of this sub-clause shall be without prejudice to PFBC’s rights set out hereunder.
To procure a valuation within fourteen (14) days of receiving a valuation request note from PFBC, failure of which PFBC shall downgrade the particular policy or cancel it absolutely.
Where the actual value of the personal loan is found to be lower than that previously issued by the Insurer, then the difference realized will be appropriated by PFBC to offset the loan amount payable.
It shall be the sole responsibility of the Borrower to ensure that the valuation of the vehicle is done timeously and that PFBC shall bear no liability on any eventuality resulting from the Borrower’s failure to fulfil this obligation.
In the event of any default under clause 10,PFBC may cancel the policy, and terminate this Agreement within fourteen (14) calendar days after issuance of notice to cancel the policy.
To service the loan and settle it fully.
Where a claim arises, before the Borrower has fully serviced the loan, the Borrower undertakes to service the loan and settle it fully.
The termination of this Agreement shall not absolve the Borrower from liability to the PFBC for any outstanding amounts due on the account.
That the outstanding balance on this loan shall be payable by the Borrower on demand, with a penalty fee of 0.33% per day on the outstanding installment accruing from the date of demand if the Borrower makes default.
PFBC shall be at liberty, upon making the formal demand to terminate the policy and to receive refundable premium (if any) from the Insurer. PFBC shall also be entitled to recover the outstanding balance (if any), interest and charges from the Borrower. A certificate/statement of PFBC as to the amount outstanding shall be binding and conclusive as against the Borrower.
Authorizes the insurer hereby to register PFBC’s right to terminate the policy as well make any refund on the premium amount to PFBC as the financier. The Borrower shall ensure that the insurer complies with the aforesaid authorization. This obligation shall subsist until PFBC confirms in writing that the loan has been redeemed in full.
Appoints PFBC to be his attorney and in his name and on his behalf to execute and do any assurances, acts and things which the Borrower ought to execute and do under the policy including without limitation the power to terminate the policy.
Authorizes PFBC to execute, conduct any assurances, terminate the policy, to give receipt and discharge amount or any part received by the Borrower upon termination or settlement paid under the policy on his behalf. The Borrower further agrees that any premium or part of premium refunded or any settlement paid to PFBC will first be applied towards repaying the loan and the balance [if any) thereafter released to the Borrower.
To execute in favour of PFBC a legal assignment or mortgage or cede the policy upon request by PFBC at the Borrower’s cost.
Confirms that no failure or delay by PFBC in exercising any right power or privilege under this Agreement shall operate as a waiver for the same nor shall any single or partial exercise of any right preclude any further exercise of the same or of any other right, power or privilege.
That the Borrower has the power to enter into this Agreement and that neither the execution nor performance of the Borrower’s obligations hereunder will result in any breach of any law.
Commits to provide information that PFBC will find necessary for the purposes of this agreement.
Agrees that it shall be the sole responsibility of the Borrower to undertake a policy transfer to himself/herself if need be and that PFBC shall bear no liability on any eventuality resulting from the borrower’s failure to fulfil this obligation.
At his/her own expense provide and maintain in safe and efficient operating order his/her mobile phone handset, computer, SIM Card and/or other equipment (“Equipment”) which when used together enables him/her to apply for the insurance premium finance facility (“Facility”) from PFBC and pay the specified monthly instalments.
Shall be responsible for ensuring the proper performance of the Equipment. PFBC shall neither be responsible for any errors or failures caused by any malfunction of the Equipment, and nor shall PFBC be responsible for any computer virus, malicious code, program or related problems that may be associated with the use of the Equipment. Any charges due to any digital wallets services provider, providing money transfer services for payment of the monthly installments shall be on his/her account.
a) Agrees that he/she shall be solely responsible for the safekeeping and proper use of the Equipment and for keeping his/her login credentials including PINs and passwords (“Credentials”) secret and secure. PFBC shall not be liable for any disclosure of the Credentials to any third party and the Borrower hereby agrees to indemnify and hold PFBC harmless from any losses resulting from any such disclosure.
b) Shall take all reasonable precautions to detect any unauthorized use of the Equipment and immediately inform PFBC in the event that:
i) he/she has reason to believe that the Credentials have been compromised; and/or
ii) he/she has reason to believe that unauthorized or fraudulent use of the Equipment or the Facility account has or may have occurred or could occur; and,
iii) he/she has reason to believe that fraud has or may have occurred or could occur.
c) The Borrower shall not at any time operate or use the Facility in any manner that may be prejudicial to PFBC.
Refund of Premiums and Claims:
In the event of a claim, the Borrower shall continue servicing the loan.
If the insurance cover is terminated, either by PFBC or the Borrower, PFBC will take possession of any refund of premiums either from the Insurer or the insurance broker (“Broker”) and apply such refund in the first instance in paying the balance of the loan then account for the surplus (if any) to the Borrower.
If the Borrower or the Broker acting on behalf of the borrower makes a claim in respect of the policy (ies) herein, then PFBC shall at any time before the loan has been repaid in full, take possession from the Insurer or of the proceeds for payment of the claim and apply it towards repayment of the balance of the loan together with any interest due and costs incurred and thereafter account to the Borrower in respect of any available surplus.
In the event of a total loss of the asset insured, PFBC shall receive the final settlement (discharge amount) and deduct any amounts due to PFBC including the full credit charge and/or late payment charges and thereafter account to the Borrower in respect of any available surplus.
The Borrower hereby authorizes the Broker to:
forward to PFBC the original policy(ies) herein held by it;
instruct the Insurer referred herein to cancel the said policy(ies) and to remit to PFBC any part of the premium(s) payable thereunder refunded by the Insurer.
inform PFBC of any claims pending under the said policy(ies), the progress and outcome of such claims and remit to it such portion of these claims as PFBC may require; and
inform PFBC of the intention to cancel or avoid the said policy(ies) and to remit to PFBC any part of the premium(s) payable by the Insurer.
The authorization to the Broker in terms of this clause is irrevocable and shall to apply until the Broker receives a notification from PFBC that all sums due to it in respect of the policy have been paid in full.
Disclosure
The Borrower agrees and consents that PFBC may:
disclose information in its possession relating to this Agreement to its authorized agents for purposes of managing the Borrower’s account;
disclose any information in possession of PFBC relating to this Agreement and the Borrower’s account to authorized third parties including but not limited to credit reference agencies pursuant to the laws of United States Of America
disclose any information relating to this Agreement including details of the Borrower to authorized third parties for the purpose of evaluating the applicant(s)’ creditworthiness or for any other lawful purpose;
obtain any information relating to the Borrower from any third party including licensed credit reference agencies for purposes of evaluating the Borrower’s application;
disclose any information in its possession relating to this application including account details of the Borrower to authorized parties or institutions under the laws of United States Of America in compliance with its obligations and;
use the Borrower’s personal data to market PFBC’s products.
Communication:
Any notice from PFBC shall be sent to the last postal or email address provided by the Borrower. Any written communication from PFBC to the Borrower shall be deemed to have been received if delivered personally to the Borrower or sent by post to the address provided by the Borrower and be deemed to have been received if it was properly stamped and addressed.
PFBC shall not be liable for:
i) damage resulting from losses, delays, or any other irregularities due to transmission of any communication whether to or from the Borrower, PFBC or any third party; and
ii) the failure receipt of communication by the Borrower or unauthorized exposure of such communication to third parties where the Borrower fails to provide accurate details of their email and or postal address.
Any communication transmitted electronically shall be deemed to have been received upon delivery.
Joint and Several Liability:
Where there is more than one Borrower, they shall be jointly and severally liable for the payment of all dues payable under this Agreement.
Validity of Documents:
The Borrower shall ensure that all documents submitted to PFBC are authentic and valid.
No Waiver:
No relaxations, delays or indulgence on the part of PFBC in exercise of any of its rights under this Agreement shall operate as a waiver of such rights.
Governing Law and Jurisdiction
This Agreement shall be governed and construed in accordance with the laws of United States Of America. Both Parties consent to the exclusive jurisdiction of the courts of USA.
Variation, Renewal and Termination of Relationship:
9.1 PFBC may upon notice to the Borrower and Insurer, terminate or vary its relationship with the Borrower and Insurer. PFBC may cancel advances which it has granted and require the repayment of outstanding debts resulting therefrom, upon issuance of a fourteen (14) days’ notice.
9.2 Upon the expiry of any insurance cover, while the borrower still has a loan obligation with PFBC, the Borrower shall within seven (7) days of such expiry deliver to PFBC the relevant renewal advice, failure of which PFBC shall renew such insurance through its insurance brokers at the Borrower’s cost and further credit the Borrower’s account with the amount paid by PFBC.