Untitled
Untitled
Untitled
This Master Terms and Conditions ("T&C") has been made at Pune and on the date as
mentioned in Annexure 1 hereto:
1. Definitions:
1.1. “Loan” shall mean short term credit facilities availed/ to be availed by the Borrower
from the Lender for procuring the Economic Commodities from time to time.
1.2. “Loan Documents” shall mean this T&C, sanction letter and such other documents
executed or entered into, or to be executed or entered into, by the Borrower and the
Lender and/or any other person, in relation, or pertaining, to the Loan and the
transactions contemplated under the Loan and includes all modifications and
amendments thereto.
1.3. “Economic Commodities” shall mean products, goods and/or services provided by the
Merchant which the Borrower has availed or intends to avail
1.4. “Rate of Interest” shall the interest rate applicable to this Loan which shall be
mentioned in this T&C which may be modified by the Lender in accordance to the
Loan Documents.
1.5. “Repayment Schedule” shall mean the repayment schedule(s) in respect to the Loan
provided in this T&C and includes any modifications/revisions/replacement thereof
1.6. “Repayment Instrument” shall any Electronic Clearing System (“ECS”)/NACH
mandate, cheque signed/agreed/approved by the Borrower in favor Lender for
repaying the Loan Instalments.
1.7. “Merchant” shall mean seller/provider from whom the Borrower shall acquire the
Economic Commodities by utilizing the Loan, details of which are set of out in the
Loan Documents.
1.8. “Instalments” shall mean the periodical instalments as provided in the Loan
Documents and as may be computed by the Lender from time to time in relation to
amortize the Loan with interest within such period as may be determined in the
Repayment Schedule.
2. SCOPE
2.1. The Lender is a Non – Banking Financial Company engaged in the business of
providing loans to its customers.
2.2. The Lender has agreed to lend to the Borrower and the Borrower is borrowing from the
Lender the amount as set out in this T&C and the other Loan Documents for the
procuring one or more Economic Commodities. The total cost of the Economic
Commodities shall be set out in Annexure 1 of this T&C.
2.3. The Borrower may drawdown the Loan either in tranches or by one-time drawdown. In
the event of drawdown in tranches, the Lender may at its discretion make applicable
different or same Rate of Interest, tenure, Repayment Schedule etc. for each tranche.
This T&C is signed/agreed by you based on the Sanction letter agreed/signed/accepted
by you.
2.4. The Borrower had approached the Lender for Loan for buying/procuring the Economic
Commodities for an amount not exceeding the amount mentioned in the Annexure 1
attached herewith this T&C) on the terms, conditions and the purpose as stated /
contained in this T&C.
2.5. Borrower understands that every trench of Loan shall be assessed individually at the
Lender’s sole discretion and the final disbursement amount shall be based on the
Lender’s internal policies and eligibility criteria applicable to the Borrower.
2.6. The Borrower understands that for accessing eligibility, Lender may ask for certain
personal information of the Borrower. Borrower by agreeing to this T&C expressly and
irrevocably authorizes the Lender to collect, store, share, obtain, disclose and
authenticate any aspect of his/her personal information CKYC/ KYC either directly or
through any of the authorized agencies and/ or statutory authorities like UIDAI. In this
regard, Borrower also expressly and irrevocably authorizes the Lender to collect, use,
share, store, verify and authenticate Borrower’s personal identity information / KYC in
any manner without any notice to the Borrower for comprehensive credit profiling and
as required by law.
2.7. These T&C and all other details and terms (including but not limited to the amount of
the Loan, Rate of Interest, Repayment Schedule payment instruction bounce charges
(eg. NACH and ECS) cheque representation charges, additional interest due to delay in
paying Instalments as per Repayment Schedule, number and amount of each
Instalment, etc. that have been mentioned in this T&C, sanction letter, and other Loan
Document shall be borne by the Borrower without any demur or delay. Borrower
hereby declares that he/she has perused, understood and agreed to Lender’s method of
calculating the Instalments, the Rate of Interest charged and charges in case of delay
from the side of Borrower.
2.8. Borrower understands that these T&Cs are valid till the Loan is fully repaid in all
respects mentioned in this T&C and other Loan Documents. These T&C shall be valid
till terminated by the Lender.
2.9. At the request of the Borrower, the Lender may in its sole discretion agree to the
Borrower re-borrowing any amount(s) under these T&C and other Loan Documents for
such amounts and for such further periods as the Lender may deem fit in its sole
discretion and/or in compliance with applicable laws and including, the Lender’s
discretion in revising any of the conditions for the Loan including, specifying additional
conditions, which shall all be binding on the Borrower. The Rate of Interest/tenure and
change in conditions shall be as intimated by the Lender to the Borrower.
Notwithstanding this, upon any such request being made by the Borrower, the Borrower
shall have deemed to have warranted and represented to the Lender that no Event of
Default has occurred and/or is in existence or continuing.
2.10. The Loan shall be subject to the terms and conditions agreed herein between the Lender
and the Borrower.
3. DISBURSAL OF THE LOAN
3.1. The Loan may be disbursed to the Borrower in one or more trenche(s) as may be
required by the Borrower up to the limit specified in the Annexure 1.
3.2. Borrower also authorizes Lender to disburse the Loan to third party including but not
limited to Merchant.
3.3. When Loan is transferred to the Merchant based on the request of the Borrower it shall
be deemed as disbursed once the Loan amount or part of the Loan amount is transferred
from Lender’s account to the Merchant Account.
3.4. The disbursement shall be through the agreed mode of disbursement in the Loan
application journey completed by the Borrower in relation to availing loan(s) through
mobile application and platform of Lender/affiliates of Lenders or through the
Merchant mobile application and platform (“Platforms”).
4.1. The Borrower shall pay interest along with processing charges, and in case of default
or delay in repayment of Instalment late payment charges, default interest and
ECS/NACH/ cheque bounce charges (collectively “Charges”) at the rate as detailed in
Annexure 1 herein and other Loan Documents, and as per the time frame agreed by the
Borrower in the Platforms. The interest shall be calculated on the daily balance of the
outstanding Loan.
4.2. Notwithstanding the above, the Borrower understands that the Rate of Interest or the
Charges, may change as per the policies of the Lender or as per applicable laws and
regulations. The revised interest or charges shall be communicated to the Borrower
through email or otherwise. On account of upward revision of interest or Charges, the
Lender will have absolute discretion to revise the instalments applicable to the
repayment of the Loan, and the Borrower shall be liable to repay the Loan based on
such revised interest or the Charges. The Lender shall ensure that such change in the
Rate of Interest or the Charges is for Loans tranche that are availed after such change.
Rate of Interest and related Charges shall be communicated by the Lender to the
Borrower each time upon every future Loan.
4.3. The Borrower understands, agrees and confirms that in case the Borrower borrows any
amount under these T&C, a processing charge shall be paid by the Borrower each time
a Loan is borrowed at the rate as communicated to the Borrower prior to disbursement
of such Loan.
4.4. In the event the Borrower commits a default in the payment of Amount Due (defined
below) against the Loan or the Borrower commits any breach of any obligations under
these T&C or under any other instrument in respect of the Loan, the Borrower shall be
liable to pay default interest and applicable Charges at the rate as specified in Annexure
1 herein, with monthly interests, from the date of default till the date of realization by
the Lender. The payment of default interest and Charges 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.
5.1. The Borrower agrees to repay the Instalment(s) together with interest, default interest
(if any) or the Charges, dues and taxes (as applicable) (‘Amount Due”) on agreed due
date/s within the period specified in the Repayment Schedule or such other Loan
Document or as and when demanded by the Lender. Borrower understands that his/her
obligations under these T&C, shall be valid and binding, until the repayment of the
Amount Due, to the satisfaction of Lender.
5.2. At the request of the Borrower, Lender may accept the prepayment and foreclosure of
the Loan as per the terms agreed under these T&C.
5.3. The Borrower will remain liable under/in respect of the Repayment Instrument(s), even
if partial payments have been made towards the Loan, from time to time, or the Loan
amount has been revised. In case of death or Bankruptcy of the Borrower, the
outstanding Loan along with Interest, default interest and the Charges will be recovered
from his/her legal heir/s, legal representative/s,
5.4. Borrower shall be liable to repay the Loan immediately as and when demanded by the
Lender even before the end of Tenure.
6. ECS MANDATE
6.1. The Borrower has signed/agreed to the Repayment Instrument in favour of the Lender
for the repayment of the Loan now or hereafter. The Borrower hereby unconditionally
and irrevocably authorizes the Lender or any other enforcing agency to enforce the
Repayment Instruments towards payment of the Amount Due. The Borrower shall
ensure availability of funds in the account on which such Repayment Instrument(s)
have been drawn and the Borrower shall not at any time close his/her account and/or
issue any notice instructing the Lender not to present any such Repayment
Instrument(s) for encashment or instruct his/her bank to stop payment on any such
Repayment Instrument(s).
6.2. The Borrower further confirms that the Loan under these T&C has been made available
on the basis of the Repayment Instrument(s) issued by the Borrower in favor of the
Lender. The Repayment Instruments remain valid for all Loan along with interest,
default interest and Charges.
6.3. In case the Borrower does not comply with the aforesaid, the Lender shall still be
entitled to present/invoke the Repayment Instrument(s). The dishonor/failure of the
Repayment Instrument(s) shall be treated as an Event of Default under these T&C.
6.4. Where the Borrower has an active Loan and due to any voluntary or non-voluntary
action the Bank account of the Borrower becomes inactive due to any reason and has
restrictions placed on it, borrower shall immediately provide a replacement operational
account to the Lender, any failure of the Borrower to do this shall be considered as a
Material Breach of these T&C and an Event of Default.
7. EVENT OF DEFAULT
7.1. 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 these T&C and also on the
happening of one or more of the following events (each an “Event of Default” and
collectively “Events of Defaults”):
7.1.1. Default has occurred in the repayment of the Loan along with interest, default
interest or the Charges on the due date/s or on demand whether under these T&C
or under any other Loan Document with the Lender.
7.1.2. In the opinion of the Lender, Borrower has breached the representations and
warranties and the covenants provided under these T&C and the Loan
Documents.
7.1.3. In the opinion of the Lender, the Borrower have defaulted in the performance
of any Covenant, condition or agreement under these T&C.
7.1.4. The Borrower are or becomes a party to any litigation, arbitration,
administrative or other action, investigation by any governmental entity, claim,
suit or proceedings which would have a material adverse effect on the terms of
these T&C and the Loan Document.
7.1.5. The Borrower fails to provide a replacement operational bank account.
7.1.6. The Borrower fails to furnish any information or document that may be required
by the Lender from time to time; or
7.1.7. If any proceedings are pending or threatened against the Borrower by any
authority for any misconduct or breach/violation of any law or regulations or
code of conduct, etc.
7.2.1. the outstanding amount of the Loan shall forthwith become payable to the
Lender, without any notice to the Borrower.
7.2.2. Terminate the Loan and declare all obligations immediately due and payable;
and/or
7.2.3. Stop advancing money or extending credit for the Borrower’s benefit under
these T&C and Loan Document or any other agreement between the Borrower
and the Lender, and terminate the right of the Borrower to avail of or make
drawls from the loan; and/or
7.2.4. Take any action and proceed under any applicable law or statute against the
Borrower.
7.2.5. Enforce the Security, if any available.
7.2.6. The Borrower agrees that the payment of all the amount due to Lender under
these T&C and Loan Document can always be enforced against the Borrowers
estate and assets and these T&C and Loan Document shall be binding upon
“their heirs, executors, legal representatives and administrators of the
Borrowers.
7.2.7. Report such action to all the Credit Information Companies.
7.2.8. Upon the occurrence of any of the Events of Default as set out and agreed under
these T&C’s the borrower agrees that the account shall be classified as Non-
Performing Asset (NPA) as per the extant RBI Circulars/Regulations when the
payment of Loan Instalment (principal and/or interest) remains overdue for
more than 90 days, that is, the account will be marked as NPA on the 91st day
of continuous default from the original due date.
If due date of a loan account is March 31st, 2021, and full dues (Principal and
Interest) are not received before running of the day-end process on 31st March
2021, the date of overdue shall be considered to be March 31st, 2021.
If the account continues to remain overdue, then the account shall get tagged as
SMA-1 upon running day-end process on April 30th, 2021, i.e., upon
completion of 30 days of being continuously overdue. Accordingly, the date of
SMA-1 classification for that account shall be April 30th, 2021.
The Lender shall have the following remedies without prejudice to its other rights and remedies
under these T&C, in law or inequity:
8.1. The Lender shall be entitled to recover the charges for bouncing of the Repayment
Instrument(s), all Charges including default interest and other penal charges from the
Borrower as mentioned in Annexure 1 and the Loan Documents.
8.2. Any other remedy which may be available under law during the pendency of the Loan
including without limitation the remedy under section 138 of the Negotiable
Instruments Act, 1881 and under section 25 (1) of Payment of Settlement System Act,
2007.
8.3. In addition to the rights specified in these T&C, the Lender shall be entitled to take all
or any action with or without intervention of the Courts to recover the monies due and
payable by the Borrower under these T&C.
8.4. Notwithstanding any other rights available to the Lender under these T&C, the Lender
shall be entitled to initiate criminal proceeding or any other appropriate actions against
the Borrower if at any time the Lender at its sole discretion has sufficient grounds to
believe that the Borrower has made any misrepresentations and / or submitted any
forged documents or fabricated data to the Lender.
8.5. All rights and powers conferred on the Lender by these T&C shall be in addition and
supplemental to any rights the Lender has as a creditor against the Borrower under any
law for the time being in force and security documents and shall not be in derogation
thereof.
9.1.1. upon execution by the Borrower, these T&C will constitute a valid, enforceable
and legally binding obligation of the Borrower.
9.1.2. These T&C and Loan Document and any such information provided are binding
on the Borrower.
9.1.3. there is no law, regulation, decree or act and no provision of any existing
contract, agreement or instrument to which Borrower is a party that would be
contravened by these T&C or by the performance or observance of any of its
terms.
9.1.4. all information furnished by or on behalf of the Borrower in connection with
obtaining the Loan, whether prior to the date hereof or contemporaneously with
the execution of these T&C and all information furnished hereinafter, is and will
be true, correct and complete in all material respects as on the date on which
such information is provided or certified.
9.2. The representations and warranties above shall be deemed to be repeated by the
Borrower on and as of each day from the date of these T&C until all the outstanding
Loan, interest, default interest and the Charges due or owing hereunder by the Borrower
to the Lender have been repaid in full.
10. COVENANTS
10.1. ensure timely payment of the Amount Due and ensure that the Repayment Instrument(s)
are honored on presentation.
10.2. The Lender shall have the right to recall the Loan if the funds found to be used for any
speculative, unlawful and/or anti-social purposes.
10.3. promptly notify the Lender through a written notice, of any change in the Borrower’s
mobile no., postal address or any other details provided in the Application Form
including Bank Account.
10.4. Execute any and all documents, as the Lender may require, from time to time, for duly
or more perfectly securing the repayment of the Loan.
10.5. not default or delay in the repayment of outstanding Loan amount along with interest,
default interest or the Charges and dues beyond the respective due dates.
10.6. The Borrower hereby agrees to make the good the loss of the Lender and its directors,
officers, employees, agents, attorneys or any other Person affiliated with or representing
the Lender, if incurred by the Lender from (i) all obligations, demands, claims, and
liabilities (collectively “Claims”) asserted by any other party in connection with the
transactions contemplated by the Loan Documents; and (ii) all losses or expenses
incurred, or paid by the Lender, following or arising from transactions between the
Lender and the Borrower (including reasonable attorney’s Charges and expenses), (iii)
any loss in case of any breach of terms and conditions of these T&C.
11.1. The Borrower authorizes the Lender to engage or appoint one or more person(s) to
verify any fact or information furnished by, concerning and pertaining to the Borrower
and/or to collect any and all Borrower information or activities relating to the
administration of the Loan including the rights and authority to collect and receive on
behalf of the Lender all dues and unpaid instalments and other amounts due by
Borrower under these T&C. The Borrower expressly accepts and authorizes the Lender
(and/or any such third party as the Lender may appoint from time to time) to contact
third parties (including the family members of the Borrower) and disclose all necessary
or relevant information pertaining to the Borrower and the Loan, and the Borrower
hereby consents to such disclosure by the Lender (and/or any such third party as the
Lender may appoint). The Borrower understands and expressly agrees that the Lender
may visit his/her current and permanent address for address verification and operation
purpose. The Borrower also understands that the Lender may contact certain parties for
verification purpose and also to reach out to the Borrower, in case the Borrowers is not
reachable or avoids the calls of the Lender. In such cases, Borrower agrees not to hold
the Lender, its affiliates and its service providers liable for any loss and states that such
act shall not be termed as breach of privacy.
11.2. The Borrower also authorizes the Lender or any third party (authorized by the Lender)
to collect data from Credit Information Companies (“CICs”).
11.3. The Borrower agrees and authorizes the Lender to disclose, from time to time, any
information relating to the Borrower and/or the Loan to.
11.3.1. any employee or representative of the Lender or to third parties engaged by the
Lender, from time to time, for purposes of these T&C.
11.3.2. the CICs and other agencies authorized by the Reserve Bank of India or any
other regulatory authority, which may use, process, disclose and furnish the said
information, in any manner as it may deem fit.
11.3.3. to any group companies and/or to any of the Lender’s service providers,
Business Affiliates, insurers or insurance brokers or professional advisers;
and/orcredit rating agencies.
11.4. The Lender shall give notice to the Borrower of any change in the terms and conditions
including the disbursement schedule, interest rates, the Charges, repayment terms etc.
The Borrower shall keep himself/herself abreast with all such notifications and
confirms that he/she would be bound by such change, without any dispute.
Any dispute or difference arising out of or in connection with these shall be referred to
arbitration, in accordance with the Arbitration and Conciliation Act, 1996. The seat of
arbitration shall be at Pune and the arbitration shall be conducted in the English language.
The arbitral tribunal shall constitute of a sole arbitrator. The award of the arbitrators shall
be final and binding upon the Parties. These T&C be construed in accordance with the laws
of India and the courts of law at Pune, Maharashtra, India shall have exclusive jurisdiction
on the matters arising out of or in connection with these T&C. Any such dispute can be
referred to online arbitration process as agreed between the parties.
13. MISCELLANEOUS
13.1. The Borrower hereby state that the contents of the Loan Documents have been read
over and understood in the local language and that the Borrower have understood the
contents of the Loan Documents including these T&C and only then affixed the
signature/agreed to the said Loan Documents and/or these T&C.
13.2. The Borrower confirms that laws in relation to the unsolicited communication referred
in “National Do Not Call Registry” (the “NDNC Registry”) will not be applicable for
such communication/calls/ SMSs received from Lender, its employees, agents, service
provider and/or associates
13.3. The Borrower understands that (a) GST as may be applicable will be charged in
connection with the Loan (b) Loan Documents /information, photographs will not be
returned under any circumstances once submitted. such documents /information
photographs may be retained by the Lender as required by law for time being in force.
13.4. The Borrower agrees that he/she may be solicited for other products of the Lender. The
Borrower acknowledges that there shall be no linkage between this Loan and any
products offered by the Lender.
13.5. Except as otherwise provided herein, all Charges and expenses incurred in connection
with or related to these T&C shall be paid by the Borrower. The Borrower shall be
liable to pay any tax, stamp duty, stamp duty penalties, registration Charges, penalties
as may be incurred by the Borrower or the Lender, for performance or enforcement of
these T&C
13.6. The parties hereto confirm and acknowledge that these T&C, Application Form, and
the Annexure(s) herein, constitute the entire agreement between them and shall
supersede and override all previous communications, either oral or written, between the
parties with respect to the subject matter of these T&C and Loan Document, and no
agreement or under-standing varying or extending the same shall be binding upon any
Party hereto unless arising out of the specific provisions of these T&C and Loan
Document.
13.7. Should any part of these T&C be declared illegal or unenforceable by a court of
competent jurisdiction, the same shall not alter the validity or enforceability of any
other term or provision of these T&C.
13.8. The Borrower shall not in any manner be entitled to assign his/her rights and obligations
under these T&C. Notwithstanding anything to the contrary contained in these T&C,
the Lender shall have the right (in full or in part) to assign and/or transfer and/or novate
its rights or obligations under these T&C and/or the outstanding amount or other
arrangement for risk sharing, whether with or without recourse to the Lender, to one or
more banks or any other entity, trust, any association, without any reference or notice
to the Borrower.
13.9. No amendment, modification or addition to these T&C shall be effective or binding
upon either of the parties hereto unless set forth in writing and executed by them
through their duly authorized representatives.
13.10. For any queries or grievances, the Borrower can reach us at grievance@fibe.in or
contacts us on 020-67639797. Notice of any grievance should be sent only to the
above-mentioned channels.
ANNEXURE 1
As of Effective Date, the Schedule of Interest and the Charges are as follows:
1. Interest on the Loan Maximum interest rate: Up to 9.91p.a. charged on Monthly basis
and detailed in the Loan Letter attached herewith or any subsequent Loan Letter shared.
2. Loan Repayment Schedule: As added in the Loan Letter attached herewith or any
subsequent Loan Letter shared.
3. Breakup of Interest and Principal: As detailed in the Loan Letter attached herewith or
any subsequent Loan Letter shared.
4. Charges:
a) Processing Fees: Rs (including GST Rs.) and detailed in the Loan Letter attached
189.00
herewith or any subsequent Loan Letter shared.
b) Late payment charges: In case of delay in payment of Amount Due, the Lender shall
charge late payment charges not exceeding 3% per month on the Amount Due, subject to a
minimum of Rs. 500 and detailed in the Loan Letter attached herewith or any subsequent
Loan Letter shared. Overdue interest on overdue amount not exceeding 30% per annum.
c) ECS/NACH mandate reject charge: In the event, the ECS/NACH mandate registration
is rejected, the Lender will charge rejection charges not exceeding Rs 500/- per rejection
and detailed in the Loan Letter attached herewith or any subsequent Loan Letter shared.
d) Charges for bouncing of the Repayment Instrument(s): In case of default by reason of
the Repayment Instrument(s) being dishonored, Lender shall charge 500/- per month / per
default towards its dishonor and detailed in the Loan Letter attached herewith or any
subsequent Loan Letter shared.
e) Prepayment Charges: Not exceeding 2% of the Prepaid Amount and detailed in the Loan
Letter attached herewith or any subsequent Loan Letter shared.
The Lender, may at its sole discretion, waive or reduce the charges as mentioned above, on a
case-to-case basis.
IN WITNESS WHEREOF the Parties have executed these T&C on the day and the year as
mentioned in the First Schedule. OTP verified by Amarjeet Yadav
on via Mobile No 8542818472
Annexure 2
Loan Letter
Dear Customer/Borrower,
Pursuant to the Loan Agreement executed between EarlySalary Services Private Limited (the
“Lender”, “We”) dated 2023-04-07 (“Agreement”) and, based on your request it was
agreed that the Loan(s) will be disbursed from time to time based on the terms and conditions
as agreed in the Agreement.
Now based on your request We are pleased to inform you that, a Loan of amount detailed below
has been sanctioned and disbursed to your account. Your Loan Account Number for this Loan
shall be is LAI8004844920 .
1. The Payment can be made at any time before the due date subject to Prepayment Charges
specified in the table above.
2. Please visit “Repay” section on our mobile application for multiple repayment options.
3. Once your NACH (Autopay) (“Repayment Instrument”) is registered, we will present the
instalment Repayment Instrument on the due date of every month or on such other date
which may be mutually agreed and communicated. Please ensure that your bank account
is adequately funded. This will avoid levy of additional charges for non-receipt of payment.
The Lender may present the Repayment Instrument for additional times as permitted by
law if your bank account is not adequately funded on due date.
4. You can visit profile section of our app to check your Autopayment status. If you wish to
register for Autopayment, you can do so by visiting the Autopayment option in the Menu
on our app.
6. Late payment charges: In case of delay in payment of Amount Due, we shall charge late
payment charges not exceeding 3% per month on the Amount Due, subject to minimum
of Rs. 500. Overdue interest on overdue amount not exceeding 30% per annum.
7. The interest on the overdue amount after your due date is passed is levied 3 % p.a.
8. If you require any further details on your loan, please send us an email at
care@fibe.in
9. You also agree and understand that except as otherwise provided or modified herein, all
the terms and conditions of the Agreement shall remain in force and shall apply to this letter
as well.
The Lender, may at its sole discretion, waive or reduce the charges as mentioned above, on a
case-to-case basis.
We value your relationship with us and assure you of our best services always.