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ID - 1485456

Evaluation Warning: The document was created with [Link] for .NET.

Document ID - 1485456
SERVICE PROVIDER AGREEMENT

This Agreement is an electronic record in terms of the Information Technology Act, 2000 ("IT Act")
and rules thereunder, and is published in accordance with the provisions of Rule 3 (1) of the
Information Technology (Intermediaries Guidelines) Rules 2011. This electronic record is generated
by a computer system and does not require any physical or digital signatures.

This Agreement read with the privacy policy, disclaimers, rules of FINO Payments Bank Limited as
may be posted on FINO application, having domain name [Link] from
time to time, shall govern your duties, roles, responsibilities, obligation as a Service Provider as stated
in this Agreement. This Agreement applies to all persons who act as Service Provider.

By impliedly or expressly accepting these terms and condition of this Agreement, you, agree to act as
Service Provider, as defined below, with effect from the date of such acceptance and agree to be
bound by rules and policies of FINO Payments Bank Limited as posted on the FINO application from
time to time and corresponding hyperlinks if any. If you do not agree to be bound by the Agreement,
please do not access this FINO application/website or provide any Services as Service Provider
through this FINO application/website.

Changes to this Agreement

FINO Payments Bank Limited may change, modify, amend or update this Agreement from time to
time by publishing an updated version on the FINO application. By continuing to use the FINO
application, you will be deemed to accept the updated Agreement Terms and agree to be bound by
them.

Below terms and conditions of Business Correspondent (“Agreement”) are agreed on this the 28 Jun
2023

You Sanajit Das, S/o. Sasibhusan Das, aged 21 Years, an Indian habitant at BARAGHUNI, Jalpai Part
1,Purba Medinipur,Purba Medinipur,721656 bearing PAN No. HBLPD2979E hereinafter referred to
as “Service Provider” of the ONE PART;(which expression shall unless repugnant to the context, be
deemed to include his/her heirs, administrators, executors, legal representatives, successors and
assigns)

AND

FINO PAYMENTS BANK LTD, a Public Limited Company incorporated under the provisions of the
Companies Act 2013 and also a Banking company under the provisions of the Banking Regulation Act
1949 and having its registered office at Mindspace Juinagar, 9th Floor, Plot No. Gen 2/1/F, Tower
1,TTC Industrial Area, MIDC Shirwane, Juinagar, Navi Mumbai-400706, (hereinafter referred to as the
"The Bank" ) of the OTHER PART; (Which expression shall unless to it be repugnant to the context or
meaning thereof be deemed to include its succession in office, Board of directors, Administrators,
executors and assigns)

WHEREAS

Date Time
Merchant Accepted These Terms &
Conditions on 28 Jun 2023 [Link] PM
Bank Accepted These Terms & Conditions
on 28 Jun 2023 [Link] PM
1
Document ID - 1485456

The parties above named are referred to individually as “the Party” and collectively as “the Parties”.

The Bank inter alia is an entity registered as a Banking Company incorporated and registered under
the provisions of the Companies Act, 2013 and Banking Regulations Act, 1949 and acting as Payments
Bank as per guidelines issued by the Reserve Bank of India and is engaged in the business of payment
banking and has business arrangements with other entities ( Clients) for providing payment and
collections services.

The Service Provider has appropriate infrastructure and expertise in providing various support
services in connection with increasing the outreach of operations of Banks, Financial Institutions,
Government and E-Commerce companies and ensuring greater financial inclusion within areas
allotted.

The Service Provider has shown keen interest and has approached the Bank to be appointed as one
of the Bank’s Service Provider, on a non-exclusive basis for the purpose of carrying out specified
services to support the business of Payments Bank and other payment services and the Bank has
agreed to appoint the Service Provider on terms and conditions as contemplated hereunder that
have been agreed by and between the Parties hereto.

This Agreement constitutes the complete and exclusive understanding and agreement of the parties
and supersedes all prior understandings and agreements, whether written or oral, with respect to the
subject matter hereof.

The parties hereto are desirous of recording the said terms and conditions.

DEFINITIONS:-

‘Applicable Laws’ shall mean all statutes, enactments, acts of legislature or parliament, ordinances,
rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any
government, statutory authority, tribunal, board or court in India including but not limited to RBI
Guidelines.

nd th
‘Business Day’ shall mean a day (other than a 2 and 4 Saturday in a month, Sunday or a public
holiday) on which banks are generally open for business in the states of the Service Provider’s
operations;

‘Control’ in relation to an entity, shall mean: (i) the legal or beneficial ownership directly or indirectly
of more than 50 % of the voting securities of such entity or; (ii) controlling the majority of the
composition of the board of directors or; (iii) power to direct the management or policies of such
entity by contract or otherwise;

‘Customer’ shall mean (i) existing account holders/ customers of the Bank and (ii) a person identified
by the Service Provider and communicated to the Bank including but not limited to the prospective
customers of the Bank (iii) customers, employees or any other associated parties of the Banks client
for availing the various specified services.

Date Time
Merchant Accepted These Terms &
Conditions on 28 Jun 2023 [Link] PM
Bank Accepted These Terms & Conditions
on 28 Jun 2023 [Link] PM
2
Document ID - 1485456

‘Payment Services’ shall mean managing cash transactions which are provided by The Bank to its
customers and to its clients where the distribution points / Agent Points of FPBL and the Service
Provider will be utilized for the purpose of cash deposition by the customers, employees or any other
associated party of the Banks clients

“Client” shall mean the client of The Bank who seeks Payment Services from The Bank and has
separate arrangement with the Bank.

Fees’ means the consideration for the services provided by the Service Provider and computed in the
manner prescribed herein under this agreement.

“KYC” means Know Your Customer. It is a process by which banks obtain information about the
identity and address of the customers. This process helps to ensure that banks' services are not
misused.

‘Services’ means services as specified in Annexure A of this agreement.

The following rules of interpretation shall be followed while interpreting this Agreement:

(i) The captions and headings are for convenience of reference only and shall not be used
to construe or interpret this Agreement.
(ii) The use of words in the singular or plural, or with a particular gender, shall not limit the
scope or exclude the application of any provisions of this Agreement to any person or
persons or circumstances except as the context otherwise permits.
(iii) The terms “hereof”, “herein”, “hereto”, “hereunder” or similar expressions used in this
Agreement mean and refer to this Agreement and not to any particular clause of this
Agreement. The term “clause” means and refers to the clause of this Agreement so
specified.
(iv) Reference to any legislation or law or to any provisions thereof shall include references
to any such law as it may, after the date hereof, from time to time, be amended,
supplemented or re-enacted, and any reference to a statutory provision shall include any
sub-ordinate legislation made from time to time under that provision.
(v) Reference to the word “include” or “including” shall be construed without limitation.
(vi) Annexures and Schedules annexed hereto shall be treated as an integral part of this
Agreement.

NOW THIS AGREEMENT WITNESSETH and it is hereby and hereto agreed by and between the parties
hereto as follows:

1. SCOPE OF WORK

1.1 The Service Provider shall render/provide services to the Customers through
technology/process with the help of application/ e-link as prescribed by the Bank from
time to time.
1.2 The nature of services and activities involved shall vary based on the type of offerings by
the Bank and Service Provider as mutually agreed as per Annexure A read with Schedule I
– Cash Management Services; to this agreement. The Service Provider being authorized
Date Time
Merchant Accepted These Terms &
Conditions on 28 Jun 2023 [Link] PM
Bank Accepted These Terms & Conditions
on 28 Jun 2023 [Link] PM
3
Document ID - 1485456

service provider to the Bank would be required to adhere to the guidelines/ policies as
prescribed by the Bank for undertaking the specified services. Further, the activities to be
undertaken by the Service Provider shall be within the normal course of the Bank's
banking business, but conducted through the Service Provider at places other than the
Bank premises/ATMs.
1.3 The Bank will fix the process and provide the same to the Service Provider for carrying
out the business in conformity to the RBI laws and regulations. The Bank reserves right to
change/modify process and the Service Provider shall be bound to abide by such
modified/changed process and perform its obligation in accordance with such modified
process.

2. TERM OF THE AGREEMENT

2.1 This Agreement shall commence on the date of Effective Date / acceptance and remain in
force unless terminated by the parties (Term). This agreement shall be effective from last
date of acceptance of the terms and conditions by the Service Provider or Bank
(“Effective date”).
2.2 The Term so mentioned is based on rough assessment of the existing & visible scenarios
relating to the execution and completion of the project. The time frame is, therefore,
flexible in either ways viz. it may extend or curtailed depending upon the actual
scenarios. This arrangement shall be co-terminus with the project.
2.3 Without prejudice, in case of breach of any terms of this Agreement by the Service
Provider, the Bank shall have right to terminate this Agreement before the expiry of the
Term without assigning any reason whatsoever to the Service Provider.
2.4 If a Party becomes insolvent, is dissolved or liquidated, files or has filed against it a
petition in bankruptcy, reorganization, dissolution or liquidation or similar action filed by
or against it, is adjudicated as bankrupt, or has a receiver appointed for its business occur,
then such Party shall promptly notify the other Party in writing that such event has
occurred. If any such insolvency event is not cured within ninety (90) calendar days after
such insolvency event, then the other Party shall have the right to terminate this
Agreement by giving written notice of termination to the other Party.
2.5 No modification to this Agreement shall be valid and enforceable unless executed in
writing and signed by the Parties hereto.

3. OBLIGATIONS OF THE SERVICE PROVIDER

3.1 In cases involving collection of cash from customers, as per the policy of the Bank, for
enabling the transaction the Service Provider shall initially register/input the information available
on application/e-link provided by the Bank. Such information may vary from product to product.
The Service Provider shall ensure correctness of every detail received from the customers and the
Bank will not be liable for any wrong transaction entered on account of such details.
3.2 In cases involving collection/ disbursement of cash from customers, the Service Provider
shall not be authorized to make any transaction without OTP unless authorized and
approved by the Bank.

Date Time
Merchant Accepted These Terms &
Conditions on 28 Jun 2023 [Link] PM
Bank Accepted These Terms & Conditions
on 28 Jun 2023 [Link] PM
4
Document ID - 1485456

3.3 In cases involving collection/ disbursement of cash from Customers, the Service Provider
shall immediately execute all the transactions and is not authorized to hold, retain cash
received from customers, except specifically provided elsewhere in the agreement.
3.4 The Service Provider hereby agrees and confirms to provide full support to the Bank for
selling products/rendering services.
3.5 The Service Provider shall attend and resolve all queries or clarifications and/or status
inquiries of the customer in relation to Services offered and the Service Provider shall
ensure to provide adequate steps/measures for fore said purpose.
3.6 The Service Provider agrees to provide adequate space for undertaking
Branding/Marketing activities. The Service Provider agrees to procure/ facilitate adequate
space available for product/service display/selling as per the guidelines of the Bank.
3.7 The Bank will introduce new product/services and provide Marketing material from time to
time and the Service Provider agrees to accept new products/services and marketing
material for promotion thereof.
3.8 The Service Provider agrees to take all necessary care and exert diligence while carrying
out transactions and performing services and shall be wholly and exclusively responsible
for any liability arising due to failure to do so.
3.9 The Service Provider in its all dealings with the third parties shall describe itself only as
“Service Provider” of the Bank and not under any other description or nomenclature.
Service Provider shall not describe itself as employee of the Bank nor shall it be entitled to
represent the Bank in any manner whatsoever.
3.10 Service Provider shall not(except in the normal course of the Bank’s business)publish any
article or statement, deliver any lecture or broadcast to make any communication to the
press, including magazine publication relating to the Bank’s products or to any matter with
which the Bank may be concerned, unless Service Provider has previously applied to and
obtained the written permission from the Bank.
3.11 Service Provider shall be required to maintain utmost secrecy in respect of Project
documents, commercial offer, design documents, Project cost & Estimation, Technology,
Software packages license, the Bank’s policies, Bank’s patterns & Trademark and the Bank’s
Human assets profile.
3.12 Service Provider shall be required to comply with all such guidelines, rules and regulations
as the Bank may convey from time to time.
3.13 Service Provider shall keep every financial, commercial, technical and/or all proprietary
information relating to the Bank’s and its Clients affairs or business strategies, trade
secrets, know how, or any records, files, data, customer details which is made available to
the Service Provider or its authorized representative either orally/written, via emails or any
information imparted to the Service Provider (“Confidential Information”), as strictly
confidential. Such Confidential Information shall not be disclosed/ divulged by the Service
Provider / its representative to any person either during the continuance of this
Agreement or after the termination.
3.14 The Service Provider shall not use the “Confidential Information” of Bank’s and its clients
for any purpose other than the performance of his/its obligations under this Agreement
and shall not exploit commercially, directly or indirectly, the Confidential Information
disclosed by the Bank.

Date Time
Merchant Accepted These Terms &
Conditions on 28 Jun 2023 [Link] PM
Bank Accepted These Terms & Conditions
on 28 Jun 2023 [Link] PM
5
Document ID - 1485456

3.15 Notwithstanding anything contained in the Agreement, the Service Provider or its Agents
shall not give or make any guarantees, warranties or representations on behalf of the Bank
other than or different from those provided by the Bank in writing.
3.16 The Service Provider shall not be engaged, dealt with or enter in to an agreement with any
competitors of the Bank or with the Banks Clients or any Bank/Organization engaged in
Promotion/sales of same/similar products and services.
3.17 Except as provided for in this Agreement, Service Provider shall not acquire a right to use
and shall not use without the Bank’s prior written permission in each instance, the names,
characters, artwork, designs, trade names, trademarks, or service marks of Bank for any
purpose and shall maintain all copyright, trademark, service mark or other intellectual
property rights from any infringement and comply with Bank’s reasonable requirements.
3.18 The Service Provider hereby agrees, confirms that the right, obligation & benefits under
this agreement shall not be assignable to any other person.
3.19 The Service Provider may issue an invoice/ receipt note for the services rendered to the
Bank/ Customer as the case may be.
3.20 The Service Provider shall only levy service charges as specified by the Bank. The Bank shall
have right to terminate the Service Provider agreement and may take legal action if the
Service Provider is found to have collected unauthorized service charges other than
specified by the Bank. The Bank may prominently display a schedule of charges on its
websites as well as at other places as per the guidelines of RBI.
3.21 The Service Provider shall be responsible for every transaction done through his account
and will be monitored by Bank.
3.22 The Service Provider shall not give access to system to any unauthorized person.
3.23 Notwithstanding anything contained herein above, the Bank may demand or call for KYC
documents and other relevant information of the Service Provider for providing Services.
In such situation, it is the Service Provider’s obligation and liability to provide the required
documents to the Bank in the stipulated time (bi-monthly or monthly) as communicated by
the Bank.

3.24 Verification of Identity of customers

a) The Service Provider hereby undertakes that it has read and understood all current
orders, directions, etc. issued by the RBI including the RBI Guidelines and/or as informed by
the Bank with respect to the KYC guidelines in relation to the Customers at the time of
activating the Services for the Customers. Service Provider will also comply with each and
every requirement of RBI, other regulatory body (where applicable) and the Bank with
respect to, inter-alia, filling of Enrollment Forms, procurement of identification proofs for
Customer/s. It irrevocably agree to ensure that Service Provider shall collect and furnish all
the prescribed documents and information relating to existing and the prospective
Customer/s viz. Enrolment Forms, Identification proofs, Photographs, Proof of Address etc.
for the purpose of verification of the Customer, both present and future, as required and
applicable.
b) The Service Provider shall assist and co-operate with the Bank in the process of
obtaining KYC documents and verification of KYC as and when the Bank requires. However,
ensuring compliance with KYC and AML norms continues to be the responsibility of banks.
c) Service Provider shall from time to time, forward to the Bank all the Enrolment Forms,
papers, documents, etc. collected from the customers within the time period specified by the
Date Time
Merchant Accepted These Terms &
Conditions on 28 Jun 2023 [Link] PM
Bank Accepted These Terms & Conditions
on 28 Jun 2023 [Link] PM
6
Document ID - 1485456

Bank. The forwarding/provisioning of the Enrolment Forms, papers, documents etc. to the
Bank shall not in any manner, reduce the responsibility and liability of Service Provider under
this Agreement. However, it is specifically agreed by the Service Provider that in case where
the Enrolment Forms and related documents are not made available within the time frame as
agreed between the parties, the same shall constitute a material breach under this
Agreement and shall constitute a cause for Termination of this Agreement by the Bank.
d) The Service Provider shall at all times maintain such record related to Enrolment Forms
as intimated by the Bank from time to time. Copies of these records may be called for by the
Bank at any time at its sole discretion and it shall be the responsibility of the Service Provider
to provide the same within the time stipulated by the Bank.

4. INSURANCE

4.1 The Service Provider shall make sure and obtain and maintain from time to time at its sole
expense throughout the performance of its obligations under this Agreement, all such
insurance coverage as may be considered necessary by the Service Provider.
4.2 In case of loss of cheques while in custody of the Service Provider, the Service Provider will
arrange to lodge the FIR/complaint at the nearest police station and arrange to submit the
same to customers and the bank.

5. OBLIGATIONS OF THE BANK

5.1 The Bank shall provide details of the products and services offered by the Bank, training and
requisite technical assistance (including infrastructure, and any other suitable details of
business to enable the Service Provider to perform services under this agreement.
5.2 The Bank shall at all times inform the Service Provider with the details of products and
Service charges, to be charged to the customers.

6. REDRESSAL OF GRIEVANCES

6.1 The Bank shall constitute Grievance Redressal Machinery within the bank for redressing
complaints about services rendered by the Service Provider and give wide publicity about it
through electronic and print media. The name and contact number of designated Grievance
Redressal Officer of the bank shall be made known and widely publicized.
6.2 The designated officer shall ensure that genuine grievances of customers are redressed
promptly. The grievance redressal procedure of the bank and the time frame fixed for
responding to the complaints shall be placed on the bank’s website. If a complainant of a
customer does not get satisfactory response from the bank within 60 days from the date of
his lodging the compliant, he will have the option to approach the Office of the Banking
Ombudsman concerned for redressal of his grievance/s.

6.3 Contact details including name, complete address, telephone / fax number, email address,
etc., of the Principal Nodal Officer needs to be prominently displayed in the web-portal of
the Bank preferably on the first page of the web-site so that the aggrieved customer can
approach the bank with a sense of satisfaction that she / he has been attended at a senior
level. The Bank shall also prominently display the details of the call center, website along
with the details of the Nodal Officer, Principal Nodal Officer and the Banking Ombudsman at
every Service Provider’s point at publically visible place.

Date Time
Merchant Accepted These Terms &
Conditions on 28 Jun 2023 [Link] PM
Bank Accepted These Terms & Conditions
on 28 Jun 2023 [Link] PM
7
Document ID - 1485456

7. RELATIONSHIP BETWEEN THE PARTIES

7.1 This Agreement is on principal to agent basis relationship between the Parties and shall not
be deemed to be the independent service provider, of the Bank.

7.2 The Service Provider or its Service Providers/directors, employees, agents shall be solely
responsible for all consequences that may result from non-observance of the above clauses, or
non-adherence of others instructions and guidelines as may be passed from time by the Bank.

8. REPRESENTATION OF THE SERVICE PROVIDER

8.1 The Service Provider hereby declares that it has financial soundness, an appropriate
management skills, cash handling ability, ability to implement technology solutions in
rendering financial services, the necessary infrastructure and organization required to act as
the Service Provider of the Bank. The Service Provider undertakes that during the Term of
this Agreement, it shall at its own risk and cost keep and maintain the Agent Points in
proper manner for selling the Products/providing services of the Bank to the customers and
procure/ facilitate sufficient man power for effecting and promoting sales and rendering
services and collections and keeping proper accounts.
8.2 The Service Provider shall be solely responsible for all expenses and obligations that may
arise out of its employment of any person including any person for the selling the products,
offering services and the Bank shall have no any concern in the same.
8.3 The Service Provider is capable, under the laws and regulations applicable to the Service
Provider and by providing the Services, the Service Provider shall not be in breach of applicable
laws and regulations. The Service Provider shall carry out its duties strictly in accordance with
the norms prescribed by BANK from time to time and shall submit all necessary document/s,
paper/s, proof/s, information and agreement as may be required by BANK from time to time.
8.4 All Services shall be provided solely through Bank’s Software/portal or are recorded therein
and no offline transactions are permitted.
8.5 The Service Provider hereby agrees that the offering of Services by the Service Provider to
the Customers shall be at the sole discretion of BANK and BANK reserves the right to
offer/continue to offer and/or discontinue offering the Services through the Service
Provider s, at any time for any reason(s) as may be deemed fit by BANK, from time to time.
However, BANK will provide prior intimation to the Service Provider s of any such act.
8.6 In addition to BANK Services, the Agent Points shall undertake to use its premises solely for the Bank
and confirms that Agent Points Premises are neither being currently used and nor will be
simultaneously used in future for any services and/or similar product offerings of any other Bank.

Date Time
Merchant Accepted These Terms &
Conditions on 28 Jun 2023 [Link] PM
Bank Accepted These Terms & Conditions
on 28 Jun 2023 [Link] PM
8
Document ID - 1485456

8.7 Use its best efforts to promote, and educate Customers and prospective Customers with
respect to, (i) the Service, (ii) all new product features, promotional schemes and other
enhancements to the Service, and (iii) Bank’s Business, brands and goodwill, including
through prominent display at its premises of promotional materials regarding the Service
that Bank provides to Service Provider from time to time and participation in sales
promotion exercises and schemes undertaken by the Bank from time to time.
8.8 The Service Provider undertakes to educate/handle the Queries of the general
public/customers adequately on the Services including features and applicable charges of
the Bank thereof, so as to ensure obviation of misrepresentation and product wrong selling.
8.9 In addition to creating awareness about Services, the Service Provider shall take pro-active
steps to educate customer on aspects like interest rate, Bank charges (as applicable), terms
and conditions of each product/service offered and grievance redressal mechanism.
8.10 The Service Provider undertakes to keep the Customer Registration and KYC related documents
in its safe custody and will do further processing as per the instruction(s) of the Bank, issued
from time to time. Any loss, damage, default, failure, misfeasance, bad faith, disregard of its
duties and obligations hereunder shall constitute a material breach of its obligation under this
Agreement. The Service Provider assumes the risk associated with handling of KYC.
8.11 The Service Provider also undertakes to be liable and responsible for safekeeping and
return in good condition and order all of the Bank’s property in whatsoever nature, at
Bank’s sole discretion which may be in its use, custody or charge.
8.12 The Service Provider undertakes not to publish any article or statement, broadcast or make
any communication of whatsoever nature to the press, including magazine publication
relating to the Bank and/or any of the Bank’s Services, unless the Service Provider have
obtained the prior written permission from BANK.
8.13 Service Provider agrees to provide all necessary assistance to the Bank, in the event the
Bank wants any of its representatives stationed at the Premises to promote any Service of
Bank or to suit any business model/ business need of the Bank.
8.14 The Bank at its own discretion or on RBI’s instructions may inspect/audit the Service
Provider as per their respective requirements from time to time. The Service Provider
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 the Bank duly informed
and appraised of such inspections and/or audits.
8.15 The Service Provider undertakes to abide by and comply with all the guidelines, rules and
regulations for offering the Services of the Bank as applicable and intimated by Bank from time
to time and will provide services in accordance with industry standards as applicable and with
such degree of skill, diligence, prudence and foresight which would reasonably and ordinarily be
expected from a skilled and experienced provider of services similar to the Services.
8.16 The Service Provider undertakes not to accept any gift, commission or any sort of
gratification in cash or kind from any person, party, firm or Bank having and/or dealing with
the Bank and if the Service Provider is offered any, the Service Provider (s) shall immediately
report the same to the Bank for the Bank to take appropriate actions.
8.17 The Service Provider undertakes to extend full co-operation to the Bank in case(s) of customer
grievance redressal insofar as relating to the Services offered by the Service Provider.
8.18 It undertakes that the employees who are engaged in providing the Services will not be
engaged in any manner whatsoever in providing Services of a similar nature to a competitor.

Date Time
Merchant Accepted These Terms &
Conditions on 28 Jun 2023 [Link] PM
Bank Accepted These Terms & Conditions
on 28 Jun 2023 [Link] PM
9
Document ID - 1485456

8.19 The Service Provider undertakes that cash collected from the Customer shall be
acknowledged by issuing a receipt through handheld device on behalf of the Bank.

8.20 The Service Provider will not undertake any activity for the Bank or which in any way violates
any provision of law with regard to the Service Provider or the Bank or which has not been
expressly authorized by the Bank except as allowed by Reserve Bank of India from time to time.

9. DATA PROTECTION

9.1 The Service Provider shall comply with all Data Protection Legislation and such compliance
shall include, but not be limited to, maintaining a valid and up to date registration or
notification (where applicable) under the Data Protection Legislation.
9.2 For the purpose of this Agreement, “Data Protection Legislation” means the legislation
and regulations relating to the protection of Personal Data and processing, storage, usage,
collection and/or application of Personal Data or privacy of an individual including
(without limitation):
9.3 the Information Technology Act, 2000 (as amended from time to time), including the
Information Technology (Reasonable Security Practices and Procedures and Sensitive
Personal Data or Information) Rules, 2011 (“Privacy Rules”), Section 43A of the
Information Technology Act, 2000, Regulation 4 of the Information Technology
(Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules,
2011, Regulation 3(1) of the Information Technology (intermediaries Guidelines) Rules,
2011and any other applicable rules framed there under;
9.4 all other banking industry guidelines (whether statutory or non-statutory) or codes of
conduct relating to the protection of Personal Data and processing, storage, usage,
collection and/or application of Personal Data or privacy of an individual issued by any
regulator to the Bank; and
9.5 any other Applicable Law solely relating to the protection of Personal Data and processing,
storage, usage, collection and/or application of Personal Data or privacy of an individual.

9.6 “Personal Data” shall have the same meaning as ascribed to the term ‘Sensitive Personal
Data or Information’ under the Privacy Rules (as amended from time to time).

9.7 The Service Provider shall only undertake the processing of Personal Data reasonably
required in connection with the performance of its obligations under this Agreement; and
in accordance with the Bank’s written instructions, and shall comply with all reasonable
procedures and processes notified by the Bank from time to time.

9.8 The Bank hereby instructs the Service Provider to take such steps in the processing of
Personal Data on behalf of the Bank as are reasonably necessary for performance of its
obligations under this Agreement.
9.9 The Service Provider shall not process or transfer any Personal Data without the prior
written consent of the Bank.

Date Time
Merchant Accepted These Terms &
Conditions on 28 Jun 2023 [Link] PM
Bank Accepted These Terms & Conditions
on 28 Jun 2023 [Link] PM
10
Document ID - 1485456

9.10 The Service Provider shall at all times have appropriate technical and organisational
measures in place acceptable to the Bank:-
a) To prevent unauthorised or unlawful processing of any Personal Data;
b) To protect any Personal Data against accidental loss, destruction or
damage;
c) To ensure the reliability of its employees/contractor having access to the
Personal Data;
9.11 On the Bank’s reasonable request, the Service Provider will:-
9.12 Provide a detailed, written description of the measures undertaken by the Service Provider
and the Service Provider’s compliance with those measures; and
9.13 Allow the Bank access to the Service Provider’s premises to inspect its procedures for the
processing of Personal Data;
9.14 If the Service Provider receives a request from any person for access to Personal Data or
any other request relating to the Bank’s obligations under the Data Protection Legislation
the Service Provider shall:-
9.15 Immediately notify the Bank; and
9.16 Provide full co-operation and assistance to the Bank in relation to any such complaint or
request including, without limitation:-
9.17 Providing the Bank with full details of any such request;
9.18 Providing the Bank with any Personal Data it holds in relation to any person in a form
specified by the Bank and within ten (10) days of receipt of the request from any person
or as otherwise stipulated by the Bank ; and
9.19 Comply with the data access request within the relevant timescales set out in the Data
Protection Legislation and in accordance with explicit authorisation to do so from the
Bank;
9.20 The Service Provider shall:-
9.21 immediately provide the Bank with full details of any complaint or allegation that the Bank
is not complying with the Data Protection Legislation; and
9.22 assist the Bank in taking any action that the Bank deems appropriate to deal with such
complaint or allegation, including without limitation, immediately providing the Bank with
any Personal Data it holds in relation to any person;
9.23 The Service Provider shall not sub-contract to any third party any of its obligations to
process Personal Data on behalf of the Bank unless all of the following provisions of this
Clause have first been complied with:-
9.24 The Service Provider has provided the Bank with such information as the Bank may require
to ascertain that such sub-contractor has the ability to comply with the provisions of this
Agreement; and
9.25 The Service Provider has obtained the prior written consent of the Bank; and
9.26 the proposed sub-contractor has entered into a contract with the Bank substantially upon
the terms of this clause;
9.27 Upon expiry or termination of this Agreement for any reason the Service Provider shall
immediately return, or at the Bank’s option, destroy any Personal Data held by it or its

Date Time
Merchant Accepted These Terms &
Conditions on 28 Jun 2023 [Link] PM
Bank Accepted These Terms & Conditions
on 28 Jun 2023 [Link] PM
11
Document ID - 1485456

Service Provider Personnel or subcontractors and issue a confirmation of compliance in

this regard to the Bank.

10. REPRESENTATION OF THE BANK

10.1 The Bank hereby declares that it has the necessary approvals/ license from the regulatory
authorities to provide services along with IT infrastructure and technical support to provide
the application/e-link or through API to the Service Provider to process the
transaction/provide the services.
10.2 The Bank hereby declares that the Bank will provide the necessary technical support to the
Service Provider, including but not limited to the training for using the application/e-link or
through API developed by the Bank. Service Provider shall ensure that the Service Provider
system that connects to the Bank network through API/web call, shall have adequate level
of anti-virus protection, and other operating systems with recommended latest patch. The
unauthorized software shall not be installed which may impact banks Network or systems.

11. CONSIDERATION

11.1 The Payment of the Fees by the Bank to the Service Provider for selling Products/services
shall be made in accordance Annexure B hereto:

11.2 The Bank at its sole discretion may revise the payment structure/pattern from time to time
in line with market condition or its internal policies.
11.3 The Bank shall not be held responsible for any unauthorized transactions at the Agent
Points and loss if any shall be borne by the respective Service Providers.
11.4 The amounts paid to the Service Provider, under this agreement, are inclusive of all taxes
(namely, Goods and Services Tax, etc.) levied under the current laws (including any
amendment or re-enactment thereof in future).Furthermore, as per the notification
issued by Central Board of Indirect Taxes and Customs under Central Goods and Services
Act, 2017 with regard to the Service Provider model, the Bank requires to take an
Undertaking cum Indemnity from the Service Provider for providing such Services to the
Bank in the format as attached hereunder this Agreement as Schedule – III.
11.5 Each Party shall be responsible for complying with the respective tax liabilities and other
statutes as applicable to it.
11.6 Nothing contained herein shall prevent the Bank from deducting tax at source as required
under any law or regulation. Apart from the payments agreed between the Parties hereto
no other payment shall be made by the Bank to the Service Provider for providing the
Services under this Agreement.

11.7 Without prejudice to its other rights, the Bank reserves the right to set off or adjust dues
or loss suffered by it on account of breach or non-compliance of the terms of this
Agreement from the working capital placed by the Service Provider with the Bank.

Date Time
Merchant Accepted These Terms &
Conditions on 28 Jun 2023 [Link] PM
Bank Accepted These Terms & Conditions
on 28 Jun 2023 [Link] PM
12
Document ID - 1485456

12. PENALTY& TERMINATION

12.1 If at any point in time, the Service Provider is found to be not adhering to the Bank’s
policies, procedures & standards or is found to be guilty of fraud, dishonesty,
disobedience, disorderly behavior, negligence, indiscipline or any other conduct
considered by the Bank as deterrent to the Bank’s and its client interest or of violation of
one or more terms of this Agreement, the Service Provider’s services may be terminated
without notice and on account of reason of any of the acts or omission the Bank shall
been titled to recover such damages from the Service Provider.
12.2 In the event of the Service Provider committing breach of any of the terms of this
Agreement, which in the opinion of the Bank is Curable, the Bank shall issue a notice to
the Service Provider, giving thirty (30) days time to cure the breach. On expiry of the thirty
days if the breach persists, the Bank may terminate the Agreement forthwith, without any
further notice.
12.3 Non-curable, the Bank may terminate this Agreement forthwith without any notice.
12.4 The Bank shall have the right to terminate this agreement at any point of time by giving
15 days notice to Service Provider.
12.5 Upon the termination of this Agreement for any cause whatsoever, the Service Provider
shall return all Bank assets, products/services/Promotional material owned by the Bank,
and/or any other pending material, KYC document, cash or financial instrument provided
by the customer as directed by the Bank. The Bank’s decision in this respect will be final
and binding on the Service Provider. The Service Provider shall return to the Bank all
instructions books and manuals, technical catalogues and other material, documents and
papers etc whatsoever sent to the Service Provider within thirty (30) days from the
termination of Services or termination of the Agreement whichever is earlier. The Service
Provider shall be responsible for safe keeping and returning Bank’s inventory/ marketing
branding material in good condition during subsistence of this Agreement or thereafter.
12.6 The Service Provider shall not accept any gift, commission or any sort of gratification in
cash or kind from any person, party or firm or other Bank with regard to the Services
rendered to the Bank and if Service Provider are offered any of such gratification, the
Service Provider should immediately report the same to the Management.
12.7 The Service Provider will not provide any gift, commission or any sort of gratification in cash
or kind to any person, party belonging to the Bank and if offered any, his services may be
terminated immediately without notice.
12.8 The Service Provider shall follow all the quality and hygiene factors as provided in the
Annexure-C as attached hereto. In the event of any violation of the same, the Bank is
authorized to terminate this Service Provider agreement without any further notice.
12.9 The Bank, at its sole discretion, may provide to the Service Provider suitable advertisement
support, technical and marketing guidance and staff training as and when it may deem
necessary. The Service Provider shall not use of the Bank’s logo/mark on any slips/receipts,
visiting cards, letter heads etc.
12.10 In the event of the Service Provider willing/wanting to terminate this agreement he/it has
to give/issue 30days notice in writing to the Bank along with the suitable reason for such
termination.
12.11 The Bank shall have discretion to terminate this Agreement and block wallet account,
application/ e-link or through API, immediately without any prior notice in the event of

Date Time
Merchant Accepted These Terms &
Conditions on 28 Jun 2023 [Link] PM
Bank Accepted These Terms & Conditions
on 28 Jun 2023 [Link] PM
13
Document ID - 1485456

low business performance/irregular business/non adherence to the terms and conditions

mentioned in the agreement or in case of any fraudulent and suspicious activities
observed.
12.12 Without prejudice, the Bank shall have right to terminate this agreement/engagement
offer before the expiry of the Term without assigning any reason whatsoever.
12.13 If the Registration details along with the self-attested copies of the document for
compliance provided by the Service Provider are proved to be bogus or fraudulent in
nature, then the Bank shall have sole discretion to termination the Agreement without
serving any prior written notice.
12.14 The Registration of the Service Provider may also be subject to verification by the Bank
and the Service Provider shall furnish/ provide self-attested copies of documents for
compliance of the Registration.
12.15 The Service Provider shall be bound to obey the terms and condition of this agreement
and in the event of any infringement, contravention to any of the terms of the agreement
will constrain to the Bank for taking strict legal action against Service Provider.
12.16 The Bank Shall directly Block the Service Providers BC Pool / wallet account, application
(Mitra App) / e-link [Link] access to Service Provider in the
event of non-usage or failing to transact in Partner Portal
[Link] / Mitra Application for a continuous period of 180
days or more and at its sole discretion, shall levy a Fees of Rs. 25/- inclusive of GST per
month ( Bank reserves its right to revise the non-usage fees at its sole discretion keeping
the Service Provider informed) charges to for all such blocked accounts until the merchant
raises request for unblock and transacts or issues notice intending to terminate as per
clause 12.10 above. Further, Such levied Fees shall be debited to BC Pool / Wallet
Account and if no sufficient balance, lien will be marked.

13. BUSINESS CONTINUITY PLAN

13.1 The Service Provider hereby confirms that it shall develop and establish a robust
framework for documenting, maintaining and testing business continuity and recovery
procedures and the same are tested periodically and agrees to test such business
continuity and recovery plan jointly with the Bank.

13.2 The Service Provider hereby agrees and understands that Services to be performed under
this Agreement shall continue to be offered under ordinary circumstances. In the event of
any difficulty in performing the required Services, the Service Provider shall make
reasonable efforts to make alternative arrangements to ensure that the required Services
are continued to be performed.

14. INDEMNITYAND DAMAGES

14.1 Service Provider shall indemnify and hold Bank and all its financial Partners / clients,
affiliates, officers, directors, employees, successors and assignees harmless against all
customer claims, actions, demands, suits and proceedings and against all losses, expenses,
costs, damages, charges, penalties due to any willful negligence, fraud, breach of applicable
laws or breach of any terms of this Agreement directly attributable to Service Provider.

Date Time
Merchant Accepted These Terms &
Conditions on 28 Jun 2023 [Link] PM
Bank Accepted These Terms & Conditions
on 28 Jun 2023 [Link] PM
14
Document ID - 1485456

14.2 Under no circumstances, whether based on contract, warranty, negligence, strict liability, or
otherwise, shall the Bank or its and/or its subsidiaries / Affiliates be liable for any special,
consequential, indirect, incidental or punitive damages of any kind or character, including
but not limited to, loss of profits or revenues, loss of product, loss of use, cost of capital and
the like, arising out of or related to any performance under or breach of this Agreement.
14.3 This clause shall survive the termination of this Agreement and shall be valid for the claims
or disputes which arose as a result of or pertaining to the duration hereof.
14.4 In addition to any other rights or remedies which the Bank may have by reason of any such
inconsistency, failure, breach, threatened breach or claim, the Service Provider will
reimburse the Bank, Bank and/or its licensees, successors or assigns, on demand for any
payment made at any time, in respect of any liability or claim in respect of which the Bank,
Bank and/or its licensees, successors or assigns are entitled to be indemnified hereunder.

15. INTELLECTUAL PROPERTY

15.1 As a part of this Agreement, the Bank as well as the Service Provider shall respect each
other's intellectual property rights and that of the Bank and its clients including without
limitation, patent, copyright, trade/service-mark(s), trade names(s), and logos (hereinafter
referred to as "the Intellectual Property Rights") and the provisions of this Agreement shall
not affect the Intellectual Property Rights of either of the Parties that were in existence on or
before the Effective Date of this Agreement.
15.2 Bank shall own the copyright/rights in all work products created by the Service Provider
under this Agreement.
15.3 Nothing contained herein shall at any time during the continuation of this Agreement or after
the expiry or earlier determination thereof give or be deemed to give or confer upon any
Party, any right, title or interest or claim in or to the Intellectual Property Rights belonging to
the other and shall continue to vest solely and absolutely in favour of the said Party. No
licenses or rights (including licenses or rights under patents) are granted either directly, by
implication, or otherwise under this Agreement.
15.4 Service Provider acknowledges and agrees that the Intellectual Property Rights of the Bank
and its clients shall not be used in any sales or marketing publication or advertisement or in
any other manner whatsoever without prior written consent of the concerned Party in
writing.
15.5 Service Provider shall also cooperate with the Bank and Bank to enforce its Intellectual
Property Rights created under the Agreement. Service Provider shall inform the Bank
immediately, if Service Provider learns of any infringement of any of Bank’s and its clients
intellectual property rights under the Agreement.

16. PRESERVATION OF RECORDS

16.1 During the Term of this Agreement and thereafter to the extent required by Applicable Law,
the Service Provider agrees that it will preserve the documents and data that are directly in
relation to the products and services and its obligations under this Agreement in accordance
with legal/regulatory obligation of the Bank. Upon reasonable advance notice, the Service
Provider shall provide copies of the documents and data to Bank and its auditors, attorneys,
and representatives, and Bank through or by its auditors, attorneys, and representatives shall
have the right to inspect the documents and data at the Service Provider’s location(s) for the
Date Time
Merchant Accepted These Terms &
Conditions on 28 Jun 2023 [Link] PM
Bank Accepted These Terms & Conditions
on 28 Jun 2023 [Link] PM
15
Document ID - 1485456

purpose of verifying that the products and services are being administered in a manner that
is consistent with the terms and conditions of this Agreement and Applicable Law. The
Service Provider shall ensure the preservation and protection of the security and
confidentiality of the Customers’ information in its custody.

16.2 The Service Provider hereby agrees to ensure to isolate and clearly identify all Customer
information, documents (in hard copies or soft files), computerized data/information,
records and assets to protect the confidentiality of the Customers’ information.

17. ARBITRATION

17.1 In the event of any dispute that may arise between the Parties, the same shall be referred
to Arbitration and a sole Arbitrator shall be appointed by the Bank. The Proceedings of
arbitration shall be in accordance with the Indian Arbitration and Conciliation Act,1996 or
any statutory modification thereof. The Venue of Arbitration shall be Mumbai and the
arbitration proceedings shall be in English language. The Arbitration Award shall be final
and binding on both the parties.
17.2 In the event of any dispute, Courts at Mumbai shall have exclusive jurisdiction under the
Laws of India.

18. NOTICES

All notices, requests, demands and other communications hereunder shall be in writing
and the same shall be deemed to be served, if given personally delivered or sent by
registered mail details whereof are first mentioned above in the agreement.

19. ETHICS AND CODE OF CONDUCT

19.1 The Parties will conduct all their dealings in an ethical manner and with the highest
business standards.
19.2 The Parties will provide all possible assistance to each other in order to investigate any
possible instances of unethical behavior or business conduct violations by an employee of
the other Party. Either Party will disclose forthwith any breach of these provisions that
comes to their knowledge to allow for timely action in their prevention and detection.
19.3 The Service Provider will adopt appropriate processes to prevent offering any illegal gratification in
the form of bribes or kickbacks either in cash or in kind in the course of all dealings with the Bank.
Any instances of such violations will be viewed in a serious manner andthe Bank reserves the
right to take all appropriate actions or remedies as may be required under the
circumstances including legal action or steps to terminate the agreement.
19.4 The Service Provider shall treat all customers equally and not discriminate among the
Customers on the basis of color, caste, gender, religion or etc.
19.5 Under the circumstances, wherein any Service Provider is guilty of any misconduct and/or
misrepresentation or engages himself/herself into any indecent behavior with the Customer or
vice versa while performing the services in the work premises during the course of the
Date Time
Merchant Accepted These Terms &
Conditions on 28 Jun 2023 [Link] PM
Bank Accepted These Terms & Conditions
on 28 Jun 2023 [Link] PM
16
Document ID - 1485456

business hours as agreed and mentioned herein the agreement, such acts will be reported and
investigated by the Internal Complaints Committee (ICC) in accordance with the Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH
ACT”). The Service Provider hereby agrees and undertakes to co-operate with the ICC to
resolve such matters under the guidance of the ICC and shall be held reasonably liable to the
extent of the damage, loss or claims raised out of this Act.

20. AUDIT

20.1 During the term of this Agreement and for a period of six months thereafter, RBI and the
Bank shall, have the right to audit, inspect and make copies or extracts of relevant financial
statements, systems and processes and records (“the Documents”) pertaining to the
provision of the Services by the Service Provider. The Parties agree that scope of this audit
will be limited to transactions arising out of or in connection with this Agreement. Further,
the Bank shall be entitled to conduct the audit either itself or through its consultants or
agents during the normal business hours of the Service Provider.
20.2 The Bank and/or the RBI auditors shall have unrestricted access to all the Documents
whether maintained electronically or otherwise and shall also be entitled to call for
explanations relating to the same from the Service Provider, the employees and/or the
Agents. The Service Provider shall always cooperate with and assist the Bank and/or the
RBI auditors and provide all Documents and other relevant data and information to
assist in, inter alia, investigation of any allegations/ instances of fraud.
20.3 The Bank shall always ensure confidentiality of the Documents and findings of the Audit,
however if required, the Bank may share the relevant audit observations with its
statutory Auditors, any internal committee of the Bank (including but not limited to the
Audit Committee of the Board of Directors of the Bank) or any other Governmental/
Statutory/ Judicial/ Quasi-Judicial body.
20.4 Reserve Bank of India (RBI) or persons authorised by it or any other regulatory authority are
allowed to access Bank’s documents, records of transactions, and other necessary
information given to, stored or processed by the Service Provider within a reasonable time.
20.5 In the event the audit findings reveal that the Service Provider has overcharged the Bank
or Bank’s Customer or made misrepresentations, indulged in unethical practices, fraud
or has in any way breached of terms and conditions of this Agreement, the Bank shall, in
such cases, have all or any of the following rights against the Service Provider, in addition
to any other right available to it under Applicable Law:
20.5.1 To recover the overcharged amount;
20.5.2 To suspend/stop all the outstanding/future payments to the Service
Provider; and
20.5.3 To terminate this Agreement forthwith, without any notice to the Service
Provider.

20.5.4 To levy penalties to the Service Provider in accordance to its internal

policies/

21. JURISDICTION

Date Time
Merchant Accepted These Terms &
Conditions on 28 Jun 2023 [Link] PM
Bank Accepted These Terms & Conditions
on 28 Jun 2023 [Link] PM
17
Document ID - 1485456

It is hereby specifically agreed and declared that in all matters in any way connected with,
relating to or touching these presents or the transactions hereunder the courts in Mumbai
shall have jurisdiction.

22. SEVERABILITY

In the event any provision of this Agreement is found to be invalid or unenforceable, then
such provision shall not render any other provision of this Agreement invalid or
unenforceable, and the Parties may replace such provision with other provision which is
nearest in meaning and intention, and all other provisions shall remain, in such event, in
full force and effect and shall be enforceable, unless the provision which may be found to
be invalid or unenforceable shall substantially affect the rights or obligations granted to or
undertaken by either Party.

23. AUTHORITY

Both Parties represent that the person signing has the requisite authority to sign this
Agreement on their behalf and to bind the respective Parties.

24. MISCELLANEOUS CLAUSE

24.1 Service Provider shall itself perform its obligations under this Agreement and shall not
assign, transfer or sub-contract any of its rights and obligations in relation to all or part of
the Service or related thereto, under this Agreement, except with the prior written
permission of the Bank.

24.2 In no event shall either Party be liable to the other for special, incidental, indirect or
consequential damages, damages from loss of use, data, profits, or business opportunities,
or failure to achieve cost savings, arising under this Agreement in contract, tort or
otherwise, even if the such Party shall have been advised in advance of the possibility of
such loss, cost or damages, arising out of or in connection with this Agreement.

24.3 This Agreement may be executed in any number of counterparts, each of which will be
deemed an original, but all of which taken together shall constitute one single agreement
between the Parties.

24.4 This Agreement and the schedules, set forth constitute the entire agreement and
understanding of the Parties with respect to the subject matter hereof, and supersedes all
prior oral and written agreements, understandings, representations, conditions and all
other communications relating thereto including the any commercial and/or technical
proposal made by the Service Provider to the Bank.

Date Time
Merchant Accepted These Terms &
Conditions on 28 Jun 2023 [Link] PM
Bank Accepted These Terms & Conditions
on 28 Jun 2023 [Link] PM
18
Document ID - 1485456

24.5 The Service Provider acknowledges that the unauthorized use or disclosure of confidential
information or the Intellectual Property Rights of the Bank is likely to cause substantial harm
and irreparable injury not readily measurable in monetary damages, and therefore, in the
event of such an unauthorized use or disclosure, the Bank shall be entitled, without waiving
any other rights or remedies, to such injunctive relief as may be deemed proper by a court
of competent jurisdiction.

24.6 No amendment to, or change, waiver or discharge of, any provision of this Agreement shall
be valid unless in writing and signed by an authorized representative of each of the Parties.

ANNEXURE A
SCOPE OF SERVICES

The Scope of Services to be performed by the Service Provider can be modified by the Bank, at its
sole discretion, from time to time and the Service Provider shall perform its obligations in
accordance with such modified scope.

The processes set out in this Annexures and Schedules may also be modified by the Bank in
writing, which is mutually agreed between the Parties and intimated to the Service Provider from
time to time.

A. Acting as Service Provider for FINO Payments Bank Limited

1. Get trained on the Product processes and go through regular product updates
2. Provide cash management services to the bank’s own customers and the clients on
boarded by the bank for this purpose
3. Set-up retail outlets in the agreed format in semi-urban and urban areas. These
outlets shall have technology infrastructure for ensuring seamless Customer transactions.

(B) Where the Bank is acting as Service Provider for other Bank/Financial Institutions. In
such cases, the Service Provider shall provide services narrated in (A) above, except that the
Service Provider shall NOT open deposit accounts for the other Bank/Financial Institutions for
whom the Bank (FBPL) is acting as the Service Provider or undertaking KYC documentation
for that other Bank/Financial Institutions.

(C)Detailed Scope of Work:

1. Collection and disbursement of cash from/to FPBL’s clients in line with the
agreements signed between FPBL and the client as part of Payment Services. The list of
such clients will be made available to the Service Provider from time to time. The Bank
will also ensure necessary compatibility in terms of system integration to facilitate such
types of transactions.

Date Time
Merchant Accepted These Terms &
Conditions on 28 Jun 2023 [Link] PM
Bank Accepted These Terms & Conditions
on 28 Jun 2023 [Link] PM
19
Document ID - 1485456

2. Penalty and/or strict action to be taken by FPBL in the event that the Service Provider
and its agent points imposes any additional service charges while providing Payment
Services, and

3. In case the transaction is cancelled, the Service Provider, to whom the customer
contacts shall inform about the same to the Bank. Upon receipt of such information the
Bank shall be liable to credit an amount equal to the cash collected along with Fees of
the Bank and any charges, if applicable to the Service Provider’s working capital.

4. Consequently from the working capital account of the Service Provider, who initiated
the cancelled/failed transaction the charges deducted, if applicable will be debited from
his account
5. The Service Provider shall then be responsible to refund the customer the entire
amount as credited above.
6. The Service Provider shall be solely liable to the customers for any claims arising,
primarily on account of any negligence of the Service Provider.
7. The Service Provider to open an account with the Bank and the Bank shall provide
such necessary assistance to the Service Provider for the opening of the said account. The
Account balance should be at least the sum of amount deposited by all Service Provider Agents
for enabling transaction at all times in order to comply with regulatory guidelines and avoid
inconvenience to the Customers due to lack of funds. Maintenance of sufficient balance in the
Account to support Customer transactions and fund settlement with the Bank. Provisions in
relation to block and/or closure of the Account shall be as per Bank’s policy.

8. Any other activity for ensuring delivery of smooth and high quality Services to the
Customer as agreed between the Parties from time to time.

9. The Service Provider shall offer Payment Services to the clients of the Bank.

10. The Service Provider agrees to render Payment Services to the relevant stakeholders
of the Bank’s client who approaches the Service Provider with his/her verification details and
requests to avail of Cash Management Services.

11. The Service Provider shall initiate the transaction from the application software
(“Software”) of the Service Provider. The Service Provider shall enter the verification
parameter into the Bank Integrated Interface. The Software shall be integrated with the
Bank’s systems.

12. The Software shall also record the full audit trail of source of information, , reference
number, original request generation number, machine ID for device used to generate the
request, date and time stamp with full trail of the Service Provider’s transaction date and
time stamp, etc.

13. The Service Provider shall process any cash withdrawal / cash deposit under Payment
Services for an amount not more than Rs. 50,000/- (Rs. Fifty Thousand only) per transaction
for customer transactions. In future, if there is any change in the limits, latest limits will be
Date Time
Merchant Accepted These Terms &
Conditions on 28 Jun 2023 [Link] PM
Bank Accepted These Terms & Conditions
on 28 Jun 2023 [Link] PM
20
Document ID - 1485456

applicable as per the circular / notice / guideline provided by RBI / IBA /NPCI or any
authorised entity.

14. The Service Provider shall provide the data collected in relation to the Payment
Services to the Bank from time to time, as instructed by the Bank.

15. Penalty and/or strict action to be taken by the Bank in the event that the Service
Provider and/or its agent points imposes any additional service charges on the stakeholder of
FPBL’s client while providing Payment Services in a particular Business Day.

16. The Service Provider shall freely permit the Bank to conduct periodic audits of their
system/Software, at the cost of the Service Provider.

17. All disputes arising out of Payment Services (including, without limitation, any
disputes between the stakeholder of FPBL’s client and the Service Provider) will be handled
and managed by the Service Provider. And any reports, transaction slip & evidence of the
transaction required to present the dispute must be made available within the time frame
defined by Bank or any other competent authority or committee. Bank is not responsible if
dispute is reputed & ruled in the favor of other party on the likes of this product.

18. The Service Provider shall be responsible for handling and/or managing the
Customer services such as Customer complaint, Customer query or any other services
required in relation to the Payment Services. Also Service Provider will ensure that the all
agent / CSP outlets will display the customer charter , customer helpdesk contact numbers ,
email Id’s (if any), complaint mailing address which is easily visible to the customer.

19. The Service Provider shall provide the transaction details to the Bank as and when
requested by the Bank.

20. The Service Provider shall be responsible for imparting adequate training to its
personnel in relation to the discharge of Payment Services.

21. The Service Provider shall be responsible for reconciliation of the transactions under
Payment Services on a daily basis.

22. The Service Provider shall ensure that the Customer data is not shared with any one
by any means and solely used for Payment Service purpose only. The Bank shall be the whole
and sole owner of the data.

23. The Service Provider shall take care of the regular maintenance activity for all the
devices used for Cash Management Services and to ensure the availability of the basic
material requirement such as paper role/ connecting wire, cables etc related to the device
maintenance in the time bound manner & must of Customer service platform

24. The Service Provider shall do the reconciliation on daily basis and any issue or query
or deviation (if any) must be report to Bank within 2 working days.

Date Time
Merchant Accepted These Terms &
Conditions on 28 Jun 2023 [Link] PM
Bank Accepted These Terms & Conditions
on 28 Jun 2023 [Link] PM
21
Document ID - 1485456

25. The commissions applicable for each Payment Service client will be shared with the
Service Provider at the start of each month. These will be agreed through exchange of
specific letters/email to this effect.

26. FPBL will make the payments by way of credit to account, in the name of Service
Provider or a bank account as specified by the Service Provider in its name. The Service
Provider will notify the Bank details of its bank account, in case commission credit is required
in any other bank account.

27. In case if the Service Provider Agents impose service charges as mentioned in the
above clauses, the Bank shall reserve all rights to pay the commission as per Bank’s payment
policy and/or in certain cases may also block or discontinue availing services from the Service
Provider.

Date Time
Merchant Accepted These Terms &
Conditions on 28 Jun 2023 [Link] PM
Bank Accepted These Terms & Conditions
on 28 Jun 2023 [Link] PM
22
Document ID - 1485456

ANNEXURE-B

PAYMENT OF FEES

- The Payment of Fees to Service Provider will be based on following terms and
conditions:

1. Unless specifically provided otherwise under this agreement, the payments of Fees
will be credited by the Bank directly to the account maintained with the Bank. Only
legitimate/successful transactions shall be considered for computation and payments of
fees to the Service Provider.

2. The Bank may choose to trade schemes/incentives to promote its products/services

prescribed under Annexure A. This shall however be at the sole discretion of the Bank
and any decision regarding the applicability operation & award of schemes shall be the
sole prerogative of the Bank..

3. The Bank shall provide/furnish the Fees slab and details for various Products/Services
from time to time to the Service Provider and the Bank shall have right to
change/modify/vary the Fees slab as per its sole discretion.

4. The Bank may choose to launch additional/new Products and Services during the
duration of this Agreement. The Payment terms for the same will be in line with its
policies and market conditions and at the sole discretion of the Bank.

5. The Bank reserves right to modify/change the Fees slab/structure of the

product/services in accordance with its policies based on market condition.

6. The Fees shall be paid directly by FPBL after deducting applicable taxes if any.

7. Fees payable inclusive of any/ all indirect taxes (namely Goods and Services Tax etc.
unless otherwise specified by the Bank) levied under the current laws (including any
amendment or re-enactment thereof) and would be subject to withholding tax (Tax to be
deducted at source) at the rate prevailing as per applicable law.

Date Time
Merchant Accepted These Terms &
Conditions on 28 Jun 2023 [Link] PM
Bank Accepted These Terms & Conditions
on 28 Jun 2023 [Link] PM
23
Document ID - 1485456

ANNEXURE-C

QUALITY AND HYGIENE FACTORS TO BE FOLLOWED BY SERVICE PROVIDER

The Service Provider hereby agrees to follow quality and hygiene factors during product and service
delivery as under:-

1. In the case of counterfeit currency, the Service Provider’s Agent is solely liable and
the Service Provider shall make good such currency to the Bank or to the Customer and the
Bank (FPBL) shall not be liable under such circumstances.

2. The Service Provider’s Agent shall take all care in entering the customer’s details for
transactions. The Service Provider be solely responsible to resolve issues arising out of
incorrect details and the Bank would not have any liability in such cases.

3. The Service Provider shall not hold on to any transactions and provide online
transactions of products/service to the Customers. The Bank would not have any liability of
any dispute arises between the Service Provider & the Customer.

4. The Service Provider shall treat all customers courteously in the event of it is
found/brought to notice that the Service Provider’s Agent is misbehaving with any Customer/
the Bank may take any strict action, that may include termination of the Service Provider or
its Agent as may be deemed fit to the Bank.

5. In case if Agents do not pursue the quality and hygiene factors stated herein, the
Bank shall reserve all rights to pay the commission as per Bank’s payment policy and/or in
certain cases may also instruct the Service Provider to block or discontinue availing Services
from such Agents.

6. In contravention of any of the above terms, the Bank has right to terminate this
Agreement without any notice the Service Provider.

Date Time
Merchant Accepted These Terms &
Conditions on 28 Jun 2023 [Link] PM
Bank Accepted These Terms & Conditions
on 28 Jun 2023 [Link] PM
24
Document ID - 1485456

A) DECLARATION/UNDERTAKING

The Service Provider shall provide below declaration/undertaking to Bank and agrees to abide by
this declaration during the Term:

I, Mr/Mrs/M/s. Sanajit Das residing at BARAGHUNI, Jalpai Part 1,Purba Medinipur,Purba

Medinipur,721656 , do hereby declare as under:
:
1. I say that the above terms and conditions have been read over to me in local
vernacular and as such I am well acquainted, fully aware and well conversant to the terms
and conditions of this Service Provider Agreement and hereby agrees and confirm to abide by
the terms and condition, Policy of the Bank/Bank that may be in force, changed, modified
from time to time.
2. I hereby declare that I am competent and capable of the work assigned to me under
this Agreement by the Bank (FPBL) and willing to work as per the terms and conditions of this
Agreement.
3. I say that, the information provided by me are 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 the Bank /Bank now or from time to time.
4. I hereby declare that, I shall be liable /responsible for breach of any of the
terms/conditions mentioned in Service Provider Agreement. I shall be solely & exclusively and
absolutely liable/responsible for my misconduct, negligence, violation of any terms, fraud or
cheating to the Bank and its Affiliates.
5. I have received the relevant training to carry out scope of work as specified in the
agreement.
6. I say that, I shall not close my account of aforesaid bank without informing the Bank. I
further say that I undertake to give a fresh cheque of new account if my aforesaid account is
inactive/closed.
7. I say that, aforesaid cheque given by me shall not deemed/ treated as security given
by me. I further say that, in the event of dishonor of the aforesaid cheque, the Bank has
liberty to take legal action under the penal laws as well as negotiable instrument act.
8. I say that, in the event of any discrepancy in commission, transaction, limit replenishment,
cash deposit or any other issues arising during or after termination of agreement I shall inform
the Bank or customer care within 24 Hours. Post which Bank shall not entertain any query.
9. I say that, in event of any wrong transaction, I shall be solely liable to settle the
customer complaint.
10. I say that, during the period or post exit of my agreement I shall be held liable for all
complaints of non receipt of customer transactions.

I. I am not a defaulter of any bank with loan or any other instrument.

II. I am not affiliated to any political party.
II. I have no criminal record against me till date.
IV. I confirm that none of my family member(s) are working with Bank or its
holding/subsidiary/group/associate companies
V. I have the capability to handle the cash and operate the technology.
VI.I am familiar with the local language.
VII.I have the knowledge of the area being assigned to me.
[Link] place mentioned as my residence is my own/rented.
[Link] place mentioned as my business location is my own/rented.
11. I have read and fully understood, acquainted and admit the contents of this
Agreement Form Herein.
Date Time
Merchant Accepted These Terms &
Conditions on 28 Jun 2023 [Link] PM
Bank Accepted These Terms & Conditions
on 28 Jun 2023 [Link] PM
25
Document ID - 1485456

12. I say that, I shall not resort/deal with any irregular/illegal transactions/practices,
including non issuing of cash receipts to customers in my day to day
dealings/business/services with the customers at the outlet so as to arouse/bring disrepute to
Bank. I further undertake to keep Bank indemnified against any losses that may arise due to
acts of omissions/commissions on my part.
13. I will provide prior information to the Bank/authorized representative of the Bank for
if my shop is closed for more than 24 Hours. I will be solely responsible for the same for
settlement of issues arising during such period.
14. I say that the Bank is not liable for the transactions that are performed by me or any
of my relative/spouse/family members/friends or any other person on my behalf.
15. I say that I will exercise requisite care in selecting customers those with whom i
conducts business. While conducting business, I will adhere to processes which are in place
for checking the credit and character of customers and counter parties.
16. I say that I will not share my wallet/application credentials with anyone.
17. I say that I will exercise requisite due diligence while accepting a customer and
undertaking a transaction and make reasonable enquiries in case of doubt.
18. I say that I will immediate escalate to companies customer care any suspicious
activities/transactions in respect of money laundering regardless of the amount involved or
the nature of the offence as per the applicable internal procedures.
20. I say I will not provide assistance to any person to launder proceeds of any criminal
conduct. I say that i will operate my Service Provider point.
21. I say that, the information, details, documents given by me is true and correct to the
best of my knowledge, if it is found to be false, incorrect, bogus/fake I shall be held
responsible for consequences under Indian Penal Laws.
22. I hereby Indemnify BANK that, I undertake to compensate in the event of any fraud,
misappropriation or any irregular activities found at my Service Provider point.
23. I say that, if said Mr./Mrs. Sanajit Das found to be involved in irregular/illegal activities or
violates any of terms of Service Provider Agreement, Bank shall have discretion for immediate
termination of my Service Provider Agreement.
24. I say that, I hereby undertake to compensate to Bank in case of any loss caused by any
irregular/negligent activities at my Service Provider Point.

Date Time
Merchant Accepted These Terms &
Conditions on 28 Jun 2023 [Link] PM
Bank Accepted These Terms & Conditions
on 28 Jun 2023 [Link] PM
26