RNFI Services Pvt. Ltd. is ultimate platform for distributors and retailers who provide online payment services. We assure our clients and customers safe, secure and convenient mode of transactions.
Indeed, we are unique digital platform that caters attractive and instant (real time) rewards as well as commission to our B2B partners such as distributors, retailers, clients etc., through our own developed safe and secure interface.
To meet the futuristic digital and online financial solutions, RNFI believes to facilitate each and every people of the country one of most trusted, reliable and quickest online payment solution gateways.
We believe to work with all premier financial institutions and organizations who are leading the economy of country whether they are governmental or non-governmental bodies.
Through our safe, secure, reliable and quickest payment gateway we believe to connect Semi-urban & Rural India to the mainstream of economic development.
RNFI believes to train, assist and work with DMR distribution networks as per mandates given by the banks.
RNFI is committed to appreciating and respecting the choice and privacy of its user base and the business associates when they use our website and services. The statement here highlights and gives information about the privacy practices employed and used by us in relation to the personal information we hold of our business associates and users.
Definition and Description
For the purposes of the privacy policy, personal information and data include the data and information that can be identified or linked to specific users. This information may include address, name, mailing address, email id, telephone number, debit/credit card details, name of the cardholder, expiration, date of the card, mobile phone number related information, data card, DTH service information, electricity connection data and any other data, information, and details that are provided by the users and associates voluntarily while availing the services of the website of RNFI.
Exception to RNFI Privacy Policy: Data and information provided by the users/business associates in the public forums and environments, live chat room, blog, album, social networking sites, discussion boards, classifieds, community and the likes (without limitation), are not deemed to be confidential and hence are not considered as personal/sensitive information and data, according to RNFI privacy policy. Such information is therefore not protected under our privacy policy.
Use of Personal Information and Data
RNFI uses the personal data and information given by the users/business associates to provide them and with specific services that have been explicitly requested by a user/associate. The personal information is required and used by RNFI to troubleshoot concerns, resolve disputes, collect money, promote safe and secure services, inform the users and associates about our services/offers/updates, assess the interest of users and associates in our services, and prevent us in committing errors. The information may also be used for preventing criminal activity and fraud, and for enforcing terms and conditions, among other uses.
Disclosure of Information Data
RNFI shares sensitive or private confidential data or information with an external organization only when it is necessary to enable us to provide the services to business associates and users. We may also share the information when it is necessary for us to do so for completing a legitimate transaction, for reporting purposes (required or necessary under the terms and conditions applicable to the information), and/or because of the applicability of the law. In no other scenario shall we share the confidential and personal data and information of our users and business associates. The information of the business associates and users will be shared when it is required or permitted by law.
Observation and Implementation of Reasonable Security Practices
RNFI undertakes the necessary and reasonable precautions for maintaining the confidentiality and privacy of data and information of our users as well as business associates. For the purpose, we provide restricted access to persons who may be required to assess the data and information (on a need to know basis). We also provide the necessary training to our employees for ensuring safe and proper handling of data.
Links to Other Websites
The RNFI website also has links to other websites. Users should know and understand that when they click on any of the links, they enter into another website. We assume no responsibility for these websites. We encourage the users to read and understand the privacy statements of these websites, which may be different from the privacy policy of RNFI. The users/associates are solely responsible for ensuring the security and secrecy of their membership accounts, and their passwords.
Privacy Policy Updates
RNFI has the full rights to make changes to the data privacy practices it uses/employs, and to update the privacy statement whenever a need arises. The same updates and changes will be made available on our website.
A transaction that fails for a reason that it is directly attributable to RNFI, and for which the user receives a corresponding confirmation from the associated payment gateway will be refunded automatically back to the account of the user in a time period of 3 to 21 working days, from the date on which the original transaction has taken place. A confirmation email will also be sent to the email ID of the user registered with us. Please note that the amount pertaining to the applicable taxes and the payment gateway charges will not be refunded.
In cases in which the user receives the successful payment completion confirmation but does not get the services, the user is required to register a complaint with RNFI. This complaint can be logged by the user by sending an email to the Customer Care email ID provided on the website. We will conduct a complete inquiry upon receiving the complaint registered by the user. Refund of the payment will be provided to the user account on the basis of results of the inquiry.
Please note that in all cases, the liability of RNFI is restricted only to provide a valid refund to the extent of the payment received by us. RNFI is not responsible for any consequential liability or claim that may be associated with the failure of the services of our system.
A user should accept that the RNFI refund policy is subject to the stated terms and conditions of the user agreement of the website.
We thank you for transacting with us and look forward to a bright and successful future for our partnership.
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
THESE TERMS AND CONDITIONS WERE UPDATED ON 28th Feb 2023 (hereinafter referred as the “Agreement”/ “Terms of Use”) PLEASE CAREFULLY READ THESE TERMS OF USE. BY PROVIDING YOUR CONSENT AND/OR USING THIS PLATFORM YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU MAY NOT USE THIS PLATFORM.
1.1 RNFI Services Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at UG-5, Relipay House, Plot No. 42 DLF Industrial Area Kirti Nagar New Delhi West Delhi DL 110015 (hereinafter referred to as the Company” or “RNFI”, which expression shall unless repugnant to the context or meaning thereof mean and include its successors and permitted assigns) is engaged in the Business (as defined below).
1.2 Company is inter alia engaged the business of providing such Business Correspondent Services including but not limited to technical/Non-technical Services, for facilitating financial inclusion and Fintech Product Platforms for, inter-alia, processing payment transactions; using Aadhaar Enabled Payment System Services(AEPS), Domestic Money Transfer Services (DMT), Bharat Bill Payment System Services (BBPS), mobile/phones internet Recharges, QR codes, & DTH, Micro ATM (M-atm), EMI Collections, Aadhaar Pay, PAN Card registration, CMS etc all of which, are made available through web application, mobile application, card reader devices / Mpos / Pos terminals, IRCTC Services other technology infrastructure of RNFI (“Company Services”).
1.3This Platform is owned and operated by the Company. Company facilitates the provision of Company Services through this Platform and/or Website. Company has collaborated with various distributors, of goods and services by associating with them as their Channel Partner i.e. (“Distributors, Partners, Super Distributors”) to assist the Company in appointing various Retailer/CSP/Agents in various cities, managing such Retailer/CSP/Agents and in certain cases also dissemination of Company Services to such retail agents.
1.4. Accordingly, Company is now desirous of engaging with various Retailer/CSP/Agents to assist the Consumers in providing Financial Services through their retail outlets by making available the disseminated Company Services made available by RNFI or various bank or service provider through the agents (“Retailer/CSP /agents”).
1.5. You have expressed your desire to SD/P/D or RNFI representative for engaging with Company as Retailer/CSP/Agents and in this regard have submitted information through the Relipay app/web of the Company and have also verified the contents in the app on this Platform (“Verification/ Onboarding Process”).
1.6. Upon Your successful completion of the Verification/ Onboarding process including PAN Verification, Address verification, self-video verification, Mobile number verification, Aadhaar verification and bank account Verification etc, the Company is desirous of engaging you as the Retailer/CSP/Agents for assisting the Consumers in Non-financial/Financial Transactions utilizing the Company Services on the Platform and/or the Website in accordance with the terms of this Agreement.
1.7. You understand, agree and acknowledge that your engagement as the Retailer/CSP/Agents and the use of this Platform, Website and/or Company Services including all information, tools and services available from this Platform to the Retailer/CSP/Agents and the Consumer is conditioned upon Your acceptance of all terms, conditions, policies and notices stated here, the terms whereof are subject to change at any time, without prior notice to You. Any new features or tools which are added to the current Platform shall also be subject to this Agreement. To ensure that You are aware of the changes, please review this Agreement and all the documents referred to hereunder periodically.
1.8. In the event You are representing an incorporated entity, You hereby confirm that You have been expressly authorized by such entity to consent this Agreement, and such entity agrees to be bound by the terms hereunder.
1.9. In this Agreement, Retailer/CSP/Agents and the Company is individually referred as “Party” and collectively referred as “Parties”
2.1. In the Agreement, unless the contrary intention appears and/or the context otherwise requires, capitalized terms defined by: (i) inclusion in quotations and/ or parenthesis have the meanings so ascribed; (ii) the capitalized terms used herein and not defined in this Agreement shall have the meaning ascribed to them in the Company Rules and/or the Website; (iii) the following terms shall have the meanings assigned to them herein below: “Affiliate” in relation to a Party means, (i) in case of a natural Person, the father, spouse and minor children of such natural Person; and (ii) in case of any Person other than a natura lPerson, any Person which directly or indirectly Controls, or is under the common Control with, or is Controlled by, such Person;
“Agreement” / “Terms of Use” means these terms and conditions and all their modifications from time to time in
accordance with the provisions contained herein, together with all schedules, annexures and exhibits hereto;
“Applicable Law” includes all applicable Indian statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, board as may be applicable, including but not limited to any guidelines and/or directions issued by the Reserve Bank of India and in each case, any implementing regulation or interpretation issued thereunder including any successor Applicable Law;
“Business” shall mean the business of providing various financial and non-financial services to its customers, either directly or through its business partners, by the means of a technological solution and/or by setting up a network of stores and agents to facilitate the digital dissemination of such financial / non-financial services;
“Business Day” means any day of the week (excluding Saturdays, Sundays and public holidays) or a day on which banking institutions in India are open for general business;
“Channel Partner” means such entities who has been engaged as “Super Distributor, Partner or Distributor” by the RNFI, who has recommended the concerned Retailer/CSP/Agents for dissemination of the Company Services to the Consumers;
“Company Rules” shall mean policies issued by the Company with respect to its Channel Partner, Retailer/CSP/Agents & Consumers including but not limited to the policy on the code of conduct and other sales and management policies as issued on the Website, Platform and/ or otherwise and amended from time to time;
“Confidential Information” means all information (whether oral or recorded in any medium) relating to the business, financial or other affairs (including future plans) of the Company, Retailer/CSP/Agents, Consumers which is treated by the Company, as confidential, or is marked or is by its nature confidential, including but not limited to all copyright, trademarks, trade secrets, patents and other intellectual property rights belonging to the Company, their Affiliates or any of the other Retailer/CSPs, Channel Partner, as the case maybe, together with the existence and contents of this Agreement(including all Schedules), any ancillary documents and the negotiations relating to this Agreement
“Competing Business” shall mean:
“Customer Service Points (CSP)’s” or “Retailer(s) or Agents or CSP or You or Your” means any natural or artificial person appointed by RNFI & who has access to and is using the Platform for the purpose of being engaged as a Retailer/CSP/Agents in accordance with the terms of this Agreement.
“Controlling”, “Controlled by” or “Control” means, with respect to any Person, (i) the ownership of more than 50% (fifty percent) or more of the equity shares or other voting securities of such entity; or (ii) the possession of the power to direct the management and policies of such entity; or (iii) the power to appoint a majority of the directors, managers, partners or other individuals exercising similar authority with respect to such Person by virtue of ownership of voting securities or management or contract or in any other manner, whether (a) formal or informal; (b) having legal or equitable force or not; (c) whether based on legal or equitable rights; or (d) directly or indirectly, including through one or more other entities; and the term “Common Control” shall be construed accordingly;
“Consumer” shall mean the consumer that undertakes a transaction on the Platform and /or avail Company Services and that is bound by the consumer terms and conditions between the Company and such consumer.
“Effective Date” shall mean the date of Retailer/CSP/Agent’s acceptance of this Agreement & become the Retailer/CSP/Agent post following the onboarding process;
“Financial Services” shall mean the financial services provided by Bank/NBFC/Financial Institution to the Consumers utilizing the Company Services on the Platform;
“Governmental Authority” means any nation, state, sovereign, or government, any federal, regional, state, local or political subdivision and any entity exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, constitutionally established and having jurisdiction over any of the Parties (to the extent relevant to the transactions contemplated hereby) or the assets or operations of any of the foregoing or the transactions contemplated hereby;
“INR” or “RS” means Indian Rupees, the lawful currency of the Republic of India;
“IRCTC” shall mean the Indian Railway Catering and Tourism Corporation;
“IRCTC Services” shall mean the services provided by the Company acting as the PSP through its RSP(s) including but not limited to booking and/or cancellation of train tickets;
“IRCTC T&C” shall mean the terms and conditions applicable to Retailer/CSP/Agentss acting as RSP for the Company for the purpose of providing IRCTC Services to Consumers;
“IRCTC ID” shall mean the credentials assigned to RSP by the PSP for the purpose of accessing the IRCTC Services;
“Intellectual Property” shall mean all intellectual property used for the purpose of or in association with or in relation to providing the Company Services utilizing the Platform and includes without limitation, (a) Software, operating manuals, software code, program, instructions, specifications, processes, input methods, data or information used in relation to, in association with or for the operation of the software installed by Company ; (b) the trademarks, service marks, trade names, business names, logos, symbols, styles, colour combinations used by Company during the course of its business and all depictions, derivations and representations thereof; (c) all promotional material including without limitation, advertisements, literature, graphics, images, content and the ‘look and feel’ of all of the above; (d) all information, data or material in whatever form, whether tangible or not, provided by Company to Retailer/CSP/Agents during the course of or in relation to the Services; and (e) all techniques, formulae, patterns, compilations, processes, inventions, practices, methodology, techniques, improvement, utility model, procedures, designs, skills, technical information, notes, experimental results, service techniques, samples, specifications of the products or services, labelling specifications, rights on software, and any other knowledge or know-how of any nature whatsoever;
“Material Breach” shall mean the material breach of the terms of this Agreement by Retailer/CSP/Agents including but not limited to any breach of provisions of Clause 8 and Clause 9 of this Agreement; “Non-Financial Service” shall means services other than Financial services.
“Person” shall mean any individual (including personal representatives, executors or heirs of a deceased individual) or legal entity, including but not limited to, any partnership, joint venture, corporation, trust, unincorporated organization, limited liability company, limited liability partnership or Governmental Authority;
“Platform” shall mean the Software accessible through the Website;
"Proprietary Items" shall mean any document, record, notebook, plan, model, component, device, communication device, computer software or code, or Confidential Information or Trade Secret whether embodied in a disk or in any other form, including electronic form owned and/or used by the Company; “Principal Service Provider” / “PSP” shall mean the Company;
“RBI” shall mean the Reserve Bank of India;
“Retailer/CSP/Agents Business Account” shall mean the account opened and operated by the Retailer/CSP/Agents for availing Company Services and assisting the constomer in transactions on the Platform and/or the Website;
“Retail Outlet” shall mean the place of business as from where the Retailer/CSP, upon authorization from Company, shall provide Services to Company and/or utilize / make available the Company Services to be utilized by the Consumers;
“Retail Service Provider” / “RSP” shall mean the Retailer/CSP who have been appointed by the Company for the purpose of extending IRCTC Services to the Consumers;
“SD/P/D Business Account” shall mean an account opened and operated by the SD/P/D with the Company for availing and disseminating Company Services;
“Services” shall mean:(a) services provided by Retailer/CSP/Agents with respect to assisting the Consumers in making available the Financial/Non-financial Services utilizing the Company Services and/or Platform at its Retail Outlets or such other place as may be permitted by Company and/or (b) such other services as intimated by Company to Retailer/CSP/Agents from time to time.
“Software” shall include custom built software that is owned by Company, or software that has been licensed from third party suppliers by Company and in relation to which Company has obtained the right to sub license from such third party suppliers, as modified/ replaced from time to time, that enables Retailer/CSP/Agents to utilize Company Services on communication devices such as computers, mobile phones and other handheld wireless devices etc. as identified by Company from time to time;
"Related Entities" shall mean any parent company, subsidiaries, affiliated corporations, partnerships, or joint ventures of the Company;
“Trade Secret” shall mean information, user flow steps, screens, including a formula, pattern, compilation, program, device, method technique, or process that derives independent economic value, actual or potential, from being not generally known to, and not being readily ascertainable by proper means by, other persons who can derive economic value from its disclosure or use, including but not limited to the patented information and processes as well as the unpatented information and processes comprising, underlying, arising from, and associated with and/or used by the Company or any Related Entity;
“Tax” or “Taxes” shall mean any and all taxes, cess, levies, imposts, duties, charges, deposits, fees, deductions or withholdings that are, or that are to be, imposed, levied, collected, withheld or assessed, together with any and all interest, penalties, claims or other liabilities arising under or relating thereto.
“Website” shall mean and include www.rnfi.in or www.partner.rnfi.in, or as modified from time to time, mobile application of Company, any successor website/ applications, any website of Related Entity or any other channel facilitated and permitted by Company including but not limited to App, any other digital medium including phone, displays, emails, social media interfaces, messaging interfaces, wallet, payment intermediaries using Company’s interface.
(i) the headings are inserted for ease of reference only and shall not affect the construction or interpretation of this Agreement;
(ii) references to one gender include all genders;
(iii) any reference to any enactment of statutory provision is a reference to it as it may have been, or may from time to time be, amended, modified, consolidated or re-enacted (with or without modification) and includes all instruments or orders made under such enactment;
(iv) words in the singular shall include the plural and vice versa;
(v) any reference of “days” would mean “calendar days” and similarly reference of year and month would mean “calendar month” and “calendar year”;
(vi) any reference to “intimation” and “intimated” shall include any intimations provided by Company on Website and/or Platform.
(vii) unless otherwise specified, time periods within or following which any payment is to be made or act is to be done shall be calculated by excluding the day on which the period commences and including the day on which the period ends and by extending the period to the next Business Day if the last day of such period is not a Business Day; and whenever any payment is to be made or action to be taken under this Agreement is required to be made or taken on a day other than a Business Day, such payment shall be made or action taken on the next Business Day; and
(viii) Any reference to “writing” shall include printing, typing, lithography, transmissions by facsimile or in electronic form (including e-mail) and other means of reproducing words in visible form including but not limited to any instructions provided by Company on Website and/or Platform.
2.3. No provisions shall be interpreted in favour of, or against, any Party by reason of the extent to which such Party or its counsel participated in the drafting hereof or by reason of the extent to which any such provision is inconsistent with any prior draft hereof.
(i) During the Term of this Agreement and subject to the provisions of this Agreement, Company herby engages You and You hereby agree to be engaged as a Retailer/CSP/Agents. As Retailer/CSP, Company will allow you to access the Website and/or Platform and depending upon the nature of transactions, You shall:
(a) provide Services to Company; and/or
(b) avail services from Company and/or third party service providers through the Website and/or Platform.
(ii) During the Term and subject to the provisions of this Agreement, and unless otherwise specified by Company, the Retailer/CSP shall at its Retail Outlet:
4.1. In consideration of the Company making available the Platform, Website and /or Company Services it shall be entitled to a Platform service fee (“Platform Service Fee”) as may be intimated by Company from time to time and /or published on Website and/or Platform from time to time. Company shall also be entitled to receive/deduct any other service fee from Retailer/CSP/Agents for any services provided by the Company to Retailer/CSP/Agents as may be intimated by Company from time to time and /or published on Website and/or Platform from time to time.
4.2 Onboarding Fee: you shall pay a one-time onboarding fee to cover the cost of onboarding and setting up of the services under this agreement as intimated by the RNFI representatives or/and Channel Partner. This fee is non-refundable and due upon execution of this agreement.
4.3. In addition to the limited right to use the available Platform, Website and /or Company Services and depending upon the nature of Services being provided by Retailer/CSP/Agents, it may be entitled to commission, discount or service fees, or such other remuneration from the Customer, and/or Company (collectively the “Retailer/CSP/Agents Service Fees”) for the Services, as may be intimated by Company from time to time or published on Website from time to time.
4.4. In the event of Retailer/CSP/Agents account being inactive for more than 60 (Sixty) days the Retailer/CSP/Agents may be charged an inactivity fee of Rs.10,000/- (Rupees Ten Thousand only). In the event of any retail agent’s account being inactive for more than 60 (Sixty) days the Retailer/CSP/Agents acknowledges and agrees that the User Access ID shall be expired and for renewal activity fee shall be charged to that agent as may be decided by the RNFI (from time to time). Funds corresponding to available transaction limits of the Retailer/CSP/Agents, if any, shall get lapsed and forfeited.
4.5 Retailer/CSP/Agents shall be responsible for payment of its own Taxes, of whatever nature, in respect of all sum’s payable by Company to Retailer/CSP/Agents under this Agreement.
4.6 In relation to certain Company Services, Retailer/CSP/Agents may be required to maintain such security deposit as may be intimated by Company and/or Channel Partner from time to time.
5.1. During the Term, the Retailer/CSP shall render the Services by and through himself, such of its officers, employees, agents, representatives, and affiliates as it shall designate, from time to time. Notwithstanding anything to the contrary contained in this Agreement, Company shall have the right at any time, to modify, alter and amend the Services, including the manner, procedure, process in which the Retailer/CSP/Agents will be required to perform the Services and the Retailer/CSP/Agents shall be bound by all such modifications, alterations and amendments made by Company.
5.2. It is hereby agreed between the Parties and declared for the avoidance of doubt that the Retailer/CSP/Agents shall only market, promote or make available such Company Services as are permitted expressly by Company. Company shall at all times, have the right to direct the Retailer/CSP to discontinue making available any of the Company Services at the Retail Outlet without assigning any reason whatsoever.
5.3. the Retailer/CSP/Agents agrees and declare that, he possess the necessary infrastructure and equipment required at the Retail Outlet including but not limited to any minimum area requirements of the Retail Outlet, computer terminals, peripherals attachments, internet and broadband connectivity, mobile device and/or any such device with GPRS connectivity, html enabled, which is compatible enough to run Software/ Company Services etc., for effectively making available the Company Services (“Specifications”).The Retailer/CSP/Agents shall ensure compliance with the Specifications at all times at its sole expense. Further, the Retailer/CSP/Agents shall at all times during the Term, display the Company signage, signboards, logos, etc. at a prominent place in the Retail Outlet strictly in accordance with the instructions provided by Company in this regard.
5.4. Company may, at its sole discretion and with or without consideration, provide training manuals, technology support, ongoing advice and assistance to the Retailer/CSP and designated employees of the Retailer/CSP including without limitation the provision of brochures, pamphlets, charts, signboards, signage and other materials for the purposes of advertisement, promotion and marketing the Company Services. Any materials supplied by Company shall be utilized solely in relation to the provision of Services and the Retailer/CSP/Agents shall ensure that such materials are not utilized for any other purpose.
5.5. He/she (CSP’s) shall count the cash provided by the customer for availing/provisioning of the Services, verify the amount and also check for any fake or counterfeit currency notes. In case of any identification of any forged notes, Retailer/CSP/Agents/CSP shall inform to Channel Partner or Company and handover the forged notes back to the customer and request the customer to deposit the cash for shortfall or alter the deposit amount request. Additionally, the CSP shall maintain a record of the details of such customers in the possession of such forged notes in a register.
5.7. CSP, shall at its own costs, insurance coverage for adequate amount against dishonesty, theft, extortion, robbery, forgery, altered documents, fraud, fidelity, and/ or any other dishonest act(s) done by its himself or its employees/personnel, with RNFI as the loss payee/beneficiary.
5.8. Retailer/CSP shall bear any and all costs for the repair, replacement or up-gradation or procurement of equipment/ infrastructural facilities at the CSP’s outlet from where the Services will be provided, in order to fulfill the requirement of bank, other entity or other regulatory body.
5.9. Company may, in the interest of making available Services to Consumers, allow Retailer to provide Services from a location other than a Retail Outlet subject to Applicable Law and rules intimated by Company in this regard.
5.10 CSP, shall at its own costs, maintain & record each enrolment or transaction(s) in the respective register along with the signatures of the respective customer.
6.1. Terms
This Agreement will be effective from the Effective Date and shall remain valid and renewed every year renewed or extended automatically unless terminated earlier in accordance with Clause 6.2 of this Agreement (“Term”).
6.2.1. During the period commencing from the Effective Date and expiring on 24 (twenty-four) months from the Effective Date, (the "Lock-in Period") Retailer/CSP/Agents cannot terminate this Agreement.
6.2.2. After the expiry of the Lock-in Period, the Retailer/CSP/Agents may terminate this Agreement by giving a 90 (ninety) days written notice to the Company.
6.2.3. The Company shall have the right to terminate this Agreement immediately upon the occurrence of an “Event of Default”. For purposes of this Agreement, the term “Event of Default” shall have occurred if:
(i) if there is a Material Breach by Retailer/CSP/Agents that remains uncured even after the expiry of 15 (Fifteen) Business Days after the date of a written notice issued by the Company of such occurrence;
(ii) if the agreement between the Company and the Channel Partner is terminated; or
(iii) if an order is made by a court of competent jurisdiction, or a resolution is passed, for the liquidation, bankruptcy, insolvency or administration of Retailer/CSP/Agents or a notice of appointment of an administrator of Retailer/CSP/Agents is filed with a court of competent jurisdiction.
6.2.4. In addition to the foregoing, Company may terminate this Agreement at any time by giving a 30 (thirty) days written notice to the Retailer/CSP/Agents.
6.3. The rights and obligations of the Parties under this Agreement, which either expressly or by their nature survive the termination of this Agreement, shall not be extinguished by termination of this Agreement.
6.4. The termination of this Agreement in any of the circumstances aforesaid shall not in any way affect or prejudice any right accrued to any Party against the other Parties, prior to such termination.
7.1. Upon termination of this Agreement for any reason as stated in Clause 6 above, the Retailer/CSP/Agents shall:
7.1.1. immediately cease to utilize, promote, market or advertise Company’s products and/or services including but not limited to Company Services;
7.1.2. immediately discontinue to utilize any Intellectual Property including but not limited to logo and name of the Company and shall immediately hand over any and all copies or documentation of such Intellectual Property;
7.1.3. immediately return to Company all Confidential Information provided to Retailer/CSP/Agents under the Agreement including but not limited to all information and data with respect to the SD/P/D and the Customer;
7.1.4. immediately return to Company originals and copies of any and all materials provided to Retailer/CSP/Agents pursuant to this Agreement or in the course of provision of the Services, including any publicity and marketing materials in its possession;
7.1.5. immediately discontinue and cease to use the Platform and/or any Software provided by Company and shall hand over any copies or documentation of such software and shall purge such software or cause it to be purged from all human and machine readable media (or other memory devices);
7.1.6. provide remote access to Company to disable any software that Company and/or SD/P/D had installed;
7.1.7. immediately remove all signboards, banners,glow signboards and all such material which indicates any association with Company from the Retail Outlets, its office and any other premises; and
7.1.8. confirm in writing to the Company of having complied with the provisions of this Clause 7.1.
7.2. Upon termination of this Agreement for any reason as stated in Clause 6 above, the Company reserves the right at its sole discretion to terminate or suspend the Retailer/CSP/Agents Business Account.
7.3. Upon notice of termination from either Party, Retailer/CSP shall perform all the obligations under this Agreement during the notice period. Any waiver of the forgoing obligation should be at the absolute discretion of the Company and such waiver shall only be valid if given in writing by the Company
7.4. Retailer/CSP/Agents hereby agrees and undertakes that it shall grant the Company, its employees or agents, access to its offices/place of business and information technology systems for a period of 60 (sixty) days after termination for the verification of its compliance under Clause 7 of the Agreement.
8.1. Retailer/CSP/Agents represents and warrants to the Company that the execution and delivery by Retailer/CSP/Agents of this Agreement does not, and the performance by Retailer/CSP/Agents of his obligations hereunder will not, with or without the giving of notice or the passage of time, or both:
8.1.1. violate any judgment, writ, injunction, or order of any court, arbitrator, or governmental agency, applicable to Retailer/CSP/Agents; and / or
8.1.2. conflict with result in the breach of any provisions of or the termination of, or constitute a default under, any agreement to which the Retailer/CSP/Agents is a party or by which Retailer/CSP/Agents is or may be bound, including, without limitation, any non-competition, non-solicitation agreement or similar agreement.
8.2. Retailer/CSP/Agents further represents and warrants that it fully and completely understands this Agreement and the financial requirements and risks associated with the same and that:
8.2.1. it has the power, financial and legal capacity to execute, deliver and perform its obligations under this Agreement and all necessary corporate, shareholder and other actions have been validly obtained to authorize such execution, delivery and performance, and this Agreement constitutes its legal, valid and binding obligation, enforceable against it in accordance with its terms; and
8.2.2 it has engaged in negotiations with the Company and has either consulted with an attorney of his choice or has had ample opportunity to do so and is fully satisfied with the opportunity it has had.
8.3. Retailer/CSP/Agents hereby represents, agree and undertakes that:
Retail Outlets
Employees
9.1. Suspension of Company Services by Company
9.2. Right to Set off and Withhold Payment
Retailer/CSP agrees and acknowledges that Company reserves the right at any time to (without notice to Retailer/CSP) set off and apply any or all sums due and payable by Company to Retailer/CSP under this Agreement, and/or any or all sums of money held in accounts with Company and/or CHANNEL PARTNER against:
9.3. Data Collection and Privacy
10.1. Retailer/CSP/Agents acknowledges that its services hereunder are of a special, unique character, and its strategic business partnership with the Company places it in a position of confidence and trust with customers, suppliers, and other persons and entities with whom the Company have a business relationship.
10.2. Retailer/CSP/Agents further acknowledges that the rendering of services under this Agreement will likely require the disclosure to the Retailer/CSP/Agents of Confidential Information including Trade Secrets. As a consequence, Retailer/CSP/Agents agrees that it is reasonable and necessary for the protection of the goodwill and legitimate business interests of the Company that the Retailer/CSP/Agents makes the covenants contained in this Clause 10 and that such covenants are a material inducement for the Company to enter into this Agreement, and that the covenants are given as an integral part of this Agreement.
10.3. Non solicitation Covenants: Retailer/CSP/Agents agrees that during the Term of the Agreement and 1(one) year after the termination of the Agreement, it will not engage in the following acts:
10.3.1. directly or indirectly assist, promote or encourage any other Retailer/CSP/Agents, Consumer existing or potential employees, customers, clients, or vendors of the Company or any other Retailer/CSP/Agents, as well as any other parties which have a business relationship with the Company to terminate, discontinue, or reduce the extent of their relationship with the Company;
10.3.2. directly or indirectly offer employment to, enter into a contract for the services of, or attempt to solicit or seek to entice away from the Company any individual who is at the time of the offer:(a)a director, officer or employee with the Company and its Affiliates; (b) client of the Company and/or its Affiliates; and/or (c) or procure or facilitate the making of any such offer or attempt by any other Person.
10.3.3. disparage the Company, any Related Entities, and/or any shareholder, director, officer, employee, or agent of the Company or any Related Entity and/or; 10.3.4. engage in any practice, the purpose of which is to evade the provisions of this Clause 10 or commit any act which adversely affects the Company, any Related Entity, or their respective businesses.
10.4. Disclosure of Confidential Information: Retailer/CSP/Agents acknowledges that the Confidential Information and all other confidential or proprietary information with respect to the business and operations of the Company and Related Entities are valuable, special, and unique assets of the Company. Accordingly, Retailer/CSP agrees not to, at any time whatsoever either during or after the term of this Agreement disclose, directly or indirectly, to any Person, use or authorize any Person to use, any Confidential Information without the prior written consent of the Company.
10.5. Prevention of Premature Disclosure of Confidential Information and Trade Secrets: Retailer/CSP/Agents agrees and acknowledges that, because the success of the Company is heavily dependent upon maintaining the secrecy of the Company’s Confidential Information and Trade Secrets and preventing the premature public disclosure of the Company’s proprietary information and technology including its Confidential Information and Trade Secrets, the Retailer/CSP/Agents agrees to use his best efforts and highest degree of care, diligence, and prudence to ensure that no Confidential Information, Trade Secret prematurely leaks or otherwise prematurely makes its way into the public domain or any public forum, including, without limitation, into any trade publications, internet chat rooms, social media platforms or other similar forums.
10.6. In the event that the Retailer/CSP/Agents becomes aware of any premature leak of Confidential Information or Trade Secret or becomes aware of any circumstances creating a risk of such a leak, the Retailer/CSP/Agents shall immediately inform the management of the Company, of such leak or of such circumstances.
10.7. Use, Removal and Return of Proprietary Items:
10.7.1. Retailer/CSP/Agents shall utilize the Proprietary Items only to the limited extent of undertaking the Services in accordance with the terms of this Agreement and as instructed from the Company from time to time.
10.7.2. Retailer/CSP/Agents shall not and ensure that the Consumers shall not utilize the Platform and/or Company Services in any manner that is not explicitly permitted in the Agreement.
10.7.3. Retailer/CSP/Agents shall not and ensure that the Consumers shall not transmit by any means, electronic or otherwise, any Proprietary Items.
10.7.4. Retailer/CSP/Agents recognizes that, as between the Company and the Retailer/CSP/Agents, all of the Proprietary Items, whether or not developed with the assistance of the Retailer/CSP/Agents, are the exclusive property of the Company. Immediately, upon termination of this Agreement (regardless of the reason for termination), or upon the request of the Company during the term of this Agreement, the Retailer/CSP/Agents shall return to the Company all the Proprietary Items, Confidential Information, Trade Secret or any part thereof in Retailer/CSP/Agents possession or subject to Retailer/CSP/Agents control, and the Retailer/CSP/Agents shall not retain any copies, abstracts, sketches, or other physical embodiment of any of the Proprietary Items, Confidential Information, Trade Secret or any part thereof.
11.1. During the Term, Company hereby grants Retailer/CSP/Agents a limited non-exclusive, non-transferable, non sub-licensable, non assignable, right to use the Platform and Software solely for the purpose of provision of the Services as contemplated under this Agreement, which may be revoked by Company at any time and without assigning any reason at its discretion.
11.2. Retailer/CSP/Agents shall not sublicense, assign or otherwise transfer the Software to any Person and is expressly prohibited from distributing, sublicensing, assigning, transferring or otherwise, the Software, or other technical documentation pertaining thereto, or any portions thereof in any form.
11.3. Retailer/CSP/Agents may utilize any third party software other than the Software only with Company’s prior written consent. Further, the Retailer/CSP/Agents shall ensure that such third party software is validly licensed and installed.
11.4. Further, Subject to the provisions of this Agreement, Company hereby grants a temporary, limited, revocable, conditional, non-exclusive, non-sub-licensable, non-transferable right to use the Intellectual Property, during the Term and solely for the purpose of and to the extent necessary for providing the Services and in accordance with the directions and specifications as, from time to time, communicated or approved by Company in writing.
11.5. Company shall retain all rights over all its Intellectual Property, including the Software and/or Platform, its name and logo and all rights relating to the publicity and marketing materials. Retailer/CSP hereby acknowledges that:
11.6. Retailer/CSP hereby agrees and undertakes that at any time:
Retailer/CSP/Agent shall indemnify, defend and hold Company and Related Entities harmless (including their respective employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest and expenses (including without limitation attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises or relates to:
13.1. Retailer/CSP/Agent acknowledges and agrees that occasionally there may be information on the Platform or in the Website that contains typographical errors, inaccuracies or omissions that may relate to product or services descriptions, pricing, promotions, offers, transaction times etc. Company reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel transactions if any information in Website and/or Platform is inaccurate at any time without prior notice.
13.2. It is hereby agreed and clarified by the Parties for avoidance of doubt that Company shall not be responsible for any of its obligations under this Agreement including with respect to Company Services due to reasons beyond Company’s control such as down time of servers, viruses, strikes, technical snags, system compatibility, natural calamities, acts of war, terror etc. Retailer/CSP/Agent agrees to not hold the Company liable for any delay or adverse effect caused due to the occurrence of such an event.
14.1. Jurisdiction: This Agreement shall subject to the provisions of Clause 14.2, be subject to the exclusive jurisdiction of the courts of New Delhi.
14.2. Dispute Resolution: Parties shall attempt in good faith to resolve any disputes, differences or claims arising out of or relating to this Agreement promptly by negotiation amongst Retailer/CSP/Agent
and Company.14.3. Entire Agreement: This Agreement, terms and conditions provided in the Website and/or Platform (as amended from time to time) and any documents referred to in it contain the entire agreement between the Parties, and supersedes any prior agreements, representations or communications, written or oral, amongst them relating to its subject matter.
14.4. Right to Amend: Notwithstanding anything contrary in this Agreement, Company has the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Company Services and/or Platform without notice that Company in its sole discretion deems to be reasonable in the circumstances after the publication of any such changes shall constitute acceptance of this Agreement by the Retailer/CSP/Agents as modified. However, any dispute that arose before the modification shall be governed by the Agreement (including the binding individual arbitration clause) that was in place when the dispute arose.
14.5. Relationship: Nothing in this Agreement shall be deemed to constitute a partnership between the parties or constitute either Party the agent of the other for any purpose. Either Party shall have no authority, without the prior written consent of an executive officer of the other Party, to: (a) create any obligation or responsibility on the part of the other Party; (b) legally bind or obligate the other Party in any other manner; or (c) supervise or direct any of the other Party’s employees.
14.6. Partial Invalidity :If any provision of this Agreement or the application thereof to any Person or circumstance shall be invalid or unenforceable to any extent for any reason including by reason of any Applicable Law, the remainder of such provision and/or this Agreement and the application of such provision to persons or circumstances other than those which are held to be invalid or unenforceable shall not be affected thereby, and each remaining provision of this Agreement shall be valid and enforceable to the fullest extent permitted by Applicable Law. Any invalid or unenforceable provision of this Agreement shall be replaced with a provision, which is valid and enforceable and most nearly reflects the original intent of the invalid and unenforceable provision.
14.7. Notices:
Any amendment, notice, or other communication under this Agreement by Retailer/CSP/Agent to Company shall be sent by personal delivery or courier or email/facsimile or by registered mail at the addresses set forth below (or at such other address or through such other medium as the Company may previously have notified Retailer/CSP/Agent in writing):
Address | UG--5, Relipay House, Plot No. 42 DLF Industrial Area Kirti Nagar New Delhi-110015 |
---|---|
Info@rnfiservices.com | |
Attention: |
To Retailer/CSP/Agents
Any amendment, notice, or other communication under this Agreement by Company to Retailer/CSP shall be sent either by: (a) personal delivery or courier or email/facsimile or by registered mail as provided at the time of Onboarding; (b) communication on the Website and/or Platform; or (c) at such other address or through such other medium as the Company may previously have notified Retailer/CSP/Agents in writing.
14.8. Waiver: The failure to exercise or delay in exercising a
right or remedy provided by this
Agreement or by law does not constitute a waiver of the right or remedy or the waiver of other
rights or remedies. No single or partial exercise of a right or remedy provided by this
Agreement or by law prevents further exercise of the right or remedy or the exercise of another
right or remedy. Any waiver must be in writing and signed by the Party sought to be bound.
Further I hereby waive off my right to challenge this term and condition including but not
limited to any defense, counterclaim, or other legal challenge and agrees to be bound by term
and condition. This waiver is binding upon me and my successors, and assigns.
14.9. Assignment: This Agreement, or any right or interest herein, shall not be assignable by the Retailer/CSP/Agents except with the prior written consent of the Company. Company shall be free to assign this Agreement, or any right or interest herein, to any Person including but not limited to Related Entities.
14.10. Rights of Retailer/CSP/Agents: The rights granted to the Retailer/CSP/Agents under this Agreement are non-exclusive, and the Retailer/CSP/Agents acknowledges that Company has and retains all rights except those expressly granted to the Retailer/CSP/Agents under this Agreement.
14.11. Specific Performance: Retailer/CSP/Agents agree that damages may not be an adequate remedy and that they shall be entitled to an injunction, restraining order, right for recovery, suit for specific performance or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain Retailer/CSP/Agents from committing any violation or enforce the performance of the covenants, representations and obligations contained in this Agreement. These injunctive remedies are cumulative and are in addition to any other rights and remedies the Company s may have at Applicable Law or in equity, including a right for damages.
14.12. Survival: The provisions of this Agreement, which by their nature are intended to survive the termination or expiration of this Agreement, including without limitation, the provisions of Clause 10 (Non-compete, Non-solicitation and Non Disclosure Covenants), Clause 8(Representations and Warranties), Clause 12 (Indemnity) and Clause 14 (Miscellaneous) shall survive the termination of this Agreement.
Agent TERMS AND CONDITIONS
These terms and conditions for appointment as BC Agent of RNFI Services Private Limited (“Terms and Conditions”/ “Agreement”) shall apply to and govern the commercial arrangement between RNFI Services Private Limited and the BC Agent with respect to matters as provided herein.
Background
Pursuant to RNFI Services Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at UG-5, Relipay House, Plot No. 42 DLF Industrial Area Kirti Nagar New Delhi West Delhi DL 110015 (“RNFI”) being appointed as the Business Correspondent (“BC”) of various banks (“the Bank”), RNFI proposes to appoint some of the Retailer/CSP/Agents appointed by it (“Retailer/CSP/Agents”) as agents to carry out various Banking and Financial Services of the Bank (“BC Services”) also, more particularly described in the scope of work for as Business Correspondent Agent (“BC Agent”) of the Bank herein.
The Retailer/CSP/Agents hereby applies and agrees to be appointed as the BC Agent of the Bank through RNFI as BC for the purposes mentioned herein.
The Retailer/CSP/Agents hereby agrees and undertakes the following:
The Retailer/CSP/Agents on being appointed as BC Agent hereby agrees and undertakes to abide by the Terms and Conditions mentioned herein:
1. OFFERING OF BC SERVICES
(a) All services shall be provided solely through RNFI's portal or are recorded therein and no offline transactions are permitted.
(b) Under no circumstances, fake/false receipts should be issued by the BC Agent for the willful fraud transaction done by the BC Agent which is not transacted through RNFI’s software/portal. However, if any BC Agent is found and/or discovered doing any such malicious/wrong/willful/fraudulent acts and/or offline transactions, it shall be liable and charged for such civil/penal and criminal acts by and under applicable laws including but not limited to the Indian Penal Code 1860 and Criminal Procedure Code 1973.
(c) The BC Agent hereby agrees that the offering of BC Services by the BC Agents to the general public shall be at the sole discretion of RNFI and RNFI reserves the right to offer/continue to offer and/or discontinue offering the BC Services through the BC Agent, at any time for any reason(s) as may be deemed fit by RNFI, from time to time.
2. USE OF BC AGENTS'S PREMISES FOR BC SERVICES
The BC Agent shall for the BC Services, undertake to use its premises solely for the Bank and confirms that BC Agent's premises are neither being currently used and nor during the Term will be used for any BC Services of any other banks. Provided however, nothing in this Clause 2 shall prevent the BC Agent using its premises for undertaking any activities as the Retailer/CSP/Agents of RNFI.
3. WORKING LIMIT
The BC Agent shall keep and undertakes to maintain adequate balance as the working limit that the BC Agent maintains with RNFI, in advance, at all times in order to ensure timely settlement of transactions and to ensure seamless service to the general public.
4. SCHEDULE OF CHARGES
RNFI will provide Schedule of Charges containing details of fair and reasonable charges/fees, which can be collected from the BC’s customer for delivery of BC Services through the business correspondent model available on the RNFI portal/website. The BC Agent hereby agrees and undertakes not to charge the customer any additional amount whatsoever, in any manner whatsoever, subject only to what is provided for in the Schedule of Charges, provided by RNFI, for offering the BC Services to the general public.
5. PENALTIES FOR OVERCHARGING
(a) A very stringent action will be taken by RNFI against BC Agent upon receipt of a written complaint or upon receipt of investigation/mystery shopping report to the effect that the said BC Agent has/had charged the customer over and above the stipulated “Schedule of Charges” for any of the BC Services from the customer.
(b) Such action will include but not limited to, issuance of a show cause notice and levying penalty of Rs.500/- (Rupees Five Hundred only) at the first instance or any higher amount as per the bank instructions.
(c) If upon receipt of another complaint / investigation/mystery shopping report on the same issue and subject matter, RNFI shall apart from levying penalty, shall take appropriate action against the said BC Agent. The proposed action/s shall include but not limited to suspension of the BC Service activated for such BC Agent.
6. STATUTORY OBLIGATIONS OF THE BC AGENTS
(a) The BC Agent undertakes to prominently display the BC Services related statutory display material in its premises as intimated to the BC Agents by RNFI from time to time.
(b) The BC Agent undertakes to educate/handle the queries of the general public/customers adequately on the BC Services including features and applicable charges of the Bank thereof, so as to ensure obviation of misrepresentation and product wrong selling.
(c) In addition to creating awareness about BC Services, the BC Agent shall take pro-active steps to educate customer on aspects like transaction/ bank charges (as applicable), terms and conditions of each product/service offered and grievance redressal mechanism.
(d) The BC Agent undertakes to keep the Customer Registration and KYC related documents in its safe custody, if applicable and will do further processing as per the instruction(s) of RNFI provided under guidance of Bank, issued from time to time. Any loss/damage/ default, failure, misfeasance, bad faith, disregard of its duties and obligations hereunder, service, act or omission shall be the obligation and liability of the BC Agent.
(e) The BC Agent also undertakes to be liable and responsible for safekeeping and return in good condition and order all of the RNFI and/or Bank's property in whatsoever nature, which may be in its use, custody or charge.
(f) The BC Agent undertakes not to publish any article or statement, deliver any lecture or broadcast or make any communication of whatsoever nature to the press, including magazine publication relating to RNFI and/or any of the Bank's products/services or to any matter with which RNFI/Bank may be concerned, unless the BC Agent have previously applied to and obtained the written permission from RNFI/Bank.
(g) RNFI/the Bank/Reserve Bank of India (RBI) may inspect/audit the BC Agent as per their respective requirements from time to time. The BC Agent hereby agrees and confirms to use its reasonable endeavors and extend full and complete co-operation for and during such inspection and/or audit and keep RNFI duly informed and appraised of such inspections and/or audits.
(h) The BC Agent undertakes to abide by and comply with all the guidelines, rules and regulations for offering the BC Services of the Bank as applicable and /or intimated by RNFI from time to time.
(i) BC Agent’s shall follow the Do’s and Don’t as issued by competent authorities from time to time.
7. CONFIDENTIALITY
(a) The BC Agent undertakes to always keep confidential and not to disclose, divulge or make public, any of the RNFI's/Bank's technical or other important information which might come into my/ our possession during the continuance of its assignment with RNFI as the BC Agent of Bank, during or after termination of engagement with RNFI for the BC Services of Bank.
(b) The BC Agent undertakes to always keep the data and information of the general public/customer generated due to the offering of the BC Services by the BC Agents, completely confidential and that under no circumstances the same would be shared with any other entity, save and except RNFI/Bank, without explicit prior written approval of RNFI/Bank.
(c) The BC Agent undertakes to maintain utmost secrecy in respect of commercial offer, product design documents, technology, software packages, license, RNFI's polices, RNFI’s patterns & trade mark and/or any other RNFI’s and/or Bank's products/services offered from time to time by RNFI and any such confidential information which shall be of significant importance to this Terms and Conditions.
8. INDEMNITY
The BC Agent hereby undertakes to indemnify, defend and hold harmless RNFI, its affiliates, officers, directors, employees, agents, successors and assignees (collectively the “Indemnified Parties”) from and against all claims, damages (special or consequential), losses and expenses, including court costs and reasonable fees and expenses of attorneys, expert witnesses and other professionals, arising out of or resulting from:
(a) Any action by a third party against the Indemnified Parties that is based on any negligent act, material omission or willful misconduct of the BC Agent and which results in:
(b) Any loss, damage or prejudice suffered by any of the Indemnified Parties due to the breach by the BC Agent of any applicable laws, by-laws, regulations and guidelines;
(c) Any loss, damage or prejudice suffered by any of the Indemnified Parties due to the BC Agents representing/providing wrong information to third parties on RNFI's behalf without prior, specific written authorization from RNFI;
(d) Any loss, damage or prejudice suffered by reason of any claim or proceeding by any third party against any of the Indemnified Parties due to the infringement of RNFI’s intellectual property by the BC Agent during the provision of the services;
(e) Any loss, damage or prejudice suffered by any of the Indemnified Parties due to any claim made by the BC Agent against RNFI for non compliance with any labour laws; and
(f) Any misrepresentation of any representation or warranty of the BC Agent under these Terms and Conditions.
9. TERMINATION
The appointment of the BC Agent under these Terms and Conditions is in addition to its appointment as the Retailer/CSP/Agents and shall remain valid unless terminated pursuant to this Clause 9 (referred to as “Term”):
10. JURISDICTION
In the event of any dispute, this writing/Agreement shall be governed by and construed in accordance with the laws of India and both parties hereby submit to the exclusive jurisdiction of the courts of new Delhi.
11. GENERAL
SCOPE OF WORK FOR BC AGENTS OF BANK THROUGH RNFI SERVICES PRIVATE LIMITED OBJECTIVE
To provide BC Services as the BC Agent of the Bank through RNFI as envisaged by [RNFI /Bank] from time to time. As per the Reserve Bank of India (“RBI”) guidelines, the BC Agent shall perform the BC Services as specified below and such other services as may be directed by Bank, from time to time, as per the terms and conditioned herein and as per specific instructions of / guidelines specified / stipulated by RNFI and/or Bank from time to time.
SCOPE OF WORK
The scope of services to be performed by the BC Agent can be modified in conformation with RBI
guidelines/ regulations, from time to time by the Bank, and the BC Agent shall perform its
obligations
in accordance with such modified scope. The processes set out in this writing may also be modified
by
the Bank and communicated through RNFI, to the BC Agent from time to time. RNFI with the help of the
Bank shall ensure prior adequate training and awareness about each BC Service/s to the BC Agent on
such
BC Service(s) that RNFI would envisage and offer to the general public through the BC Agent, from
time
to time. The BC Agent shall abide by the specific Terms and Conditions, if any, as may be instructed
/
intimated and/or brought to the notice of the BC Agent, in addition to and/or other than those
contained
herein, from time to time, with regards to any of the BC sub-services.
SCOPE OF SERVICE
RNFI as the BC of the Bank will offer Financial service or BC Services to the general public through
the
BC Agent. The Financial service or BC Services will facilitate any common man to remit money to
his/her
family, friends and/or business associates through the BC Agent. RNFI will provide/make available
the
necessary software registration to the BC Agent. RNFI will also adequately train the BC Agent in
using
the software registration for the purposes of offering the Remittance Services. The broad scope of
activities may include but shall not be limited to the following: -
DECLARATION
I hereby declare that the name as appearing in this platform, on my ID card and in the Address Proof are mine.
I hereby apply to become a BC Agent of the BANK through RNFI Services Private Limited (RNFI) for facilitating/distributing/providing different product/services (“BC Services”) facilitated/ provided/ introduced/distributed/ made available by the Bank / RNFI Services Private Limited. If appointed as BC Agent, I agree and confirm to abide by the rules and regulations of RNFI Services Private Limited/the Bank that may be in force from time to time. I hereby confirm I am competent and capable of the work assigned to me by RNFI. I declare that the above information is true, correct and fair to the best of my knowledge and belief, and I further undertake to submit all necessary document/s, paper/s, proof/s, information and agreement as required by RNFI now or from time to time. I further declare that I have read all the terms and conditions for appointment as BC Agent and I am ready to act as per such terms and conditions and all other terms and conditions informed to me by RNFI/Bank from time to time. I shall be liable/responsible for any breach of any of the terms/conditions mentioned by RNFI. I shall be solely exclusively and absolutely liable/responsible for my act/s/omission/s which shall be harmful (cost/consequence) to RNFI/its Affiliates/banks. I also authorize RNFI Services Private Limited to withhold any brokerage / commission / fees / charges / deposit due to me, if any, till submission of the said documentation, papers, information, proofs and agreement to the satisfaction of RNFI Services Private Limited.
I further authorize and give my consent to the RNFI (and its service providers), for following informed purposes:
I understand that the Aadhaar number and core biometrics will not be stored/ shared except as per law and for CIDR submission. I will not hold the RNFI or its officials responsible in the event this document is not found to be in order or in case of any incorrect information provided by me.
I have read and fully understood and abide by the contents of the term and conditions herein.
BY PROVIDING YOUR CONSENT AND THIS PLATFORM YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USER, YOU MAY NOT USE THIS PLATFORM HOWEVER IF YOU WANT TO NEGOTIATE/CHANGE/MODIFY ANY TERM AND CONDITION YOU CAN WRITE US ON THE GIVEN MAIL ID, WE WILL CHECK THE SUGGESTED MODIFICATION AND UPDATE YOU THROUGH MAIL ACCORDINGLY.
Self-Declaration
I / We hereby declare that I/ We have read and understood all terms and conditions of this Agreement and I can read and understand the English language. Accordingly, I /We would wish to be appointed as the Retailer/CSP/Agents for the Company. I/We fully understand that my/ our engagement with the Company as Retailer/CSP/Agents is conditioned upon the terms and conditions of this Agreement (as amended from time to time) and I / We hereby give my consent to be bound by provisions of this Agreement.