LOAN APPLICATION FORM
<CustPhoto>
ACCOUNT TYPE:
Personal
NAME:
<FirstName> <LastName>
FATHER/SPOUSE NAME:
<FatherFirstName> <FatherLastName>
MOTHER'S NAME:
<MotherFirstName> <MotherLastName>
DATE OF BIRTH:
<DOB>
GENDER:
<Gender>
MARITAL STATUS:
<MaritalStatus>
OCCUPATION:
<Profession>
NATIONALITY:
Indian
RESIDENTIAL STATUS:
Indian
PAN:
<PAN>
PROOF OF ADDRESS/IDENTITY:
PAPERLESSAADHAAR
ADDRESS TYPE:
PERMANENT
<Address1>
ADDRESS:
<State>
<Pincode>
[NBFC Letter Head]
<Address1>
CURRENT ADDRESS:
<State>
<Pincode>
PHONE NUMBER:
<Mobile>
EMAIL:
<Email>
NAME OF BANK:
Fetch Bank Name from IFSC Code
BANK A/C NO:
<AccountNo>
IFSC:
<IFSCCode>
NAME OF RELATED PERSON 1:
<RelatedPersonName1>
PHONE NUMBER OF RELATED PERSON 1:
<RelatedPersonNumber1>
NAME OF RELATED PERSON 2:
<RelatedPersonName2>
PHONE NUMBER OF RELATED PERSON 2:
<RelatedPersonNumber2>
SUMMARY OF THE LOAN TERMS
S. No.
Particulars
Details
1
LOAN ID
<ApplicationNo>
2
CITY
Fetch City from Pincode
I hereby understand the terms & conditions of the loan as may be approved by the
Lender <NBFC Name> a Company incorporated under the Companies Act, 2013
(CIN: <NBFC CIN>) having Registered Office at <NBFC Registered Address> and
also registered with the Reserve Bank of India as a Non-Banking Financial Company
(NBFC) bearing Registration No: <CoR Number> dated <Registration Date>.
Website: <NBFC Website> ("Lender") as per its internal policies and law, shall be as
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[NBFC Letter Head]
specified below ("Loan/Facility"):
PARTICULARS
DETAILS
(Below charges are in INR and exclusive of
GST).
Lender
<NBFC Name>
Platform
<Fintech Name> ("<APP Name>”)
(<Website Name>)
Loan Amount
<LoanAmount>
Rate of Interest (Per Annum)
<AnnualRateOfInterest>*100 p.a. (Fixed)
Purpose of Loan
<LoanPurpose>
Loan Processing Charges (Excluding <ProcessingFee>/1.18
GST)
Platform Credit Assessment Charges <PlatformFee1>/1.18
(Excluding GST)
Platform Face Recognition Charges <PlatformFee2>/1.18
(Excluding GST)
Platform Onboarding Charges
<PlatformFee3>/1.18
(Excluding GST)
Prepayment/Foreclosure Charges
Interest on the repayment amount shall be charged
for the remaining days.
Late payment charges / Penal
One-time
1.18% of Loan
interest charges
management Charge
Amount
(inclusive of GST)
Days Past Due, 1-
0.40% of Loan
Day
Amount on Daily
Basis (exclusive of
GST)
The accumulated Penalty shall be
Capped at 50.00% of loan amount as per
above table.
Overdue interest at an annualized
interest rate of
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[NBFC Letter Head]
<AnnualRateOfInterest>*100 p.a. will be
applicable per day on principal overdue
NACH Dishonor Charge (Excluding
Rs 100
GST)
Banking Details for disbursal of Loan As specified in the form above.
I agree to submit the following documents for availing of Loan:
S. No. Documents from the Applicant and the Co-
Status
Applicant (if any)
1
PAN Card or Form 60*
Verified
2
Passport/Voter ID/Masked Aadhaar/Driver License
PaperlessAadhaar/E-
Adhaar
3
Last 3 months bank statements or other income
proof
4
Any other document requested by Lender
I acknowledge, understand and agree that Lenders has adopted risk-based pricing,
which is arrived by taking into account, broad parameters like the customers financial
and credit profile. I also understand all the terms listed above along with certain fees/
charges (as may be applicable) apply for the said Loan from the Lenders. I further
understand and acknowledge that as may be applicable the Platform Service
Charges, Platform Onboarding Fees, Platform Credit Assessment/Reassessment
Fees, Document Collection Fees, Agreement Fees along with applicable taxes, shall
be collected by the platform- <Fintech Name> (GST NO- <Fintech GST>) ("Platform")
and separate entity from the Lenders. Lenders are not liable to collect any such fee &
charges and to pay any applicable taxes on the same. I have accepted that the
acceptance of Loan under this Application Form places no obligation on the Lender
to approve the Loan.
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[NBFC Letter Head]
SELF-DECLARATION AND UNDERTAKING:
1. I hereby apply for the Facility from the Lenders as specified above.
2. I represent that the information and details provided in this Application Form and
the documents submitted by me are true, correct and that I have not concealed any
information.
3. I declare that my age is between 18 years and 60 years
4. I have read and understood the fees and charges as may be applicable to the
Loan that I may avail from time to time.
5. I confirm that no insolvency proceedings or suits for recovery of outstanding dues
have been initiated and / or are pending against me.
6. I hereby authorize Lenders to exchange or share information and details relating
to this Application Form its group companies or any third party, as may be
required or deemed fit, for the purpose of processing loan application and/or related
offerings or other products / services that I may apply for from time to time.
7. I hereby consent to and authorize Lenders to increase or decrease the credit limit
assigned to me basis its internal credit policy before sanction of the Loan.
8. I understand and acknowledge that Lenders has the absolute discretion, without
assigning any reasons to reject my application and that Lender is not liable to provide
me a reason for the same.
9. That Lenders shall have the right to make disclosure of any information including
my Aadhar relating to me including personal information, details in relation to Loan,
defaults, security, etc. to the TransUnion CIBIL Limited (CIBIL) and/or any other
governmental/regulatory/statutory or private agency / entity, credit bureau, RBI,
Central KYC Registry, including publishing the name as part of wilful defaulter's list
from time to time, as also use for KYC information verification, credit risk analysis, or
for other related purposes.
10. I agree and accept that Lenders may in its sole discretion, by its self or through
authorized persons, advocate, agencies, bureau, etc. verify any information given,
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[NBFC Letter Head]
check credit references, employment details and obtain credit reports to determine
creditworthiness from time to time.
11. I authorize the Lenders, jointly or individually, to perform my credit checks on my
behalf and obtain my credit report for the purpose of assessing my eligibility for the
loan application submitted by me through any credit information company or
otherwise.
12. I have not taken any loan from any other bank/ finance company unless specifically
declared by me.
13. I represent and agree the funds shall be used for the Purpose specified above
and will not be used for any illegal, speculative or antisocial purpose.
14. I further represent that the information and details provided below by me are true,
correct and that I have not concealed any information therefrom
15. My monthly income is INR <MonthlyIncome> and I agree that my monthly Household
Income (including income from all people residing in my house) is greater than Rs.17000
16. I have clearly understood and accepted the late payment and other default
charges listed above.
17. I hereby confirm that I contacted the Lenders for my own personal requirement of
personal loan and no representative of Lenders has emphasized or induced me
directly / indirectly to make this application for the Loan.
18. I hereby consent that the reference contacts as provided by me herein may be
contacted for the purpose of verification of my identity, repayment capability and/or to
make collection efforts in case of breach of the terms of this Agreement by me
including failure to make the repayments on the due date.
19. I understand and accept that no moratorium or deferment of EMI will be provided
by the Lenders (as per the Lenders' policy on EMI Moratorium) on the Facility under
this Application Form and there shall be no demur or protest by me in this regard.
20. I hereby confirm having read and understood the Standard Terms and Conditions
applicable to this Loan if approved by the Lenders and I am signing this Application
Form after understanding and acceptance of each term.
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[NBFC Letter Head]
Personal Loan Agreement
This Personal Loan Agreement (‘ Agreement’ ) is made at the place and on the date as
set out in Schedule I.
BETWEEN
<NBFC Name> , a company incorporated under the provisions of the Companies Act,
2013, having its registered office at <NBFC Registered Address> , acting in these
presents through its branch office located in the city/town as mentioned in Schedule I and
with GSTIN <NBFC GSTIN> (‘<NBFC Name>’ or the ‘Lender’, which expression shall,
unless repugnant to the context, include its successors and assigns) hereinafter referred
to as “ Lender ” of the First Part;
AND
The Borrower, material particulars whereof are described and set out in Schedule I , of
the OTHER PART.
The Lender and Borrower are hereinafter collectively referred to as ‘Parties’ and
individually as ‘Party’.
WHEREAS:
A.
The Lender is a non-banking finance company, inter alia, engaged in the business
of providing loans/credit facilities to various customers.
B.
The Borrower has requested the Lender through the ‘Platform/Portal’ to grant the
Loan to the Borrower and the Lender, relying upon the representations made and
information provided by the Borrower, has agreed to grant the Loan to the Borrower,
on the terms and conditions mutually agreed and contained in this Agreement
including all the annexures thereof, in its sole and absolute discretion.
NOW, THEREFORE, in consideration of the foregoing and other good and valid
consideration, the receipt and adequacy of which is expressly acknowledged, the Parties
have agreed as follows:
1. DEFINITION AND INTERPRETATION:
1.1.Definitions:
For the purposes of this Agreement, in addition to the terms defined in the description
of the Parties: (a) all capitalized words and expressions defined by inclusion in
quotation and/or parenthesis anywhere in this Agreement, have the same meanings
as ascribed to such words and expressions; (b) words and expressions used herein
but not defined shall have the same meaning as assigned to them in General Clauses
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[NBFC Letter Head]
Act, 1897; and (c) following words and expressions shall have the meaning as set-
out in this Clause 1:
I.
“Acceptable means of Communication” with reference to:
A.Customer, shall mean
i.
a telephonic call on the registered mobile number /landline number of the
Customer as provided in the Application Form; or
ii.
photo / video; or
iii.
an email on the registered email address of the Customer; or
iv.
a text message on the registered mobile number of the Customer; or
v.
a written notice sent by courier / post on the registered postal address of
the Customer,
vi.
text message through chatbot, bitly, social media, such as WhatsApp
communication and/or any other
vii.
electronic mode; and/or
viii.
notification by the lender on its Website;
B. The Lender, shall mean
i.
a telephonic call on the designated mobile/landline number of the lender as
provided on the Website; or
ii.
an email on the designated email address of the lender or
iii.
a text message on the chatbot; or
iv.
a written notice sent by courier or any other mode on the postal designated
address of the Lender.
II.
"Access Code(s)" means any authentication mode as approved, specified by the
Lender including without limitation combination of user name and password
III.
"Account" means the bank account where the Loan disbursement is requested and
more specifically provided under the Application Form or Drawdown Request;
IV.
“Agreement”: 'Agreement' means and includes this Agreement, together with all
the schedules, exhibits, addendums, attachments and appendices annexed hereto
and all amendments/supplements hereto and restatements hereof;
V.
"Application Form" means the loan application, in the form and manner prescribed
and acceptable to the Lender, submitted by the Borrower to the Lender for applying
and availing of the Facility, together with all other information, particulars,
clarifications and declarations, if any, furnished by the Borrower or any other
persons from time to time in connection with the Facility;
VI.
“Applicable Laws” means the Indian ‘law’, bye-laws, rules, regulations,
notifications, ordinances, judgements, orders, decrees, and/or any published
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[NBFC Letter Head]
directive, guideline, requirement or regulatory/governmental direction/restriction
having the force of law applicable at the relevant point of time;
VII.
"Availability Period" means the period of 11 (eleven) months and 15 (fifteen) days
from the date of sanction of the Facility (or such extended date as may be approved
by the Lender, in its sole discretion);
VIII.
"Customer/Borrower" means each applicant and the term shall include his/her
successors and permitted assigns as mentioned in Schedule I;
IX.
"Business Day" means a day (other than a Saturday or a Sunday) on which the
Lender and banks are open for general business in New Delhi;
X.
"Default Rate" means the rate provided as such under the Application Form;
XI.
"Drawdown Request" means a request from the Borrower in a form and manner
acceptable to the Lender for seeking disbursement of Loan;
XII.
"Drawing Power" means the threshold limit(s) assessed by the Lender, in its sole
discretion from time to time which shall be within the overall sanctioned limit and
shall determine the amount of drawdown that can be requested by the Borrower
at any given time under the Facility;
XIII.
"Due Date", means, in respect of:
(a) the weekly/ fortnightly/Monthly Installment and/or Outstanding Dues, the
respective Repayment Dates;
(b) the interest on the Outstanding Dues, the Interest Payment Date;
(c) costs, charges and expenses incurred or paid by the Lender under the Loan
Documents, within seven (7) Business Days from the date on which the
Borrower has received notice from the Lender providing details of such costs,
charges and expenses; and
(d) any other amount payable under the Loan Documents, the date on which such
amount falls due in terms of the Loan Documents, or on demand if the due date
is not specified in such Loan Document;
XIV.
“Electronic Clearing System or ECS” or NACH, means the debit clearing schemes,
notified by RBI from time to time, being mode(s) of electronic funds transfer from
one bank account to another bank account using the services of a clearing house
or any other platform or mechanism duly authorized in this regard including without
limitation the National Electronic Clearing Service;
XV.
“Facility" means a revolving credit facility;
XVI.
“IMPS” means the instant real-time inter-bank electronic funds transfer system.
XVII.
"Increased Costs" means (a) a reduction in the rate of return from the Loan(s) or
on the Lender's overall capital (including as a result of any reduction in the rate of
return on capital brought about by more capital being required to be allocated by
the Lender) (b) any additional or increased cost including provisioning as may be
required under or as may be set out in RBI regulations or any other such
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[NBFC Letter Head]
regulations from time to time; or (c) a reduction of any amount due and payable
under the Transaction Documents;
XVIII.
'Interest Rate' means the rate of interest in relation to the Loan as mentioned in
Schedule I.
XIX.
"Lender" means Lender as specified in Application Form and shall include its
successors and assigns;
XX.
"Loan" means the personal loan provided by the Lender to the Borrower upto a
maximum principal amount as mentioned in Schedule I and each disbursement
made under the Facility;
XXI.
“Loan Documents” means collectively, the Loan Agreement, the Application Form,
MITC, these Terms and Conditions and such other documents/terms executed by
the Customer in relation to the loan. Communications and all such related
documents as uploaded or submitted by the Customer either physically or through
online process prescribed by the lender;
XXII.
'Loan Tenure' shall mean the tenure of the Loan as specified in Schedule I ;
XXIII.
“Mode of Application” shall mean submitting an online/digital Application Form by
submitting one-time password (“OTP”) to the Lender, in such form and manner as
acceptable to the Lender;
XXIV.
Weekly/
Fortnightly/Monthly'
or
'Equated
Weekly/Fortnightly/Monthly
(EWIs/EFI/EMIs)'' means the amount payable every week/fortnight/month by the
Borrower to the Lender comprising of the interest, or as the case may be, principal
amount of the Loan and/or interest;
XXV.
"MITC" means the most important terms and conditions reiterated by the Borrower
at the time of availing the Facility as specified in Schedule I;
XXVI.
'NEFT' means the National Electronic Fund Transfer in terms of the regulations
and directions issued by RBI or any regulatory or statutory body;
XXVII.
'Outstanding Dues' means, at any time, all the amounts outstanding and payable
or obligations to be performed by the Borrower to the Lender, pursuant to the terms
of this Agreement and/or any other Loan Documents, including but not limited to
the following:
(a) the principal amount(s) of the Loan;
(b) the interest on the Loan;
(c) all other obligations and liabilities of the Borrower, indemnities, liquidated
damages, costs, charges, expenses and other fees and interest incurred under,
arising out of or in connection with this Agreement and/or any other Loan
Documents (either severally or jointly); and
(d) any and all expenses or sum incurred by the Lender for the enforcement of and
collection of any amounts due under this Agreement and/or any other Loan
Documents, including expenses of enforcement and realisation;
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[NBFC Letter Head]
XXVIII.
'Penal Interest' means an additional interest payable by the Borrower to the Lender
as a penalty in case of delay in payment of the Weekly/Fortnightly/Monthly
Installments and/or Outstanding Dues, at the rate as mentioned in Schedule I;
XXIX.
"Portal/Platform" shall mean such platform or portal as described in the Application
Form, managed by a third party service provider duly authorized by the lender;
XXX.
“Platform Service Fee” means any fee including GST charged by third party service
provider authorized by the lender to provide loan application portal, to assist credit
worthiness of borrowers, or to provide any kind of informational technology
services in relation to the loan application;
XXXI.
"Purpose" shall have the same meaning as is provided in the Application Form;
XXXII.
“Onboarding Fee” means any fee including GST charged by third party service
provider authorized by the lender to register on loan application portal;
XXXIII.
“Repayment Date” (a) in relation to the Weekly/Fortnightly/Monthly Installments,
means the date, on or before which each Weekly/Fortnightly/Monthly
installment(s) is to be repaid by the Borrower, as more specifically mentioned in
Schedule I commencing from the date of the disbursement of Loan or the date on
which the Loan is booked by the Lender in the name of the Borrower in the
Lender’s books, whichever is earlier and includes the due date for the payment of
interest on the principal amount payable by the Borrower before the
commencement of the Weekly/Fortnightly/Monthly installment(s); and (b) in
relation to the Outstanding Dues means the date, on or before which, the entire
Outstanding Dues is to be repaid by the Borrower, as more specifically mentioned
in Schedule II;
XXXIV.
'RBI' means the Reserve Bank of India;
XXXV.
'RTGS' shall mean real time gross settlement in terms of the regulations and
directions issued by RBI or any regulatory or statutory body;
XXXVI.
“Repayment Modes” means the payment of the Weekly/Fortnightly/Monthly
installment(s) and the Outstanding Dues, as the case may be, on or before the
Due Dates(s), by any of the following modes, which options are set out in
Schedule I
XXXVII.
"Sanctioning Authority" includes the Reserve Bank of India, Office of Foreign
Assets Control of the Department of Treasury of the United States of America, the
United Nations Security Council, the European Union, Her Majesty’s Treasury of
the United Kingdom or any combination of the foregoing;
XXXVIII.
“Sanction Letter” means the letter issued by the Lender for principal approval of
loan application as per the terms and conditions mentioned therein.
XXXIX.
"Tenure" means the period provided as such under the Schedule I .
XL.
“Website” means, the website of the Lender, presently being <NBFC Website>
which may be changed by the Lender at its sole discretion
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[NBFC Letter Head]
1.2. Interpretation:
(i) Unless the context otherwise requires, words denoting the singular shall include the
plural and vice versa;
(ii) the table of contents, headings and the use of bold typeface, are inserted for ease of
reference and shall be ignored in the construction and interpretation of the Agreement;
(iii) a reference to a Clause or Schedule is, unless indicated to the contrary, a reference
to a Clause or Schedule to this Agreement;
(iv) references to this Agreement shall be construed as references also to any separate
or independent stipulation or agreement contained in it;
(v) references to the word ‘includes’ or ‘including’ shall be construed without limitation;
and
(vi) words importing a particular gender include all genders.
2. SCOPE :
I.
These Terms and Conditions shall be in addition and not in derogation to the terms
set out in the Application Form, Sanction Letter, the MITC and such other terms
and conditions as may be agreed between the Lender and the Customer and
communicated to the Customer by the lender from time to time, through
Acceptable Means of Communications. These Terms and Conditions, in itself,
shall not create, transfer or record any rights or obligation of the lender, and shall
be read along with the provisions of the Application Form, MITC and the
Transaction SMS, as the case may be.
II.
A Customer shall be deemed to have read, understood and accepted these Terms
and Conditions by consenting to Application Form, Sanction Letter and MITC. The
Loan may be granted to the Customer as per the terms of Loan Documents as
may be applicable and executed by the Customer and is subject to the internal
policies of the lender. The Loan may be granted at the sole discretion of the lender,
subject to the terms of the Loan Documents, along with the following conditions.
III.
The Customer should be at least 18 (eighteen) years of age or above and is of
sound mind and has read and understood the Loan Documents. A translated copy
of this Terms and Conditions in the relevant vernacular language can be made
available to the Customer on demand.
IV.
The Customer is not an undischarged insolvent and there are no insolvency
proceedings pending against the Customer. Further, the Customer has not at any
point in time (a) been adjudged as an insolvent, (b) suspended/defaulted on
payment to his/her creditors or (c) made or attempt to make, a composition with
their creditors; or (d) been convicted by a court.
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[NBFC Letter Head]
V.
The act of the Customer in applying for Loan through any of the permitted Mode
of Application and accepting the Sanction Letter & MITC provided by the Lender,
shall be deemed to mean that the customer has carefully read, understood and
accepted these Terms and Conditions and MITC’s.
VI.
The customer agrees that any communications may be provided by the lender
through Acceptable Means of Communication and such communication shall be
deemed as a valid and authentic communication by the lender, and the lender shall
not be responsible liable for any error on the Customer’s part or on the part of the
mobile service provider in this regard
VII.
The Customer agrees that the Loan Documents may be amended and/or modified
and/or supplemented from time to time due to any reason including due to any
change in the market conditions and the Customer shall be obligated to comply
with such revised terms and conditions. Any change to the terms of the Loan
Documents shall be communicated to the Customer by way of the Acceptable
Means of Communication.
3. LOAN SANCTION AND DISBURSEMENT:
I.
The Borrower agrees to borrow from the Lender and the Lender agrees to make
available and extend to the Borrower, at its sole and absolute discretion, the Loan,
for an amount as mentioned in the Application Form and Schedule I, on the terms
and conditions contained in this Agreement and in other Loan Documents. Grant
of the Facility and acceptance of the Borrower's request shall be at the absolute
discretion of the Lender and the Lender shall not be required to notify any rejection
of the Application Form to the Borrower.
II.
The disbursement of the Loan may be made directly to the Borrower in one lump
sum or in such Installments as per the details provided under the Application Form
and Schedule I, subject to the terms and conditions contained herein. The Lender
shall not be liable or be construed as being liable in any manner whatsoever in
case there is any delay(s) in disbursement of the Loan on account of any technical
or system errors, etc.
III.
The Borrower shall pay interest on the Loan on the Interest Payment Date at the
applicable Interest Rate. Subject to the commencement of Interest Payment Date
with respect to the Loan, all interest accruing on the Outstanding Dues under the
Loan shall accrue from day to day and shall be calculated on a fixed balance by
taking a base of 360 (three hundred and sixty) days per year.
IV.
The Lender shall be entitled to revise the Interest Rate at any time and from time
to time as per its policy, if any, during the Loan Tenure, at its sole discretion or due
to change in the regulatory requirements including any guidelines/regulations
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[NBFC Letter Head]
issued by RBI and such revised Interest Rate shall be deemed to form part of the
Loan and the Borrower shall also be liable to pay such revised amount of interest
on the Loan in such manner and within such period as may be determined by the
Lender in its sole discretion. Any revision in the Interest Rate shall be effective
from a prospective date and the Lender shall notify the Borrower in advance to this
effect and the same would be binding upon the Borrower. The Lender shall also
notify any change in the Interest Rate by updating the same on its Website.
V.
The Borrower agrees to repay the Weekly/Fortnightly/Monthly installment(s), as
may be fixed, and the Outstanding Dues to the Lender on or before the Repayment
Date using the Repayment Modes as set out in Schedule I, or in such manner and
at such place, as may be agreed between the Borrower and Lender, from time to
time during the course of this Agreement. The instructions for the ECS as provided
by the Borrower shall be open-ended and will cover the maximum principal amount
under the Loan and other Outstanding Dues thereon. The Lender may, at the
request of the Borrower in writing, agree to change the Repayment Mode.
VI.
In the event the Borrower defaults in payment of the Outstanding Dues or the credit
rating of the Borrower falls below the required criteria fixed by the Lender as per
its internal policy or the Borrower resigns/is terminated from the employment or for
any other reason deemed fit by the Lender, the Lender shall be entitled to disallow
further drawdowns under the Loan. The Lender may revise the
Weekly/Fortnightly/Monthly installment(s) such that the Borrower shall repay
principal and/or interest amount to the Lender and the Borrower agrees that it shall
be liable to pay such revised Weekly/Fortnightly/Monthly installment(s) as per the
repayment schedule revised by the Lender at its sole discretion. Such revision in
the Weekly/Fortnightly/Monthly installment(s) and repayment schedule shall be
effective from a prospective date and the Lender shall notify the Borrower in
advance to this effect and the same would be binding upon the Borrower. The
Lender may, at any time, in its sole discretion, recall / foreclose the Loan without
prior notice to the Borrower and revise the repayment schedule in its sole and
absolute discretion. The Borrower agrees and undertakes to forthwith issue fresh
PDCs (If taken in his case)/ECS instruction to the Lender in the event of any
revision in the repayment schedule. The PDCs shall be presented for the
encashment in case the Weekly/Fortnightly/Monthly installment(s) through ECS is
not processed due to any technical issue or otherwise. However, the Lender has
a right to take action against the Borrower in case of default by the Borrower in
payment of Weekly/Fortnightly/Monthly installment(s) through ECS. The Borrower
confirms having perused, understood the Lender’s method of calculating the
interest on the Loan on reducing balance rate and also the calculation of the
Weekly/Fortnightly/Monthly installment(s).
VII.
Notwithstanding anything contained in this Agreement, the Lender may at any time
in its sole discretion and without assigning any reason whatsoever, call upon the
Borrower to pay the Outstanding Dues and thereupon the Borrower shall within 15
Page 14 of 39
[NBFC Letter Head]
(fifteen) days of being so called upon pay the whole of the Outstanding Dues to
the Lender without any delay or demur. The liability of the Borrower to the Lender
shall not be discharged until and unless the Borrower has paid or discharged the
Outstanding Dues owed to the Lender under this Agreement.
VIII.
The Weekly/Fortnightly/Monthly installment(s) shall automatically change by
reason of change in any rates, taxes, charges, imposts, levies and monies
whatsoever that are or may be levied on the Weekly/Fortnightly/Monthly
installment(s) or the transaction contemplated hereunder or may become payable
by the Borrower by virtue of this Agreement. Such change in the
Weekly/Fortnightly/Monthly installment(s) due to change in the rates, taxes,
charges, imposts, levies and monies as stated above shall be effected only
prospectively and the same shall automatically form part of the Loan
IX.
The Borrower undertakes to deliver to the Lender, the PDCs, if asked by the
Lender without any protest and demur towards the repayment of the principal
amount or the interest, as the case amy be. In the event of issuance of PDCs by
the borrower, the borrower confirms that PDCs are issued towards repayment of
the Weekly/Fortnightly/Monthly installment(s) and the Outstanding Dues, and the
delivery of PDCs shall be deemed to be an unconditional and irrevocable authority
given by the Borrower to the Lender to present PDCs towards repayment of the
Weekly/Fortnightly/Monthly installment(s) and the Outstanding Dues. The
Borrower confirms that PDCs shall be honoured on its first presentation and the
Borrower shall not issue any contrary instructions to the relevant bank. The
Borrower confirms that PDC is not a security. The Lender shall be entitled to
recover from the Borrower PDC swap charges and the outstation collection
charges.
X.
Any dispute or difference of any nature whatsoever shall not entitle the Borrower
to withhold or delay payment of any Weekly/Fortnightly/Monthly installment(s) or
other sum and the Lender shall be entitled to present the PDCs/ECS to the bank
of the Borrower on the Due Dates.
XI.
The Borrower understands, confirms and agrees that the Lender shall, at its sole
discretion, at multiple occasions and on different dates, present in the Borrower’s
bank account, the ECS/ NACH mandate or any other electronic or other clearing
mandate (given by the Borrower in favour of the Lender covering all the
Outstanding Dues) which returns unpaid, for recovering the Outstanding Dues
from the Borrower and until realization of all Outstanding Dues. The Borrower
agrees and undertakes that the Borrower shall not dispute, complain or object to
such presentations by the Lender. Further, the Borrower understands and agrees
that return of PDCs or ECS/ NACH mandate or any other electronic or other
clearing mandate, will result in Bounce Charges being added to the Outstanding
Dues.
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[NBFC Letter Head]
XII.
The Borrower hereby irrevocably authorizes the Lender to destroy PDC(s) (if any)
in the possession of the Lender upon repayment of the Loan together with all costs,
charges and expenses, by the Borrower to the satisfaction of the Lender.
XIII.
Notwithstanding anything contained herein, the Lender shall be entitled to adjust
any advance Weekly/Fortnightly/Monthly installment(s) and/or security
deposit/initial payment made by the Borrower towards any Outstanding Dues in
such manner and at such time as the Lender may determine in its sole discretion.
XIV.
All sums payable by the Borrower to the Lender shall be paid without any
deductions whatsoever at such place as the Lender may specify and shall be so
paid so as to enable the Lender to realize the sum on or before the Due Date.
Credits/discharge for payments will be given only on realization of amounts due.
XV.
In the event of the Borrower committing a default in the payment of any sum
payable hereunder and/or in relation to the Loan or the Borrower committing any
breach or default of any other condition of this Agreement or under any other
instrument in respect of the Loan, the Borrower shall, in respect of the Outstanding
Dues and in respect of the Weekly/Fortnightly/Monthly installment(s) or other
amount in default, pay the Penal Interest, from the date of default till the date of
realization by the Lender. The payment of the Penal Interest shall not absolve the
Borrower of the other obligations in respect of such breach or default or affect the
rights of the Lender in respect of the breach or default.
XVI.
Any sums received by the Lender from the Borrower shall be appropriated in the
following manner:
(a) firstly, against interest payment;
(b) secondly against over due Weekly/Fortnightly/Monthly installment(s);;
(c) thirdly against Bounce Charges;
(d) fourthly against any other penal charges or any other claim of the Lender on
the Borrower under the Loan Documents.; and
(e) lastly against principal amount of the Loan;
XVII.
The Borrower's request for the Facility under the Application Form and each
Drawdown Request shall be irrevocable unless rejected by the Lender.
XVIII.
In the event that the Lender accepts the Borrower's request for the Facility and
sanctions the Facility, the Lender may, subject to satisfaction of all the conditions
precedents, disburse Loans into the Account and the Borrower confirms that the
Loan shall be utilized only for the Purpose and subject to the terms under the
Transaction Documents.
XIX.
Any such disbursement made by the Lender into the Account (whether in the name
of the Borrower or any third party) shall be a Loan under this Facility. Lender shall
not be responsible for any dispute between Borrower and any such third party.
4. DEFAULT:
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[NBFC Letter Head]
The Borrower shall be deemed to have committed an act of default if the Borrower
does not comply with his/her obligations as mentioned in this Agreement and also on
the happening of any one or more of the following events, (each an ‘Event of Default’
and collectively ‘Events of Default’):
(a) The Borrower fails to pay any Weekly/Fortnightly/Monthly installment(s) or the
Outstanding Dues under this Agreement on or before the Due Date or commits breach
of any of the terms, covenants or conditions contained in this Agreement;
(b) it is found that the Borrower commits a default of any of the terms and conditions
in respect of any other loan or facility provided by the Lender and/or any Affiliates of
the Lender;
(c) there exists any circumstances which in the opinion of the Lender prejudicially
affects or may affect the Lender’s interest or the Borrower’s ability to repay the Loan;
(d) demise of the Borrower or if the Borrower compounds with his/her creditors or
permits any attachment or sequestrations or other processes against any of his/her
assets or properties;
(e) if the Borrower commits an act of insolvency or if the Borrower is declared insolvent
or bankrupt or if a receiver or official assignee is appointed in respect of any property
or estate of the Borrower or if the Borrower asks for any application for declaring
himself an insolvent or if an application for declaring the Borrower as insolvent is made
or any order is passed by any competent count or authority for taking the Borrower into
insolvency; and
(f) if any proceedings are pending or threatened against the Borrower by any
government agency or authority for any misconduct or breach/violation of any law or
regulations or code of conduct, etc.
Upon the occurrence of the Event of Default and at any time thereafter, if any such
event shall be continuing, the Lender may:
(a) accelerate the repayment of the Loan including the Outstanding Dues;
(b) place the Loan on demand or declare all the Outstanding Dues payable by the
Borrower in respect of the Loan to be due and payable immediately;
(c) recover the charges for dishonour of the Repayment Modes, Penal Interest and any
other penal charges from the Borrower as mentioned in Schedule I;
(d) terminate this Agreement;
(e) exercise such other rights and remedies as may be available to the Lender under
law during the pendency of the Loan including without limitation under Section 138 of
the Negotiable Instruments Act, 1881 and under Section 25 (1) of Payment of
Settlement System Act, 2007; and/or
(f) stipulate such other condition(s) or take such other action(s) as the Lender deems
fit.
5. INTEREST AND OTHER CHARGES:
Page 17 of 39
[NBFC Letter Head]
a. The Loan(s) under the Facility shall carry interest at the rate specified in the
Transaction Documents.
b. In case of an Event of Default, Borrower will, to the extent permitted by law, be required
to pay interest (before as well as after judgment / award) on the overdue amount to the
other party on demand, for the period from (and including) the original Due Date for
payment to (but excluding) the date of actual payment, at the Default Rate.
c. The Borrower acknowledge and agree that:
a. Platform fee as specified in the Transaction Documents shall be charged at
each loan(s);
b. Registration fee as specified in the Transaction Documents shall be charged
in the first loan and no more registration fee in the further loan(s);
c. The rates of interest specified in the Transaction Documents are reasonable
and that they represent genuine pre-estimates of the loss expected to be
incurred by the Lender in the event of non-payment of any monies by the
Borrower; and
d. The rate of interest payable by the Borrower shall be subject to change
prospectively based on the monetary policies as may be changed by the
Reserve Bank of India and other factors impacting the interest rates
d. The Borrower shall bear all Tax including GST , other imposts, costs, charges, fees
during loan and repayment process and duties including stamp duty and relevant
registration and filing charges in connection with the Finance Documents (including
any differential or additional duties and taxes which may be required pursuant to the
provisions of the applicable laws from time to time), as may be levied from time to time
by the Government or other authority including those incurred by the Lender in
connection with the Facilities.
e. In case a credit note is issued, the borrower should adjust its GST Input Tax Credit,
within the month in which the discrepancy is communicated. If the same is not rectified
by the borrower which results in additional liability for the Lender, the same (tax and
interest) will be recoverable by the Lender. Providing correct registration number is the
responsibility of the customer and the Lender will not be responsible for verification of
GSTIN. In cases where customer fails to furnish GST registration number, the
customer will be treated as unregistered.
6. REPRESENTATIONS AND WARRANTIES:
a. The Borrower makes the representations and warranties set out in this Section 6 to the
Lender, in reliance of which the Lender may grant the Facility:
Page 18 of 39
[NBFC Letter Head]
a. The Facility once granted by the Lender under Transaction Documents
constitutes legal, valid and binding obligations of the Borrower enforceable in
accordance with their respective terms;
b. The Borrower is in compliance with all laws (including laws relating to
environment, social and labour, anti-corruption and anti-money laundering)
applicable to the Parties;
c. The entry into, delivery and performance by the Borrower of, and the transactions
contemplated by the Transaction Documents, do not and will not conflict: (a) with
any law; (b) with the constitutional documents, if any, of the Borrower; or (c) with
any document which is binding upon the Borrower or on any of its assets;
d. The Borrower has a valid agreement, engagement or arrangement with the Portal
which is currently subsisting and the Portal has not blacklisted, delisted, suspend
or otherwise terminate the arrangement;
e. The Borrower understands and declares that rate of interest levied and fee
charged is fair.
f. Except to the extent disclosed to the Lender, no litigation, arbitration,
administrative or other proceedings are pending or threatened against the
Borrower or its assets, which, if adversely determined, might have a material
adverse effect;
g. (a) All information communicated to or supplied by or on behalf of the Borrower
to the Lender from time to time, are true and fair/ true, correct and complete in all
respects as on the date on which it was communicated or supplied; and (b)
Nothing has occurred since the date of communication or supply of any
information to the Lender which renders such information untrue or misleading in
any respect;
h. The Borrower is not a specially designated national or otherwise sanctioned,
under sanctions (and related laws) promulgated by any Sanctioning Authority;
and
i. The Borrower has not taken any action and no other steps have been taken or
legal proceedings started by or against it in any court of law/ other authorities for
its insolvency, bankruptcy, winding up, dissolution, administration or re-
organization or for the appointment of a receiver, administrator, administrative
receiver, trustee or similar officer of the Borrower or of any or all if its assets.
j. The Borrower hereby ratifies and continues to consent sharing any of his
information to the Lender or any of its associates or agents.
b. Each of the representations set out in Section 6 shall be deemed to be repeated on
each day during the Tenure of the Facility.
7. COVENANT OF BORROWER:
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[NBFC Letter Head]
The Borrower hereby covenants that during the period of this Agreement:
a.
The Borrower shall observe and perform all its obligations and covenants under this
Agreement.
b.
The Borrower shall ensure timely payment of the Weekly/Fortnightly/Monthly
installment(s) to the Lender and ensure that the Repayment Modes issued towards
payment of the Weekly/Fortnightly/Monthly installment(s) are honoured on
presentation. It is the duty of the Borrower to ensure that his/her bank account has
been debited towards the Weekly/Fortnightly/Monthly installment(s) and in case of
his/her account not been so debited, the Borrower shall be obliged to inform the
Lender in this regard within 3 (three) Business Days from the Due Date of such
Monthly Installment.
c.
The Borrower shall promptly notify the Lender of any change in the Borrower’s
address, phone number, employer name, email address, as mentioned in Schedule
I.
d.
The Borrower confirms that he/she shall ensure availability of funds in the bank
account on which such PDCs have been drawn and that the Borrower will not at any
time close his/her bank account until the full and final payment of the Outstanding
Dues has been made to the Lender by the Borrower.
e.
The Borrower shall not change his/her name or change his/her bank account on
which PDCs have been drawn without prior written consent of the Lender.
f. The Borrower shall pay/reimburse the Lender against all expenses for any purpose
relating to this Agreement including any taxes pertaining to this Agreement, or the
Loan and enforcing the terms thereof.
g.
The Borrower shall pay and bear all taxes, rates, duties, charges and other imposts
and obligations, existing as well as in future, in respect of the product and the
transaction hereunder.
h.
The Borrower shall do all such things and execute all such writings as the Lender
may require from time to time for duly or more perfectly securing the repayment of
the Loan.
i.
Borrower shall irrevocably instruct the Portal to deposit/ transfer all sale proceeds
pertaining to the Borrower in a designated account of the Lender. Borrower shall
also provide copy of such instruction to the Lender. Borrower also undertakes and
agrees that such instruction/ authorization shall not be amended/ withdrawn or
varied without prior approval of the Lender.
j.
The Borrower shall ensure that the obligations under the Transaction Documents
shall at least rank pari passu with all its unsecured and unsubordinated obligations.
k.
The Borrower shall, within 3 (three) Business Days of demand by the Lender, pay
the amount of any Increased Costs incurred by the Lender as a result of (i) the
introduction of or any change in (or in the interpretation, administration or application
Page 20 of 39
[NBFC Letter Head]
of ) any law or regulation; (ii) compliance with any law or regulation made before or
after the date of relevant Loan (including any law or regulation concerning capital
adequacy, prudential norms, liquidity, reserve assets or tax) or (iii) in the event of
the Lender being called upon to pay any additional amount by its lending agency in
terms of their respective financing agreements or (iv) on account of factors beyond
the control of the Lender.
l.The Borrower agrees that it shall indemnify and hold harmless the Lender, to the fullest
extent permitted by applicable law, for all losses and liabilities (including due to
claims by a third party), incurred by the Lender as a result of any breach by it of any
Transaction Documents.
m. Borrower consents to payment of charges such as but not limited to platform fees.
n.
Borrower shall promptly provide upon request of the Lender any further
document/information as may be required by the Lender.
o.
Borrower undertakes to ensure that all information provided in the Application
Form(s) shall remain true at all times during the Tenure of the Facility.
p.
The Borrower shall utilize the Facility for the Purpose only.
q.
The Borrower shall not:
I.
use the fund for purchase of gold in any form, (including primary gold, gold
bullion, gold jewelry, gold coins, units of gold exchange traded funds (ETF)
and units of gold mutual funds);
II.
directly or indirectly: (a) use the Facility in any transaction with or for the
purpose of financing the activities of, any person/country currently subject
to any sanctions by Sanctioning Authority; and (b) take part in or financing
any activity, production, use of, trade in, distribution of, or otherwise
involved in any exclusion-list; and
III.
directly or indirectly, make or offer any payment, gift or other advantage
which is intended to, or does, influence or reward any person (whether or
not they are in the public sector) for acting in breach of an expectation of
good faith, impartiality or trust or otherwise performing their function
improperly.
r.
The Borrower shall provide end use certificate in a form and manner satisfactory to
the Lender.
s.
The Borrower shall put in place appropriate procedures and policies to restrict its
employees, consultants or other agents from causing breach of any conditions,
covenants or undertakings under these Standard Terms including laws relating to
environment, social and labour, anti-corruption and anti-money laundering.
t.The Borrower shall promptly notify the Lender in writing upon occurrence of any breach
of Covenant or representation or occurrence of Event of Default and the steps, if
any, being taken to remedy it.
Page 21 of 39
[NBFC Letter Head]
u.
The Borrower shall from time to time, if required by the Lender, provide additional
security, in a form and manner satisfactory to the Lender.
v.
The Borrower shall promptly notify the Lender of any breach of any representations,
warranties, covenants, undertakings or any other terms of these Standard Terms
together with the steps taken to remedy it. Upon the breach being reported, the
Lender may, without prejudice to any of its rights under law or contract, in its sole
discretion recommend implementation of corrective measures to remedy such
breach in a form, manner and time as may be necessary or desirable to the Lender.
w.
The Borrower shall ensure that throughout the Tenure of the Facility a valid
agreement, engagement or arrangement with the Portal shall subsist and the Portal
has not blacklisted/delisted/suspended or otherwise terminated such arrangement.
x.
Notwithstanding any of the provisions of the Indian Contract Act, 1872 or any other
applicable law or anything contained in the Transaction Documents, the amounts
repaid by the Borrower shall be appropriated first towards cost, charges and
expenses and other monies; secondly towards interest on cost charges and
expenses and other monies; thirdly towards interest on the delayed payments;
fourthly towards interest payable under the Transaction Documents and lastly
towards repayment of any principal amounts.
The Borrower hereby consents Lenders or its agents to contact Borrower or any of
associate of Borrower for loan relates aspects.
8. NEGATIVE COVENANTS:
The Borrower hereby covenants and agrees that without the prior written approval of
the Lender, the Borrower shall not:
a.
Repudiate or call in question the validity of agreement, the rate of interest or charges
levied.
9. OUTSOURCING OF SERVICES:
The Lender at its sole discretion from time to time, may appoint and authorize third
party(s) to provide the services including but not limited to mentioned below:
a.
To originate leads for loans through online platform (APP and Website) as well as
offline channels by providing services;
b.
To source customers and sell loans to the customers;
c.
To collect customer’s income details other details, expression of interest, Loan
applications, KYC documents, authorizations and permission etc.;
d.
To provide credit inputs, collect documents (loan agreements and other incidental
documents);
e.
To act as collection and recovery agent;
f.
To provide any advisory with respect to loan services
Page 22 of 39
[NBFC Letter Head]
10. CANCELLATION:
The Lender reserves the unconditional right to cancel the limits sanctioned without
giving any prior notice to the Borrower, on the occurrence of any one or more of the
following:
a.
in case the Facility (in full or in part) is not disbursed; or
b.
in case of deterioration in the creditworthiness of the Borrower (as determined by
the Lender) in any manner whatsoever; or
c.
in case of non-compliance of the Transaction Documents.
11. ASSIGNMENT OF RIGHTS:
The Lender shall at any time, without any consent of or notice to the Borrower be entitled
to securitize, sell, assign, discount or transfer all or any part of the Lender’s right and
obligations under this Agreement or other Loan Documents to any person(s) and in such
manner and on such terms as the Lender may decide. The Borrower shall not be entitled
to directly or indirectly assign or in any manner transfer, whether in whole or part, any
rights or obligation under this Agreement and other Loan Documents.
12. DISCLOSURE:
a.
The Borrower agrees and understands that as a pre-condition relating to the grant
of the Loan to the Borrower, the Lender requires the Borrower’s consent for the
disclosure by the Lender of information and data relating to the Borrower, of the
Loan availed of/ to be availed by the Borrower, obligations assured/ to be assured
by the Borrower in relation thereto, default, if any, committed by the Borrower in
discharge thereof and any other information made available by the Borrower to the
Lender.
b.
Accordingly, the Borrower agrees and gives consent for the disclosure by the
Lender, if required under the Applicable Law, of all or any such:
i.
information and data relating to the Borrower;
ii.
the information or data relating to Loan availed of/to be availed by the
Borrower; and
iii.
default, if any, committed by the Borrower in discharge of such obligation as
the Lender may deem appropriate and necessary to disclose and furnish to
Credit Information Bureau of India Limited (‘CIBIL’) and any other agency
authorised in this behalf by RBI.
c.
The Borrower further declares that the information and data furnished by the
Borrower to the Lender is true and correct.
d.
In the event of the Borrower committing a default in the repayment of Outstanding
Dues on the Due Dates, the Lender shall have an unqualified right to disclose the
Page 23 of 39
[NBFC Letter Head]
name of the Borrower to RBI, CIBIL and any other agency authorized in this behalf
by RBI. The Borrower gives its consent to the Lender and/or RBI and/ or CIBIL to
publish their name as defaulters in such manner and through such medium as the
Lender/RBI and/or CIBIL in their absolute discretion may think fit.
e.
The aforesaid right shall be available to the Lender in addition to and not in
derogation of any other rights available under the Agreement.
f.
Borrower further agrees and understands that:
i.
CIBIL and any other agency so authorized may use and/or process the said
information and data disclosed by the Lender in the manner as deemed fit by
them; and
ii.
CIBIL and any other agency so authorized may furnish for consideration the
processed information and data or products thereof prepared by them, to the
Lender/financial institutions and other credit grantors o registered users, as
may be specified by RBI in this behalf.
g.
The Borrower agrees and understands that the Lender may also disclose any
information/documents relating to the Borrower to any third party including Lender’s
Affiliates for promotional purposes or any other purpose as Lender may deem fit.
13. INDEMNITY:
a.
The Borrower shall indemnify the Lender (and its Affiliates) at all times hereafter
from and against any and all claims, damages, costs, losses, expenses, suits,
proceedings, actions, liabilities, etc., that may have been suffered by the Lender
and/or its Affiliates by reason of any act by the Borrower or default on the part of the
Borrower under this Agreement/in respect of the Loan and/or for the recovery of the
Outstanding Dues (including legal/ attorney fee).
b.
The Borrower further agrees to indemnify and keep indemnified the Lender and/or
its Affiliates from time to time and at all times hereafter from and against any and all
claims, damages, costs, losses, expenses, suits, proceedings, actions, liabilities,
etc., whatsoever arising in connection with or relating to any Communications (as
defined below) provided/received by the Lender and/or its Affiliates by Electronic
Media (as defined below).
14. ELECTRONIC MEDIA:
a.
The Borrower hereby confirms, acknowledges and agrees that the online
acceptance of this Agreement including any addendums hereto through the Website
or such other internet or web based means results in a binding contract between the
Parties.
Page 24 of 39
[NBFC Letter Head]
b.
The Borrower is aware that transmission of this Agreement, addendums to this
Agreement, terms and conditions, instructions, acceptances and communications
(‘Communications’) through electronic means such as email, facsimile, SMS text
messaging, websites, online acceptance, etc. (‘Electronic Media’) involves a number
of risks including fraudulent alterations and incorrect transmissions and absence of
confidentiality. However, the Borrower is desirous of receiving Communications
from and providing Communications to the Lender through the Electronic Media for
various matters under this Agreement including in relation to the Loan and the
operation thereof.
c.
The acceptance of Application Form, Sanction Letter and/or MITC and these Terms
and Conditions including any addendums hereto through the Website or such other
internet or web-based/digital means results in binding obligations between the
lender and Customer.
d.
The customer hereby expressly consents for taking his/her photo/video evidencing
the conduct of loan transaction by him/her and that such photo/video is
unconditionally agreed to be stored and preserved for a period of at least five (5)
years or otherwise from the date of closure of the loan and/or as the law/regulations
may so mandate, whichever is higher.
e.
That transmission of these Terms and Conditions, any addendums, instructions,
acceptances and communications (“Communications”) through electronic means
such as e-mail, facsimile, SMS text messaging, websites, online acceptance, etc.
(“Electronic Media”)involves a number of risks including fraudulent alterations and
incorrect transmissions and absence of confidentiality and despite knowing this, the
Customer agreed to receive and provide Communications in relation to the Loan
through Electronic Media. The Customer understands and acknowledges that there
are inherent risks involved in sending the instructions/communications/documents/
notices via email and /or in any other electronic/written form and hereby agree and
confirm that all risks arising therefrom shall be fully borne by the Customer, whether
or not it has resulted due to any non-communication, miscommunication, or
technological error beyond the control of the Lender. Further, the Customer shall
duly inform BFL about any change in the email id/address and indemnify the Lender
against any non-communication, miscommunication, error, loss and damage and
otherwise caused to the Lender.
f.
The Customer shall be solely liable for disclosure of any personal/sensitive personal
information without exercising proper due diligence at the Customer’s end.
g.
The Customer shall undertake to only use the official website/links of the Lender/its
associates/group companies/assigns for availing products/services by inputting the
domain information.
Page 25 of 39
[NBFC Letter Head]
h.
The Customer acknowledges the potential risk of data/privacy breach and the
Customer undertakes that they shall be solely liable for any unauthorized
disclosure/breach of data, etc. and any direct/indirect losses suffered by any party
due to the same. Hence, the Customer shall exercise utmost caution to ensure that
their personal data/sensitive personal data (including but not limited to any
passwords, financial information, account details, etc.) are NOT
shared/stored/made accessible through:
i. any physical means with or without the Customers knowledge (disclosure to any
person/third party, etc.) or
ii. through any electronic means, by exercising the following precautions/safety
measures:
1. The Customer shall always check if “https” appears in any website’s address
bar before making any online transaction, to ensure that the webpage is
encrypted;
2. The Customer shall avoid using third party extensions, plug-ins or add-ons
on their web browser, as it may result in the risk of tracking or stealing of
personal details;
3. The Customer shall always type the information and not use the auto-fill
option on web browser to prevent the risk of storage of any personal/sensitive
personal information;
4. The Customer shall NOT access darknet, unauthorized/suspicious websites,
suspicious/illegitimate online platforms or download applications from
unreliable sources.
5. The Customer shall ensure to disable cookies before accessing any
domain/website, to ensure that their personal information is not tracked by
any third party, unless otherwise consciously permitted by the Customer by
accepting the same;
6. The Customer shall NOT respond to any generic emails from an
unknown/unidentified source;
7. The Customer shall check the privacy policy of any website/application to
know the type of information that may be collected and the manner in which
it may be processed before accepting/proceeding/transacting on said
website/application;
8. The Customer shall always verify and install authentic web/mobile
applications from reliable source on your computer/laptop/tab/i-pad/smart
phone or any other electronic device;
9. The Customer shall NOT access any unidentified weblinks, bitly or any other
electronic links shared over electronic platform (such as email, SMS, social
media, websites);
Page 26 of 39
[NBFC Letter Head]
15. MISCELLANEOUS:
a.
Online Transactions
i.
For ease of operation of the Borrower, Borrower shall have the option of
applying for further facilities provided by the Lender using online secure
platforms as may be specified by the Lender (hereinafter referred to as "Online
Facility") at discretion of Lender. The Facility shall be extended to the Borrower
subject to the Borrower complying with the Lender's credit parameters and
submitting all documents/information as may be required by Lender in such
form as may be specified by the Lender from time to time. Lender may in its
sole discretion reject the application for the facility/loan by the Borrower.
ii.
It shall be the sole responsibility of the Borrower to ensure that the Access
Codes are not compromised or shared with any unauthorized users.
iii.
The Borrower expressly agrees and acknowledges to have read and
understood the terms applicable for usage of the Online Facility and be bound
by such terms and conditions (as amended by the Lender from time to time) at
all times during the tenure of such Facility.
iv.
The Lender shall have no obligation to verify the authenticity of any
transaction/instruction received or purported to have been received from the
Borrower through the Online Facility or purporting to have been sent by the
Borrower other than by means of verification of the Access Codes.
v.
All the records of the Lender with respect to the online request for facility arising
out of the use of the Online Facility shall be conclusive proof of the
genuineness and accuracy of the transaction. While the Lender and its
affiliates shall endeavor to carry out the instructions promptly, they shall not be
responsible for any delay in carrying on the instructions due to any reason
whatsoever, including due to failure of operational systems or any requirement
of law.
vi.
Borrower can check the availability of a pre-approved offer that may be made
by the Lender through Online Facility. Any pre-approved offer by the Lender
does not constitute grant of facility to the Borrower and shall be subject to the
terms as may be specified by Lender from time to time.
vii.
Borrower acknowledges and accepts that the Lender may permit/allow
anybody quoting the correct Access Codes and other details to conduct the
type of operations which are permitted under the Online Facility.
b.
Notices
i.
Any notice or request to be given or made by a party to the other shall be in
writing. Such notice or request shall be deemed to have been duly received by
the party to whom it is addressed if it is given or made at the address specified
below or at such other address as may be agreed from time to time:
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[NBFC Letter Head]
For the Lender:
Registered Office Address as specified in the Application Form
For the Borrower:
The address as stated in the Application Form.
c.
The Lender may also agree to act on the basis of request made via registered email
address of the Borrower. Provided however that a notice or communication to any
Borrower shall be deemed to be a notice or communication to other Borrower(s).
d.
The Lender shall, without prejudice to any of its specific rights under any other
agreements with the Borrower, at its sole discretion, be at liberty to apply any other
money, amounts, securities and other property of the Borrower (whether singly or
jointly with another or others) in possession of the Lender or any of its subsidiary/
affiliate/ associate company in or towards payment of the dues under Facility
granted under the Transaction Documents. The borrower can avail Online Facility
on the Portal.
e.
The Lender shall be entitled at the sole risk and cost of the Borrower to engage one
or more person(s) to collect the Borrower's dues and shall further be entitled to share
such information, facts and figures pertaining to the Borrower as the Lender deems
fit. The Lender may also delegate to such person(s) the right and authority to
perform and execute all such acts, deeds, matters and things connected herewith,
or incidental thereto, as the Lender may deems fit. The Borrower recognizes,
accepts and consents to such delegation.
f.
The Lender shall have the right to disclose or publish any information regarding the
Borrower or guarantor(s) (if any) and any information and documents that they might
possess from time to time to:
i.
any of its branches or with other banks, financial institutions, Credit Information
Bureau of India Limited, credit reference or rating agencies/bureaus or other
individuals/entities either in response to their credit inquiries directed to the
Lender or in the event of the Borrower not complying with any terms and
conditions herein or otherwise;
ii.
the Reserve Bank of India and/or any other statutory authority or official of the
Government of India or that of any other state.
iii.
In newspapers or public media in event of default.
g.
The Borrower shall not assign or transfer all or any of its rights, benefits or
obligations under the Transaction Documents.
h.
In case of default committed by the Borrower, the Lender may also disclose and
publish the information about the Borrower and its default with the Lender in the
Page 28 of 39
[NBFC Letter Head]
public domain including through Facebook, Instagram, Twitter, Telegram or any
other social media platform.
i.
The Borrower acknowledges that the Lender has or may have business and other
transactions with third parties (including those who are in the business of
manufacturing, supplying or otherwise dealing with any asset being financed by the
proceeds of this Facility) and hereby waives any conflict of interest that it may have
on such arrangement. Further, the Borrower acknowledges that any contract or
arrangement between the Lender and such third parties are independent of these
Standard Terms.
j.
The Lender reserves the right to amend the terms of these Standard Terms (except
amendment to Rate of Interest) by intimating the same to the Borrower.
k.
This Agreement is made in the form of electronic text, and it is legal and effective
for the parties to sign the Agreement by electronic signature INCLUDING BY
CLICKING "CONFIRM", "YES", "NEXT" OR "AGREE" OR EQUIVALENT RELATED
BUTTONS ONLINE, and neither party shall use any Reasons to deny that the
validity of the Agreement has been confirmed or that the relevant obligations have
not been fulfilled in accordance with such Agreements.
16. GRIEVANCE REDRESSAL MECHANISM OF THE PLATFORM:
Borrower can raise his/her concerns pertaining to the Platform, EMI schedule,
Facility Type, Processing Fee and/ or any other charges or any other concern
related to the product to authorized representatives of <Fintech Name> as below.
Please refer to <Fintech Grievance Redressal URL> for the updated Grievance
Redressal Policy information.
Grievance Redressal Officer
Borrowers are requested to address all their grievances at the first instance to the
Grievance Redressal Officer. The contact details of the Grievance Redressal
Officer are:
<Grievance Officer Name>
Company: <Fintech Name>
Address: <Fintech Address>
Contact: <Contact Number 1>
Email: grievance@loanloji.in
The Grievance Redressal Officer may be reached on the number provided above
anytime between 10:00 to 19:00 from Monday to Saturday except public holidays
or through the e-mail address above. The Grievance Redressal Officer shall
Page 29 of 39
[NBFC Letter Head]
endeavour to resolve the grievance within a period of (14) fourteen days from the
date of receipt of a grievance.
Nodal Officer
If the Borrower does not receive a response from the Grievance Redressal
Officer within (14) fourteen of making a representation, or if the Borrower is not
satisfied with the response received from the Grievance Redressal Officer, the
Borrower may reach the Nodal Officer on the number below anytime between
10:00 to 19:00 from Monday to Saturday or write to the Nodal Officer at the e-
mail address below. The contact details of the Nodal Officer are provided below.
<Nodal Officer Name>
Company: <Fintech Name>
Address: <Fintech Address>
Contact: <Contact Number 2>
Email: nodal@loanloji.in
17.GRIEVANCE REDRESSAL MECHANISM OF THE LENDER:
For all grievances against the Lenders, please refer to <Lender Grievance URL>
for the updated Grievance Redressal Policy information. Further, for your
convenience details of the Grievance redressal mechanism of Lender is provided
hereinbelow
Grievance Redressal Officer
The Borrowers/Customers may register his/her query/ complaint to the Company
which shall be addressed to the Grievance Redressal Officer in connection with
any matter pertaining to business practices, lending decisions, credit
management, recovery and complaints relating to updation/alteration of credit
information.
<Grievance Officer Name>
Company: <NBFC Name>
Address: <NBFC Address>
Contact: <Contact Number 1>
Email: <NBFC Grievance Email>
Nodal Officer
If the Borrower does not receive a response from the Grievance Redressal
Officer within (14) fourteen of making a representation, or if the Borrower is not
satisfied with the response received from the Grievance Redressal Officer, the
Borrower may reach the Nodal Officer on the number below anytime between
10:00 to 19:00 from Monday to Saturday except public holidays or write to the
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[NBFC Letter Head]
Nodal Officer at the e-mail address below. The contact details of the Nodal
Officer are provided below.
<Nodal Officer Name>
Company: <NBFC Name>
Address: <NBFC Address>
Contact: <Contact Number 2>
Email: <NBFC Nodal Email>
Complaints to Ombudsman
In case the Borrower does not receive a response from the Grievance Redressal
Official or the other Levels within one month from the date of making a
representation to the Lenders, or if the Borrower is not satisfied with the
response so received, a complaint may be made in accordance with the 'The
Ombudsman Scheme for Non-Banking Financial Companies, 2018'
("Ombudsman Scheme") to the Ombudsman in whose jurisdiction the office of
the Lender complained against, is located. For contact details of the Ombudsman
and for salient features of the Ombudsman Scheme, please refer our website
<Lender Ombudsman Scheme URL>
18. DISPUTE RESOLUTION:
Any dispute arising out of or in relation to the Loan, including this Agreement and/or
Loan Documents shall be referred for arbitration to the sole arbitrator appointed by
the Lender. The Parties agree and confirm that the arbitration proceedings shall be
conducted in in accordance with the Arbitration and Conciliation Act, 1996 and the
rules applicable thereto. The venue of the arbitration shall be at New Delhi and the
arbitration proceeding shall be conducted in English language. The decision of the
Arbitrator shall be final and binding on the Parties. Pending the passing of final
award, the Borrower shall be liable to perform all its obligations under this
Agreement.
19. GOVERNING LAW:
The validity, interpretation, implementation and resolution of disputes arising out of
or in connection with thi Agreement shall be governed by Indian law. The Parties
agree that all matters arising out of this Agreement shall be subject to exclusive
jurisdiction of the courts or tribunals (as the case may be) at Delhi, India.
Page 31 of 39
[NBFC Letter Head]
SCHEDULE I
THE MOST IMPORTANT TERMS AND CONDITIONS – MITC
1. We refer to the application form dated <ApplicationDate> ("Application Form") for
grant of the Loan described below.
2. Capitalized terms used but not defined hereunder shall have the meaning
ascribed to the term in other Loan Documents.
3. The Borrower acknowledges and confirms that the below mentioned are the most
important terms and conditions in the application for the Loan (and which would
apply to the Borrower in respect of the Loan, if the request for the Loan is accepted
by the Lender) and they shall be read in conjunction with the Application Form(s),
and the Loan Agreement):
S.No.
Particulars
Details
1
Date of execution of the <LoanSanctionDate>
Agreement
2
Place of execution of <NBFC State>,<NBFC District>
the Agreement
3
Loan
Application <ApplicationNo>
Reference Number
4
Lender Name
<NBFC Name>
5
Lender Address
<NBFC Address>
6
Brief particulars of the Loan amount in Rs. <LoanAmount>
Loan sanctioned
Loan amount in words Rupees
by the Lender to the <LoanAmount Convert into words> Only
Borrower
7
Details of the Borrower:
Name:
<FirstName> <LastName>
Address of Residence:
<Address1>
<State>
<Pincode>
Address
of <Address1>
communication:
<State>
<Pincode>
Email id:
<Email>
Registered
mobile <Mobile>
number:
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[NBFC Letter Head]
GSTIN
Not Applicable
State PinCode
<Pincode>
Type of Borrower
Individual
8
Loan Amount
INR <LoanAmount>
9
Security Amount
Nil
10
Tenure
<TenureDays> Days
11
Rate of Interest (p.a.%) <AnnualRateOfInterest>*100 % p.a. (Fixed)
12
EMI Amount
INR <EMIAmt>
13
Date of Disbursement
<LoanSanctionDate>
14
EMI Schedule
Kindly refer to Schedule II
15
Repayment Mode
A. ECS/NACH
B. NEFT
C. PDCs
D. RTGS
E. Standing instructions at the bank
F. Any other instrument suitable from time to time
G. E-Collection
16
NBFC Fees & Charges:
Loan
Processing <ProcessingFee>/1.18
Charges
(Excluding
GST)
Prepayment/Foreclosur Interest on the repayment amount shall be charged for
e Charges
the remaining days.
Late payment charges
1.18% of Loan
/
Penal
interest
One-time management
Amount
charges
Charge (inclusive of
GST)
Days Past Due, 1- Day 0.40% of Loan
Amount on
Daily Basis
(exclusive of
GST)
The accumulated Penalty shall be
Capped at 50.00% of loan amount as per
above table.
Overdue interest at an annualized interest
rate of <AnnualRateOfInterest>*100 p.a. will
be applicable per day on principal overdue
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[NBFC Letter Head]
NACH
Dishonor Rs 100
Charge
(Excluding
GST)
17
Platform
Fee
&
Charges
Platform
Credit <PlatformFee1>/1.18
Assessment Charges
(Excluding GST)
Platform
Face <PlatformFee2>/1.18
Recognition Charges
(Excluding GST)
Platform Onboarding <PlatformFee3>/1.18
Charges
(Excluding
GST)
18
Other Charges
As may be prescribed by the Lender from time to
time
19
Banking Details for As specified in the form above.
disbursal of Loan
20
Risk Category
<RiskCategory>
4.
The Borrower understands that the Co-Lenders have adopted risk-based pricing,
which is arrived by taking into account, broad parameters like the customers financial
and credit profile. Further, the Borrower acknowledges and confirms that the Co-
Lenders shall have the discretion to change prospectively the rate of interest and other
charges applicable to the Loan.
5.
The Borrower acknowledges and confirms having received a copy of all Loan
documents including Sanction Letter, Personal Loan Agreement, Most Important Terms
& Condition along with its schedules attached there to.
6.
The Borrower also hereby confirm that the contents of the copy of Loan Documents
have been explained to me in the language understandable by me and has understood
the meaning of all the provisions/contents of the loan documents and have voluntarily
executed the said loan documents upon understanding the content therein.
Page 34 of 39
[NBFC Letter Head]
Schedule II
(Repayment Schedule)
S.No.
Principal (INR) Interest (INR)
Due Date
Repayable
(INR)
<Generate
<Generate
<Generate
<Generate
<Generate
Dynamically> Dynamically> Dynamically> Dynamically> Dynamically>
<Generate
<Generate
<Generate
<Generate
<Generate
Dynamically> Dynamically> Dynamically> Dynamically> Dynamically>
(Note: The due date, interest and repayable amount is subject to change as per the
disbursement date of the loan amount.)
ACKNOWLEDGEMENT: Lender acknowledges receipt of your Application Form
together with the Loan Agreement. We will revert within 5 working days subject
to furnishing the necessary documents to Lender’s satisfaction
Page 35 of 39
[NBFC Letter Head]
***No Letter Head***
To,
<NBFC Name>
<NBFC Address Line 1>
<NBFC Address Line 2>
<NBFC Address Line 3>
SUB: DRAWDOWN REQUEST
1. Capitalized terms used hereunder shall have the meaning ascribed to it under the
application form dated <ApplicationDate> for grant of a "Digital Finance- Revolving
Credit Fixed Term (EMI) (the "Application Form") and the Standard Terms as
referred therein.
2. I hereby request a Loan of INR <LoanAmount> (Rupees <LoanAmount
converted into words> only) in the below mentioned Account:
Name of Beneficiary
<BeneficiaryName>
Account Number
<AccountNo>
Type of Account
Saving Account
IFSC Code
<IFSCCode>
3. I hereby confirm that no Event of Default or potential event of default has occurred
or is continuing.
4. This Drawdown Request is irrevocable. I shall not refuse to accept disbursement
of the Loan, except with approval of the Lender.
5. I hereby confirm that I authorize the Lender to deduct Platform Fee & Charges
mentioned
in
Schedule
I
of
INR
(<PlatformFee1>+<PlatformFee2>+<PlatformFee3>)*1.18 (Including GST) from
the disbursal of amount mentioned above and transfer it to <Fintech Company
Name> duly authorized by the lender.
Yours Faithfully
Borrower Name: <FirstName> <LastName>
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[NBFC Letter Head]
***No Letter Head***
DEMAND PROMISSORY NOTE
ON DEMAND, I, <FirstName> <LastName> (the 'Borrower') promise to pay to <NBFC
Name> including its successors and assigns, the amount of the Loan together with the
Outstanding Dues under the Personal Loan Agreement dated <LoanSanctionDate> (the
'Agreement') entered into between the Borrower and <NBFC Name>, amounting to a sum
of INR <LoanAmount> (Indian Rupees <LoanAmount converted into Words>) together
with interest as <NBFC Name> may fix from time to time, payable with
Weekly/Fortnightly/Monthly rests, from the date hereof, in terms of the Agreement. I/We
hereby waive the presentment for payment and noting and protest of this Demand
Promissory Note.
Capitalized terms used herein but not defined shall have the meaning as given to such
terms under the Agreement.
SIGNED AND DELIVERED by the with in named Borrower
Page 37 of 39
[NBFC Letter Head]
<Print PAN Photo from PanURL>
Page 38 of 39
[NBFC Letter Head]
***No Letter Head***
<Print Adhaar photo from AdhaarURL>
Page 39 of 39