For Office Use
Signature/s and Contact detail/s of Authorized Signatories/Users given in application are Valid/Verified. Account Mode of
Operation in Partnership deed/ Trust deed/ Articles of association, etc. verified
and no contradictions found in the Resolution/Mandate submitted with this application form. I/We hereby confirm that the above account is one in which full formalities relating to KYC and AML
guidelines are complied with and there is no adverse comment about the account in KYC audit and all accounts mentioned above are operated by the same Authorized Signatory (ies), Any change
in mode of operation / Authorized Signatory (ies) will be intimated to the HO with proper documents in time.
I have personally visited the premises at which the digital facilities are proposed to
be installed and have found them satisfactory. The merchant premises have the potential appearance to attract card holders and appear to be capable of the projected business through POS
terminals/UPI POS. Local enquires have not revealed any adverse feature pertaining to the reputation of the merchant. I have adhered to /will adhere to all the instructions and guidelines
mentioned in the Bank’s POS merchant Acquiring Policy.
Branch Head Signature with Seal
4.4. FEES AND COSTS
4.4.1 The Merchant/ Corporate shall bear and pay cost, charges, taxes as per applicable State rules.
4.5. CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY
4.5.1. All software, program code, intellectual property, any other hardware or software or
information security token, username, password, information technology component etc provided
by the Bank will be sole property of the Bank and the Corporate will not have any right over it
except for use with permission of the Bank.
4.5.2. All information, data, procedures, documents, protocols etc exchanged between the Bank
and the Corporate should not be divulged, passed on, given or handed over to a third-party without
mutual consent.
4.5.3. The Corporate hereby represents that it has implemented technical and organizational
security measures of such standard as prescribed under any applicable laws, regulations, rules etc
in force, to protect the Confidential Information, if any shared by the Bank under this Terms and
Conditions. The Corporate shall protect the confidential information from accidental or unlawful
destruction or accidental loss, alteration, unauthorized disclosure or access and against all other
unlawful forms of Processing.
4.5.4. Upon the request of Bank or upon termination or expiry of this Terms and Conditions,
the Corporate shall promptly (a) return to the Bank or, if so directed by the Bank, destroy all tangible
embodiments of the Confidential Information (in every form and medium), (b) permanently erase
all electronic files containing or summarizing any Confidential Information, and (c) certify in
writing, the compliance of the foregoing obligations.
Any hardware device, token, equipment or item given by the Bank to the Corporate is sole property
of the Bank and is returnable to the Bank upon demand or if the Terms and Conditions or
arrangement between the Bank and the Corporate is terminated for any reason. If there are costs
associated with these items it has to be compensated to the Bank by the Corporate on mutually
agreeable basis. Any loss of hardware token will be compensated by the Corporate to the Bank as
per demand of the Bank.
4.5.5 INTELLECTUAL PROPERTY
Merchant/ Corporate recognizes and acknowledges the exclusive rights, title and proprietary interest
in the intellectual property of the Bank and ownership of the various respective trademarks, service
marks, logos and/or any other intellectual property of the Bank and shall not claim any rights, title
or interest in them. Nothing in this Terms and Conditions shall be deemed in any way to constitute
a transfer or assignment of any intellectual property of the Bank to Merchant/ Corporate.
Merchants/Corporates agree not to use the Bank’s name, trademarks, service marks, logos or any
other intellectual property assets in any manner whatsoever, except to such limited extent as may
be specifically agreed to and in the manner so authorized by the Bank in writing.
4.6. ADDITIONAL LIABILITY TO THE ACCOUNT OF THE CORPORATE
Any additional liability to the Bank on any account whatsoever, including any additional statutory
levies by way of taxes, stamp duties etc. including penalties, fines etc. thereof, which the Bank
shall be liable to pay on account of the Facilities shall be charged to the account of the Corporate.
4.7. INDEMNITY
a. The Merchant shall indemnify and keep harmless and indemnified SIB, its affiliates, subsidiaries,
successors, assigns for any claims, demands, actions, suits, proceedings, liabilities, losses, expenses,
costs, penalty, legal fees or damages of any kind, including attorney's fees and costs of litigation,
arising from claims of a third party (including claims, assertions and investigations of a
governmental agency, NPCI/ regulators), which claims arise in whole or part from, and/ or asserted
against the Bank on account of:
1. Any acts or commissions or omissions by the Merchant in connection with the sale of Products/
Services (by the Merchant) and/or providing the services;
2. Any act or commission or omission on the part of Merchant in the performance of terms and
conditions.
3. the negligence or wilful misconduct of Merchant or its employees or agents;
4. a breach of an obligation of Merchant to SIB under these terms; or
5. Any loss, penalty or liability, etc. arising to SIB from the Merchant's use of the Facility.
6. Any disputes raised by the customer or authorizing bank or third party on products or services or
transactions and/or and any litigation, suit or complaint filed for any reason whatsoever.
7. Use/disclosure of Customer’s details/information by the Merchant, in respect of any transaction
initiated/authorized by the Customer.
8. Bank allowing Digital banking facility like online bill payment/E-commerce to be executed and
completed by single user even in accounts which are under mandate of joint operation.
9. Unauthorized transaction carried out through Digital Banking facility connected or integrated with
software solutions /computer system of customer.
10. Unauthorised use of credentials (user id &password) shared to the registered Email ID/ mobile
number of the authorized signatory/ user/ customer for the usage of digital banking facility.
SIB will be entitled to have full conduct of all proceedings and negotiations relating to any such claim
and in its discretion to accept, dispute, compromise or otherwise deal with the same and shall be under
no liability in respect thereof to the Merchant and the Merchant will provide any assistance in
connection with any such claim that the Bank may require. Notwithstanding whatever is mentioned
herein the merchant agrees that pursuant to any disputes or claim if SIB is made to refund the amount
being the transaction effected by the merchant and the customer, SIB shall, at its sole discretion, have
the authority and be entitled to debit from Merchant Account and or claim the said amount from the
merchant pending any disputes. In such an event the merchant
shall forthwith pay the amount without any dispute and/or demur.
b. Merchant/ Corporate agrees to defend, indemnify, and save harmless the bank and its officers and
directors, employees, agents, and representatives from any and against all losses, claims, costs,
liabilities, or expenses incurred, whether based in claims of tort or contract (including court costs
and attorney fees) or sustained by the latter due to the formers’ negligence, fraud, gross
misrepresentation, or breach of confidentiality.
b. This indemnity provision shall survive the termination of the service provided by bank
c. Notwithstanding anything contained herein, Bank shall not, in any event, regardless of the form of
claim, be liable for any indirect, special, punitive, speculative, exemplary, consequential or
incidental damages (including, without limitation, loss of revenue, profits, business), irrespective
of whether it had an advance notice of the possibility of any such damages under this Terms and
Conditions.
d. It shall be the sole responsibility of the Corporate to ensure that all user name and passwords (user
credentials) as may be shared by the bank are kept confidential and not revealed/ disclosed to any
third party including any person claiming to represent the Bank, or its agents and shall take all
possible care to prevent discovery of the user name or password by any person. Such transmission
methods involve the risk of possible unauthorized alteration of data, unauthorized usage therefore
for whatever purposes and/ or virus attacks and are susceptible to a number of frauds, misuse,
hacking, malicious, destructive or corrupting code, programme or macro which could affect the
online facility for such utilization. This could result in delays in the processing of such requests and
the bank shall not be liable for the same. The Corporate shall exempt the bank from any and all
responsibility/ liability of such misuse or virus attacks/ transmission to the Corporate’s system and
shall not hold the bank responsible / liable therefor. In no event shall the bank be liable for any
Losses due to loss or improper or unauthorized use of the passwords, login information, data,
onetime passwords etc. on the online platform and the Corporate shall be solely responsible for the
same.
4.8. GOVERNING TERMS AND CONDITIONS
The Corporate declares and confirms that the Products/ services provided to the Corporate under this
Application form shall be governed by the terms and conditions as set out herein. . The Terms and
Conditions thereof shall be deemed to form part of this Application Form and shall be read as if
they are specifically incorporated herein and to the extent of any inconsistency or repugnancy, the
contents of this Terms and Conditions shall prevail. For all intents and purposes. The Merchant/
Corporate confirms having accessed the specific Terms and Conditions and/ or having
downloaded/received a copy of the Terms and Conditions and confirms having read in full and
understood the Terms and Conditions of such specific services offered by the Bank. The Merchant
/ Corporate specifically agrees to the General Terms and Conditions set out therein, as is/are
applicable to the facility/ies granted/ being granted to the Merchant/ Corporate.
4.9. TERM OF THE AGREEMENT
The Bank may at any time terminate the services by serving notice to the Merchant/ Corporate, if the
Merchant/ Corporate commits a breach of this Terms and Conditions or if it is an inactive as per
Banks evaluating criteria. The Bank may suspend or cancel the facility granted to the Corporate, if
at any time continuance of such facility becomes unlawful or contrary to the instructions or
directives issued by the Reserve Bank of India or Government of India or it’s agency subject to
notifying Corporate with the same. In such an event the Bank shall not be under any obligation to
substantiate its judgment nor shall the Bank be under any obligation to indemnify the Corporate
from any damages, loss or consequences whatsoever which may arise as a result of the Bank’s
decision to suspend or hold in abeyance the facility granted by the Bank.
4.10. RIGHT TO AUDIT
The Corporate shall allow the Bank to periodically audit, with reasonable prior notice, and conduct
system testing to ensure adherences to the guidelines, notifications, circulars, master directions,
etc. issued by the RBI in relation to the Digital Products/ Services provided to the Merchant /
Corporate as requested in this application , in accordance with scope mutually agreed between the
Parties.
4.11. GOVERNING LAW & JURISDICTION:
I. In the event of any dispute arising out of or in connection with this application and its Terms and
Conditions, the Parties will attempt in good faith to resolve such dispute through negotiations
between them. Where the Parties are unable to resolve a dispute by means of negotiation, the
Parties hereby agree to refer such dispute to Arbitration conducted in accordance with the
Arbitration and Conciliation Act, 1996 (as amended from time to time). Such disputes will be
resolved by an arbitrator mutually appointed by both the Parties.
II. This Terms and Conditions shall be governed by and construed in accordance with the laws of
India and shall be subject to the exclusive jurisdiction of the Courts in Thrissur.
III. The General Terms and Conditions for each digital product/ services are provided in Application
form under the respective product heads, which have been read and understood by the
Merchants/Corporates hereto and shall be deemed to be part and parcel of this Terms and
Conditions and are deemed to have been incorporated herein by reference. For evidence purposes
in any court of law or arbitration or before any authority, any paper printouts produced by the
Bank from its electronic records shall be final and binding on the Merchant/ Corporate and the
Merchant/ Corporate hereby waives any objection it may have for the same being produced by the
Bank as proof and in such evidence. The Merchant hereby agrees to be bound by the terms and
conditions of the digital product/services opted by him/them. .
INTENDING TO BE BOUND the customer. The Merchant/Corporate have signed this Terms
and Conditions, by their authorized representatives. I/We accept the above terms and conditions.
Authorised Signatories name and Designation
Seal And Signature of Authorised signatories