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Templates for Sunrise Exchange Terms and Conditions

You have selected to access the Sunrise module called Templates for Sunrise Exchange ("Sunrise Templates" ) on behalf of an insurance intermediary ("Customer").

Subject to payment of the applicable fees, EbixExchange Australia Pty Ltd ("EbixExchange") is willing to allow the Customer to access Sunrise Templates, on the terms set out in:

  • the existing contract between EbixExchange and the Customer for Sunrise Services; and
  • the Sunrise Terms and Conditions set out below ("Terms and Conditions").

Sunrise Templates will only be made available to the Customer on the condition that you have read and accept all the Terms and Conditions, and accept them for and on behalf of the Customer.

Sunrise Templates TERMS AND CONDITIONS

RECITALS

  1. "Sunrise Templates" is a Sunrise module that is made available by EbixExchange Australia Pty Ltd ("EbixExchange") as a component of Sunrise . Sunrise Templates allows a customer to subscribe to a standard template for reformatting insurer text in respect of an insurer product ("Template") and to receive insurer text that is reformatted in accordance with that Template.
  2. The insurance intermediary identified during the ordering process, and specified in the invoice issued by EbixExchange, as the customer ("CUSTOMER") seeks to subscribe to each Template selected for the CUSTOMER during the ordering process.
  3. EbixExchange and the CUSTOMER have entered into a contract for Sunrise Services ("Agreement").
  4. Subject to payment of the applicable fees, EbixExchange will provide the CUSTOMER with access to the selected Templates, on the terms set out in the Agreement and these Sunrise Templates Terms and Conditions ("Terms and Conditions").
  5. By payment of the upfront fee specified in the invoice issued to the CUSTOMER by EbixExchange ("Upfront Fee"), the CUSTOMER will be deemed:
    1. to have accepted, and agreed to be bound by, the Terms and Conditions; and
    2. to have agreed to subscribe to the selected Templates, on the terms set out in the Agreement and the Terms and Conditions.

OPERATIVE PROVISIONS

  1. Licence
    1. Subject to the CUSTOMER's compliance with the terms of the Agreement, and the Terms and Conditions, EbixExchange grants to the CUSTOMER a non-transferable, non-exclusive licence to:
      1. access the Templates subscribed to and paid for by the CUSTOMER; and
      2. use insurer text that is reformatted in accordance with that Template and made available to the CUSTOMER by EbixExchange,

         for the purpose of generating broker tax invoices that the CUSTOMER may issue to its own customers ("Licence").
    2. The Licence is granted personally to the CUSTOMER, and not to any related body corporate of the CUSTOMER or other entity.
  2. Term of Licence
    1. The term of the Licence commences on the date that EbixExchange receives payment of the Upfront Fee and ends on expiry or termination of the Agreement.
  3. Fees
    1. The CUSTOMER will pay the Upfront Fee to EbixExchange within 30 days of receipt of the invoice issued by EbixExchange to the CUSTOMER for that Upfront Fee.
  4. EbixExchange? Obligations
    1. EbixExchange will enable the CUSTOMER to access the Templates promptly after receipt of the Upfront Fee.
    2. During the term of the Licence, for each Template subscribed to and paid for by the CUSTOMER, EbixExchange will:
      1. reformat insurer text that it receives from the insurer for the relevant insurer product, in accordance with the Template;
      2. provide the reformatted insurer text to the CUSTOMER for the CUSTOMER to use in broker tax invoices that it issues to its own customers; and
      3. supply maintenance and support services to the CUSTOMER in relation to the Template.
  5. CUSTOMER's obligations
    1. The CUSTOMER acknowledges that:
      1. there is a PDF version of the insurer's schedule available for download from Sunrise and this remains the definitive version of the insurer schedule ("Approved Schedule");
      2. a Template does not replace the Approved Schedule;
      3. a Template merely provides an ability to format the insurer text that appears in the CUSTOMER's broker tax invoice in accordance with the Template;
      4. EbixExchange is not liable for any errors or omissions in relation to a Template; and
      5. EbixExchange may update and amend the Templates from time to time in order to meet an insurer's requirements, or if EbixExchange considers that the update or amendment is necessary due to market demand.
    2. If the CUSTOMER is an authorised representative of an insurer or operating under a binder, and the CUSTOMER does not provide a copy of the Approved Schedule to its own customer together with the reformatted insurer text, then the CUSTOMER warrants that it has received sign off on the use of the relevant Template from the insurer. If the CUSTOMER has not received such sign off, the CUSTOMER indemnifies EbixExchange against all losses, damages, costs and claims suffered by EbixExchange in connection with the CUSTOMER's failure to obtain the insurer's sign off.
  6. General
    1. The indemnity in clause 5.2 survives termination or expiry of the Agreement for any reason.
    2. If there is an inconsistency between the provisions of the Agreement and the Terms and Conditions, the provisions of the Terms and Conditions govern to the extent of the inconsistency.
Last modified on Tuesday, 28 August 2012 09:09
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