Financial Institutions Combined
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Financial Institutions Combined Mid Term Adjustment Schedule This schedule must be read in conjunction with the Policy Wording. Policy Number SPL/SLFG/000008241 Type of Document Renewal Policy Insured Amada Investment Management (Pty) Ltd Insured Vat Number N/A Company Registration 2014/166148/07 Number Insured Business Description Investment management in money market segregated portfolios Argentum Building Suite 2-1, 66 Glenwood Road, Insured Postal Address Lynnwood Glen Menlo Park, South Africa, 0081 Intermediary AON Risk Services - Parklands PO Box 1874, Broker Code: AONPARK01B South Africa, FSP Number: 20555 2121 VAT Number: 4320101498 Insurer The Hollard Insurance Company Limited 22 Oxford Road, (Reg No 1952/003004/06) Parktown, A Licensed Financial Service Provider Johannesburg, (FAIS license No 17698) Gauteng, 2000 Tel: (011) 351-5000 Email: liabs@itoo.co.za Period of Insurance From: 01 September 2018 To : 31 August 2019 (both dates inclusive) Anniversary/Renewal Date 01 September 2019 Type of Contract Annual Effective Date 01 September 2018 Payment Frequency Once Off Once Off Premium R 46 000 (VAT Inclusive) Annual Premium R 46 000 (VAT Inclusive) In terms of ruling issued by SARS, this document together with proof of payment of premium constitutes an alternative to a tax invoice, debit note or credit note as contemplated in sections 20(7) and 21(5) of the VAT Act respectively. Insured amounts are exclusive of VAT at 15%. VAT Registration number: 4450117405. Deductibles have no VAT consequence and are not subject to VAT when recovered by an insurer from an insured. 7230 Email: liabs@itoo.co.za Policy number: SPL/SLFG/000008241 Page 2
Banking Details THIC-ITOO Special Risks - Premium Account Nedbank Reference Number: Type: Current Account No: 1133 731619 Branch Code: 198765 Swift Code: NEDZAJJ All Premiums and Fees are VAT Inclusive; the total payment due for this transaction includes Broker Commission of 15% Financial Institutions Combined Policy Schedule Risk Details Shared Limit of Indemnity R 5 000 000 Basis of Limit Aggregate Bankers Blanket Bond Retroactive Date Computer Crime Retroactive Date 10 March 2015 Financial Institutions Professional Indemnity Retroactive Date Policy Details Section Name Deductible Basis of Deductible Section A: Bankers Blanket Bond R 500 000 Each and Every Claim Section B: Computer Crime R 500 000 Each and Every Claim Section C: Financial Institutions R 500 000 Each and Every Claim Professional Indemnity ● Bankers Blanket Bond Wording Policy Wording ● Third Party Electronic and Computer Crime Wording ● Financial Institutions Professional Indemnity 1. Premiums are VAT Inclusive 2. Limits are VAT Exclusive Standard Policy Conditions 3. Currency of premiums and limits are in ZAR 4. Deductibles have no VAT consequence 5. Intermediary Commission: 15% included in quoted premium 7230 Email: liabs@itoo.co.za Policy number: SPL/SLFG/000008241 Page 3
Bankers Blanket Bond ● Aggregate Limit Endorsement ● War and Terrorism Exclusion ● Tie-in-Limits Endorsement ● Claims Preparation Costs included in the Indemnity Limit - deductible R 50 000 ● Auditors' Fees included in the Indemnity Limit - deductible R 50 000 ● Cost of Reinstating Data included in the Indemnity Limit - deductible R 50 000 ● Retroactive Date: Retroactive Date per Inception, please provide proof, failing which retro = inception ● Worldwide, excluding USA / Canada Financial Institutions Professional Indemnity ● Money Laundering Exclusion ● War and Terrorism Exclusion ● Tie-in-Limits Endorsement Terms and Conditions ● Mechanical Breakdown Exclusion (Technology Failure Exclusion) ● Worldwide excluding USA / Canada ● Retroactive Date: Retroactive Date per Inception, please provide proof, failing which retro = inception ● FIPI 87 Extensions Third Party, Electronic and Computer Crime ● War and Terrorism Exclusion ● Tie-in-Limits Endorsement ● Claims Preparation Costs included in the Indemnity Limit, deductible R 50 000 ● Auditors' Fees included in the Indemnity Limit - deductible R 50 000 ● Cost of Reinstating Data included in the Indemnity Limit - deductible R 50 000 ● Retroactive Date: Retroactive Date per Inception, please provide proof, failing which retro = inception ● Worldwide excluding USA / Canada 7230 Email: liabs@itoo.co.za Policy number: SPL/SLFG/000008241 Page 4
Endorsements / Extensions / Exclusions Business Identity Theft Endorsement In consideration of the premium and notwithstanding anything to the contrary contained in the policy, it is hereby agreed and noted that in the event that an identity theft incident occurs iTOO will indemnify the insured up to a maximum limit of R 500 000.00 towards costs to rectify the incident, utilizing iTOO Business Identity Theft support risk staff contactable on 080 SUPPORT (7877678) from Monday to Friday 08h00 to 16h30. Identity Theft is defined as: Any incident whereby the Insured Companys identifying data has been utilized to impersonate the business in order to further an identity thiefs intents. Process If an identity theft incident takes place, you must call the iTOO SUPPORT LINE ON 080 SUPPORT in order for a consultant to be appointed. Once a consultant is appointed, a case will need to be opened at the local police station with the assistance of the support risk staff. You will then be required to provide all necessary documentation and assistance within 30 days of contacting the Support Helpline. Identity Theft restitution cover is only available if you lodge your claim through the above process. Exclusions a) Expenses not approved by iTOO. b) iTOO will not make payments directly to customers or service providers. c) Expenses related to High Court and/or High Court of Appeal action. d) Losses caused by the theft of pin codes, log in details, phishing scams and account numbers. e) Losses that a customer suffers as a result of ATM or credit card fraud. f) Consequential Losses suffered as a result of the Identity Theft. g) Individuals; including Directors, Officers and Staff. Nothing in this endorsement shall be construed to increase the insurers limit of liability set forth in the declarations page of such other iTOO Policy. For further information please visit the Identity Theft web site: www.identityguard.co.za Legal Assist Endorsement In consideration of the premium charged and paid and notwithstanding anything to the contrary contained in the policy, it is hereby agreed and noted that as a iTOO Specialist and General Liability policy holder, we will pay on behalf of the Insured various legal services relating to the Insureds business activities. Such services are obtainable by contacting the iTOO Legal Assist line on 0861 102 033; 24 hours a day, 7 days a week. What You Get Each policy holder has access to the following as per policy period: a) An unlimited 24/7 facility for telephonic advice and assistance; The following will also be made available if deemed necessary: a) A face to face Consultation with a qualified attorney; b) Up to three letters, matter and complexity dependent; and c) A follow up consultation. Exclusions a) Any claim, circumstance or notification related matter/s that may or may not be covered under this policy; b) Any advice on how to bring a claim under this policy; c) Any matters pertaining to any claims repudiated by the iTOO Special Risks (Pty) Ltd; d) Matters where the policy holders business does not have an economical or legitimate interest; e) Any matters related to Family law; f) Any Criminal Matters; g) Credit Control or Debt Collection; h) Issuing and service of a summons and/ or response; and i) Any disputes between the policy holder and iTOO. j) Any matter in which iTOO believes the policyholder has been dishonest or unethical. 7230 Email: liabs@itoo.co.za Policy number: SPL/SLFG/000008241 Page 5
Nothing in this endorsement shall be construed to increase the insurers limit of liability set forth in the declarations page of such other iTOO Policy. Sanctions Exclusion It is hereby noted and agreed that neither Hollard Insurance Company Limited (the insurer), nor any of its Reinsurers shall be deemed to provide cover and no (Re) Insurer shall be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose Hollard Insurance Company Limited and/or its Reinsurers to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America. Asbestos Exclusion It is hereby understood and agreed that notwithstanding anything herein to the contrary the Insurer shall not afford any indemnity in respect of any Claim or for any loss, costs or expenses arising out of, resulting from, in consequence of or in any way involving asbestos or any materials containing asbestos in any form or quantity. North American Exclusion It is hereby understood and agreed that the insurer shall not be liable to make any payment for loss in connection with any claim made against the insured where legal action or litigation is brought in a court of law constituted in the United States of America or Canada or arising out of the activities of the company in the United States of America or Canada. Nuclear Exclusion Nuclear Risks Loss or destruction of, or damage to, property whatsoever or any loss or expense whatsoever resulting or arising there from or any consequential loss. Any legal liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from ● ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. ● the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof. Terrorism and War Exclusion It is hereby understood and agreed that this policy does not cover any loss in connection with any claim made against the insured arising out of, in whole or in part, directly or indirectly or resulting from or by: 1.war, any act of war, civil war, invasion, insurrection, revolution, use of military power or usurpation of government of military power; or 2.the intentional use of military force to intercept, prevent, or mitigate any know or suspected terrorist act; or 3.any terrorist acts. It is further agreed that the terms war and terrorist acts are respectively defined as follows: a)War shall mean war, whether declared or not, or any warlike activities including use of military force by any sovereign nation to achieve economic, geographic, nationalistic, political, racial, religious or other ends; b)Terrorist act(s) shall mean any actual or threatened use of force or violence directed at or causing damage, injury, harm or disruption, or commission of an act of force or violence dangerous to human life or property, against any individual, property or government, with the stated or unstated objective of pursuing economic, ethnic, nationalistic, political, racial or religious interests, whether such interests are declared or not. Thefts or other criminal acts, primarily committed for personal gain and acts arising primarily from prior personal relationships between perpetrator(s) and victim(s) shall not be considered terrorist acts. A terrorist act shall also include any act which is verified or recognised by the South African Government, or the Government of the country in which the claim is made against the insured, as an act of terrorism. 7230 Email: liabs@itoo.co.za Policy number: SPL/SLFG/000008241 Page 6
Tie-in of Limits In consideration of the premium charged, it is hereby understood and agreed that the combined Limit of Liability of the Insurer for all Claims both under this policys Limit of Liability, as set forth in the policy schedule, and also under policy numbers Electronic and Computer Crime and Financial Institutions Professional Indemnity issued to (or any policy which replaces such policy or succeeds it in time) (Other Hollard Policy), shall be Accordingly, the Limit of Liability for Loss under this policy shall be reduced by Loss incurred under the Other Hollard Policy because the Limit of Liability under the Other Hollard Policy is now part of and not in addition to the Limit of Liability of this policy as set forth in Item 5 of the policy schedule. Finally, nothing in this endorsement shall be construed to increase the Insurers Limit of Liability set forth in the Declarations page of such Other Hollard Policy which shall remain the maximum liability of the Insurer for all claims under such policy, or the Insurers Limit of Liability under this policy as set forth in the schedule of this policy which shall remain the maximum liability of the Insurer for all Claims under this policy. FIPI ' 87 Extensions - applies to FIPI Breach of Trust, Breach of Fiduciary Duty, Breach of Professional Duty and Misrepresentation Extension Sub-paragraph (iii) of the insuring clause shall be deleted and replaced by the following: (iii) -Be for financial loss caused by a negligent act, negligent error or negligent omission on the part of an officer or employee of the insured; or -Be for financial loss caused by a breach of trust on the part of an officer or employee of the insured; or -Be for financial loss caused by a breach of fiduciary duty on the part of an officer or employee of the insured; or -Be for financial loss based by a breach of professional duty on the part of an officer or employee of the insured; or -Be for financial loss caused by misrepresentation on the part of an officer or employee of the insured; and Sub-paragraph (vi) of the insuring clause shall be deleted and replaced by the following: (vi) relate to other than to a negligent act, negligent error or negligent omission or breach of trust or breach of fiduciary duty or breach of professional duty or misrepresentation which was or may have been or is alleged to have been committed or omitted (as the case may be) before the retroactive date specified in item 3 of the policy schedule. The final paragraph of condition shall be deleted and replaced by the following: if a series of third party claims shall result from any single negligent act, negligent error or negligent omission or breach of trust or breach of fiduciary duty or breach of professional duty or misrepresentation (or related series of negligent acts, negligent errors or negligent omissions or breaches of professional duty or misrepresentation), then, irrespective of the total number of claims, all such third party claims shall be considered to be a single third party claim for the purpose of the application of the deductible stated in item 6 of the policy schedule. Condition 11 (b) shall be deleted and replaced by the following: (b) merger, purchase or acquisition In the event that the insured shall merge with or purchase or otherwise acquire all or any of the undertaking, assets or liabilities of another business this policy shall not afford any coverage of any kind for any third party claim which involved any act, error or omission, or breach of trust, or breach of fiduciary duty or breach of professional duty or misrepresentation which arises or occurs directly or indirectly out of or in relation to all and any of such undertaking assets or liabilities or their acquisition unless: As a result of merger or purchase or acquisition by any means of all or any of the undertaking, assets or liabilities of another business, that business: 7230 Email: liabs@itoo.co.za Policy number: SPL/SLFG/000008241 Page 7
-Has less than 2.5% of the insureds issued share capital, and -Less than 100 employees, and -The claims record is clean in excess of R100,000 each claim for the last 5 years, and -There is no material deviation from the insureds business as stated in the proposal form, or -The insured shall have obtained the underwriters agreement in writing to the extension of cover under the policy in relation to the same and then only upon such terms as may be stipulated by underwriters after full disclosure of all material facts by the insured. In consideration of the foregoing the premium, as shown in item 4 of the schedule, has been amended accordingly. 2. DEFAMATION (INCLUDING INJURIOUS FALSEHOOD) EXTENSION For the purpose of this Extension only the following amendment applies: The terms negligent act, negligent error or negligent omission is deemed to include defamation (including injurious falsehood). 3. DISHONESTY EXTENSION 3.1 For the purpose of this Extension only the following amendment applies: The terms negligent act, negligent error or negligent omission is deemed to include any dishonest or fraudulent act or omission. 3.2 The following Specific Definition shall apply: The reference to "a dishonest or fraudulent act or omission" shall mean an act or omission on the part of any officer or employee of the Insured which was committed with the manifest intent to cause a third party to whom the Insured may be held legally liable, to sustain a loss." 3.3 Specific Exclusion 2 shall be deleted in its entirety *We trust you find the above in order. Should you have any additional requests and/or questions, please contact ITOO * 7230 Email: liabs@itoo.co.za Policy number: SPL/SLFG/000008241 Page 8
DISCLOSURE NOTICE TO SHORT-TERM INSURANCE POLICYHOLDERS IMPORTANT PLEASE READ CAREFULLY (This notice does not form part of the insurance contract or any other document) PARTICULARS OF UNDERWRITING MANAGER Business Name ITOO Special Risks (Pty) Ltd FSP Number 47230 Physical Address 22 Oxford Road, Parktown, Johannesburg, 2193 Postal Address PO Box 87419, Houghton, 2041 Telephone Number +27 (11) 351 5000 Fax Number +27 (11) 351 8015 Email Address info@itoo.co.za Website www.itoo.co.za Compliance Officer Name of Company Associated Compliance Telephone Number 011 678 2533 ITOO IS AUTHORISED TO PROVIDE FINANCIAL SERVICES IN RESPECT OF SHORT-TERM LIABILITY, FINANCIAL CRIME, DRONE COVER License Number 47230 ITOO HAS THE FOLLOWING INSURANCE IN PLACE WHICH PROVIDES PROTECTION TO CLIENTS ITOO has Fidelity Insurance underwritten by AIG South Africa Limited and Professional Indemnity Insurance underwritten by The Hollard Insurance Company Limited. No IGF is in place as ITOO does not collect any premiums. SHOULD YOU HAVE A CLAIM AGAINST YOUR POLICY, PLEASE NOTE THE FOLLOWING: (a) Procedures for the submission of claims are detailed in the policy wording. YOUR INSURER Name The Hollard Insurance Company Limited FSP Number 17698 Physical Address 22 Oxford Road, Parktown, Johannesburg, 2193 Postal Address PO Box 87419, Houghton, 2041 Telephone Number 011 351 5000 Fax Number 011 351 0691 Website www.hollard.co.za 7230 Email: liabs@itoo.co.za Policy number: SPL/SLFG/000008241 Page 9
Compliance 011 351 5000 Department COMPLAINTS If you would like to lodge a formal complaint with ITOO, please write to: ITOO SPECIAL RISKS Pty Ltd Complaints Officer/Responsible Manager Email: warwickg@itoo.co.za Website: www.itoo.co.za If you would like to lodge a formal complaint regarding your insurer or the underwriting manager, please write to: The Hollard Insurance Company Hollard Broker Markets Complaints Email: HBMcomplaints@hollard.co.za Website: www.hollard.co.za If you get no response or you are dissatisfied with the outcome of your complaint, you may approach the FAIS Ombud or Short-term Ombudsman, details of which appear below. THE OMBUDSMAN FOR SHORT-TERM INSURANCE THE FAIS OMBUD Physical Address Physical Address Sussex Office Park Sunnyside Office Park Ground Floor Block B 5th Floor, 473 Lynnwood Rd Building D Cnr. Lynnwood Rd & 32 Princess of Wales Sussex Ave Lynnwood, Terrace Parktown 0081 Postal Address PO Box 32334, Postal Address PO Box 74571, Braamfontein, 2017 Lynnwood Ridge, 0040 Telephone Number 0860 726 890/011 726 Telephone Number 012 470 9080/012 762 8900 5000 Fax Number 011 726 5501 Fax Number 012 348 3447 Email Address info@osti.co.za Email Address info@faisombud.co.za Website www.osti.co.za Website www.faisombud.co.za COMMISSION, BINDER AND CONFLICT OF INTEREST DISCLOSURE Your broker receives a commission from your insurer. The levels of commission vary depending upon the product type. The exact amounts are disclosed in your policy schedule. In addition, your broker may charge you a broker/policy fee which will have to be disclosed to you by your broker. ITOO is paid a binder fee which is which is calculated as a percentage on the gross written premium it places with your insurer. ITOO also shares in the profits of the underwriting scheme. BINDER DISCLOSURE ITOO acts as a binder-holder for The Hollard Insurance Company Limited and has a signed binder agreement to this effect. In terms of this agreement, the binder-holder may: 1. enter into, vary and renew policies; 2. determine the premiums; 3. determine policy benefits; 4. settle all valid claims; 5. reject claims; 6. cancel policies. 7230 Email: liabs@itoo.co.za Policy number: SPL/SLFG/000008241 Page 10
OTHER KEY CONFLICT OF INTEREST DISCLOSURES Relating to your ITOO: Does ITOO have a shareholding in any insurer? No Does ITOO have a relationship with any insurer that provides a financial interest other than No ownership? Does ITOO have a relationship with any broker that provides an ownership or financial interest? No Does ITOO have a relationship with any distribution channel that provides an ownership, financial No interest or support service? The Hollard Group has an equity interest in ITOO Special Risks (Pty) LTD, the underwriting manager (UMA) and Hollard has appointed a non-executive director to the board of the UMA. Does ITOO have a relationship with any other person that provides an ownership or financial Yes interest? Any combination of these relationships and/or ownership or financial interests may present a potential conflict and as such we need to ensure you are aware of these. A full copy of ITOO conflict of interest management policy can be obtained upon written request to ITOO. DISCLOSURE OF PREMIUMS AND FEES All premium obligations and fees are disclosed in your policy schedule. MANNER OF PAYMENT OF PREMIUM, DUE DATE AND CONSEQUENCE OF NON-PAYMENT Please refer to your policy wording for details regarding premium payment, due dates of payment and consequences of non-payment. OTHER MATTERS OF IMPORTANCE 1. You must be informed of any material changes to the information provided above. 2. If the information above was given to you verbally, it must be confirmed in writing within 30 days. 3. If any complaint to the broker or insurer is not resolved to your satisfaction, you may submit a complaint to the Short-Term Insurance Ombudsman or the FAIS Ombud, depending on the nature of the complaint. 4. A polygraph or any lie-detector test is not obligatory in the event of a claim and the failure thereof may not be the sole reason for repudiating the claim. 5. All material facts must be accurately and properly disclosed, and the accuracy and completeness of all answers, statements or other information provided by or on your behalf remains your own responsibility. 6. You must on request be supplied with a copy or written or printed record of any transaction requirement within a reasonable time. 7. Do not sign any blank or partially completed application form. 8. Complete all forms in ink. 9. Keep all documents handed to you. 10. Make note as to what is said to you. 11. Don't be pressurised to buy the product. 12. Incorrect or non-disclosure by you of relevant facts may influence an insurer on any claims arising from your contract of insurance. 7230 Email: liabs@itoo.co.za Policy number: SPL/SLFG/000008241 Page 11
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