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Agreement Form Undertaking Govt of India

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  AGREEMENT FORM UNDERTAKING GOVT OF INDIA OXYGEN CSP Terms and Conditions for Application Form Version 1.1 UNDERTAKING I ______________________________________________________________ Son of / Daughter of __________________________________________________________________, Resident of___________________________________________________________________________  ____________________________________________________________________, do here by undertake as below; 1. That I have applied to OXYGEN CSP , for becoming its retailer, at my own will; 2. That the activation of each service provided by OXYGEN CSP is subject to approval to be received from the competent authorities and time taken by these authorities is not certain; 3. That in the event of partial activation of services, I shall not cause any refund from the company and shall run the retail outlet with the activated services; 4. That the information provided in the application form are true & correct to the best of my knowledge and belief. If the same appears to be false, I shall be liable to forfeit the fees paid to the company, if any, and forego the opportunity of becoming the retailer; 5. That the fees paid to the company is for obtaining technical support and recharge portal and not for obtaining banking, non-banking or government services; 6. That I agree to the terms and conditions in Annexure I attached to this undertaking without any reservations. Signature of Retailer: _____________________________ OXYGEN CSP Terms and Conditions for Application Form Version 1.1 Annexure I TERMS AND CONDITIONS 1. PREAMBLE 1.1. The company is engaged in the business of establishing, identifying and authorizing Customer Service Points (CSP) and Retail Outlets (RO) of service providers and institutions (defined hereinafter). 1.2. The RETAILER wishes to become a Retailer of Company for providing electronic prepaid products and specified services being offered as a Business Correspondent (BC) by the Company from time to time on behalf of the various Service Provider (SP)/Institutions with whom the Company has distribution arrangements. 1.3. The Company wishes to appoint the RETAILER as a point of sale Retailer for electronically distributing the prepaid products/services of SP, specified services of banks through the Device or through Internet as per agreed terms and conditions. 1.4. The RETAILER can order prepaid products/services or can carry out specified services of institutions using the Device supplied by the Company or through Internet or Mobile in order to instantly download the same if sufficient balance of the RETAILER is available with the Company. 1.5. The Parties accordingly wish to record the basis of their agreement and their respective rights and obligations as under: 2. DEFINITIONS 2.1. In this agreement, including the schedules or annexure to this agreement, unless the context otherwise required, the words and phrases shall have the following meaning: 2.1.1. Retailer means Customer Service Point or merchant establishment who is willing to enter or has entered an agreement with OXYGEN CSP to provide Specified Services, to the end consumer. 2.1.2. Institution shall mean any bank, Non-Banking Financial Company, financial market intermediary or any other  organisation which has authorised OXYGEN CSP as their Business Correspondent . It is also clarified that a CSP can represent only one bank at any time. 2.1.3. Business Correspondent or “BC” includes channel partner, franchisee, co- ordinator, agent and distributor. 2.1.4. “Customer” shall mean customers of the Company (being the RETAILERs), or the customer of the RETAILERs, as the context may indicate. 2.1.5. “Correspondent” shall mean a District Head, Tehsil Head, State Head and Region Head appointed by the company to manage and propagate the services of the company as per the contracts ex ecuted with them separately. 2.1.6. “End User” shall refer to the customer of the RETAILER, to whom the RETAILER makes a sale of prepaid products/services or specified services. 2.1.7. OXYGEN CSP shall mean OXYGEN CSP (the Company) 2.1.8. “PIN Number” refe rs to a unique identification number, which upon input into end-users phone instrument grants the end-user a recharge of prepaid products/services as offered by the Signature of Retailer: _____________________________ OXYGEN CSP Terms and Conditions for Appl ication Form Version 1.1 Company. 2.1.9. “Recharge Voucher” refers to a physical recharge card with a PIN Number having the facility to top up the prepaid products/services as offered by the Company from time to time. In case of a PINLESS transaction, the recharge voucher will be called a recharge receipt. 2.1.10. “Non - refundable Deposit” refers to the initial amount paid by the RETAILER to the Company for the purpose of provisioning the Company's service(s) of mobile recharge distribution/ banking services as BC, to the RETAILER by providing him a login ID and a password and setup cost associated with it. Such money is a onetime cost to the RETAILER to begin service and is not refundable except under the schemes launched by the Company from time to time. 2. 1.11. “Security Deposit” refers to any security, cash or otherwise, given by the RETAILER to the Company for the purpose of provision of Device and or/prepaid products/services or any accessory by the Company. Such money will not carry any interest unless otherwise agreed specifically. 2.1.12. “SP” shall refer to any Service Provider with which the Company has an agreement to distribute products/services. 2.1.13. “Device” shall refer to electronic hardware instrument that are capable of accepting the input of data and communicating such data to various remote computer networks and interchanging information. Computer system with prescribed configuration and licensed Operating Software (OS) shall refer to electronic hardware devices capable of receiving data, its process and communicating output data through internet having login ID and password to be provided by bank for banking services. 2.1.14. “Software Program” shall refer to various Software Programs supplied by the Company that can be installed into Device or computer tills enabling the dispensation of prepaid products/services electronically. 2.1.15. “Effective Date” shall be the date of signing this agreement. 2.1.16. “Specified Services” means the services to be distributed by RETAILER, offered by an  Institution as specified services, from time to time and broadly described as under: (a) New Pension Scheme A/c (b) Application for Adhar Card (c) Auto Loans (d) Loan Against TDR/NSC/KVP etc. (e) Gold Loans and SME Loans (f) General purpose credit card (g) Kisan Credit Card (h) Current Account (i) No Frills Savings Bank A/c through RETAILER model (j) Term Deposit A/c (k) Recurring Deposit A/c (l) Mutual Funds on referral basis (m) Saving A/c other than No Frills A/c (n) Service provided at Common Service Centers of CSC eGovernance Services India Ltd. (o) any other services notified by the company time to time. 3. PROVISION OF DEVICE AND SOFTWARE 3.1. The Company agrees to supply, install, integrate and  commission a Device with requisite software at the RETAILER or through Internet or mobile that is capable of communication with the servers/network of the Company/ Banks for acceptance of orders of stock of prepaid products/services, electronic delivery of stock and dispensing electronic prepaid products/services or downloading/printing PINs for purchase by end-users of prepaid products/ services for facilitating specified banking transactions by electronic dispensing of services to the end users. 3.2. The Device/Internet/Mobile shall be operated at the RETAILER's cost. 3.3. OXYGEN CSP may levy software charges from RETAILER as per circulars/notifications issued from time to time. 4. SECURITY DEPOSIT/MINIMUM BALANCE 4.1. Unless otherwise agreed in writing, the RETAILER agrees to give a onetime Setup fees only Signature of Retailer: _____________________________ OXYGEN CSP Terms and Conditions for Application Form Version 1.1 to the Company for enrolling the RETAILER and setting him up as a registered RETAILER of the Company for the purpose of distributing prepaid products/services of various SPs or providing specified services either through the Device or through Internet or Mobile. 4.2. The RETAILER agrees to pay for the Device price, if any, as mentioned in the attached enrolment form. 4.3. The RETAILER agrees that the business done through this account will be as per the enrolment form, failing which the Company has the right to cancel this agreement and be refunded after the Device is received by the Company. 5. DISPENSATION OF SPECIFIED SERVICES 5.1. OXYGEN CSP shall have exclusivity at the CSP for specified services. Hence, CSP shall source and provide services of the bank authorized by OXYGEN CSP only. 5.2. RETAILER must have a reasonably good computer system with licensed software and adequate antivirus software to run the BC’s prescribed program. The cost and maintenance of computer system and software shall be borne by RETAILER. Any breakdown in hardware and software should be promptly informed to OXYGEN CSP. 5.3. RETAILER shall be provided necessary guidelines and support besides training to start business effectively. 5.4. RETAILER shall maintain secrecy of transaction carried by its customers according to Fair Practice Code of IBA. It will not resort to harassment and intimidation for lending and collection of dues from borrowers of its customers, relatives or their friends. 5.5. RETAILER shall issue receipts of transactions to customers generated through system and no manual receipt will be valid. Responsibility of issuing manual receipt shall be of RETAILER and non-compliance will result in cancellation of RETAILER. 6. CHARGES AND PAYMENTS 6.1. Payments for prepaid products/services purchased by the RETAILER shall be made in advance to the Company through the Correspondent or to the company. 6.2. The charges payable by the RETAILER for products/services ordered for various denominations of various SPs shall be an amount equivalent to the face value of the services thereof, less the discount applicable as may be stipulated by the Company from time to time. The initial discounts shall apply from the effective date as set out in this agreement. 6.3. Once an order placed by the RETAILER is executed and the products/services are delivered to the Device, all risks pertaining to that products/ services supplied by the Company shall lie with the RETAILER. The Company shall be entitled to charge the RETAILER any cash handling fee and/or other banking fees and/or other relevant administration fees that may be incurred by the Company as a result of the RETAILER depositing funds into the Company's account and/or for any debit instructions that the Bank may charge. 6.4. RETAILER shall be paid fees and commission by OXYGEN CSP as announced through circulars issued from time to time or as amended from time to time  and will be subject to TDS and other taxes as per the laws applicable. 6.5. The Company may charge fees from RETAILER like software or terminal upgradation fee or any other fee to recover the cost of upgradation/installation of software/terminal/any other equipment. 7. CANCELLATION / TERMINATION / FORFEITURE 7.1. This agreement may be terminated in the case of the Company by giving the RETAILER ten Signature of Retailer: _____________________________ OXYGEN CSP Terms and Conditions for Application Form Version 1.1 (10) days written notice or in case of the RETAILER by giving the Company ten (10) days written notice. 7.2. In case of termination of agreement or cessation of business as mentioned in clause 7.1. above, the RETAILER will be obligated to return the Device to the Company within next fifteen (15) days in good working condition. Failure to do so would entitle the Company to forfeit the Trading Balance and Security Deposit lying to the credit of the RETAILER. 7.3. The RETAILER shall not be given the refund, in any situat. 7.4. Should the RETAILER wish to cancel the agreement with the Company, it is the RETAILER's responsibility to return the Device or any other accessory in proper working condition from its outlet. 7.5. The Company reserves the right, at its sole and absolute discretion, to disconnect or suspend this arrangement to the RETAILER without explanation and without notice, should the RETAILER not fulfil any of his obligations herein or should the Company suspect that the RETAILER is not acting in good faith or should any fraudulent activity be suspected or for any reason whatsoever. The RETAILER shall be liable for any amount due or those that have become payable prior to the date of suspension/disconnection. 7.6. The Company has the right to forfeit the security deposit of the RETAILER along with unused Trading Balance in case the RETAILER neither has done any transactions using the terminal during the last thirty (30) days nor has returned the terminal in good working condition to the Company. 7.7. The amount of security deposit shall be returned to the RETAILER upon termination of this agreement only on fulfilment of all the obligations by the RETAILER, as stipulated herein. 7.8. The Company reserves the right to offset any payment due to it from the Security Deposit if any, payable to the RETAILER and shall also be entitled to appropriate, without prejudice, any such payment to any other liability, which, at its own discretion it deems, the RETAILER owes to the Company. 7.9. The Device is property of the company at all times. RETAILER/CORRESPONDENT has no right, whatsoever, on the ownership of terminal or any other asset provided by the company. Upon forfeiture, RETAILER/CORRESPONDENT is under real obligation to return the Device in good working condition. Failing to return terminal to company entitles company to recover the terminal along with cost of recovery of the terminal. 8. NO PARTNERSHIP 8.1. The Company, the correspondent and the RETAILER are independent businesses and the arrangement between them is purely contractual as governed by the terms and conditions of the respective agreement and nothing contained herein shall be interpreted in such a way as to imply that the Company, correspondent and the RETAILER are partners or employer/employees, joint undertakers or shareholders for any purpose whatsoever. 8.2. It is specifically agreed that the RETAILER shall not be deemed to be the agent of an institution, except in respect of banking transactions which gives rise to principal agent relationship by implication. 8.3. Neither RETAILER nor its employee shall be entitled to claim permanent absorption or benefit against the bank. 9. INDEMNITY 9.1. The Company is hereby exempted from and shall not be liable under any circumstances whatsoever to the RETAILER for any loss, damage, whether direct,
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