These supplementary terms and conditions (hereinafter these “Supplementary Terms”) relate to the provision of MyLicence Validation to Open GI’s Clients (the “MIB Service”) and are supplemental to the “Agreement” (as defined below).
In the event of any conflict or inconsistency between the Supplementary Terms and the documents that constitute the Agreement, the following order of priority shall be given:
i. these Supplementary Terms; and
ii. the Agreement.
1. Definitions
In these Supplementary Terms the terms and expressions used shall have the same meaning as defined in the Agreement and as set out below:
Agreement means:
in respect of brokers – the Open GI Terms and Conditions for the Supply of Software and Services and the Open GI General Terms and Conditions or predecessor version(s) thereof or other terms and conditions noted on the relevant Order Form signed by the Customer; and
in respect of insurers – the Open GI Insurance System Framework Services Distribution Agreement or predecessor version(s) thereof other terms and conditions noted on the relevant Order Form signed by the Customer;
Dependencies means the pre-requisites the Customer must comply with in order to receive the MIB Service set out in clause 4 (Dependencies) of these Supplementary Terms;
Driver Data means personal data and potentially special category data that is held by the DVLA in respect of a driver;
Fee means the charges for the performance of the Open GI MIB Service as set out in the relevant Order Form;
MIB means the Motor Insurer’s Bureau.
2. Right to Use the Services
2.1. In consideration of the Client paying the Fee and subject to the Dependencies, the Client shall be entitled to receive the MIB Service accordance with the Agreement and these Supplemental Terms.
3. Dependencies
3.1. The Client warrants that it shall register and enter into a contract with MIB before receiving the MIB Service from Open GI.
3.2. The Client shall be responsible for ensuring that drivers using the Client’s services consent to the processing of their Driver Data by Open GI in respect of the provision of the MIB Service.
4. Payment
4.1. The Client shall pay the applicable Fee to Open GI in accordance with the Order Form and the Agreement.
5. Data
5.1. Open GI does not accept liability for any data loss due to Client hardware/software failures.
6. Exclusion of Liability
6.1. Open GI does not provide any warranty or indemnity and accepts no liability to the Client with respect to the MIB Service.
7. Intellectual Property
7.1. The Intellectual Property Rights in the MIB Service (if any) remain the exclusive property of Open GI and/or its licensors.
8. Termination
8.1. In addition to the termination provisions set out in the Agreement, the Client may terminate the MIB Service for convenience at any time by giving Open GI three (3) months’ notice in writing.
9. Personal Data
9.1. The parties acknowledge that Personal Data (including special category data as defined in the GDPR) will be processed using the MIB Service. Where Personal Data (including special category data) is processed it may be processed by third party processors appointed by Open GI and its sub-processors. Details of the sub-processors and the data processed may be found in Open GI’s Privacy Notice.