Annex 1 to the Cooperation Agreement
This Annex 1 to the Cooperation Agreement (“Brokerage Contract“) governs the relationship between the customer and esurance for the direct and indirect brokerage model as set out in cl. 1 of the CA.
1. Scope of Application
This Brokerage Contract applies to the direct and indirect model outlined in cl. 1 of the CA.
We would like to point out that in the course of concluding contracts with the respective insurance carriers, you will conclude an insurance contract in accordance with the Insurance Contract Act (ICA) and, if necessary, will have to accept the respective General Insurance Conditions (GIC) or Special Insurance Conditions (SIC) of the insurance companies. esurance has no direct influence on the GIC or SIC of the respective insurance carriers. These do not form part of this Brokerage Contract.
1.1 Direct model
esurance will act for you as an insurance broker. You commission and authorise esurance to provide ongoing support and administration of your insurance policies and to take the action required for that purpose. The scope of services provided by esurance is otherwise set out in cl. 2 of this Brokerage Contract.
esurance is bound by the legal provisions of the Insurance Supervision Act (ISA) in its activity as a broker. In particular, esurance is obliged to provide the customer with information pursuant to article 45 ISA (information on esurance pursuant to article 45 ISA).
1.2 Indirect model
If the customer is already represented by another broker, the latter can also use esurance, in which case esurance becomes a co-broker. The admissibility of using a co-broker shall be regulated in the contract between the customer and the existing broker. It is the broker’s duty to inform the customer about the rights and obligations of this Cooperation Agreement and the privacy statement.
2. Scope of service
The services and conditions outlined below under cl. 2.1-2.2 apply to the policies for which you have mandated us.
Please note the following:
- If you conclude a contract with an insurance carrier via our platform, the insurance contract is concluded directly with the insurance carrier. esurance acts as an intermediary and forwards your unprocessed data to the insurance carrier.
- The insurance cover and the rights and obligations arising from the insurance contract are governed by the respective conditions (in particular the policy, General Insurance Conditions, Special Insurance Conditions) of the relevant insurer.
- The esurance offer is nevertheless subject to further compliance checks if local legal provisions of the insured person(s) lead to uninsurability in certain countries or for certain groups of persons. Insurance cover is also refused in the event of sanctions, which directly or indirectly prevent the insurer from providing insurance cover. We refer to the corresponding provisions in the General Insurance Conditions.
The esurance offer includes:
- esurance digitises your existing and known insurance contracts, to the extent that the documents are accessible, and makes them available to you in electronic form.
- At your express request, esurance will obtain quotes and make a recommendation on your behalf. The decision is always up to you. esurance acts only on your explicit instruction.
- If you have any questions on insurance topics, esurance is available during office hours by e-mail, chat, video call or telephone.
- You will have a personal FINMA-registered advisor in accordance with Art. 42 ff. ISA as contact person.
- esurance manages the processing of administrative insurance-related tasks and checks the invoices of the insurance companies, provided that esurance has all the necessary information.
- In the event of a claim, you will receive administrative support from esurance. If you would like legal assistance in the settlement of your claim, a lawyer can be called in via esurance for a fee.
- When an existing insurance contract expires, you may commission esurance to issue a tender.
The documents produced by esurance are protected by copyright and may therefore only be used to the extent permitted by law and contract, unless esurance has expressly granted permission for a different use.
3. Obligations of the Customer
The customer shall provide esurance with the documents, figures and other information necessary for the performance of the brokerage activity and undertakes to provide open and accurate disclosure at all times. The customer shall inform esurance immediately (within 14 days) of any changes in the information, in particular changes in business activities and changes in other parameters relevant to the insurance cover (e.g. personnel changes, relocation notifications, expansion of operations, etc.) as well as any associated changes in risk exposure.
The customer acknowledges that esurance can only fully perform its services and obligations if it is also informed in a timely, complete and proper manner about the respective circumstances. In accordance with cl. 5, esurance declines all liability for losses resulting from the reporting of incorrect content, late reporting or failure to report.
The customer undertakes not to pass on to third parties any specific esurance expertise relating to special or ancillary services of benefit to the customer. In all other respects cl. 4 of the CA shall apply.
Please note that the customer remains the sole policyholder and debtor of the respective premiums. An interruption in payment can result in a loss of cover or even cancellation of the policy. Furthermore, the customer alone can sign and cancel contracts and accept claims payments, premium refunds and profit sharing.
4.1 Direct model
esurance is remunerated as follows for providing the services in the direct model:
- esurance is remunerated for customer care by the insurance companies in the form of commissions and brokerage fees customary in the market. These usually amount to between 0% – 15% of the annual premium. These compensation payments will be disclosed to the customer at his/her request. You expressly waive the right to receive commissions and brokerage fees from esurance (Art. 400 CO).
- If the customer terminates this agreement within the first twenty-four (24) months after conclusion, this shall be deemed as termination at an inopportune moment in accordance with Art. 404 para. 2 CO and esurance may charge the customer a flat fee of CHF 600.
- esurance can charge private customers an annual fee of CHF 99.
4.2 Indirect model
esurance is remunerated as follows for providing services in the indirect model:
- esurance is remunerated for customer care by the insurance companies in the form of commissions and brokerage fees customary in the market. These usually amount to between 0%-15% of the annual premium. With this compensation, esurance compensates the co-broker for its expenses. You expressly waive the right to receive commissions and brokerage fees from esurance (Art. 400 CO).
To the extent permitted by law, any liability for direct or indirect losses (including consequential losses and loss of profit) of esurance or its employees for losses resulting from consulting errors, negligence or incorrect information in connection with the brokerage offer is excluded.
Furthermore, esurance is in particular not liable for direct or indirect losses (including consequential losses and loss of profit) of customers or third parties, which arise because the customer either does not provide the information necessary for the fulfilment of the contract according to cl. 3, or the information provided is incomplete or incorrect, or the customer does not communicate in a timely manner changes in the information necessary for the fulfilment of the contract.
Furthermore, esurance is not liable for losses that you may have incurred in connection with a technical malfunction of the website (www.esurance.ch) or the application (app.esurance.ch), in connection with the content published on it or from links to other websites. In addition, cl. 6 of Annex 2 (Platform Contract) shall apply.
Liability for losses caused by intentional or grossly negligent behaviour remains reserved.
6. Term of the Agreement and Termination
This Brokerage Contract shall come into force together with the CA with the consent of the customer and is concluded for an indefinite period of time. This Brokerage Contract can be terminated by the parties at any time in accordance with Art. 404 para. 2 of the Swiss Code of Obligations (CO).
This document has been translated into several national languages. In the event of divergent interpretation or errors in translation, the German version shall apply exclusively.