fastag tnc
TERMS & CONDITIONS FOR VENDORS/ DEALERS:
Please read this terms & conditions carefully before entering into this contractual relationship. By accepting this terms & conditions, you agree to be bound by these terms & conditions set forth below including any additional guidelines and future modifications. This Terms and Conditions (“Agreement”) is a legal contract between you and Sahaj and if at any point of time you do not agree to these terms & conditions or do not wish to be bound by these terms & conditions, you may not be allowed to act as a Vendor/Dealer of Sahaj Retail Limited (Sahaj) and Sahaj shall have the right to terminate your contractual relationship on immediate basis. You shall be allowed to act as a Vendor/ Dealer of Sahaj and shall have the right to provide Fastag related Services subject to your adherence with the terms and conditions set forth below including relevant policies. Sahaj reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the “Terms and Conditions” link from time to time to stay abreast of any changes that the “Site” may introduce.
1. VENDOR/ DEALER RESPONSIBILITIES:-
A) The Vendor/ Dealer shall provide the Services relating to Fastag business as per the terms and conditions of the Business Correspondent Agreement (BC Agreement) duly executed between Sahaj and the respective Banks and as per the guidelines of the Reserve Bank of India (RBI) and Government of India (GOI) and/or any other Statutory Authority as the case may be regarding this Fastag service.
B) The Vendor/ Dealer shall strictly follow the rules/ regulations/ instructions of Sahaj and/or designated Banks, as may be amended from time to time and shall comply with all the prevailing guidelines and regulations of Fastag mandate of the designated Banks, till such time the Vendor/ Dealer continue to work with Sahaj.
C) The Vendor/Dealer shall comply with the norms and subject to the notifications, circulars of the respective Banks and also the guidelines as may be applicable for Sahaj.
D) The Vendor/ Dealer shall be under exclusive control of Sahaj and Banks, and shall not be deemed to be considered as an employee of Sahaj or the Banks at any time or under any circumstances.
E) The Vendor/ Dealer will provide such additional services as may be required pertaining to the said Fastag business as may be intimated to him/her by Sahaj from time to time..
F) The Vendor/ Dealer shall comply with all Regulatory requirements as may be required for providing Services under this Agreement.
G) If the Vendor/ Dealer engages/ employ any person under him/her for providing Services under this Agreement, and/ or to facilitate the services then it shall be the responsibility of the Vendor/ Dealer to bear all the cost and expenses of such person including his/her salary/remuneration/fees/commission and other statutory benefits if any. Sahaj and/or Banks shall have no responsibility or liability towards such person(s) of any kind.
H) The Vendor/ Dealer has to strictly follow and abide by the Rules & Regulations of Information Technology Act, 2000 and other Statutory Acts as applicable for Sahaj.
I) The Vendor/ Dealer shall always allow RBI and/or Banks and/or Sahaj or any person(s) authorised by RBI and/or Banks and/or Sahaj to have access to Banks documents, records relating to the service under this Agreement or of any transactions and any other necessary information given to, stored in or processed by the Vendor/ Dealer.
J) The Vendor/ Dealer hereby recognize the rights of the RBI/Banks/Sahaj to take any kind of inspection to be made on Vendor/ Dealer and regarding it’s books of accounts relating to services provided under this Agreement.
K) It shall be the responsibility of the Vendor/ Dealer to pay all the taxes including GST and to comply with all the related compliance relating to Fastag business.
L) The Vendor/ Dealer shall maintain a detail record/ repository of all the Tags received/procured from Sahaj, Tags sold during the month, Tags in hand at the end of the month and Tags lost/ damaged during the month, if any and shall share such list with Sahaj in every month, failing which Sahaj shall be free to take necessary action against such Vendor/ Dealer.
2. SERVICES:
The Vendor/ Dealer shall provide all the Services relating to Fastag business and/or any other services as may be allotted by Sahaj from time to time.
3. COMMERCIAL:
For providing the above mentioned Services, the Vendor/ Dealer will get Commission/ Fees as per the below mentioned table and this Commission/ Fees are subject to change from time to time as per Bank’s Guidelines and norms on commission from time to time & as may be applicable for Sahaj.
Termination:
A) Sahaj shall have the right to terminate the Vendor/ Dealer, if it finds any appropriate reason or ground or where it is necessary as per the terms and guidelines of Banks/ RBI or if any complaint received against the Vendor/ Dealer or the performance of the Vendor/ Dealer does not satisfy the standard or specifications set by Sahaj and /or Banks and/or RBI, Sahaj reserves the right to terminate the Vendor/ Dealer on immediate basis.
B) If any extra charges are taken from the citizen/ customer other than the charges as specified by Banks/ Sahaj/ RBI, then the Vendor/ Dealer will be terminated on immediate basis without any further Notice.
C) If KYC documents of the citizen/ customer for providing the services is not collected and deposited as per the guidelines of Banks/ RBI then the Vendor/ Dealer will be terminated on immediate basis without any further Notice.
D) The Vendor/ Dealer has to operate from the respective places as approved/allotted by Sahaj, failing which Sahaj shall have the right to terminate this contract on immediate basis without any further notice.
E) If Vendor/ Dealer does not follow the terms and conditions of Sahaj/ Banks or do not work on regular basis or fails to comply with the prevailing guidelines of Fastag mandate for Banks, Sahaj can terminate this contract on immediate basis without any notice.
F) In case of issues related to integrity, any malpractice, fraud, misrepresentation, Cyber Crime, misappropriation of cash, Sahaj reserves the right to issue show cause notices, and in absence of any proper reply within stipulated time period, Sahaj reserves right to terminate the contract on immediate basis without any further notice and Sahaj to take necessary legal action on the Vendor/ Dealer or to lodge police complaints/FIR against the Vendor/Dealer or any person working under him/her.
G) For any other reason that Sahaj/ Banks may deems fit.
4. PENALTY
The Vendor/ Dealer agrees that if any penalty, damages or any claim are imposed on Sahaj by RBI/ Banks for any default, breach committed by the Vendor/ Dealer directly attributable under this contractual relationship, the same shall be borne by the Vendor/ Dealer and the penalty, interest or damages amount shall be paid to Sahaj within 3 working days from the date of receiving demand notice from Sahaj. All the Tags procured from Sahaj by the Vendor/ Dealer should be issued to the customers/ users within the specific time period from the date of such procurement, and the unused or unissued tags should be returned to Sahaj within specific timeline set by Sahaj, failing which, the Vendor/ Dealer shall be liable to pay penalty as will be imposed by Sahaj per Tag. In other words, all penalty imposed on Sahaj which are directly attributable for the wrong doings of Vendor /Dealer shall be borne by the Vendor /Dealer at his/her own cost and the Vendor/ Dealer shall also be charged for the lost and/or damaged Tags maximum up to the applicable MRP/- per Tag. Plus interest & other ancillary costs.
5. INDEMNIFICATION :
The Vendor/ Dealer agrees to indemnify, defend and hold harmless Sahaj and its Subsidiaries, Directors, officers, agents and employees, from all claims, suits, actions, demands, damages, liabilities, expenses (including fees and disbursements of counsel) judgments, settlements & penalties of any kind arising from defective services and/or for failure to perform as per the guidelines mentioned in this Agreement or for any acts or omissions on his/her part which causes damages to Sahaj/ Banks.
6.ASSIGNMENT:
The rights, liabilities and obligations of the Vendor/ Dealer shall neither be assigned nor delegated without the prior consent of Sahaj.
7. CONFIDENTIALITY & SECRECY:
The Vendor/ Dealer is committed to maintain high standards of confidentiality, secrecy and business ethics. It is a condition of this assignment as well as of the continued relationship that the Vendor/ Dealer shall observe and maintain high levels of confidentiality, secrecy and business ethics and shall not disclose any details or data available through this Terms and Conditions to anyone or third parties. Any violation of this clause to Vendor/ Dealer would be responsible for any consequences in case of such disclosure and shall hereby agrees to indemnify Sahaj for any consequences arising due to non- adherence of the above.
8. GENERAL TERMS:
A) It is hereby clarified that this Agreement is on a principal to principal basis and does not create and shall not be deemed to create any employer-employee or a principal-agent relationship between the Vendor/ Dealer and Sahaj.
B) This Terms and Conditions shall be governed by and construed in accordance with the Indian Laws. Any dispute arising under these terms and conditions shall be subject to the jurisdiction of the Courts in Kolkata, West Bengal.
C) The Vendor/ Dealer will not be liable to Sahaj for any failure to meet its obligations due to any Force Majeure event. Force Majeure is an event beyond the reasonable control of the either party.