BUSINESS FACILITATORS AGREEMENT/
Please read the entire terms & conditions.
This document is a computer-generated electronic recored published in terms of Rule 3 of the Information Technology(Intermediaries Guidelines)Rules,2011 read with Information technology Act,2000 and does not require any physical or digital signature.
This document applies to the access and use of the TRE-CRED SOLUTIONS PVT LTD PLatform (defined later).By accessing and/or using any information,content,services,etc.Available therein,you agreee to and be bound by the termas herein,please cease using the TRE-CRED SOLUTIONS PVT LTD Platform immediately.Your warrant that you are not syffering from any of disqualifiacations and/or legally barred to use the TRE-CRED SOLUTIONS PVT LTD by any law/authority/agency/government body.The company reserves the right to updatae this document at any time without notice to you.
In order to access/use the TRE-CRED SOLUTIONS PVT LTD platform and to provide your servicez therefrom, you are required to first complete the registration and enrolment process provided by TRE-CRED SOLUTIONS PVT LTD.It is clarified that the registration shall not alone make you a ‘financial aadvisor’so as to be eligible for enrolment.Your enrolment shall be at the sole discretion of TRE-CRED SOLUTIONS PVT LTD and its partner bank/company/NBFCs(defined later),which shall not be challenged by you.In the event of refusal of your applications the same shall br informed to you by TRE-CRED SOLUTIONS PVT LTD.
These platform related terms(“Terms”)are applicable to you(hereinafter reffered to as “you”or “your”or “yourself”)when you use or access the TRE-CRED SOLUTIONS PVT LTD or any part thereof in anyway,including,without limitations,using any information,content,services,etc.available therein, and you agree to and be bound by them.If you do not agree or accept any of the terms herein,please do not access/use the TRE-CRED SOLUTIONS PVT LTD platform in any way whatsoever.
By clicking the acceptance button or by accessing,using or installing any part of the TRE-CRED SOLUTIONS PVT LTD platform,You,as an independent financial, advisor,expressly agree to and filly consent to be bound by the terms of this agreement. if you do not agree to any of the terms hereof,Please do not access/ise any part of the TRE-CRED SOLUTIONS PVT LTD platform.
This Promoter agreement(“Agreement”)is made between TRE-CRED SOLUTIONS PVT LTD, a company incorporated under the Companies Act,2013 and having registered office at Royal Palms Mainframe Office no.B 741 Goregaon East 400065.herein after reffered to as “TRE-CRED SOLUTIONS PVT LTD”(which expression shall,wherever the context so requires, includes its/their administrators,group companie,affiliates,subsidiaries,successors and assigns)of the one expression shall, wherever the context so requires,includes your heirs,successors and assigns)of the other part.
TRE-CRED SOLUTIONS PVT LTD and the financial advisor are hereinafter,collectively reffered to as the “parties” and individually as a “party”.
1: DEFINITIONS
Unless the context otherwise requires,the following expressions shall have the respective meanings:
1.1″Advisor Services(promoter):shall meanthe services,mainly being the marketing and sale of financial products and TRE-CRED SOLUTIONS PVT LTD services,to be rendered by the financial advisor to the customers through the TRE-CRED SOLUTIONS PVT LTD platform as set out under Annexure1 to this agreement
1.2″confidential Informations”shall include the(i)informations furnished to or obtained by the financial advisor form TRE-CRED SOLUTIONS PVT LTD/customer(defined later)pursuant to this agreement,including passwords,informations relating to the Financial Products and TRE-CRED SOLUTIONS PVT LTD services,etc.(ii)contents of this agreemen,(iii)any other agreement executed in connections with this agreement,(iv)all customer data(defined later);and(v)all information disclosed by TRE-CRED SOLUTIONS PVT LTD to the promoter or that the promoter may receive,obtain or has been privy to as aresult of the relationship between the parties under this agreement.
1.3″TRE-CRED SOLUTIONS PVT LTD Platform”shall mean website(www.fintmsolutions.com),software,technology,platform,manpower and any such facillitations resources offered by TRE-CRED SOLUTIONS PVT LTD to the promoter so as to enable the promoter to effectively market and sell financial products and TRE-CRED SOLUTIONS PVT LTD services to the customers.
1.4″TRE-CRED SOLUTIONS PVT LTD Services”inter alia includes all the financial producrs either issued by TRE-CRED SOLUTIONS PVT LTD solely or in conjuction with any Partner Banks/NBFCs/Companies(defined later)and Insurance companies.
1.5″Customer”shall mean any individual/entity who avails the Financial Products or TRE-CRED SOLUTIONS PVT LTD Services on or through the TRE-CRED SOLUTIONS PVT LTD platform.
1.6″Financial Products”shall mean and include credit cards,personal loan,SME loans,home loans,LAP loans,FIXED DEPOSIT,MUTUAL FUNDS,INSURANCE products and services or any such products which shall be introduced and offered to the TRE-CRED SOLUTIONS PVT LTD directly or in conjuction witj any partner Bank/NBFCs/Companies.
1.7″Merchandise”shall mean the marketing materials and consumable marterials for display at the premises(defined later)as may be supplied by the FINTM SOLUTUONS to the Promoter.
1.8″Partner Banks/NBFCs/Companies”shall mean various banks and financial institutions who are licensed/registered under the Reserve Bank Of India(RBI) Act 1934 as well as Insurance companies who are licensed/registered under the Insurance Regulatory and Development Authority(IRDA) Act 1999,as well as Mutual Funds Companies who are licensed/Registered under the Securities and Exchange Board of India(SEBI) Act 1996,to accept applications of and issue financial Products.
1.9″Premises”shall mean the premises from where the promoter is authorized by TRE-CRED SOLUTIONS PVT LTD to facilitate the Advisor services under the terms of this agreement.
2:Scope Of Services
2.1 TRE-CRED SOLUTIONS PVT LTD shall provide the TRE-CRED SOLUTIONS PVT LTD Platform and such other facilitations resources based access to the promoter to facilitate solicitation of financial products and/or any other services as decided by TRE-CRED SOLUTIONS PVT LTD and its Partner banks/NBFCs from time to time.
2.2 The Promoter agrees that he/she will use his/her best efforts to partner with TRE-CRED SOLUTIONS PVT LTD for social action and capacity building,which shall be non-discriminative,secular,non-explotative and transparent.
2.3 TRE-CRED SOLUTIONS PVT LTD hereby agrees to provide access to provide access to TRE-CRED SOLUTIONS PVT LTD platform to the promoter in accordance with the terms of this agreement and as per the scope of services detailed in Annexure1 hereto.
2.4 It is expressly agreed by the promoter that the quality of the advisor services as per the parameters specified in Annexure1 and Annexure3 is the essence of this agreement and any reasonable assesment made by TRE-CRED SOLUTIONS PVT LTD in this regard shall be final,acceptable to and binding upon the promoter without any protest.
3:Fees And Commissions
3.1 The promoter agrees and acknowledges that TRE-CRED SOLUTIONS PVT LTD will pay fee or commissions to the promoter for performing the duties and obligations mentioned in the scope of this agreement.such payment of fees/ commission is subject to the following:
3.1.1 Whatever the TRE-CRED SOLUTIONS PVT LTD gets from the Partners Banks/NBFCs/Companies on account of fees/commission against the business,40% of the company revenue which he/she had done will distribute/given as an fees/commissions.And 10% of the company revenue which he/she had done will distribute as an overriding(defined later) fees/commissions,on the particular business what he/she promoter had done.
3.1.2 Fees and commissions may vary for every financial products sold by the financial advisor from TRE-CRED SOLUTIONS PVT LTD website/platform from time to time.
3.1.3 TRE-CRED SOLUTIONS PVT LTD is primarily sharing only a part of the fees/commission received from its partner banks/NBFCs/Companies and in this sense the quantum and timelines for making such a payment to the promoter solely depends on TRE-CRED SOLUTIONS PVT LTD receiving it from them.
3.1.4 TRE-CRED SOLUTIONS PVT LTD has the sole right and discretion to affix the quantum and timelines for payment of such fees/commissions without any prior notice, consultation or agreement of any manner whatsoever with the promoter to which the promoter ahall not protest.
3.1.5 The promoter agrees and acknowledges TRE-CRED SOLUTIONS PVT LTD rights to impose penalties or reverse any fees/commissions at its sole discretion.such fees/commissions could be assigned or paid and TRE-CRED SOLUTIONS PVT LTD reserves the right to levy on retrospective basis.
3.1.6 The fees and commissions will be paid by way of transfer to the designated bank account of the Promoter or any such payment mechanism decided by TRE-CRED SOLUTIONS PVT LTD at its sole discretion.The Promoter is solely responsible for providing accurate and valid information of its own bank account for this purpose.TRE-CRED SOLUTIONS PVT LTD will not be responsible for any errors,intentionally or otherwise,in the same.
3.1.7 TRE-CRED SOLUTIONS PVT LTD will communicate appllicable fees/commissions from time to time using any of the communication media,including but not limited to e-mail,SMS,Website,whatsapp,Telegram or similar.
3.2 Fees and Commissions for the aadvisor services provided by the Promoter under this agreement shall be as per the mechanism set out in Annexure2
3.3 Not with standing anythings as set out herein or anywhere in this agreement,TRE-CRED SOLUTIONS PVT LTD shall periodically review the fees/commissions payable to the promoter.Any changes and /or amendments there to post such review shall be recorded in writing and shall become binding on both the parties.
3.4 Nothing contained herein shall prevent TRE-CRED SOLUTIONS PVT LTD from deducting tax at source,application of levies etc.as required under any applicable law.
3.5 Each party shall be responsible for paying and complying with the respective tax liabilities and other status as applicable to it.
4:Aadhar Consent
4.1 I voluntarily opt for Aadhar OVD KYC or e-KYC or offline verification and submit to TRE-CRED SOLUTIONS PVT LTD my aadhar number,XML,Masked Aadhar,Aadhar details,demographic information,identity information,Aadhar registered mobile number,face authentication details and/or biometric information(collectively,”Information”)
5:Duties And Obligations Of The Promoter
5.1 The Promoter Agrees that he/she shall provide the advisor services as set out below:
5.1.1 Identify prospective customer for various financial products and verify the eligibility of such customers of the financial products based on the criteria provided by TRE-CRED SOLUTIONS PVT LTD from time to time.
5.1.2 Facilitate enrolment of the target customers for various Financial Products,including But not limited to collection of documents for customer verification and registration.
5.1.3 Educate ans inform about the various financial products to the customers who clear TRE-CRED SOLUTIONS PVT LTD enrolment and eligibility criteria and security procedure as communicated by TRE-CRED SOLUTIONS PVT LTD from time to time.
5.1.4 Provide such other future services for the Financial products on behalf of TRE-CRED SOLUTIONS PVT LTD,duly authorized by the appropriate authorities of TRE-CRED SOLUTIONS PVT LTD,as mutually agreed upon bu the parties from time to time.
5.1.5 Facilitate communications with the customers and assist TRE-CRED SOLUTIONS PVT LTD in collection and verification of know your customer (“KYC”)documents,compliance of the KYC process by TRE-CRED SOLUTIONS PVT LTD in accordance with the rules as communicated from time to time by TRE-CRED SOLUTIONS PVT LTD,including facilitation of verification of the customers personal information/data;however the finall KYC exercise on the customer will be undertaken by TRE-CRED SOLUTIONS PVT LTD or Partner banks/NBFCs/Companies(any such third parties) entities that TRE-CRED SOLUTIONS PVT LTD has tied up with.
5.1.6 Process and submit customers applications for the financial products digitally and/or physically to the specified address provided by TRE-CRED SOLUTIONS PVT LTD.
5.1.7 Perform Advisor services in accordance with the instructions given by TRE-CRED SOLUTIONS PVT LTD from time to time.
5.1.8 To discuss,forthwith, instances of security lapses and breaches,if any as soon as the same come to his/her notice.
5.2 The Promoter shall always follow the fair practice code as mentioned in the code of conduct under Annexure3 of this agreement.
5.3 The Promoter will ensure that all information exchange between the customer and TRE-CRED SOLUTIONS PVT LTD/TRE-CRED SOLUTIONS PVT LTD platform,including but not limited tp personal details,KYC document,OTP amd the like is recorded and transmitted on “AS IS” basis without any tempering or modification whatsoever and without forwarding to any other party.
5.4 Any failure to adhere to above clause 2.3 will be deemed as a serious and material breach of this agreement and TRE-CRED SOLUTIONS PVT LTD will,at its sole discretion,be entitled to forthwith terminate this agreement with the Promoter without any futher payment to the TRE-CRED SOLUTIONS PVT LTD.In case any such breach results in any kind of financial losses,liability,claims,penalties whatsoever upon TRE-CRED SOLUTIONS PVT LTD,the promoter agrees to bear all such expenses solely and indemnifies TRE-CRED SOLUTIONS PVT LTD from any such breach.
5.5 The Promoter confirms that all the information and corresponding KYC documents provided to TRE-CRED SOLUTIONS PVT LTD at the time of enrolment are true and accurate to the best of his/her knowledge.
5.6 For processing of the TRE-CRED SOLUTIONS PVT LTD services, the Promoter is required to register and maintain a user Access ID(s) with TRE-CRED SOLUTIONS PVT LTD/TRE-CRED SOLUTIONS PVT LTD Platform(“Account”).The Promoter shall be fully responsible for maintaining the utmost confidentially,privacy and security of the account and TRE-CRED SOLUTIONS PVT LTD shall have no liability for any loss or damage caused for any failure/negligence, wilful or otherwise, by the promoter to maintain such confidetially privacy or security.
5.7 The Promoter may choose to access the TRE-CRED SOLUTIONS PVT LTD platform either using TRE-CRED SOLUTIONS PVT LTD website or any such access channel as and when provided by TRE-CRED SOLUTIONS PVT LTD.
5.8 Unless otherwise agreed specifically in writing between the parties, the promoter confirms his/her agreement with and be bound by every term of the agreement upon setting up his/her account.
5.9 The promoter agrees that he/she will not use the TRE-CRED SOLUTIONS PVT LTD platform to:
5.9.1 Commit or cause to be committed any crime or offense or encourage conduct that would constitute a criminal offense or give rise to a civil liability,or other wise violate any local, state,fedral or international law or regulation.
5.9.2 Upload,post,e-mail or otherwise transmit any content that is unlawful,defamatory,harassing,abusive,invasive of another’s privacy.infringes upon the rights of third parties, harmful,wrongful, or obscene.
5.9.3 Harms minors in any way.
5.9.4 Upload post,e-mail or otherwise transmit any material information or content that he/she does not have a right to transmit under law or contractual relationship.
5.9.5 Disguise the origin of the material,information or content that infringes any intellectual property right or other proprietary or privacy right of any individual or entity.
5.9.6 Disguise the origin of the material, information or content by omitting or obscuring copyright or authorship,or by forgiving headers or otherwise manipulating identifiers.
5.9.7 Upload post,e-mail or otherwise transmit any unsolicited advertising,promotional materials,or other forms of solicitation,such as “junk mail””spam”,”chain letters”,or “pyramid schemes”.
5.9.8 Alter,Damages, or delete any material, information, content or communication that is not belonging to the Promoter or to interfere with the ability of other to have access or use of the TRE-CRED SOLUTIONS PVT LTD platform.
5.9.9 upload post,e-mail or otherwise transmit any material, informations or content that contains a trojan,software virus or any other computer code,file or program that would interfere or impair with the functionality of the TRE-CRED SOLUTIONS PVT LTD platform or any computer software, hardware or telecommunications equipment of the customer.
5.9.10 Disrupt the normal communication o otherwise act in such a way that would negatively impact TRE-CRED SOLUTIONS PVT LTD users’ability to engage in real time exchanges.
5.9.11 Impersonate or claim a relationship with or speak for any individual,business,association,institution,or other organization,including,but not limited to FINTM SOLUTIIONS has non authorization to do so or to claim such relationship
5.9.12 Interfere with or disrupt the services or servers or network connected to the TRE-CRED SOLUTIONS PVT LTD platform,or disobey any requirements,procedures,policies,or regulations of networks connected to the TRE-CRED SOLUTIONS PVT LTD platform.
5.9.13 Collect or store personal data about TRE-CRED SOLUTIONS PVT LTD representatives or customers or vendors.
5.9.14 Stalk or otherwise harass any individual or cause to be reproduced,duplicated copied,used ,distributed,sold,resold,or otherwise exploit in any manner for commercial use or purpose any aspect of the TRE-CRED SOLUTIONS PVT LTD platform or any associated sofftware,services and products.
5.10 The promoter shall be bounde by the code of conduct as per the details set out under Annexure3 of this agreement Not eith outstanding anything stated in Annexure3,if the Promoter is found indulging in acts of commission/commission which may be prejudicial to the interest of TRE-CRED SOLUTIONS PVT LTD ,TRE-CRED SOLUTIONS PVT LTD Platform or any customer,or if the promoter commits any act of dishonesty,disobedience,insubordination or any other misconduct or neglect of duty or is found incompetent in the discharge of his/her duty,he/she may be subject to appropriate disciplinary action,as per the polices and sole discretion of TRE-CRED SOLUTIONS PVT LTD.
5.11 The Promoter Futher agrees as under:
5.11.1 The Promoter shall be solely responsible for all expenses,including expenses for arranging its infrastructure,including for a mobile phone,computer,printer,internet connection, electricity,salaries of his/her employees if any hired by the promoter etc.In providing the advisor services as well as for all usage and compliances there to as per applicable laws.TRE-CRED SOLUTIONS PVT LTD will in no way be liable or responsible for any non-compliance thereof.The Promoter must disengage any employee/staff appointed by him/her for perfromance of the advisor services upon receipt of written request from TRE-CRED SOLUTIONS PVT LTD in relation to the same if TRE-CRED SOLUTIONS PVT LTD feels it would be in th best interests of TRE-CRED SOLUTIONS PVT LTD and/or the TRE-CRED SOLUTIONS PVT LTD platform.
5.11.2 The Promoter agrees and acknowledges that TRE-CRED SOLUTIONS PVT LTD shall have the right to modify or completely change,inter alia the scope of the advisor services and/or service levels without prior notice to the TRE-CRED SOLUTIONS PVT LTD.
5.11.3 The Promoter undertakes to keep the customer application forms and KYC related documents in its safe custody and hand over to TRE-CRED SOLUTIONS PVT LTD as per the instructions issued by TRE-CRED SOLUTIONS PVT LTD from time to time.
5.11.4 The promoter acknowledges that any breach of the terms of this agreement by him/her shall result in severe loss and long term hardship to TRE-CRED SOLUTIONS PVT LTD/Customers and TRE-CRED SOLUTIONS PVT LTD shall have the right to intiate appropriate legal proceedings against the Promoter,including seeking damages, specific performance,or any other relief available under applicable law and equity.
5.11.5 The promoter agrees to use the intellectual property rights,TRE-CRED SOLUTIONS PVT LTD branding and merchandise,if provided by TRE-CRED SOLUTIONS PVT LTD,only as a mere temporary licnese for the limited purpose of providing the advisor services and for undertaking his/her other obligations under this agreement.The Promoter must adhere to any instructions issued by TRE-CRED SOLUTIONS PVT LTD from time to time in relation to use of the TRE-CRED SOLUTIONS PVT LTD branding,the merchandise or any other intellectual property right owned by TRE-CRED SOLUTIONS PVT LTD.
5.11.6 The Promoter hereby agrees to indemnify,keep indemnified and hold TRE-CRED SOLUTIONS PVT LTD and its directors,officers,employees,customer,agents,vendors and representatives harmless from and against all claims,costs,expenses,legal proceedings,damages,penalties,fines,liabilities incurred or suffered by any of them in any manner relating to any representation or warranty of the Promoter shall must fully cooperate with such auditors/authorized personnel appointed by TRE-CRED SOLUTIONS PVT LTD and must provide all records,documents,etc as may be requested by them for undertaking the audit.
5.11.7 The Promoter hereby agrees to indemnify,keep indemnified and hold TRE-CRED SOLUTIONS PVT LTD and its Directors,officers,employees Customers,agents vendors and representatives harmless from and against all claims,costs,expenses,legal proceedings,damages,penalties,fines,liabilities incurred or suffered by any of them inn any manner relating to any representation or warranty of the Promoter set forth in this agreement,being unture or incorrect,for any breach of any of the obligations and/or covenants of the Promoter under this agreement and also for any negligence or breach of the obligations of the promoter or its employees under this agreement.
6: Term And Termination
6.1 This Agreement is effective upon the Promoter acceptance of this agreement as set forth Herein and shall continue to be in force and effect,unless terminated in accordance with terms hereof (“Terms”)
6.2 It is expressly agreed that any transactions by way if completion of advisor services after the termination of this agreement but initiated prior to the termination of this agreement shall not be construed to be and shall not be an extension of this agreeement.
6.3 This agreement,in full or in part,shall automatically terminate in the event of the termination of TRE-CRED SOLUTIONS PVT LTD contractual arrangement with partner banks/NBFCs/Companies(any third parties companies) relevant to that particular Advisor services.
6.4 Not with standing anything contained in this agreement,TRE-CRED SOLUTIONS PVT LTD shall be entitled to terminate this agreement for convenience without assigning any reasons and on immediate basis or otherwise and without incurring any liabilities for such termination provided however that any undisputed amount of fees/commissions shall be paid by TRE-CRED SOLUTIONS PVT LTD upto the date effective termination.
6.5 Termination or expiration of this agreement shall not prejudice the right of a party to recover any payment due to it at the time of termination or expiration or accuring as a result thereof,nor shall such termination or expiration prejudice any cause of action or claim of party accured.All obligations and liabilities incurred prior to termination or expiration will survive until discharged.notwithstanding the foregoing or anything else contained herein to the contrary no fees/commission for the financial products shall become due or paid after the termination or ecpiration of this agreement,except for fees/commission earned prior to ny such terminationor expiration of this agreement.
6.6 The provisions reffered herein shall not preclude TRE-CRED SOLUTIONS PVT LTD from recourse to any other remedies available to itself by statue or otherwise,at law or in equity.
6.7 Termination or expiration of this agreement shall be without prejudice to the rights and remedies of TRE-CRED SOLUTIONS PVT LTD to claim any punitive damages and/or liquidated damages or other damages from the other party in connection with any breach or violation of the terms of agreement during its currency and afterwards.
6.8 TRE-CRED SOLUTIONS PVT LTD shall have rights to forthwith terminate this agreement without payment of any fee/commission,on the occurrence of any of the following events:
6.8.1 Material breach by the promoter of any if his/her obligations under this agreement,including but not limited to the causes mentioned in clause 11 of this agreement.
6.8.2 Breach by the promoter of any of its duties,obligations,representations or warranties as set fourth in this agreement.
6.8.3 Filing of voluntary or involuntary proceedings by of against the promoter under bankruptcy or insolvency laws or under laws for liquidation,dissolution,receivership or similar procedures,or the promoter seeks or consents to similar relief or remedies without proceedings.
6.8.4 In the event of the Promoter being inactive and/or unproductive for more than 30(Thirty)days on the TRE-CRED SOLUTIONS PVT LTD platform from the last successful transaction undertaken by the promoter on the platform.
6.8.5 In the event of misreprensentation by the promoter,including but not limited to data,information,staff/agent details,transactions by the Promoter.
6.8.6 In the event of TRE-CRED SOLUTIONS PVT LTD inability to TRE-CRED SOLUTIONS PVT LTD services to the customers for whatsoever reasons.
6.8.7 Without prejudice to the above,TRE-CRED SOLUTIONS PVT LTD may at its sole discretion terminate this agreement forthwith by written intimationto the promoter if in the sole opinion of TRE-CRED SOLUTIONS PVT LTD,the performance of the advisory services by the promoter is not satisfactory or for any reasons that it may deem fit.
6.8.8 Notwithstanding the foregoing or anythings else contained herein to the contraty,no fees/commission shall be become due or paid after the termination or expiration of this agreement,except for fees/commussion earned prior to any such termination or expiration of this agreement.
6.9 Effects of Termination
6.9.1 Termination of this agreement between TRE-CRED SOLUTIONS PVT LTD and the promoter would not impact this agreement’s status between TRE-CRED SOLUTIONS PVT LTD and the customers onboarded by the promoter during the tenure of this agreement.
6.9.2 Termination shall not prejudice the right of TRE-CRED SOLUTIONS PVT LTD to recover any payment due to it at the time of termination or accuring as a result thereof,nor shall such termination prejudice any cause of actionn or claim.All obligations and liabilities incurred prior to termination will survive till discharged.
6.9.3 The promoter shall immediately have no futher right or entitlement to use TRE-CRED SOLUTIONS PVT LTD platform or TRE-CRED SOLUTIONS PVT LTD branding or intellectual property rights and shall consequently immediately cease any and all use thereof. The promoter shall without delay,but in any event within 5(five) working days of the termination of this agreement,return to TRE-CRED SOLUTIONS PVT LTD(or demonsteably destroy)any and all materials (including copies) relating to TRE-CRED SOLUTIONS PVT LTD branding and intellectual property rights which are then under the possession or control of the promoter.
6.9.4 The promoter shall during the termination notice period,and for period of 1(one)year after (“Reserve Transition Period”)the termination of this Agreement,shall provide Reserve Transition services which shall mean and include procuring back the customer data,account details ton access the platform,TRE-CRED SOLUTIONS PVT LTD branding,intellectual property rights and all other materials and applictaions,if any from the promoter to TRE-CRED SOLUTIONS PVT LTD without any additional cost to TRE-CRED SOLUTIONS PVT LTD during the reserve transition period or for such additional period as may be muatally agreed in writing by the parties.TRE-CRED SOLUTIONS PVT LTD shall pay the fees(if any) for services rendered by the promoter during the reserve transition period in the mannner mutually agreed between the parties.
6.9.5 The promoter shall without delay,but in any event within 5(five)days of the termination,ensure and arrange that any and all documentation,business records(including,but not limited to financial and/or technical data and drawings,price lists and advertisement material)and other material(including disks,tapes and other media)containing confidential information belomging to customers,TRE-CRED SOLUTIONS PVT LTD and any information used and/or captured during the process of providing advisor services or TRE-CRED SOLUTIONS PVT LTD services during the term of this agreement,is either returned or demonstrably destroyed without retaining any copies(whether in paper,magnetic or electronic form)and/or extracts thereof whatsoever.
6.9.6 Insofar as any business redcords remain necessary for the execution of orders already received or offers which were submitted as binding,the promoter will ensure that the business records shall be handed over to TRE-CRED SOLUTIONS PVT LTD immediateley after the performance of said orders or offers has been completed.
7:Representations And Warranties Of The Promoter
The promoter represent and warrants as under:
7.1 He/She shall procure and maintain all necessary licenses,permission,approvals from the relevant authorities under the applicable laws throughout the tenor of this agreement.
7.2 He/She shall not tie any advisor services offered on behalf of TRE-CRED SOLUTIONS PVT LTD to the sale of any other product of the Promoter or any other third party.
7.3 He/She possesses the required qualifiaction stipulated by TRE-CRED SOLUTIONS PVT LTD for acting as ‘promoter’and has the business acumen to perform the duties stated in this agreement.
7.4 He/She has all requisite power,skills,authority,knowledge,experience,expertise,technolgy,infrastructure,and capability to facililitate generating leads/onboarding customers for their financial products requirement and/or sale of financial products and TRE-CRED SOLUTIONS PVT LTD services through the TRE-CRED SOLUTIONS PVT LTD platform.
7.5 He/She is not connected with any political party,religious/communal organzations/groups.
7.6 He/She will not have any criminal record and no criminal proceedings are pending against him/her.
7.7 He/She will not act or behave in any manner that will bring disrepute to TRE-CRED SOLUTIONS PVT LTD,any customer or to the Partner Banks/NBFCs.
7.8 He/She shall be solely liable and responsible for compliance of applicable labour laws in respect of its employees,agents and representatives and in particular laws relating to terminal benefits such as pension,Gratuity,Provident Fund,Bonus or other benefits to which its employees,agents and representatives may be entitled and TRE-CRED SOLUTIONS PVT LTD shall have no liability or responsibility in this regards.
7.9 He/She shall be responsible for all actionsof its representatives for verification of the copies of the Customer documents.
7.10 He/She is neither a declared insolvent nor bankrupt and is not the subject matter of any proceeding for its liquidation,winding up or dissolution.
7.11 He/She shall set in place controls and monitoring mechanisms to periodically audit and checks the adherence of its representatives in verification of customer documents.
7.12 He/She shall promptly report any instance of suspected malpractice observed by him/her or by its representative at the time of verification of documents provided by the customer.
7.13 He/She shall not use TRE-CRED SOLUTIONS PVT LTD logo or trademarks in any manner and shall not act/behave in any manner so as to cause impression among the public that he/she is an employee of TRE-CRED SOLUTIONS PVT LTD;provide however,that the he/she will be permitted to use the partner bank’s/NBFCs/Third Companies logo and any other intellectual property as may be required for the purpose of the purpose of performing the advisor service contained herein.
8:Confidentiality
8.1 For the purpose of this Agreement the term”confidential Information”shall mean all non-public information of TRE-CRED SOLUTIONS PVT LTD,and its customers and partner banks/NBFCs which is accessible by or is available to the promoter whether in writing,oral,graphic,visual or any other tangible,intangible or electronic from including,without limitation,all documents,data,aplictions,cheques,papers and statements and any business/customer information and trade secret,any and all information relating to the partner Banks/NBFCs and/or its clients'(whether past,present or future)business,technical,financial information and data,financial results ad projections,cost and prices,fee,structure,details of vendors,suppliers,retailers,employees and consultants(past,present or prospective),technologies,technical and business statergies,business and marketing plans,marketing and sales techniques,pricing and other strategies,computer programs,software tools,source code,object codes,protocols,product positioning,chouce of products name,trade secrets or know how,customer information and intellectual property rights as well as any such information not generally known to third parties or received from other that the promoter is reasonable expected to treat as confidential.
8.2 The promoter acknowledges that in the course of performing its obligations under this agreement,he/she and/or its employees/agents shall be exposed to or acquire confidential information of TRE-CRED SOLUTIONS PVT LTD.The promoter shall at all times,maintain confidentially regarding TRE-CRED SOLUTIONS PVT LTD confidential information to any third party.The promoter shall also ensure that its employees/agents shall also maintain confidentially of the information and not disclose the confidential information to any third party.
8.3 The promoter acknowledges that TRE-CRED SOLUTIONS PVT LTD will be providing training and financial products information and related material on the platform which is proprietary in nature and not for circulation other than to the TRE-CRED SOLUTIONS PVT LTD.The promoter agrees not to transfer/trasmit,publish,translate,modify or make any derivative use therof of any such material to any other person for any purpose whatsoever without obtaining explicit consent from TRE-CRED SOLUTIONS PVT LTD.Any violation to this clause 9.3 by the promoter will be treated as material breach of this agreement and TRE-CRED SOLUTIONS PVT LTD shall be entitled to take strictest and punitive action against the same at its sole discretion.
8.4 The promoter hereby acknowledge that TRE-CRED SOLUTIONS PVT LTD confidential information(in whatsoever form) provide or accessed shall be and remain the property of TRE-CRED SOLUTIONS PVT LTD and it shall not acquire by implication or otherwise,any right,tiltle ,interest or licence in respect of the same,except as expressely provided under this agreement.
8.5 During the Term of this Agreement and for a period of two(2)years thereafter,the promoter shall hold TRE-CRED SOLUTIONS PVT LTD confidential informationa and the customer data and details of this agreement strictly confidential and,unless required by applicable law,shall not disclose TRE-CRED SOLUTIONS PVT LTD confidential information and agrees to use TRE-CRED SOLUTIONS PVT LTD confidential innformation only for the purpose of performing its obligations under this agreement.
8.6 Individuals and employees assigned by thw promoter to facilitate advisor services,if permitted by TRE-CRED SOLUTIONS PVT LTD under this agreement,must sign confidentiality and non-disclosure agreement for protecting the confidential information to the statisfaction of TRE-CRED SOLUTIONS PVT LTD.
8.7 All confidential information disclosed hereunder shall remain the property of FINTM SOLUTION.upon termination or expiration of this agreement for whatsoever reason,such confidential information shall be returned or destroyed by the promoter on immediate basis and under initimation to TRE-CRED SOLUTIONS PVT LTD.
9:LIMITATION OF LIABILITY
9.1 Notwithstanding anything contrary contained herein or elsewhere, under no circumstances shall TRE-CRED SOLUTIONS PVT LTD, its directors, officers, shareholders, agents be liable for any claims whether special,incidental, direct, indirect or consequential damages or damages of any nature including but not limited to use of data or loss of data of the Promoter, loss of profits or revenues, or business opportunities, or similar losses or damages arising out of or in connection with the materials or assistance provided under this Agreement or failure to achieve cost savings to the Promoter either in contract or in tort or otherwise or arising from the termination or expiry of this Agreement, even if either Party has been advised in advance of the possibility of such loss, cost or damages, arising out of or in connection with this Agreement.
9.2 Under no circumstances shall TRE-CRED SOLUTIONS PVT LTD be liable to the Promoter for any third party suits,claims, demands or other actions arising out of an act or comission or mis-conduct, negligence,misrepresentation on the part of the Promoter or its personnel or any persons acting under the instructions of the Promoter while providing Advisor Services under this Agreement.
9.3 Disbursement of funds against unlawful, un-regulated or prohibited activities or any disbursements which may be deemed to result in money laundering, combating finance for terrorism (CFT) etc.will make the Promoter solely and unconditionally liable for its implications. The Promoter hereby indemnifies TRE-CRED SOLUTIONS PVT LTD from any losses, fines or any other penalties arising out of the same. Notwithstanding anything contained under this Agreement, the aggregate liability of TRE-CRED SOLUTIONS PVT LTD shall not be more than the net revenue earned by TRE-CRED SOLUTIONS PVT LTD under this Agreement through the Advisor Services for the last three (3) consecutive months.
10:DATA PROTECTION
10.1 The Promoter shall comply with all Data Protection Legislation (defined later) 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.
10.2 For the purpose of this Agreement: “Data Protection Legislation” means the legislation, rules and regulations relating to the protection of Personal Data (defined later) and processing, storage,usage, collection and/or application of Personal Data or privacy of an individual including (without limitation):
(a) 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”) and any other applicable rules framed thereunder;
(b) all other Banking and Insurance 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 TRE-CRED SOLUTIONS PVT LTD;and
(c) 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. “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).
10.3 The Promoter shall only undertake the processing of Personal Data:
(a) reasonably required in connection with the performance of its responsibilities under this Agreement; and
(b) in accordance with TRE-CRED SOLUTIONS PVT LTD written instructions and shall comply with all reasonable procedures and processes notified by the TRE-CRED SOLUTIONS PVT LTD from time to time.
10.4 TRE-CRED SOLUTIONS PVT LTD hereby instructs the Promoter to take such steps in the processing of Personal Data as are reasonably necessary for their performance of the Promoter responsibilities under this Agreement.
10.5 The Promoter shall not store or process or transfer any Personal Data without the prior written consent of TRE-CRED SOLUTIONS PVT LTD.
10.6 The Promoter shall at all times have appropriate technical and organisational measures in place acceptable to TRE-CRED SOLUTIONS PVT LTD:
(a) to prevent unauthorised or unlawful processing of any Personal Data;
(b) to protect any Personal Data against accidental loss, destruction or damage;
(c) On TRE-CRED SOLUTIONS PVT LTD reasonable request, the Promoter will:
(i) provide a detailed, written description of the measures undertaken by the Promoter and the Promoter compliance with those measures; and
(ii) allow TRE-CRED SOLUTIONS PVT LTD access to Promoter premises to inspect its procedures for the processing of Personal Data;
(iii) If the Promoter receives a request from any person for access to Personal Data or any other request relating to TRE-CRED SOLUTIONS PVT LTD obligations under the Data Protection Legislation, the Promoter shall:
(iv) provide a detailed, written description of the measures undertaken by the Promoter and the Promoter compliance with those measures; and
(v) allow TRE-CRED SOLUTIONS PVT LTD access to Promoter premises to inspect its procedures for the processing of Personal Data;
(d) If the Promoter receives a request from any person for access to Personal Data or any other request relating to TRE-CRED SOLUTIONS PVT LTD obligations under the Data Protection Legislation,the Promoter shall:
(i) immediately notify TRE-CRED SOLUTIONS PVT LTD; and
(ii) provide full co-operation and assistance to TRE-CRED SOLUTIONS PVT LTD in relation to any such complaint or request including, without limitation:
(iii) providing FINTM SOLUTINS with full details of any such request;
(iv) providing TRE-CRED SOLUTIONS PVT LTD with any Personal Data it holds in relation to any person in a form specified by TRE-CRED SOLUTIONS PVT LTD and within ten (10) days of receipt of the request or as otherwise stipulated by TRE-CRED SOLUTIONS PVT LTD; and
(v) 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 TRE-CRED SOLUTIONS PVT LTD
(e) The Promoter shall:
(i) immediately provide TRE-CRED SOLUTIONS PVT LTD with full details of any complaint or allegation that TRE-CRED SOLUTIONS PVT LTD is not complying with the Data Protection Legislation; and
(ii) assist TRE-CRED SOLUTIONS PVT LTD in taking any action that TRE-CRED SOLUTIONS PVT LTD deems appropriate to deal with such complaint or allegation including without limitation immediately providing TRE-CRED SOLUTIONS PVT LTD with any Personal Data it holds in relation to any person;
(iii) The Promoter shall not sub-contract to any third party any of its responsibilities to process Personal Data on behalf of TRE-CRED SOLUTIONS PVT LTD unless all of the following provisions of this Clause 10 have first been complied with:
(iv) the Promoter has provided TRE-CRED SOLUTIONS PVT LTD with such information as TRE-CRED SOLUTIONS PVT LTD may require ascertaining that such sub-contractor has the ability to comply with the provisions of this Agreement;
(v) the Promoter has obtained prior written consent of TRE-CRED SOLUTIONS PVT LTD;
(vi) the proposed sub-contractor has entered into a contract with TRE-CRED SOLUTIONS PVT LTD substantially upon the terms of this Clause 10; and
(vii) upon expiry or termination of this Agreement for any reason, the Promoters shall immediately return, or at TRE-CRED SOLUTIONS PVT LTD option, destroy any Personal Data held by it or its service provider personnel or sub-contractors and issue a confirmation of compliance in this regard to TRE-CRED SOLUTIONS PVT LTD.
11:INDEMNITY
10.1 The Promoter hereby agrees to indemnify, keep indemnified and hold TRE-CRED SOLUTIONS PVT LTD and its directors, officers, employees agents and representatives, harmless from and against all claims,costs, expenses, legal proceedings, damages, penalties, fines, liabilities incurred or suffered by any of them in any manner relating to any representation or warranty of the Promoter set forth in this Agreement, being untrue or incorrect, for the breach of Promoter responsibilities and/or covenants under this Agreement, and also for any Customer or third party actions against TRE-CRED SOLUTIONS PVT LTD arising due to any act, negligence, default or breach of the responsibilities of the Promoter at the time of carrying out the Advisor Services, and for the breach of any or all of Clauses 3.1, 3.5, and 8 of this Agreement.
10.2 Notwithstanding any other provisions of this Agreement, in no event shall TRE-CRED SOLUTIONS PVT LTD be liable to the Promoter for any loss of profits or revenues, consequential or similar damages arising out of or in connection with the Advisor Services, materials or assistance provided under this Agreement, or for any claims made by the Partner Banks / NBFCs.
10.3 The Promoter will indemnify TRE-CRED SOLUTIONS PVT LTD for any losses, claims, penalties imposed on TRE-CRED SOLUTIONS PVT LTD as a result of lapse in conducting the Customer related KYC verification by the personnel of the Promoter. Any penalties imposed on TRE-CRED SOLUTIONS PVT LTD as a result of acting on the verification purportedly completed by the Promoter, shall be borne and paid by the Promoter.
10.4 The Promoter agrees to bear all such expenses and shall indemnify TRE-CRED SOLUTIONS PVT LTD from any financial liability for any material breach (which shall specifically ignore breaches to Clause 5.1,Clause 5.3, Clause 5.10, Clause 8.2, Clause 12, Clause 16, and Clause 26) resulting into any kind of financial losses, claims, penalties whatsoever, upon TRE-CRED SOLUTIONS PVT LTD.
12:MONITOR AND REVIEW
12.1 The Promoter shall undertake to provide regular updates at such intervals as may be specified by TRE-CRED SOLUTIONS PVT LTD with respect to the Advisor Services undertaken in terms of this Agreement.The Promoter hereby agrees to ensure reasonable standards of care and skill in discharging the Advisor Services in terms of this Agreement.
12.2 The Promoter hereby agrees to have reasonable security practices, control processes and checks in respect of the Advisor Services provided under this Agreement. The Promoter shall monitor on regular basis and disclose any breaches in the security practices/processes and controls to TRE-CRED SOLUTIONS PVT LTD.
12.3 TRE-CRED SOLUTIONS PVT LTD has the right to immediately notify the Partner Banks / NBFCs in the event of any leakage of confidential Customer Data originating from the Promoter.
12.4 TRE-CRED SOLUTIONS PVT LTD reserves the right to apply restrictions in order to prevent/reduce/tackle fraudulent transactions including but not limited to the right to decline request or registration, reversing wallet loads/transaction, refunding funds to source account, keeping settlements on hold etc. TRE-CRED SOLUTIONS PVT LTD shall also apply velocity parameters including transaction limit, time limit between transactions etc.
12.5 TRE-CRED SOLUTIONS PVT LTD may, from time to time during the Term, make or carry out business reviews of the Financial Advisor arrangement and/or monitor the activities and transactions carried out by the Financial Advisor, which shall be subjected to the following conditions:
(a) verify that the Financial Advisor continues to be constituted as per laws and regulations and operates a bona fide business;
(b) verify that the Financial Advisor has sufficient safeguards in place to protect Customer Data;
(c) quantify and investigate the levels of fraud or default or scope of business relating to the transactions; and/or
(d) provide any other information/documents that TRE-CRED SOLUTIONS PVT LTD (acting reasonably) may require in the context of its responsibilities under this Agreement and/or the agreements with the Partner Banks/ NBFCs or regulators, and the Financial Advisor shall provide all reasonable assistance and information, including but not limited to updated financials, to us with respect to such assessments.
12.6 If, at any time after TRE-CRED SOLUTIONS PVT LTD has made or carried out an assessment or it has been notified of an issue, TRE-CRED SOLUTIONS PVT LTD determines (acting reasonably) that the Financial Advisor or circumstances relating to the Financial Advisor represent a material credit risk or potentially increase TRE-CRED SOLUTIONS PVT LTD’s exposure under this Agreement, then TRE-CRED SOLUTIONS PVT LTD may:
(a) terminate this Agreement with immediate effect without any further recourse to the Financial Advisor;
(b) if, at any time, TRE-CRED SOLUTIONS PVT LTD discovers that a fraud has been committed by the Financial Advisor or the Financial Advisor has in connivance with any other person done any fraud or assisted or abetted in the same; or any transaction has been fraudulently initiated, TRE-CRED SOLUTIONS PVT LTD may report the same to the Partner Banks / NBFCs or to any governmental and/or law enforcement authorities; and/or
(c) permit the Financial Advisor to continue offering Advisor Services provided the Financial Advisor agrees to maintain a security deposit or bank guarantee, as solely determined by TRE-CRED SOLUTIONS PVT LTD at its sole discretion, to act as a cover against the risk involved in continuing to provide Advisor Services. The Financial Advisor agrees that such a deposit will be maintained up to 12 (twelve) months after the date of expiry or termination of this Agreement and will not bear any interest.
12.7 In case the Financial Advisor fails to perform in accordance with the terms and conditions of this Agreement, TRE-CRED SOLUTIONS PVT LTD will intimate the Financial Advisor of such shortcomings. In case the Financial Advisor fails to cure such shortcomings within 30 (thirty) days of such intimation or within such shorter days as communicated by TRE-CRED SOLUTIONS PVT LTD to the Financial Advisor, TRE-CRED SOLUTIONS PVT LTD shall have the option to terminate this Agreement forthwith.
13: Conditions of Refund Policy
13.1 Conditions for refund:
(a)Promoter needs to issue atleast 5 credit cards.
(b)One insurance policy needs to be issued (health, general, or life).
(c)A fixed deposit of Rs. 200,000 needs to be book.
(d)10 saving accounts need to be opened.
(e)Personal loan disbursement of Rs. 200,000.
The promoter needs to fulfill any 3 of these conditions in first six month of joining to qualify for the refund/security deposit.
14: Conditions of Flip
(a) Flip is only valid for 18th month.
(b) Security deposit will be refunded in 18th month of tenure.