PnCguru

Terms and Conditions

Welcome to PncGuru!

IMPORTANT: THE TERMS AND CONDITIONS BELOW IMPORTANT: THE TERMS AND CONDITIONS BELOW WILL GOVERN (“MEMBER”) RELATIONSHIP WITH PNCGURU, LLC. (www.pncguru.com ) AND YOUR USE OF THE PNCGURU CARRIER OR MARKET(S) ACCESS, AND OTHER SERVICES. YOU ARE RESPONSIBLE FOR REVIEWING AND BEING FAMILIAR WITH THIS DOCUMENT AND THE TERMS OF CARRIER OR MARKET(S) WEBSITES AND THE USE AND ANY CARRIER OR MARKET(S) PRIVACY POLICY AND TERMS AND CONDITIONS. ACCESS TO THE CARRIER OR MARKET(S) WEBSITES, AND THE SERVICES ARE CONDITIONED UPON YOUR ACCEPTANCE OF ALL TERMS AND CONDITIONS OF THIS AGREEMENT, AND THE CARRIERS OR MARKET(S) WEBSITES USE AND ANY CARRIER OR MARKET(S) PRIVACY POLICY. YOU MAY ACCEPT BY SIGNIN THIS AGREEMENT OR SIGNING UP TO www.pncguru.com AS AN INDEPENDENT AGENT. PLEASE NOTE THAT ANY USE BY YOU OF THE WEBSITES OR SERVICES WILL CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY MODIFICATION HERETO.

1. Services

During the term of this Agreement, and subject to the terms provided herein, PNCGURU shall provide MEMBER with quotes from one or more CARRIERS, MARKET(S) or UNDERWRITING FACILITIES with whom pncguru / STAG Insurance Group has a contractual relationship (“MARKET(S)”). The information and services made available through PNCGURU and its Websites and its MARKET(S) Websites are collectively referred to herein as the “Services”. PNCGURU does not recommend or endorse any PNCGURU MARKET(S), nor does PNCGURU assume any responsibility regarding the actions or representations of any PNCGURU MARKET(S) in connection with obtaining or providing quotes for insurance, or obtaining or issuing insurance policies. MEMBER and PNCGURU MARKET(S) will each determine in their sole discretion whether or not to seek, obtain, or provide quotes or binders, or obtain or issue policies. PNCGURU may at any time, subject to notice as provided below, rescind the MEMBER’s authority to use the Services.

2. Eligibility

A. Use of PNCGURU Services is limited to parties that may lawfully enter into and form contracts under applicable law. MEMBER must register with PNCGURU and provide all requested information regarding MEMBER prior to making any use of the Services. The specific eligibility requirements shall be set out in this Agreement. Failure to satisfy any of the eligibility requirements or provide any requested information may result in termination of this Agreement or suspension or restriction of your Services.
B. PNCGURU reserves the right to refuse to accept any MEMBER.
C. MEMBER must at all times maintain a valid agent/broker license for each state and each line of business in which it solicits insurance business from insureds or prospective insureds. MEMBER represents and warrants that it holds such license. A MEMBER may not solicit or sell insurance business in any state in which it is not licensed. MEMBER represents that such license(s) are not limited by any condition or restriction imposed by any regulatory authority. MEMBER must furnish proof of such licensing upon request by PNCGURU and promptly notify PNCGURU of any changes in license status for each state selected. PNCGURU reserves the right to terminate, suspend or restrict this Agreement, and suspend the payment of commissions in the event your license(s) lapses or is cancelled, or You fail to provide evidence of a current unrestricted license. MEMBER agrees to comply with the laws of the states in which the insurance risk for which they are obtaining a quote is located, including without limitation, all laws regarding the license required to be held by persons in MEMBER’s organization that are utilizing the Services.
D. MEMBER agrees to maintain Errors & Omissions (“E&O”) insurance covering MEMBER’s activities with limits of at least $1,000,000 for property and casualty business written by MEMBER and represents and warrants that it holds such insurance. An updated declarations page must be provided to PNCGURU on the anniversary date each year thereafter or at any time PNCGURU requests such information. In the event that MEMBER’s E&O insurance lapses or fails to remain in full force and effect, MEMBER shall promptly notify PNCGURU and voluntarily cease use of the Services until such time that the MEMBER’s E&O coverage has been reinstated or placed in force. PNCGURU reserves the right to terminate, suspend or restrict this Agreement, and suspend the payment of commissions in the event MEMBER’s Errors and Omissions insurance coverage lapses or is cancelled, or MEMBER fails to provide evidence of such coverage at the request of PNCGURU.
E. MEMBER has no authority to bind, make, alter, vary or discharge any insurance policy, extend the time for payment of premiums, waive or extend any policy obligation or condition, or incur any liability on behalf of PNCGURU or PNCGURU MARKET(S). MEMBER shall not use the name, logo, identifying mark, or trademark of PNCGURU or any PNCGURU MARKET(S) without the prior written consent of PNCGURU or the PNCGURU MARKET(S).

3. Websites

Use and any MARKET(S) Privacy Policy and Other Notices from PNCGURU are Incorporated into this Agreement. The Websites and Services may be used only to obtain insurance policy quotes in relation to the submission of an insurance policy application to PNCGURU, and may not be used for any other purpose. MEMBER shall review and comply with PNCGURU and the PNCGURU MARKET(S) requirements as noticed from time to time, including without limitation the Websites Use and any MARKET(S) Privacy Policy, which is incorporated herein by reference. The authorization to use the WEBSITES and Services is at all times subject to guidelines or other instructions provided by PNCGURU. PNCGURU may make changes to this Agreement and the WEBSITES Use and any MARKET(S) Privacy Policy from time to time. MEMBER is responsible for reviewing and complying with any changes to this Agreement and the WEBSITES Use and any MARKET(S) Privacy Policy. If at any time MEMBER does not wish to accept a revised version of this Agreement or the WEBSITES Use and any MARKET(S) Privacy Policy, MEMBER’s sole remedy is to terminate this Agreement as provided in Section 9 below. If MEMBER continues to use the WEBSITES and Services after such changes to the Agreement have been made, MEMBER will be deemed to have accepted the terms of the revised Agreement and be bound by it

4. Commissions; Charges; Payment and Collection of Amounts Due

A. In consideration of MEMBER obtaining insurance policy quotes for its customers through PNCGURU and Websites subject to the terms and conditions in this Agreement, MEMBER shall be paid commissions on policies placed or obtained through PNCGURU per the Commission Schedule in Exhibit A. Commission Schedule may be amended by PNCGURU at any time and which is incorporated herein by reference.
B. Any amounts or commission due MEMBER may be offset against any amounts owed by MEMBER. THE OBLIGATION OF PNCGURU TO PAY COMMISSION ON ANY POLICY IS SUBJECT TO THE COLLECTION BY PNCGURU OF SUCH COMMISSION FROM THE INSURANCE CARRIER OR MARKET(S). THE PAYMENT OF COMMISSIONS MAY BE SUSPENDED UNTIL VALID AND EFFECTIVE ERRORS AND OMISSIONS INSURANCE COVERAGE AND/OR ACTIVE AND PROPER LICENSING INFORMATION IS PROVIDED BY YOU TO PNCGURU.
C. MEMBER may only charge agent/broker fees as permitted by applicable law and subject to the PNCGURU MARKET(S) requirements. MEMBER agrees to adhere to all laws and regulations concerning such fees and to refund any such fee unlawfully charged to any applicant upon PNCGURU’s request within five (5) days of notification by PNCGURU.
D. MEMBER shall be liable to PNCGURU and shall pay return or unearned commissions on canceled insurance and on reductions in premium at the same rate as originally allowed to MEMBER and must pay such return or unearned commissions to PNCGURU within fifteen (15) days of a request by PNCGURU. e. MEMBER cannot collect payments on behalf of any PNCGURU MARKET(S) except where allowed through the Carrier or MARKET(S) Websites.

5. Privacy and Security

A. MEMBER is solely and exclusively responsible for knowing and complying with all of its privacy obligations under applicable law. MEMBER will fully cooperate with PNCGURU or PNCGURU MARKET(S) upon written request regarding any issues concerning privacy and/or security compliance.
B. MEMBER agrees that any information concerning PNCGURU, its clients, PNCGURU MARKET(S), practices and personnel is confidential and proprietary in nature and not to be shared with any other entity without the express written permission of PNCGURU. MEMBER agrees that PNCGURU shall be entitled to injunctive relief and any other remedies afforded by law if such information is disclosed by MEMBER.
C. The password granted to MEMBER may be used only to access the WEBSITES, use the Services, electronically sign its transactions and review its completed transactions. MEMBER is solely responsible for maintaining the security of its password. MEMBER may not disclose its password to any third party (other than MEMBER employees authorized by it to use its account) and is solely responsible for any use of or action taken under its password on the WEBSITES. If MEMBER’s password is compromised, MEMBER must change its password.
D. MEMBER has sole and exclusive responsibility for all systems required by MEMBER to access and use the WEBSITES and the Services, including without limitation all hardware, operating software, applications software, electronic storage, browser configuration and network connectivity. PNCGURU hereby disclaims all liability arising from any changes MEMBER may make to its computer or software in order to use the Services.

6. Termination

This agreement may be terminated by PNCGURU upon written notice to MEMBER. If MEMBER is terminated for any of the following reasons, it shall not be entitled to the payment of commissions after termination of this agreement

A.) MEMBER withholds any funds, policies, or other property belonging to PNCGURU, PNCGURU MARKET(S) or any insured or applicant for insurance or fails to pay an amount when due; b) a regulatory authority cancels or nonrenews any license necessary for MEMBER to produce insurance, or such license lapses, c) MEMBER fails to comply with this Agreement, any amendment hereto, any guideline or written instruction provided by PNCGURU, or the WEBSITES Use and any MARKET(S) Privacy Policy; d) MEMBER commits any act of fraud or misrepresentation e) MEMBER becomes bankrupt or insolvent, either voluntarily or involuntarily commences any action for relief under the bankruptcy laws of the United States, is dissolved or liquidated; f) MEMBER’s Errors and Omissions insurance coverage is canceled, lapses or is reduced below a level acceptable to PNCGURU.

7. Independent Contractor; No Agency; No Third-Party Beneficiaries.

A. This Agreement does not create any employment, partnership, agency, joint venture, or other fiduciary relationship between MEMBER and PNCGURU. MEMBER is an independent insurance producer and is not acting under appointment as an agent for PNCGURU or any PNCGURU MARKET(S). MEMBER is an independent contractor for all purposes under this Agreement.
B. Nothing expressed or implied in this Agreement shall be construed to give to any person other than the parties hereto or any third party beneficiaries any legal or equitable rights, remedies, or claims under or in respect to this Agreement7. Independent Contractor; No Agency; No Third-Party Beneficiaries. a. This Agreement does not create any employment, partnership, agency, joint venture, or other fiduciary relationship between MEMBER and PNCGURU. MEMBER is an independent insurance producer and is not acting under appointment as an agent for PNCGURU or any PNCGURU MARKET(S). MEMBER is an independent contractor for all purposes under this Agreement. b. Nothing expressed or implied in this Agreement shall be construed to give to any person other than the parties hereto or any third party beneficiaries any legal or equitable rights, remedies, or claims under or in respect to this Agreement

8. Representations and Warranties.

A. MEMBER represents and warrants that: (i) at all times it will comply with all applicable laws and regulations relating to its business; (ii) to the best of its knowledge the information it provides to PNCGURU is accurate and complete; and (iii) it will comply with the WEBSITES Use and any MARKET(S) Privacy Policy
B. PNCGURU makes no representations or recommendations regarding coverage choices, limits, deductibles or endorsements of any applicant for insurance nor does PNCGURU warrant the suitability of any insurance or insurance policy for any person’s needs. PNCGURU does not guarantee MEMBER’s satisfaction with the performance of the PNCGURU MARKET(S), nor does PNCGURU guarantee or promise that MEMBER will successfully obtain quotes, binders or policies from any PNCGURU MARKET(S) through the use of the Services. It is the exclusive duty of the MEMBER to assess an applicant’s needs and to make insurance coverage and related insurance recommendations.

9. Indemnity

A. PNCGURU agrees to indemnify, defend and hold harmless MEMBER against any and all claims, demands, losses, expenses, liabilities and damages of whatever nature, including interest, penalties and attorney fees (collectively herein, “Costs”) MEMBER may incur, which result from, arise out of, or relate to any breach by PNCGURU of this Agreement.
B. MEMBER agrees to indemnify, defend and hold harmless PNCGURU, the PNCGURU MARKET(S), claims administrators, and servicing companies against any and all costs PNCGURU and/or they may incur, including costs of collection of any amounts due hereunder, or which result from, arise out of, or relate to: (i) MEMBER’s duties, obligations, or performance under this Agreement; (ii) MEMBER’s duties or obligations to its customers or to the PNCGURU MARKET(S); (iii) any violations of the obligations of MEMBER under applicable insurance law; or (iv) any other acts or omissions of MEMBER and/or its agents, employees or representatives.
C. Each party to this Agreement shall promptly notify the other party in writing of the existence of any claim or anticipated claim that is subject to indemnification under this section. Each party and/or its affiliates shall at all times have the right to fully participate in such defense at their own expense.

10. Limitation of Liability and Disclaimer

PNCGURU WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOSS OF BUSINESS OPPORTUNITY), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE WEBSITES, THE SERVICES, USE OF THE SERVICES, OR THE INABILITY TO USE THE SERVICES. PNCGURU DISCLAIMS SUCH LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. PNCGURU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, TO THE FULLEST EXTENT

11. General Provisions

A. Applicable Law. The WEBSITES and the Services are arranged, sponsored, and managed by PNCGURU in the State of Texas, USA. The laws of the State of Texas govern this Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. MEMBER agrees to waive jury trial and to the trial of any disputes solely before a judge. PNCGURU in entitled to attorneys’ fees and costs of suit if it obtains an order, judgment in any amount, injunction or other relief.
B. Entire Agreement. This Agreement, including any terms and conditions incorporated herein by reference, and the general terms and conditions contained on the WEBSITES, including but not limited to the WEBSITES Use and any MARKET(S) Privacy Policy constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, representations, and understandings of the parties in connection with the subject matter hereof.
C. Applicability. If MEMBER has any agreements with PNCGURU in effect as of the date hereof, such agreements are hereby cancelled and superseded in their entirety by this Agreement. This Agreement shall apply to all policies heretofore and hereafter bound or placed through PNCGURU by MEMBER.
D. Severability. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
E. No Waiver. PNCGURU will not be considered to have waived any of its rights or remedies described in this Agreement unless the waiver is in writing and signed by PNCGURU. PNCGURU’ failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of PNCGURU’ right to subsequently enforce such provision or any other provisions of this Agreement.
F. Assignability. MEMBER may not transfer or assign the Agreement except with written consent of PNCGURU