Niural Legal

Broker Services Additional Terms

Last updated: Dec 20, 2023

The Broker Services Additional Terms, also referred to as the "Broker Additional Terms," form an integral part of the Niural Customer Terms of Service. They are seamlessly integrated into the Niural Customer Terms of Service, accessible at https://www.niural.com/terms-of-service. These terms outline the agreement between Niural Insurance Services, Inc., operating as Niural ("Niural"), and the Customer, delineating the provision of broker and employee benefits services (referred to as the "Broker Services"). Any capitalized terms not explicitly defined within these Broker Additional Terms will retain the meanings outlined in the Terms of Service. Niural Insurance or its broker partners (referred to individually as a "Niural Insurance Partner" and collectively as "Niural Insurance Brokers") will render the Broker Services. Information regarding Niural Insurance's licensure can be accessed at https://niural.com/Niural-insurance-licensing. All terms and conditions stipulated in the Niural Terms of Service, encompassing disclaimers, liability limitations, agreements, and indemnities, are equally applicable to these Broker Additional Terms.

THOROUGHLY REVIEW THESE BROKER SERVICES ADDITIONAL TERMS. BY ACCEPTING THESE TERMS OR UTILIZING THE BROKER SERVICES, YOU ARE AGREEING TO THIS AGREEMENT, INCLUDING THESE BROKER SERVICES ADDITIONAL TERMS WITH NIURAL, AND TO THE COLLECTION AND USAGE OF YOUR INFORMATION AS OUTLINED IN THE NIURAL PRIVACY POLICY, WHICH FORMS A PART OF THIS AGREEMENT.

1. Broker Services

1.1 Broker Services

Niural Insurance Brokers offer support to Users or Customers authorized to manage Insurance Policies or Benefit Plans for an entity or organization (referred to as the "Benefits Administrator"). These services encompass specific employee benefits assistance, such as:

(a) Facilitating the discovery, selection, and administration of one or multiple group health insurance policies ("Insurance Policies") provided by health insurance companies ("b").

(b) Overseeing the transmission and validation of carrier enrollments.

(c) Granting access to Niural’s Benefits Administration Service, regulated by the Benefits Administration Additional Terms.

By utilizing the Broker Service, you acknowledge and authorize Niural Insurance Brokers, acting as your broker or agent of record, to receive commissions from your Benefits Providers. Furthermore, Nirual Insurance may receive commissions from Niural Insurance Partners, where relevant.

1.2 Eligibility Requirements

For Niural Insurance Brokers to provide the Broker Service (a) Designate Niural Insurance or a Niural Insurance Partner as your broker or agent of record (b) Allow Niural Insurance or a Niural Insurance Partner to communicate this designation to relevant parties as determined by Niural Insurance or a Niural Insurance Partner (c) Either exclusively work with Niural Insurance or a Niural Insurance Partner or seek written permission to engage with a third-party broker. If you designate a Niural Insurance Partner, separate terms between you and the Partner govern the relationship.

1.3 State Limitations

Niural Insurance offers the Broker Service only in states where it holds the required licensure. Niural Insurance Brokers, licensed in the respective states, provide professional advice on Insurance Policies. No Policies are sold where unlawful, and Niural Insurance doesn't guarantee suitability or availability in your residing state.

1.4 Insurance Policy Recommendations

Recommendations and estimates by Niural Insurance Brokers rely on your representations during underwriting and might not align perfectly with your needs or legal obligations. Quoted prices are unofficial estimates subject to change. The Benefits Provider reserves the right to reject or rescind Policies due to suspected fraud or undisclosed information.

1.5 Limitations on Broker Information

Information provided by Niural Insurance regarding Policies (referred to as "Benefits Information'') might conflict with Policy documents or Benefits Provider certificates. Legal, tax, or accounting advice is not provided by Niural Insurance; it's advised to seek counsel for such matters.

1.6 Role of Niural Insurance

Niural Insurance doesn't manage, amend, or make decisions regarding Policies or Benefit Plans. Communication regarding enrollment and eligibility with Benefits Providers is advisable directly through you. Recommendations and price offerings made by Niural Insurance Brokers for Plans or Policies from Benefits Providers are solely for your consideration and decision-making.

1.7 Niural Insurance Fiduciary Responsibilities

You acknowledge that Niural Insurance does not act in a fiduciary capacity, as defined by ERISA sections 402(a)(2), 3(16)(A), or 3(16)(B). It does not determine ERISA claims or hold fiduciary responsibility regarding your Policies or Benefit Plans. You retain fiduciary responsibility for all Policies and Plans handled through the Broker Service. You're accountable for reviewing communications, notices, and invoices from your Benefits Provider, promptly reporting errors or omissions to Niural Insurance, and ensuring timely notification of qualifying events that may impact health insurance eligibility. Failure to do so may result in coverage delays, terminations, or costs.

2. Additional Obligations

2.1 User Representations

For Employee Benefit Services, accurate, complete, and timely User Representations are crucial. Niural Insurance Brokers rely conclusively on these representations and are not obligated to verify or correct them. Any errors or omissions in User Representations provided by you or your representatives absolve Niural Insurance Brokers of liability.

2.2 Funding Plans

You acknowledge sole responsibility for funding all benefits under applicable Benefit Plans. Niural Insurance bears no financial responsibility for Benefit Plan payouts or claims.

2.3 Electronic Notices

Your employees' consent to electronic communication of all materials related to Broker Services is acknowledged.

2.4 Compliance with Laws

Sole responsibility lies with you for complying with applicable laws, including COBRA, the Code, and ERISA, for each Benefit Plan. Niural Insurance Brokers hold no liability for participant contributions surpassing legal limits or for providing protected health information.

3. Acknowledgement of Broker of Record Sale

You recognize the independent nature of Niural's human resources and information technology services from the Broker Services offered by Niural Insurance Brokers. You're not obligated to acquire insurance products from Niural Insurance or affiliates when accessing Niural Services.

4. Fees for Benefits Administration Services

Niural Insurance may waive Benefits Administration Service fees if you receive similar services from them.

5. Limitation of Liability

You acknowledge that Niural Insurance does not offer or guarantee health insurance coverage, and its liability is limited regarding Benefits Providers' or your own insurance broker's Policies or services.