POS Agreement
By signing this Agreement, Kalimata Telecom having its registered office/residence/place of business at 18,Near
Radha Krishna Temple,Bamundiha Dhundhubala,SCHOOL,PURULIYA,Puruliya,West Bengal,723127 hereby
consents to having read, understood, agreed and accepted the terms and conditions of this POS Agreement
("Agreement") with Bharti Airtel Limited ("Airtel") and this Agreement shall be treated as having come to effect on
21-11-2024 ("Effective Date").
Purpose A. Airtel has been issued a license by the Department of Telecommunications ("DoT"), Ministry
of Communications, Government of India, to provide telecommunications services across
various Telecom Circles in India.
B. Airtel has appointed distributor ("Distributor")/agents/representatives for inter alia
acquiring customers for Airtel's telecommunication services, distribution of Airtel's SIM cards,
conducting verification of Airtel's customers ("Customers") and related assistance in onboarding
of Customers for both prepaid and postpaid mobile connections, including conducting
Customer verification as per Applicable Laws and instructions provided by Airtel from time to
time ("Services"). Distributor / retailer appointed the POS to fulfil the process of customer
acquisition as aforesaid.
C. Now, pursuant to certain guidelines dated 31 August 2023, issued by DoT ("DOT
Guidelines"), Airtel is required to execute direct agreement with all franchisees, agents and
distributors (collectively, referred to as 'Point of Sale' in the DOT Guidelines) to ensure adequate
verification of Customers before enrolling them as subscribers and activating the mobile
connection. Therefore, Airtel is desirous of executing this Agreement with the POS in
compliance with the DOT Guidelines.
D. Based on the representations made by the POS, Airtel has agreed to enter into this
Agreement with the POS to meet the abovementioned purpose.
Scope Airtel is hereby entering into this Agreement with the POS on a principal-to-principal basis for
complying with the requirement of the DOT Guidelines as per terms and conditions contained
herein. Other than POS' duties stated in this Agreement, the POS shall not be responsible for
provision of licensed telecom services to Customers and the same shall remain Airtel's sole
responsibility. POS expressly agrees and understands that Airtel shall, during the subsistence of
this Agreement, be entitled to appoint third persons/ parties to provide the Services and / or
carry out duties of the POS and that this Agreement does not confer any exclusive right on the
POS for the same.
Details Of POS POS shall be responsible for:
(i) Acquiring new Customers in designated Territory of West Bengal, and complete registration
and verification process as mentioned in Annexure 1 and / or any other prescribed manner
notified by Airtel time to time.
(ii) Processing Customer requests for activation of telecom services, including in connection
with Sim upgradation, Sim change, recharge, MNP, etc., in accordance with the instructions
issued by Airtel from time to time and in compliance with all the Applicable Laws, directives,
guidelines issued by DoT, TRAI or any other competent authority.
(iii) Sending Airtel the activation request only after establishing bona fides of the Customer,
including verification of original proof of address ("POA") and proof of identity ("POI") of the
Customer.
(iv) Ensuring handover of SIM cards and issuing connection to bona fide Customers only after
conducting necessary verification as aforesaid.
(v) Performing all ancillary services that may be essential for the rendition of the POS' duties as
per Applicable Laws, including DOT Guidelines, whether or not mentioned expressly in the
Agreement.
(vi) Providing the aforementioned services at its sole cost.
(vii) Ensuring all POS personnel and/or any agents or sub-agents appointed by POS for helping it
perform its duties under this Agreement also comply with all Applicable Laws while, acquiring
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and processing Customer requests for SIM activation and conducting verification of documents
provided by Customers.
(viii) Ensuring execution of separate agreement between Airtel and all personnel, agents or sub
agents appointed by the POS before they perform any activities related to SIM activation and
verification of documents provided by Customers.
Term The Term for this Agreement shall commence from the Effective Date and shall terminate in
accordance with the Termination and Effects of Termination section.
Territory West Bengal
Representations, The POS represents, warrants and covenants that it shall:
warranties and 1. Submit such documents to Airtel as required under Applicable Laws, including on behalf of its
covenants of the employees, personnel, agents and sub-agents.
POS 2. Strictly observe and perform all the terms and conditions set out in this Agreement, including
use of Airtel provided processes, tool, applications and standard formats only for the Services.
3. Not make any incorrect, false, wrongful or fraudulent representation to Customers. POS and
its employees, agents, sub-agents and representatives shall adhere to the Code of Conduct for
Business Associates as amended, from time to time, and made available in [URL].
4. Ensure that customer verification process and other compliances, including but not limited to,
security related compliances are carried out strictly in accordance with Applicable Laws. POS
shall send to Airtel all such documentation / information as may be required under Applicable
Laws and / or communicated by Airtel from time to time.
5. Ensure that there shall be no delegation of any of its activities, scope, role, duties and/or
responsibilities under the Agreement to any other person without the prior written consent of
Airtel.
6. Complete the verification process required as per DOT Guidelines by providing all necessary
documents as directed by Airtel from time to time.
7. Declare any arrangement with other distributors, franchises, agents, sub-agents and/or other
service providers engaged in relation to the Services under this Agreement.
8. Obtain and shall maintain during the Term, all necessary permits, authorizations, licenses,
clearances etc. required for the purposes of performing its obligations under this Agreement at
its' own costs.
9. Share any updated copies of certificates / permissions / receipts related to all governmental,
statutory and regulatory fees, charges, fines etc., with Airtel, from time to time.
10. Possess the necessary knowledge, infrastructure, experience and financial capabilities to
perform the above functions and such other functions as may be assigned to by Airtel from time
to time.
11. Be solely held liable, accountable and responsible for ensuring all necessary statutory
compliances in respect of its office premises, employees, agents, sub-agents and business
including but not limited to trade license, shops & establishment act permissions, property tax,
advertisement tax, GST, any other approvals, licenses, permissions, levies or charges of
whatsoever nature; telecom license conditions, directives, regulations, guidelines issued by
statutory, governmental and regulatory authorities such as DOT /TRAI in relation to its scope of
duties under this Agreement, including compliance with all labour laws such as Employees'
Provident Fund and Miscellaneous Provisions Act 1952, Employees State Insurance Act 1948,
Minimum Wages Act 1948, Payments of Wages Act 1936, Information Technology Act 2000,
Digital Personal Data Protection Act 2023, Prevention of Corruption Act 1988, as amended, and
all related orders, rules, regulations, directions, decree, judgment of a judicial and / or quasi-
judicial body etc. ("Applicable Laws").
12. Protect the Airtel data and information including but not limited to customer data and shall
ensure and maintain the confidentiality of all information received by it by virtue of this
Agreement in accordance with this Agreement and the Applicable Laws. The POS acknowledges
and agrees that it may receive or may have access to the Personal Information of individuals,
including Customers during the course of performance of its obligations under the Agreement.
The POS hereby agrees and undertakes that it shall not disclose, publish, or transfer any such
Personal Information to any third party, and shall use any such Personal Information only for the
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purposes strictly required for performance of this Agreement. All such Personal Information is
and shall remain the exclusive property of Airtel and shall be usable by the POS only for
authorized purposes duly agreed upon between the Parties. POS undertakes to take necessary
steps like executing non- disclosure agreements etc. to ensure reasonable security practices are
complied with by its employees, permitted subcontractors and its agents. Airtel shall have the
right to inspect/ audit or get such inspection/ audit done by authorized third parties to ensure
POS' compliance with this section. For the purpose of this section, "Personal Information"
means any information relating to any natural person which in combination with other
information available with POS or likely to be available with the POS is capable of identifying
such person and it shall also include information such as call data records; financial information
such as bank account details, credit/ debit card details, payment instrument details; password
etc. or any other type of information prescribed under the Applicable Laws.
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Assets 1. Upon termination, expiry of this Agreement and / or disengagement of the Parties under this
related Agreement, in any manner, Airtel or at Airtel's sole discretion, any party nominated by Airtel, shall
rights have the option to acquire / purchase any and all equipment used by the POS for the purposes of and
in connection with this Agreement (collectively,"Equipment" ). POS shall also be responsible for
transferring all relevant records and Equipment immediately to Airtel, upon termination of this
Agreement.
2. If POS has any outstanding dues payable to Airtel under this Agreement or any other agreement
executed between Airtel and the POS and / or POS' affiliates, subsidiary, heirs, successors or assigns,
Airtel shall have the right to adjust and / or set-off such amounts against the purchase of the
Equipment.
Audit Airtel and relevant regulatory / statutory authorities shall have the right to conduct audit of POS'
Rights business including but not limited to the records and documents pertaining to this Agreement as well
as performance of POS' contractual and statutory obligations as envisaged under this Agreement.
Such audit and inspection may be conducted by Airtel, at any time, at its sole discretion.
Indemnity The POS hereby agrees to indemnify, defend and hold Airtel, its Affiliates and their directors, officers,
employees, agents, and/or assignees, and legal representatives, harmless against any loss,
howsoever arising, out of or as a result of POS' or its employees, personnel, agents or sub-agents: (a)
conduct of the business including any misleading, incorrect or fraudulent representation and / or
warranty, misconduct, negligence, unauthorized collection of amounts; (b) breach of confidentiality;
(c) breach of any of its obligations and terms and conditions of this Agreement; (d) violation of
Applicable Laws, including those committed by any of its employees, personnel or agents; (e) claims
from its employees, personnel, agents or sub-agents; (f) claims from third parties, including arising
out of damage to movable/immovable property or assets, or injury/death of personnel; (g)
infringement of IPRs; (h) breach of Airtel's rights covered under the section 'Asset related Rights'.
Termination 1. Airtel shall have the right to terminate this Agreement by written notice to the POS for any reason,
& Effects of including for where any information submitted by POS (either for itself or pertaining to any Customer)
Termination in connection with this Agreement is found to be false, or documents provided are found to be forged
or for any other breach by the POS of any of the terms and conditions of this Agreement, or
occurrence of an insolvency event. Such termination shall be effective from the date mentioned in
such written notice.
2. Airtel may terminate this Agreement for convenience upon thirty (30) days' prior written notice.
3. Upon the termination or expiration of this Agreement for any reason, the POS shall immediately
discontinue the activities under this Agreement and return forthwith all commercial and confidential
information to Airtel.
4. Neither any amount, whatsoever, shall be due to the POS for loss of goodwill, anticipated profits
and any other claims or losses in respect of such termination nor shall it use to its advantage or claim
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any right over the goodwill earned during the Term. The POS hereby waives any claim to receive any
compensation as a consequence of such termination.
5. POS further agrees that in case of termination of this Agreement, POS shall not create or aid any
kind of interference or hindrance in the performance of the service provider(s) appointed by Airtel.
Dispute The laws of India shall govern this Agreement and the courts of the Territory shall have the exclusive
Resolution jurisdiction in respect of any dispute or differences arising out of or in connection with or touching
upon the subject matter of this Agreement.
Change Airtel may amend or change any terms of this Agreement ("Change Order"), at any time during the
order Term by notifying the POS through electronic mail. POS agrees to keep the contact details updated
and notified to Airtel all the time and any notice sent to the available address shall be deemed to be
received by the POS. Unless expressly stated in the Change Orders, all terms mentioned therein shall
be effective immediately upon notification and shall be read along with the Agreement in the manner
that the Change Orders were set forth in the Agreement.
General 1. This Agreement between the Parties is executed on Principal-to-Principal basis and nothing
contained herein shall be deemed to create any partnership, joint venture or employment between
the Parties hereto or between Airtel and POS' representatives, employees, agents or sub-agents.
2. POS acknowledges, understands and agrees that its employees, agents, sub-agents or
representatives shall have no authority and/or right to bind Airtel in any manner whatsoever under
this Agreement. It is clarified that the employees/representatives engaged by the POS shall be the
sole employees/representatives of POS and Airtel shall have no financial, contractual or statutory
liability towards them under this Agreement.
3. Under no circumstances, whether based on contract, warranty, negligence, strict liability, or
otherwise, shall Airtel or its 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.
4. POS shall use the intellectual property rights of Airtel strictly in accordance with the authorization
granted and only in connection with its performance under this Agreement.
5. POS shall be responsible for payment of any applicable duties, taxes, levy, fee, charges payable to
the Government on execution of this Agreement.
6. No failure to exercise or any delay in exercising any right, power or remedy by a Party under the
Agreement will operate as a waiver. A single or partial exercise of any right, power or remedy does
not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not
valid or binding on the Party granting that waiver unless made expressly in writing.
7. This Agreement is the final, complete and exclusive expression of the agreement between the
Airtel and POS and supersedes and replaces in all respects any prior oral or written agreements
between Parties. On execution of this Agreement by the POS and Airtel, the relationship between the
POS and Airtel with respect to the contents of this Agreement after the Effective Date will be
governed by the terms of this Agreement and not by any other agreements, oral or otherwise.
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Bharti Airtel Limited POS
Signature: Signature:
Name: Lijo John Name: Kalimata Telecom
Designation: Designation:
Date: 21-11-2024 Date: 21-11-2024
Registered Address: Registered Address:
Airtel Center, Plot no 16, Udyog Vihar, Phase-IV, Gurgaon, 18,Near Radha Krishna Temple,Bamundiha
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122015 Dhundhubala,SCHOOL,PURULIYA,Puruliya,West
Bengal,723127
Circle office address: BLOCK EP-GP FLOOR, 5Infinity
Building, SALT LAKE, ELECTRONICS COMPLEX, SECTOR
VSECTOR, Kolkata, West Bengal- 700091
ANNEXURE - I
EKYC Acquisition flow: DKYC Acquisition flow:
Step1: Customer visits POS Shop/POS visit Customer Step1: Customer visit retailer Shop/POS visit customer
location location
Step2: POS login to Mitra APP with valid Credentials Step2: POS login to Mitra APP with valid credentials
Step3: POS initiate the Acquisition/Sim swap journey as Step3: POS initiate the Acquisition/Sim swap journey\
per Customer request. Step4: POS inform the customer all the modes of
Step4: POS to inform the Customer all the modes of acquisitions/Sim swap process available currently as per
acquisitions/Sim swap process available currently as per the DOT regulation, in case customer interested with
the DOT regulation, in case Customer interested with DKYC based acquisition/Sim swap process
Aadhaar based acquisition/Sim swap process Step5: POS verify the Original documents and select the
Step5: POS will read out the Customer EKYC consent, customer country as India in case of Indian in any other
customer provide his Aadhaar number if he is OK with country select the respective country.
Aadhaar based Acquisition/Sim swap, POS enters the Step6: POS Capture Customer live image
Aadhaar number on the CAF Step7: POS capture Customer POA/POI document photos
Step6: Customer provide the Biometric or Face or Iris and validate the customer photo vs. Photo as per Proof
authentication on successful authentication UIDAI return document, also verify the genuineness / authenticity of
the customer name & demographic details. the document
Step7: POS take customer live photo of the person who's Step8: POS capture customer other demographic detail
biometric /face/iris authentication has been authenticated (Name, father name, Address, customer alternate mobile
and take photo of any other documents if applicable. number and other details as per CAF form).
Step8: POS capture customer father name and other Step9: POS read out the customer declaration post
details as part of the CAF form. customer consent customer will provide the OTP as his
Step9: POS needs to read the declarations & provide his declaration to agree to terms and conditions.
biometric/Face/Iris authentication on Successful Step10: POS take his Own Live photo and read his
authentication POS will be able to submit the acquisition declarations, provide his consent through OTP, it will auto
or SIM swap request. read( POS number required to be on same handset).
Step10: In case of recharge or Sim swap changes are Step11: On successful verification of the OTP, POS submit
applicable POS will do the same, respective amount will the request.
get debited from his lapu wallet. Step12: In case of Recharge or Sim swap changes are
applicable POS will do the same, respective amount will
get debited from his lapu wallet.
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