"; //print_r($lender); //exit; $lender['logo'] = isset($http) ? str_replace('http', 'https', $lender['logo']) : $lender['logo']; ?>
MASTER AGREEMENT
DATED {!! $date !!}@if($date >=4) th @elseif($date == 1) st @elseif($date == 2) nd @elseif($date == 3) rd @endifday of {!! date('F',time()) !!} {!! date('Y',time()) !!}
BETWEEN
{!! $lender['name'] !!}
AND
{!! $merchant['official_merchant_name'] or $merchant['merchant_name'] !!}
| This master agreement ("Agreement") is entered into on this ({!! $date !!}@if($date >=4) th @elseif($date == 1) st @elseif($date == 2) nd @elseif($date == 3) rd @endifday of {!! date('F',time()) !!} {!! date('Y',time()) !!}) at Mumbai, India: | |||||||||
| BY AND BETWEEN: | |||||||||
| Credit Fair, {!! $lender['name'] !!}, a company incorporated under the Companies Act, {!! $lender['companies_act'] !!} with CIN {!! $lender['cin'] !!} and having its registered office at {!! $lender['address'] !!}. (hereinafter referred to as the “Company”, which expression shall unless repugnant to the context or meaning thereof mean and include its successors and permitted assigns) of the ONE PART; | |||||||||
|
{!! $merchant['merchant_name'] !!}, a @if($merchant['type_of_firm'] == 'proprietorship') Sole Proprietorship of {!! $merchant['owner_name'] !!} @elseif($merchant['type_of_firm'] == 'llp') a limited liability partnership firm established under the Limited Liability Partnership Act, 2008 @elseif($merchant['type_of_firm'] == 'company') company established under the Companies Act, 1956/2013 @elseif($merchant['type_of_firm'] == 'partnership') a partnership firm established under the Indian Partnership Act, 1932 @endif and having its corporate office {!! $merchant['address'] !!} (hereinafter referred to as the “Merchant” (which expression shall, unless repugnant to the context or meaning thereof, be deemed to include, its successors and assigns) Of the OTHER PART.
“Parties” shall mean collectively the Company and Merchant and “Party” means each of the Company and Merchant individually. |
|||||||||
| WHEREAS: | |||||||||
| A. | Merchant is engaged in the business of providing {!! $merchant['nature_of_business'] !!} | ||||||||
| B. | The Company desires to provide services of collecting information, data and documents relating to persons from various sources and in analysing, processing, and disseminating such information, data, analysis and/or documents to Lenders (as defined hereinafter) to enable such other Lenders to provide various financial and other services; | ||||||||
| C. | Merchant desires to commence providing an option to Customers to express their interest in obtaining debt financing from one or more Lenders. In connection with such option, Merchant is desirous of providing to the Company, the Customer Data (as defined hereinafter) for onward transmission to Lenders, their agents, service providers, advisors or representatives; | ||||||||
| D. | The Parties wish to execute this Agreement to record the understanding between them to give effect to this arrangement. | ||||||||
| NOW, THEREFORE, in consideration of the mutual agreements, covenants, representations and warranties set forth in the Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the Parties, the Parties hereby agree as follows: | |||||||||
| 1. |
Definitions
In the Agreement, (i) capitalized terms defined by inclusion in quotations have the meanings so ascribed; and (ii) the following terms shall have the meanings assigned to them under Schedule I: |
||||||||
| 2. |
Data Sharing
|
||||||||
|
|||||||||||
| 3 |
Discount
|
||||||||||
| 4 |
Consideration
|
||||||||||
| 5 |
Marketing
|
||||||||||
| 6. |
High Risk and Defaulting Borrowers
|
|
|||||||||||||
| 7. | Confidentiality Obligations
The Parties shall be bound by such confidentiality obligations as agreed to between that Parties vide a letter dated {!! $date !!}@if($date >=4) th @elseif($date == 1) st @elseif($date == 2) nd @elseif($date == 3) rd @endifday of {!! date('F',time()) !!} {!! date('Y',time()) !!} |
||||||||||||
| 8. | Refund Process and Transactions
Post disbursal of a loan, if the Borrower or Merchant decide to cancel the transaction for any reason, the amount refunded by the Merchant will be first provided to the Company towards repayment of the outstanding amount. If the Refund amount exceeds the Outstanding’s of the Company, the Merchant will refund the same to the Borrower. The Merchant will be required to intimate the Company of any such cancellation event within 7 days of it having taken place, and the Company will provide the Merchant with a Loan Closure statement at this time. The statement will clearly define the Account Outstanding’s (including Principal Outstanding, Interest charges and Fees if any) |
||||||||||||
| 9. |
Representations and Warranties
|
||||||||||||
| 10. | Indemnification
|
||||||||||||
| 11. | Limitation of Liability
The obligations of each Party under this Agreement are several (and not joint or jointly and severally) and each Party’s obligation for fees and costs pursuant to the indemnity clause is capped at ₹ 1,00,000/-. Except in connection with the indemnity clause and except where the Claim has arisen as a result of the fraud, willful misconduct, or breach of this Agreement by a Party in which case the Liability for the Claim will rest solely with the party who has committed the act of fraud or willful misconduct or the breach. |
||||||||||||
| 12. |
Intellectual Property Rights
|
| 13. | Term & Termination
|
||||||||
| 14. | Notices
Any and all notices, invoices, documents and other information to be given by one of the Parties to the other shall be deemed sufficiently given when forwarded by registered post with acknowledgment due or hand delivery to the other Party at the addresses mentioned above, or by way of email at the email addresses provided by one party to the other under this Agreement. Each Party shall notify the other in writing of any changes to such addresses. |
||||||||
| 15. | Governing Law and Jurisdiction
This Agreement and the relationship between the Parties hereto shall be governed by, and interpreted in accordance with, the laws of India. |
||||||||
| 16. | Arbitration
|
||||||||
| 17. | Miscellaneous
|
|
|||||||||||||||||
| 18. | Duties
|
| IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS AGREEMENT TO BE DULY EXECUTED AND DELIVERED BY THEIR DULY AUTHORISED REPRESENTATIVES AS OF THE DAY AND YEAR HEREINABOVE WRITTEN | |
|
Signed and delivered [for and on behalf of]/[by]
{!! $lender['name'] !!}
⨂ ………………………………………………….
By. Aditya Damani
Title: Director
|
|
I have read all the terms and conditions mentioned in the agreement and I agreed to it.
{!! $merchant['owner_name'] !!} (Owner) signed this agreement at {{ date('h:s A',strtotime($signed_data[0]['click_time']))}} on {{ date('d-M-Y',strtotime($signed_data[0]['click_time']))}}
{{$language_consent['consent']}}
{!! $user['co_applicant_name'] !!} (Co-Applicant) signed this agreement at {{ date('h:s A',strtotime($signed_data[1]['click_time']))}} on {{ date('d-M-Y',strtotime($signed_data[1]['click_time']))}}
SCHEDULE I
Definitions
"Borrower" means a Customer who has availed of any credit facility from a Lender;
"Customer Data" means, all information regarding the Customer’s transactions, sales, revenue, ratings or feedback in relation to services provided by the Merchant, history of business, payment history, cancellation and refund history, all corporate data, PAN number, TAN number, GST registration, credit period and/or terms provided by Merchant and other information of a similar nature in relation to transactions in each case; and such other information, as may be mutually agreed between the Parties from time to time in relation to the Customer s; and
"Customers" includes businesses, individuals, body corporates who transact with the Merchant.
"Designated Bank Account" means the bank account of the Customer to which the Customer receives all payments in relation to transactions carried out by the Customer;
"Interested Customer" means a Customer who has expressed interest in availing any credit facility from a Lender;
"Lender" means any Person that avails of technology, data mining and/or analytics services from the Company for the purpose of providing credit facilities to Interested Customers;
"Marketing Data" means segment level information or anonymized transaction and Customer profile data, or as may be mutually agreed between the Parties from time to time;
"Person" includes an individual, an association, a corporation, a partnership, a joint venture, a trust, an unincorporated organisation, a joint stock company, a bank, a non-banking financial company or other entity or organisation, including a government or political subdivision, or an agency or instrumentality thereof and/or any other legal entity;
"Prohibited Activity" means any act is illegal or fraudulent or otherwise prohibited by law;
"Prospective Credit Situation" means any event or circumstance which causes a determination to be made by any Lender that a Borrower’s risk of a being unable to meet its financial obligations to such Lender may increase;
SCHEDULE II
(COMMERCIAL TERMS)
| Particular | % of total order value disbursed |
| Upfront | 100% of Loan Value (Net of Subvention and advance) |
| Plan | Discount on total order value %* |
| upto {!! $offer->tenure !!} Months EMI Option | upto {!! $offer->subvention !!} % |
For any tenure not mentioned above the maximum subvention will be {!! max($subventions) !!}%
@endif*Company’s fees are inclusive of taxes (GST if applicable)
@else*Company’s fees are exclusive of taxes (GST if applicable)
@endifDisclaimer: It is clarified that in the cases where the loans are disbursed by/through the Lender (affiliated with the Company) pursuant to the understanding recorded under this Agreement, the Lender would directly raise their invoice in favor of the Merchant by keeping the Company in loop. In such cases, the Merchant shall deduct TDS against the respective invoice of the Lender and not in favor of the Company.
SCHEDULE III
(COMMERCIAL TERMS)
| Activity | Responsibility |
| Sourcing (In Person Sales Process).
⮚ For interested customers that require finance for product subscription, {!! $merchant['merchant_name'] !!} has to collect the following information from customers for assessment.
⮚ For interested customers who do not require finance for product subscription, {!! $merchant['merchant_name'] !!} to offer products as availed by customers. Sourcing (Digital Sales Process) ⮚ {!! $merchant['merchant_name'] !!} to obtain confirmation from customers about the requirement of finance for availing product subscription. ⮚ In a process not integrated with API
⮚ For interested customers that require finance for merchant’s product and services, {!! $merchant['merchant_name'] !!} will guide customers to upload required documents on the {!! $merchant['merchant_name'] !!} portal for assessment. (add/delete as per the EMI Partner’s specification)
⮚ For interested customers who do not require finance for merchant’s product and services, {!! $merchant['merchant_name'] !!} to offer products as availed by customers. |
{!! $merchant['merchant_name'] !!} |
| Sanction Process
⮚ {!! $merchant['merchant_name'] !!} should collect only basic customer information to do the basic eligibility check The basic information collected for eligibility check includes:
|
Credit Fair |
⮚ For approved cases
** Note: Turn-around Time (TAT) for Sourcing & Sanction Process is T0 days calculated from the date of completion of application by customer, Where T0 being first day. |
{!! $merchant['merchant_name'] !!} Team / Credit Fair |
| Disbursement Process
⮚ On completion of the sanction process, agreement signing, the Credit Fair's operations team will verify all documents and forward the case for disbursement. ⮚ Credit Fair's Operations team to transfer the disbursement amount after deducting subvention amount plus GST basis the business agreement ⮚ Daily MIS report to be shared by Credit Fair, report should include
** Note: TAT for disbursement is T0 + 1 working day, where T0 is agreement signing |
Credit Fair |
| Collection Process
⮚ As customers will do the ENACH registration on completion of sanction process. ⮚ In case of physical NACH registration, Company’s operations team will initiate NACH registration as soon as NACH mandate is uploaded on portal or physical copy is delivered to Credit Fair's office (as preferred by Company) ⮚ For unregistered NACH, Credit Fair's should connect with customers for re-initiation of E-NACH registration or collection of revised NACH mandate. |
Credit Fair Team |
| EMI Bounce cases
⮚ Credit Fair to share report of bounce cases to {!! $merchant['merchant_name'] !!} customer support team Note: TAT for sharing report of collection of bounce cases is T0 + 7, where T0 is date of receipt of bounce report from Company |
{!! $merchant['merchant_name'] !!} Team |
| Subvention Invoicing
⮚ Credit Fair will share a monthly MIS for net of subvention charges. Subvention invoice will be shared after disbursement of each case. |
Credit Fair Team |
|
Signed and delivered [for and on behalf of]/[by]
{!! $lender['name'] !!}
⨂ ………………………………………………….
By. Aditya Damani
Title: Director
|
I have read all the terms and conditions mentioned in the agreement and I agreed to it.
{!! $merchant['owner_name'] !!} (Owner) signed this agreement at {{ date('h:s A',strtotime($signed_data[0]['click_time']))}} on {{ date('d-M-Y',strtotime($signed_data[0]['click_time']))}}
{{$language_consent['consent']}}
{!! $user['co_applicant_name'] !!} (Co-Applicant) signed this agreement at {{ date('h:s A',strtotime($signed_data[1]['click_time']))}} on {{ date('d-M-Y',strtotime($signed_data[1]['click_time']))}}
| {!! $merchant['merchant_name'] !!} | {!! $date !!}@if($date >=4) th @elseif($date == 1) st @elseif($date == 2) nd @elseif($date == 3) rd @endifday of {!! date('F',time()) !!} {!! date('Y',time()) !!} |
Subject: Master Agreement dated {!! $date !!}@if($date >=4) th @elseif($date == 1) st @elseif($date == 2) nd @elseif($date == 3) rd @endifday of {!! date('F',time()) !!} {!! date('Y',time()) !!} (“Agreement”) executed between {!! $merchant['merchant_name'] !!}(“Merchant”) and {!! $lender['name'] !!} (“Company”)
Dear {!! $merchant['owner_name'] !!},
|
Signed and delivered [for and on behalf of]/[by]
{!! $lender['name'] !!}
⨂ ………………………………………………….
By. Aditya Damani
Title: Director
|
I have read all the terms and conditions mentioned in the agreement and I agreed to it.
{!! $merchant['owner_name'] !!} (Owner) signed this agreement at {{ date('h:s A',strtotime($signed_data[0]['click_time']))}} on {{ date('d-M-Y',strtotime($signed_data[0]['click_time']))}}
{{$language_consent['consent']}}
{!! $user['co_applicant_name'] !!} (Co-Applicant) signed this agreement at {{ date('h:s A',strtotime($signed_data[1]['click_time']))}} on {{ date('d-M-Y',strtotime($signed_data[1]['click_time']))}}