TERMS & CONDITIONS FOR UIDAI/AADHAAR OPERATOR:-

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 as may be applicable for UIDAI business. This Terms and Conditions (“Agreement”) is a legal contract between you and Sahaj Retail Limited (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 an Unique Identification Authority of India (UIDAI)/ Aadhaar Operator of Sahaj and Sahaj shall have the right to terminate your contractual relationship on immediate basis. You shall be allowed to act as a UIDAI/ Aadhaar Operator of Sahaj and shall have the right to provide UIDAI/ Aadhaar 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 any provision 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 updated of any changes that the “Site” may introduce and as communicated from time to time by UIDAI/SAHAJ/BANK/OCAC.

1.

The UIDAI/ Aadhaar Operator shall provide the services relating to UIDAI business as per the terms and conditions of the contractual relationship between Sahaj and respective Banks and Odisha Computer Application Centre (OCAC) with whom Sahaj is presently working with and/or banks/respective authorities with whom Sahaj will get associated with in future and as per the guidelines of the UIDAI and/or any other State Government or Statutory Authority and Government of India (GOI) as the case may be and as implemented and/or amended regarding this UIDAI services.

2.

The UIDAI/ Aadhaar Operator shall strictly follow the rules/ regulations/ instructions of Sahaj and/or designated Banks/ OCAC, as may be amended from time to time and shall comply with all the prevailing guidelines and regulations of Aadhaar mandate of the designated Banks/ OCAC, till such time the UIDAI/ Aadhaar Operator continue to work with Sahaj..

3.

3)The UIDAI/ Aadhaar Operator shall comply with the norms and subject to the notifications, circulars of the respective Banks/ OCAC/ State Government and also the guidelines as may be applicable for Sahaj.

4.

The UIDAI/ Aadhaar Operator shall be under exclusive control of Sahaj and Banks/ OCAC, and shall not be deemed to be considered as an employee of Sahaj or the Banks or OCAC at any point of time or under any circumstances.

5.

The UIDAI/ Aadhaar Operator will provide such additional services as may be required pertaining to the said UIDAI business as may be intimated to him/her by Sahaj from time to time..

6.

The UIDAI/ Aadhaar Operator shall comply with all Regulatory requirements as may be required for providing Services under this Agreement.

7.

If the UIDAI/ Aadhaar Operator 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 UIDAI/ Aadhaar Operator 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 and/or OCAC shall have no responsibility or liability towards such person(s) of any kind. indemnify Sahaj for any consequences arising due to non- adherence of the above.

8.

The UIDAI/ Aadhaar Operator has to strictly follow and abide by the Rules & Regulations of Information Technology Act, 2000, The Aadhaar Act, 2016 and other Statutory Acts as applicable for Sahaj.

9.

The UIDAI/ Aadhaar Operator shall always allow UIDAI and/or Banks and/or OCAC and/or Sahaj or any of their officials to have access to any documents, records relating to the services under this Agreement or of any transactions and/or any other necessary information given to, stored in or processed by the UIDAI/ Aadhaar Operator..

10.

The UIDAI/ Aadhaar Operator hereby recognize the rights of the UIDAI/Banks/OCAC/Sahaj to take any kind of inspection to be made on UIDAI/ Aadhaar Operator and regarding it’s books of accounts relating to services provided under this Agreement.

11.

It shall be the responsibility of the UIDAI/ Aadhaar Operator to pay all the taxes including GST and to comply with all the related compliance relating to UIDAI business.

12.

The UIDAI/ Aadhaar Operator shall maintain a detail record/ repository of all the transaction/ services provided to the citizen during the month and shall share such list with Sahaj in every month, failing which Sahaj shall be free to take necessary action against such UIDAI/ Aadhaar Operator.

13.

All the Terms and Conditions as mentioned herein shall be effective retrospectively from the date of commencement of the UIDAI business by the UIDAI/ Aadhaar Operator in association with Sahaj.

14.

The UIDAI/ Aadhaar Operator shall comply with all applicable Union, State and local Laws, Ordinances, Regulations and Codes in performing its obligations hereunder, including the procurement of licenses, permits and certificate and payment of Taxes, where required.

15.

The UIDAI/ Aadhaar Operator shall submit background verification and/or KYC verification and/or Police Verification certificate as per the specification of respective Banks/ OCAC/ Sahaj at it’s own cost, wherever applicable..

16.

The UIDAI/ Aadhaar Operator should ensure that the processes/ office timings/ holidays as applicable to respective Banks/ OCAC shall be applicable for his/her centre also.

17.

The UIDAI/ Aadhaar Operator will be reporting to the Branch Manager/ Authorised person of Sahaj/OCAC as per the prescribed banking hours of the branch/Centre and shall complete daily (BOD/EOD) activity to be fulfilled as per UIDAI/ Banks/ Sahaj’s requirement.

18.

The entire requirement/ KIT including all machineries and internet connectivity as may be required by the UIDAI/ Aadhaar Operator, for providing seamless and hassle free Aadhaar Enrollment/ Update facility to citizen or customer will be arranged/ purchased by the UIDAI/ Aadhaar Operator only, wherever applicable and all those requirement/ KIT should be as per UIDAI guidelines.

19.

The UIDAI/ Aadhaar Operator will be reporting to the respective Branch Manager/ Authorised person of the designated Banks/ OCAC/Sahaj to do the activities assigned.

20.

The UIDAI/ Aadhaar Operator will not deny the Services to all eligible citizen or customers without express consent of designated Banks/ OCAC/Sahaj.

21.

If the UIDAI/ Aadhaar Operator is found to do the wrong enrollment or if there is any default of any kind on the part of the Operator and if any penalty is impose by the UIDAI for the same, then the Operator is hereby agrees to deposit such penalty amount in the designated bank account within 2 days of receipt of any notice/ letter for the same.

22.

The UIDAI/ Aadhaar Operator should carry a valid identity card, issued by Sahaj, wherever applicable, and should maintain appropriate office decorum and appropriately dressed.

23.

The UIDAI/ Aadhaar Operator shall deposit the money so collected from the customers/ citizen for providing the Services under this Agreement to the designated bank account of the respective Banks/ OCAC/Sahaj on the same day it was collected, failing which UIDAI/ Banks/OCAC may impose penalty and in that case he/she shall have to pay the penalty amount within 2 days of receiving the demand notice/ letter/official communication & in case of any further delay additional interest will be imposed @ 18% p.a pro rata basis.

24.

The UIDAI/ Aadhaar Operator shall always display the Rate List and Banner as approved by UIDAI at the designated Aadhaar Centre.

25.

The UIDAI/ Aadhaar Operator should be Certified, properly Trained and must have Aadhaar Number as per UIDAI directives.

26.

No customer details or documents to be retained or shared by the UIDAI/ Aadhaar Operator to any third party without prior consent of Sahaj.

27.

Any absence or leave to be informed to the branch manager/ designated person of Sahaj/ OCAC and ensure replacement is available in place to carry smooth operations at all times.

28.

The UIDAI/ Aadhaar Operator is not allowed to collect any cash from and/or on behalf of the customer for providing the Services under this Agreement without obtaining written permission from SAHAJ.

29.

As long as the UIDAI/ Aadhaar Operator is working on Aadhaar project under this Agreement, all the machineries, equipment and laptop of him/her will be in the custody of the respective Banks/OCAC/ Sahaj only. Any devices, equipments, machineries used for the project shall not be taken outside the Banks/OCAC premises without the written approval of Sahaj/Banks/OCAC. In case of any damage of the said devices, equipments, machineries at your end you will be responsible for the same and Sahaj shall have the right to claim compensation as may be appropriate.

30.

The UIDAI/ Aadhaar Operator shall ensure that he/she shall strictly follow the terms and conditions of Banks/ OCAC as may be applicable to Sahaj and the guidelines of UIDAI while performing its duty under this Agreement.

31.

The UIDAI/ Aadhaar Operator shall provide all the Services relating to UIDAI business as mentioned in Annexure-A of this Agreement and/or any other services as may be allotted by Sahaj from time to time.

32.

For providing the above mentioned Services, the UIDAI/ Aadhaar Operator will get Commission/ Fees as decided by Sahaj subject to the guidelines of the respective Banks/OCAC/UIDA and this Commission/ Fees are subject to change from time to time.

33.

The salary/ commission shall be paid to the UIDAI/ Aadhaar Operator only when there is no dues pending from the Operator and/or there is no default of any kind on the part of the Operator

34.

The remittance of fees/commission to the UIDAI/ Aadhaar Operator are subject to the condition that, once Sahaj receives it’s commission from respective Banks/ OCAC, the said remittances will be made to the UIDAI/ Aadhaar Operator, i.e., a back to back arrangement for releasing payments between the UIDAI/ Aadhaar Operator of Sahaj & Banks/ OCAC.

35.

In case of termination of the UIDAI/ Aadhaar Operator by Sahaj, full and final settlement of commission or any payout due to him/her, will be paid/ settled once Sahaj will get a clearance from respective Banks/OCAC/UIDAI and accordingly the Operator will be released.

36.

This Agreement will remain valid till the UIDAI/ Aadhaar Operator is engaged by Sahaj or till the time the contractual relationship between Sahaj and respective Banks/ OCAC remains in force, whichever is earlier, and also till such time UIDAI generate AADHAR report from the list of enrollments done by respective operator are obtained.

37.

The UIDAI/Aadhaar Opeator shall have the right to terminate this Agreement with or without cause by giving 30 days prior written Notice to Sahaj otherwise penalty will be imposed on him/her, due to non-functionality of center. Sahaj shall have the rjght to terminate this Agreement on immediate basis with or without assigning any reason.

38.

Sahaj shall have the right to terminate the UIDAI/ Aadhaar Operator, if it finds any appropriate reason or ground or where it is necessary as per the terms and guidelines of Banks/ OCAC/ UIDAI or if any complaint received against the UIDAI/ Aadhaar Operator or the performance of the UIDAI/ Aadhaar Operator does not satisfy the standard or specifications set by Sahaj and /or Banks and/or OCAC and/or UIDAI, Sahaj reserves the right to terminate the UIDAI/ Aadhaar Operator on immediate basis.

39.

The UIDAI/ Aadhaar Operator agrees that if any penalty, damages or any claim are imposed on Sahaj by Banks/ OCAC/ UIDAI directly attributable for any default, negligence, breach committed by the UIDAI/ Aadhaar Operator, the same shall be borne by the UIDAI/ Aadhaar Operator and the penalty, interest or damages amount shall be paid to Sahaj within 2

40.

The UIDAI/ Aadhaar Operator agrees to indemnify, defend and hold harmless Sahaj and its 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/ OCAC/ UIDAI.

41.

The rights, liabilities and obligations of the UIDAI/ Aadhaar Operator shall neither be assigned nor delegated without the prior consent of Sahaj.

42.

The UIDAI/ Aadhaar Operator 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 UIDAI/ Aadhaar Operator 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.

43.

The UIDAI/ Aadhaar Operator shall undertake to observe, adhere to, abide by, comply with all Applicable Laws, Rules and Regulations of any Statutory Authority for providing Services under this Agreement and shall indemnify, keep indemnified and hold harmless, defend and protect Sahaj/ Banks/ OCAC and/or its employee, Director, officers/ staffs/ personnel/ representative/ agents from any failure or omission on its part.

44.

Sahaj reserves the right to modify, and/or alter and/or amend any terms and conditions of this Agreement subject to the prevailing Guidelines of Banks/OCAC and/or UIDAI Guidelines.

45.

Unless otherwise provided herein or agreed to in writing by the Parties, all notices, requests or other communications under this Agreement shall be in writing and shall be served or given to either Party by sending it by registered/speed post, courier, facsimile transmission or personally delivered to the other Party at its address specified below:

The Parties under this Agreement shall be at the following address:

Sahaj Retail Limited	UIDAI/ Aadhaar Operator

 

46.

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 UIDAI/ Aadhaar Operator and Sahaj./p>

47.

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./p>

48.

The UIDAI/ Aadhaar Operator 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. The Operator shall ensure that a written notice has been given to Sahaj mentioning the happening of such force majeure event./p>

ANNEXURE- A

(Services)

1.

The UIDAI/ Aadhaar Operator shall offer Aadhaar enrollment/ updation facility as per UIDAI /regulatory guidelines to be followed from time to time. He/ she shall not use his or her login for Aadhaar enrollments/ updation requests outside the respective branch/ centre of respective Banks/ OCAC as the case may be./p>

2.

The Services/ facility to be offered to existing OCAC/banks customers/ new customers./p>

3.

The UIDAI/ Aadhaar Operator will arrange/ purchase the complete KIT as per UIDAI guidelines wherever applicable including internet connectivity for providing seamless and hassle free Aadhaar Enrollment / Update facility to citizen or customer. However, required infrastructure viz chairs, table, electricity points shall be provided by the Banks/OCAC.

4.

Daily reconciliation of all enrollments and updation report to be generated and submitted to the respective branch official/ designated person for reconciliation of amount collected during the day by the branch/ centre.

5.

Ensure the enrollment centre is synced with UIDAI on a regular basis and also to ensure that the enrollment packets are uploaded on the UIDAI portal on a regular basis in consultation with the supervisor.

6.

Sahaj/ Banks/OCAC/ UIDAI may conduct reviews/ meetings/ discussion with the UIDAI/ Aadhaar Operator at any point of time in 3 days advance intimation.

7.

The UIDAI/ Aadhaar Operator is required to handle any situation that requires immediate attention and handle exceptions at the enrolment centre itself and inform the Registrar subsequently.

8.

The UIDAI/ Aadhaar Operator shall provide operational support to Branch Personal/ designated person, thereby to ensure successful submission of data to UIDAI as per norms.

9.

The UIDAI/ Aadhaar Operator has to do all other activities which are necessary as directed by UIDAI and/or Banks and/or OCAC and/or Sahaj, relating to Aadhaar Enrolment and updation to citizen or customer.