UNITEPAY KENDRA TERMS AND CONDITIONS

Unite Technoedge Private Limited (“UnitePay”) is a Financial Services platform delivering full-stack banking & Financial services to individuals and businesses. Unitepay is authorised by Corporate Business Correspondent (“CBC”) and appoint us Agent Business Correspondents (“ABC”) to deliver mainstream financial and citizen services to Customers under the guidelines issued by RBI vide RBI/2010-11/217 DBOD. No. BL.BC.43/22.01.009/2010-11 dated September 28, 2010, and the related constraints therein, with such further changes as may be initiated by the RBI & CBC respectively from time to time. “UnitePay Kendra(s)” shall mean and include the Users registered on the UnitePay Platform who are authorised by UnitePay and the Bank to operate as ABC(s) under the above-mentioned guidelines for providing banking and citizen services envisaged in these UnitePay Kendra Terms and Conditions. UnitePay Kendras shall also be known as OSP’s (Oulet Service Providers). These UnitePay Kendra Terms and Conditions (“UnitePay Kendra Terms and Conditions”) as set out below are in addition to the Terms and Conditions as set out above and are applicable to all the UnitePay Kendras registered on the UnitePay Platform.

UNITEPAY KENDRA OBLIGATIONS AND DUTIES

1. The UnitePay Kendra shall only undertake the activities in accordance with all the applicable Terms, relevant regulations and standard operating procedures issued by the Bank or the Regulators from time to time.
2. The UnitePay Kendra shall take an appropriate insurance policy in order to protect itself from any business impediments, financial and non-financial risks.
3. The UnitePay Kendra shall operate at its own cost as may be required by the Company or the Bank to effectively deliver the services to the Customers.
4. The UnitePay Kendra shall ensure that any additional resource(s) engaged by the UnitePay Kendra, subject to prior written approval from the Company, are selected through a process found suitable by the Company for providing the services in a timely and efficient manner.
5. The UnitePay Kendra shall be solely responsible for compliance with all applicable labour laws in relation to the personnel it employs along with the associated costs. UnitePay will not have any right, obligation or responsibility whatsoever to control, supervise or manage the UnitePay Kendra’s employees, agents or independent contractors.
6. The UnitePay Kendra may utilize any third-party software other than the Software for providing the Services only after prior written permission of the Company. The UnitePay Kendra shall ensure that such third-party Software is validly licensed, procured and installed. It shall ensure that the use of third-party Software shall not affect or damage UnitePay's Software.
7. The UnitePay Kendra shall act prudently in accordance with these Terms and Conditions and shall exercise all due diligence in carrying out its duties and obligations under these Terms and Conditions. The UnitePay Kendra agrees that they will preserve the data in accordance with the legal/regulatory obligations of the Company and as required under various circulars, guidelines, notifications etc. issued by the Bank or other regulatory authorities.
8. The UnitePay Kendra shall not exercise any lien or right to set-off or appropriation on any of the assets, properties, documents, instruments or material belonging to the Company and/or the Customers and/or non-Customers in the custody of the UnitePay Kendra for any amount due or claimed to be due by the UnitePay Kendra from the Bank.
9. The UnitePay Kendra shall promptly provide the details provided by the Company indicating the charges (if any) for the Services rendered to each and every Customer. The UnitePay Kendra shall ensure that the charges for offering Services are clearly communicated to the Customer prior to rendering the services.
10. The UnitePay Kendra shall not charge any fee from the Customer either directly or indirectly or on behalf of the Company over and above the fee specified by the Company from time to time.
11. The UnitePay Kendra undertakes to perform the Services in accordance with the instructions provided by the Company from time to time.
12. The UnitePay Kendra undertakes that any software or hardware used by the UnitePay Kendra shall comply with the industry standards and will be updated regularly.
13. The UnitePay Kendra shall immediately notify the Company of any breach of security and leakage of confidential information. In such eventualities, the UnitePay Kendra shall be liable for all the damages and repercussions.
14. The UnitePay Kendra shall familiarize itself with the Grievance Policy of the Company; the UnitePay Kendra shall communicate this policy to each and every Customer and shall notify the Company within the specified time period of any claims/complaints/grievances made by the Customers.
15. The UnitePay Kendra undertakes that any Customer information taken shall be strictly protected as per the Terms and Conditions and the UnitePay Kendra would not source any other personal sensitive information from the Customers.
16. In no event shall the UnitePay Kendra indulge or enter into any financial transaction with any of the UnitePay employees, associates, agents and/or personnel. UnitePay shall not be liable for any damages, losses (direct or indirect) whatsoever caused to the UnitePay Kendra arising out of such transactions.
17. The UnitePay Kendra shall treat all the Customers with dignity and respect and shall not resort to any kind of intimidation or harassment, either verbal or physical against any person.
18. If any legal proceeding is instituted by any Customer, the UnitePay Kendra shall immediately intimate the same to the Company and provide all documents and information to enable the Company to take appropriate action. The Company shall not be liable for any dispute arising between the UnitePay Kendra and any other entity / third party. The UnitePay Kendra shall not make any representation to the Customers or otherwise give any warranties other than those contained in the standard terms and conditions laid down by the Company.

CASH MANAGEMENT

UnitePay shall from time to time authorise certain UnitePay Kendras for cash management activities and to further extend the reach of banking services to the Customers for greater financial inclusion. Such UnitePay Kendras shall:
19. Collect and/or dispense cash at other UnitePay Kendra outlets in the assigned territory to ensure uninterrupted delivery of banking and citizen services to the Customers as per the mutually agreed terms.
20. Confirms that it assumes all the risks associated with cash logistics and shall take an appropriate insurance policy in order to protect itself from any business impediments, financial and non-financial risks.
21. Be solely responsible for providing genuine currency to all the UnitePay Kendras and hence to the Customers towards the Transactions performed and the Company shall not assume any responsibility in this regard.
22. Ensure that the credit or debit against the cash collected or dispensed to the other UnitePay Kendra(s) happens on an immediate basis at the time of handing over the cash.

PENALTIES

a. All fraudulent activities like Overcharging, Unauthorised Transactions through personal user id’s, creating multiple Personal user id’s, sharing of access credentials/OSP ID, other irregularities, will be dealt strictly. Punitive action will be taken for any misconduct/Irregularities/Non-compliance of these terms and conditions.
b. The penalties for Irregularities/Misconduct/Non-Compliance of OSPs will be as under:

S.NO.	Nature of Irregularities	Penalty Provision
1.	Software Tampering: Any activity restricted by UnitePay like Cases such as: a. Sharing of Access credentials, Creating Multiple Users , White Labelling, unauthorized branding, Misuse of UnitePay Portal:Any activity restricted by UnitePay like cases such as: b. Modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative work forms, transfer or sell any information from UnitePay Portal.	a. A penalty of Rs. 35 lakh + Taxes will be imposed per case on the RSP and RSP will be suspended permanently. And Cases involving cyber act violations will be reported to Cyber Crime Police b. A penalty Rs.15 lakh + Taxes will be imposed per case on the RSP will be suspended permanently. And Cases involving cyber act violations will be reported to Cyber Crime Police
2.	Un-authorised access – Cases such as:: Sharing of access credentials to web services, Sharing of OSP ID, Engagement with any other third party in any manner whatsoever any mode or manner including a e- commerce platform operating through a website or Smartphone application or tablet application, Unauthorized Sale/Transfer of OSP ID, etc..	A penalty of Rs.50,000/- + Taxes per case, of a complaint, will be imposed on the OSP ID of such outlet will be permanently deactivated And Cases involving cyber act violations will be reported to Cyber Crime Police
3.	Point of sale fraud/ Non-compliance – Cases such as: Overcharging, non-payment, charging of cancellation charges, Mis-Use of Customer Information’s, Illegal Transfer, Unauthorised Collection in wallet, Unauthorised Use Of Services, Unauthorised DMT Transactions, False Transaction Claim.	1. A penalty of Rs.50,000/- + Taxes per case or May be increased any time of a complaint, and 2. A penalty of double the amount of such overcharging/non-payment + Taxes will be imposed on OSP. 3. The OSP ID of such outlet will be permanently deactivated. 4. A penalty Received From CBS (APIs Partners/Banks) bear By OSP Totally.

SETTLEMENT

The payment mechanism for settlement of the fee payable by the UnitePay Kendra or the Company as applicable shall be as follows:
23. The Company shall make available to the UnitePay Kendra a report in electronic form setting forth the following information relating to each Transaction: The Transaction amount, date and time of the Transaction, Transaction serial number, Service Provider identification and response code ("MIS"). The MIS shall be made available to the UnitePay Kendra via an online portal. The format and controls on the portal and process will be as provided by the Company and as updated from time to time.
24. The UnitePay Kendra shall maintain sufficient credit/balance with the Company so as to enable each Transaction to be carried out smoothly. The Company reserves the right to decline any Transactions done over and above the balance of UnitePay Kendra available with the Company.
25. The UnitePay Kendra hereto agrees that any payment instructions for Transactions accepted by the UnitePay Kendra as per the terms hereof which are subsequently disputed due to (a) the authorization by the UnitePay Kendra of any Transaction with an amount exceeding the UnitePay Kendra’s account balance or credit limit, or (b) the authorization by the UnitePay Kendra of a fraudulent Transaction, shall always be the liability and responsibility of UnitePay Kendra.
26. The UnitePay Kendra hereby acknowledges and agrees that UnitePay is a facilitator for payment processing services which are requested and authorized by UnitePay Kendra and UnitePay shall not be responsible for any unauthorized transaction done by any person including third party and amounting to infringement of another’s rights or any chargebacks claimed by the Customers. It will be the responsibility of UnitePay Kendra to ensure due protection while transacting online or otherwise. UnitePay will assist the UnitePay Kendra in settling any queries related to the Services that arise between the UnitePay Kendra and its Customers and any other UnitePay Kendra. However, UnitePay shall bear no responsibility with respect to the dispute or query related to the payment made by the Customers to the UnitePay Kendra.
27. On the receipt of the Chargeback from the customer, UnitePay Kendra shall be notified by the Company. The UnitePay Kendra shall be entitled to furnish documents and information pertaining to the Transaction associated with the Chargeback within one (1) working day or such other period as specified by the bank whichever is higher. The UnitePay Kendra agrees and acknowledges that (i) if the UnitePay Kendra is unable to furnish Chargeback Documents (ii) the bank is not satisfied with the Chargeback documents furnished by the UnitePay Kendra, then the bank shall be entitled to order the UnitePay to affect a reversal of the debit of the Chargeback Amount associated with the Chargeback such that the said chargeback amount is credited to the Customer’s Payment Instrument.

DATA SECURITY AND STORAGE

28. The UnitePay Kendra shall comply with the provisions contained in the Information Technology Act, 2000 and the statutory rules framed thereunder, from time to time, in so far as the same has applied to its operations in accordance with all these Terms and Conditions, and also with all other Laws, rules and regulations, whether already in force or which may be enacted from time to time, pertaining to data security and management, data storage, sharing and data protection, and various rules, regulation and provisions as may be applicable, as and when the same is enacted into law and comes into force, and shall ensure the same level of compliance by all its employees.
29. The UnitePay Kendra confirms and certifies that it will never engage in any acts that violate any laws and regulations. It shall also ensure that the financial data or any other information of the Customers received by the UnitePay Kendra are stored in a system only in India. This data shall include a full end to end transaction details/information collected/carried/processed as part of the message/payment instructions.