Terms & Conditions

By accessing and browsing the Infibeam Avenues Limited (the 'Company/ BBPOU') website or by using and/or downloading any content from the site, you agree to and accept the Terms and Conditions as set forth below.

Scope of application:
This section shall govern the terms of use for Bill Presentment Service of Infibeam Avenues Limited ("BillAvenue"). As noted, Reserve Bank of India (RBI) has mandated implementation of Bharat BillPay (BBP) as an integrated bill payment system in the country which offers interoperable and accessible bill payment services with a single brand image through a network of agents as well as digital and online channels, enabling multiple payment modes and providing convenience of 'anytime anywhere' bill payment facility to customers and general public.

NPCI has been required by Reserve Bank of India to operate the Bharat BillPay as Bharat BillPay Central Unit (BBPCU) and to set necessary operational, technical and business standards for the entire BBP and its participants and also undertake clearing and settlement operations relating to transactions pertaining to different BBPOUs involved in bill payment transactions. The Bharat BillPay Operating Units (BBPOUs) are authorised by RBI to function as operational units under BBP to function in adherence to the Procedural Guidelines, Standards, circulars and notifications set by BBPCU. The BBPOUs are authorised to handle both ON-US bills, that is, bills in respect of which the relative biller and payment collecting agent or outlet or channel belong to the same BBPOU, and OFF-US bills, that is, bills where the relative biller and payment collecting agent or outlet or channel belong to separate BBPOUs. Clearing and settlement of OFF-US transactions pertaining to bill payments involving more than one BBPOU will be carried out by BBPCU in the settlement accounts of BBPOU with RBI.

INFIBEAM AVENUES LIMITED, being competent in all respect to become a BBPOU Member of BBP and to participate in related activities, and having been authorised as such by RBI has been admitted by BBPCU to BBP as a direct member in accordance with extant rules and procedures. The Services of the Company as BBPOU are governed by the Procedural Guidelines (http://www.npci.org.in/procedural-guidelines/bbp-procedural-guidelines) for BBP issued by BBPCU and all other rules and procedures as applicable and in existence or in force from time to time and any modification through any circular, order, direction, notice, instruction issued and in force from time to time by BBPCU or Reserve Bank of India. Both the Parties shall adhere to the Procedural Guidelines and standards set by BBPCU as amended from time to time to provide services under BBP.

The Company reserves the right at any time and from time to time, at its sole discretion, to modify or discontinue, temporarily or permanently, in part or in whole, the BBPOU services. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Your continued use of the service shall be deemed as an unconditional acceptance of these changes.

Terms and Conditions for Agent Institutions:

The Company as BBPOU will be enrolling various Agent Institutions. The Agent Institutions shall have entered into agreements with various Agents as defined in Procedural guidelines under which Agent institutions shall further on-board agents and/ or set up customer service points in various regions and locations. These appointed Agents shall be the customer touch points and service points, which will be available in the form of branch offices, collection centres and outlets. Agents shall accept bill payments through various modes. Agents may be on-boarded either directly by BBPOU or by Agent Institutions to offer BBP services. Agents on-boarded by Agent Institutions are also referred to as Sub-agents.

The BBPOU and the Agent Institution shall execute a separate legal agreement with each other. Under this agreement, the roles and obligations of the Agent Institutions shall be mentioned such as carrying out bill payment transactions of the customers, appointment of Agents, regulating and complying with requirements and obligations of BBP operated by NPCI. The Agent Institution shall represent that Agent Institution is competent in all respects to become an Agent Institution under BBPOU. The Agent Institution shall adhere to the Procedural Guidelines. All the terms defined or not defined in the present Terms shall bear the meaning as ascribed in the Procedural guidelines and standards set by BBPCU as amended from time to time to provide services under BBP.

  1. Agent Institution on-boarded by BBPOUs and Agents appointed by Agent Institutions shall have the following

    Roles and obligations:

    1. Agent Institution by appointing Agents shall provide customer touch points, where payment of bills issued by any biller who is a participant in the BBP will be accepted.
    2. Agent Institution will facilitate BBP registration by customers who opt to do so and also assist the registered customers to map billers to their registered id, as desired by the customer.
    3. Agent Institution shall ensure the availability of the required hardware, software, system, printers, scanners and other devices, connectivity, etc. as required to carry out business of bill payments under BBP.
    4. Agent Institution shall ensure that the Agent outlets shall make available a number of modes for making payment of bills.
    5. All procedural guidelines and standards of BBP shall be adhered to.
    6. Customer should be made aware about extra service charges / fees, if any, which customer may have to pay for bill payments. Such charges shall not exceed the maximum amount prescribed by BBPCU or BBPOU. Information about the charges, if any, payable by the customer shall be prominently displayed in the premises/website/location.
    7. Customer should be made aware about actual realization/ settlement cycle for the bills to be paid.
    8. The customer shall be given an instant confirmation of bill payments in accordance with the standards and procedural guidelines of BBP.
    9. A BBP logo or trademark will be prominently displayed at the collection points as per the guidelines laid down by BBPCU to identify agent's outlet as BBP enabled Service Point.
    10. All-important terms and conditions shall be displayed in clear and simple language (preferably in English, Hindi and the local language) comprehensible to the customers of various billers/users of the services offered by the agent. These disclosures will include:

      a) BBP Procedural Guidelines
      b) All charges and fees associated with the use of bill payment facility, and
      c) The customer service telephone numbers and website URL
      d) Details regarding complaints and grievance redressal mechanism and modalities including telephone numbers and website address.

  2. The Agent Institution shall adhere to the guidelines specified by BBP from time to time. The Legal technical specifications mentioned in these guidelines shall be strictly followed by the Agent Institution.
  3. The Agent Institution shall keep itself updated with the prevailing guidelines set and revised by BBP. Charges or Penalty arising due to failure on part of the Agent Institution to comply with the said guidelines shall be the sole liability of the Agent Institution.
  4. It shall be ensured that confidentiality and privacy standards are complied with diligently. Non-compliance by Agent Institution and Agents will invite stiff penalties. Customers' data collected in the course of bill payment or customer registration will not be used for other purposes without the consent of the customer or outside the framework prescribed by its BBPOU. Suitable "opt-out" option will be provided to customers in all such cases.
  5. It will be Agent Institutions' and Agents' responsibility to verify the accuracy of the data captured from the customer to ensure correct application of the payment.
  6. Agent Institutions will ensure that the Agents sensitively handle the customer in case of any dispute and grievance/s.
  7. If a customer wishes to lodge a complaint against any biller or about bill payment made by him anywhere in the BBP, he may do so at any Agent/ BBP outlet. The customer shall not be levied any charges for lodging a complaint in the BBP. Heavy penalties may be levied on Agent Institutions/Agents who deviate from the operating guidelines.
  8. Agent Institution and Agents may be terminated by BBPOU at the instance of BBPCU if customer dispute percentage exceeds certain defined threshold limit as fixed by BBPCU from time to time. Terminated Agent Institutions and Agents cannot become agent of any other BBPOU till BBPCU is satisfied with corrective actions put in place by the Agent Institution and Agent.
  9. Agent Institution and Agents shall comply with all requirements set by BBPCU existing and future with regard to and in connection with the appointment and continuance as Agent Institution and/or Agent under the BBP authorisation.
  10. Agent Institution and Agents shall comply with the system specifications and message formats as specified by BBPOU and upgrade systems and message formats based on regulatory requirements and/ or changes mandated by BBPOU in this regard from time to time.
  11. Agent Institution shall on-board Agent as per defined Procedural Guidelines for BBP, standards/ rules for BBP after carrying out due diligence and ensure their compliance to all BBP standards and guidelines issued from time to time.
  12. Agent Institution shall ensure safety and security of transactions, verification of biller information, and adherence to transaction flow standards / rules set by the BBPCU from time to time.
  13. In the event there is an error in the Agent Institution's connection with BBPOU/ or the BBPOU is unable to process the transactions for any other reason whatsoever, then the Agent Institution shall promptly notify BBPOU of the same.
  14. Agent Institution will inform BBPOU immediately of any inquiry, question or issue raised by any authority including but not limited to any statutory authority or official regarding and relating to Agent Institution, as well as expeditiously notify BBPOU of any show causes, seizure or similar action and provide copies of any notices, memos, correspondences received from such authority.
  15. Agent Institution shall maintain and preserve such information, records, books and documents pertaining to their own and their Agent's activities for such period as may be specified by the BBPOU from time to time and which shall be available for inspection and audit, as and when required either by BBPOU or BBPCU or Reserve Bank of India or other competent authorities. Further, Agent Institution shall submit periodic reports, statements, certificates and such other documents as may be required by the BBPCU and BBPOU.
  16. BBPCU and/or RBI / BBPOU shall be entitled to conduct audits on the Agent Institution and Agents whether by its internal or external auditors or by agents appointed to act on its behalf and Agent Institution shall comply with such audit requirement as may be framed for the purpose of such audit.
  17. Agent Institution shall ensure that the Agent Institution and Agent shall not compromise the integrity of BBP network or BBPCU's and BBPOU's systems or equipment and Agent Institution shall be solely responsible for ensuring that its Infrastructure and Machinery and Software required for the provisioning of the BBP and any other device integrated/connected with the BBPOU network shall be, at all times, free from all malware, viruses, black boxes, trapdoors etc. and Agent Institution shall ensure that BBPCU's network infrastructure is not made subject of any such subversive activity due to the provisioning of the Service.
  18. Agent Institution shall be obliged to allow and shall facilitate BBPOU and BBPCU to inspect and supervise and conduct test (VAPT, FRM etc.) on all computer systems, software programs, telecommunication equipment, VSAT etc. which are provided by Agent Institution at its data centre, offices, outlets, and agent locations, etc. Agent Institution shall submit to BBPOU a satisfactory system audit report of its systems and applications before commencement of full-fledged operations under BBP. Agent Institution shall not make or allow its Agents to make any alteration, modification and changes in their system, which is likely to have an adverse impact the functioning of BBP without prior written consent of the BBPOU and BBPCU.
  19. Save as expressly otherwise provided in writing, Agent Institution shall not hold itself out as an agent of BBPOU and/or Sponsor bank and shall not have any authority to act on behalf of BBPOU/ Sponsor bank to conclude any contract or incur any liability or obligation on behalf of or binding upon BBPOU/BBPCU/Sponsor bank or any other member or to sign any document on behalf of BBPOU/BBPCU/Sponsor bank. BBPOU/BBPCU / Sponsor bank shall not be bound by any declaration or undertaking given by Agent Institution to any authority on its own account.
  20. Agent Institution shall not disclose, reveal, publish and advertise any material and confidential information relating to operations, software, hardware, etc. of the BBPOU or BBPCU or BBP or any customer of its own or other participant without prior written consent of BBPCU authorities except and to the extent as may be required in the normal course of its business.
  21. Agent Institution shall forthwith inform BBPOU of any change in its constitution.
  22. Agent Institution shall neither have bilateral arrangements with another Agent Institution nor with any biller for aggregation of bill payments outside the BBP.
  23. Agent Institution shall furnish instant confirmation of payment made via a payment receipt/confirmation message. The receipt could be in physical or electronic form (SMS/ email etc.) or as stipulated in the guidelines from time to time.
  24. Agent Institution shall comply with all the instructions given by BBPOU related to the operations of Agent Institution. The operational guidelines and technical specification provided by BBPOU shall be complied by the Agent Institution from time to time.
  25. Any dispute related the commission if any charged by Agent Institution over any transaction to the customer as convenience fee shall not be referred to BBPOU, the Agent Institution shall not make BBPOU a party to settlement of dispute related to commission.
  26. The Agent Institution shall provide necessary documents related to his business filing status as required by BBPOU from time to time.
  27. Representations And Warranties:
    1. Agent Institution shall be solely responsible for appointing Agent for provision of BBP Services. However, Agent Institution shall not provide or offer to provide BBP Services to Agent outlets already registered with BBPOU.
    2. Agent Institution will not appoint Agents, which are specifically restricted by BBP and BBPCU.
    3. Agent Institution shall have complete control over Agents. BBPOU shall not be responsible for entertaining complaints / queries received from those Agents. Agent Institution shall act as the onepoint contact for all its appointed Agents and shall be solely responsible for any fraudulent acts or omissions of the Agents Agent Institution shall be responsible for settling third party disputes that arise out of processing BBP Services under these terms including disputes between Agent Institution and its Agents or the Customers.
    4. Agent Institution has full power and authority to enter into the subject arrangements and to take any action and execute any documents required by the terms hereof and use of BBPOUs' services by the Agent Institution has been duly authorized, duly and validly executed and delivered, and constitutes its legal, valid, and binding obligation, enforceable in accordance with the terms hereof; and the persons representing on behalf of the Agent institutions are duly empowered and authorized to perform all the obligations of the Agent Institutions in accordance with the terms herein; and
    5. Agent Institution has obtained all regulatory approvals / licenses to enter avail BBOU services as an Agent Institution. The Agent Institution shall bring to the notice of BBPOU any expiry, material modification, or suspension of any such approvals/ licenses or the initiation of any adverse action by the relevant authority concerned, that may prevent/ restrict it from honoring these obligations;
  28. Settlement: Any payment of fees and charges to BBPOU for providing services to Agent Institution under the BBP platform and the commission fees to be received by the Agent Institution shall be mutually agreed between the BBPOU and Agent Institution, strictly adhering to the Principal Guidelines.
  29. BBPOU shall not be responsible for any unauthorized transaction done by any person including third party and amounting to infringement of another's rights or any chargebacks claimed by the subscribers. It shall be the responsibility of Agent Institution to ensure due protection while the Agent is transacting online using BBP Services. The responsibility of any dispute, which may arise on account of any claims made by the Customers, shall be sole responsibility of Agent Institution, unless the loss is caused solely due to failure of BBPOU systems.
  30. In the event of any chargeback or refund or claim raised by Customer, Banks, Card Companies, or BBPCU against BBPOU due to any transaction processed through Agent Institution shall be the sole responsibility of the Agent Institution. Agent Institution shall be liable and responsible for any fraudulent activity any wilful or negligent commission or omission by any of the Agent, representative of Agent Institution or customer. Any penalty, charge levied on BBPOU by the BBP or Banks or Card Companies or any other statutory authority due to the omission or commission of any act of Agent Institution or Agent shall be borne and paid by the Agent Institution.
  31. The Parties hereto agree that any requests for Online Transactions processed by Agent of the Agent Institution as per the terms hereof which are subsequently disputed due to:
    1. The authorization by Agent Institution of a Transaction including any authorization in an amount in excess of the Agent Institution's account balance shall be the liability and responsibility of Agent Institution
    2. The authorization by Agent Institution of a fraudulent Transaction shall be the liability and responsibility of Agent Institution.
    3. The Agent Institution shall be solely responsible for the any Chargeback and any amount claimed by the Customer as Chargeback.
    4. Any and all issues regarding service fulfilment of the BBP Services shall be resolved by the respective Biller and such dispute and resolution thereof shall be the sole responsibility of Agent Institution. Agent Institution shall provide such information requested by BBPOU or the respective Biller to resolve such dispute on commercially reasonable basis and in accordance with the laws. Agent Institution further acknowledges and confirms the in case of any disputed transactions being on account of reasons attributable to Agent Institution, BBPOU shall hold such amounts as may be necessary on account of such disputes till such time that the disputes are settled.
  32. The process of on boarding, delisting, conversion of Agents shall be conducted as per the terms stated in Procedural Guidelines and Standards of BBP. Agent Institution at the time of on boarding, delisting, converting any Agent shall ensure adherence to the Procedural guideline, Standards and Rules of BBP. The operation of Agent Institutions and Agents shall be governed by the Procedural guideline, Standards and Rules of BBP.
  33. Confidentiality: Entire data and information shared under the present arrangements shall all time be kept confidential and secure by the Agent Institution. The Agent Institution shall not share the confidential Data received from BBPOU/ the Agents / the Customers with any third party without prior written consent of the BBPOU.
  34. Intellectual Property Rights: No interest whatsoever in BBPOU's Intellectual Property rights is granted to the Agent Institution. The use of any Intellectual Property right vested in Agent Institution by BBPOU shall be strictly in terms of the Agreement executed between the Agent Institution and BBPOU. The Agent Institution shall not license, sell, publish, disclose, display or otherwise make available the Intellectual Property of BBPOU to any person or entity except as provided by the BBPOU in writing. All software including all translation, modification, adaptation or derivation of the same provided or created by BBPOU and all systems and data-bases provided hereunder by BBPOU to Agent Institution in connection with the BBP Services, and all new modules or services, copies, enhancements, improvements, new versions or updates associated therewith (collectively, the "BBPOU Products"), are BBPOU's exclusive property and all right, title and interest therein remains in BBPOU. All software programs and documentation with respect to BBPOU Products are copyrighted and/or patented by BBPOU.
  35. Agent Institution shall not to sub-license, license, rent, sell, loan, give or otherwise distribute all or any part of the Intellectual Property Products of BBPOU to any third party.
  36. PUBLICITY: Agent Institution shall not make any public announcements or press release in relation to the subject matter of the present arrangements, or its existence without the prior written consent of BBPOU.
  37. Liability :
    1. BBPOU shall not be responsible for any losses sustained through (i) the use of counterfeit or stolen cards, or stolen devices and (ii) fraudulent electronic transactions. It shall be at the sole discretion of the BBPOU to reverse any transaction and shall be subject to approval of the Billers.
    2. BBPOU shall not be held responsible or liable for any compliance of KYC/AML guidelines by Agent Institutes
    3. Should any proceedings be undertaken which may give rise to a BBPOU liability under these terms , Agent Institution shall provide BBPOU with prompt notice and an opportunity to participate in any such proceedings to represent its interest appropriately.
    4. Any liability arising from the provision of BBP, solely attributable to Agent Institutes pursuant to these terms shall be borne solely and exclusively by Agent Institutes.
    5. Agent Institution agrees to and shall without objection at all times, keep BBPOU and BBP indemnified, saved and harmless from and against all demands, claims, actions suits and proceedings which may be threatened or made or brought against BBPOU, and also against all losses, outgoings, damages, costs, charges and expenses, which BBPOU may suffer or incur or be put to by reason or in consequence thereof or in connection therewith, including reasonable legal costs and expenses and lawyers' fees incurred by BBPOU in connection with any claim or legal notice or legal or quasi-legal proceedings to which BBPOU may be required to become party or to which BBPOU may be subjected by any person including any authority constituted under the laws of any state of India or the laws of the Union of India or the laws of any other jurisdiction, by reason of breach of any of the provisions of these terms by Agent Institution or for failure of Agent Institution or its Agents to obtain any required statutory or regulatory approval with respect to any of the provisions hereof.
    6. Any loss arising out of any fraudulent electronic transactions shall be the sole responsibility of Agent Institution.
  38. Termination : Agent Institution shall cease to be a member of BBPOU in any of the following events:
    1. If its license is cancelled by Govt. authorities or Regulators.
    2. If it is unable to carry on business as Agent Institution because of restrictions or restraints imposed by a judicial authority or Government.
    3. In case of failure to adhere to Anti Money Laundering (AML) guidelines, wherever applicable.
    4. In case of insolvency or bankruptcy of the Agent Institution.
    5. If it does not continue to wholly conform to the qualification criteria as per RBI/BBP guidelines.
    6. In case of breach of regulatory guidelines and applicable laws.
    7. Breach of material terms and conditions of any agreement or these terms, guidelines or any other act, which may be detrimental to BBP.
    8. Default in meeting the settlement obligation.
    9. If customer disputes exceed certain thresholds, as fixed in consultation with regulator from time to time, and repeated warnings issued by the BBPCU and BBPOU.

      If the BBPOU is of the opinion that the breach is not curable or continuation of the Agent Institution in the BBP is not desirable or its continuance as a member poses a grave systemic risk, BBPOU may suspend the membership with immediate effect. The BBPOU may at any time revoke the order of suspension of membership, if it is satisfied, either on its own motion or on considering the representation of the Agent Institution, that the revocation is justified. In case the membership of an entity participating as Agent Institution is suspended or terminated, Agent Institution will take action as necessary to deal with outstanding disputes, if any, against the suspended/ terminated entity.

      Consequences of Termination:
      In the event of termination for any reason whatsoever
    10. All rights and obligations incurred under the present terms and any agreement shall cease.
    11. Termination shall not affect any accrued rights or obligations of the parties.
    12. All obligations incurred prior to the termination shall be discharged forthwith.
    13. Membership fees will not be refunded in the event of termination.
    14. Upon withdrawal or suspension or termination from the BBP, the respective Agent Institution and/or Agent should stop using the BBPOU and BBP name, logo, and trademark. Further, the same should be removed from all locations of display with effect from the date of termination.
  39. Dispute Resolution: The parties shall endeavour to settle amicably by mutual discussion any disputes, differences or claims whatsoever related to these terms or any agreement between BBPOU and the Agent Institution, which do not fall within the purview of Payment and settlement Systems Act, 2007. Failing such amicable settlement within thirty (30) days of the dispute arising thereof, the dispute shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 or any amendment thereof. The Dispute Resolution process shall be mentioned in the agreement between the BBPOU and the Agent Institution.
  40. Severability. In the event any one or more of the provisions of these terms shall for any reason be held to be invalid or unenforceable, the remaining provisions of these terms shall be unaffected, and upon mutual of the Parties the invalid unenforceable provision shall be replaced by a provision which, being valid and enforce comes as close as lawfully possible to the intention of the Parties underlying the invalid or unenforceable provisions.
  41. No Joint Venture: These terms are not intended create a joint venture, pooling arrangement, partnership, agency or formal business organization of any kind. BBPOU and Agent Institution shall be independent contractors with each other for all purposes at all times and neither party shall act as or hold itself out as agent signed by the principal, nor shall either Party create or attempt to create liabilities for the other Party.
  42. Governing Law. These terms shall be governed by and construed in accordance with the laws of India, without regard to conflicts of law provisions and, subject to the arbitration provision in these terms, the exclusive jurisdiction of competent courts in Mumbai, India.

Terms and Conditions for Billers:

The Biller and the Company shall execute conclusive agreement regarding the operations and roles- responsibilities of the Biller and the Company. The Biller shall appoint the Company, on a non-exclusive, principal-to-principal basis for providing services for collection of payments made by the Biller's Customers against the Billers' utility bills. The Company shall provide comprehensive payment facilities as BBPOU that will enable the Biller's Customers or other parties to make payments to the Biller through various payment modes (Payment Modes) as listed below:

  1. Electronic Bill Presentment and payment facility : This facility enables the Biller's Customers to view bills and/or make payment to the Biller using either any electronic payment mode including but not limited to Internet/ ATM/ mobile/ KIOSK(s)/ POS Machines / any other device.
  2. Cash Payment Facility: shall refer to such bill presentment and Payment facility of The Company that will enable the Biller's Customers to make payment to Biller in cash.

The Payment Modes will be offered and activated or deactivated for the Biller as per the Company's' internal policy. Addition of any new payment mode in future shall be intimated to the Biller by the Company, upon written confirmation of the Biller only will the new payment mode be activated for the Biller.

  1. OBLIGATIONS OF THE BILLER:
    1. To specify / demarcate to The Company the Authentication information, which has to be obtained by the Company from the Biller's Customers who wish to avail BBPOU Facility.
    2. To notify the Company within reasonable time frame the acceptance or rejection of each request for activation of the BBPOU facilities by the Billers customers. Any rejection has to be accompanied by the reasons for such rejections to enable the Company to communicate the same with Billers Customers.
    3. To sign and execute necessary documents with the Bank and /or the reserve Bank of India or the BBP as may be required to implement or facilitate the provision of the BBPOU facilities by the Company to Biller.
    4. To ensure that the billing and payments information / data provided by the Biller to the Company in respect of the Billers Customers is provided in time is complete, accurate and in accordance with the Biller's business relationship with Billers' Customers.
    5. To update the Biller's Customer account on a real time basis on receipt of payment success message received from the Company. Biller shall credit the Biller's Customer account on the same day when Biller's Customer pays the bill
    6. To reconcile the funds remitted by the Company on a daily/regular basis To ensure that the billing and payments information / data provided by the Company to Biller is posted to the Biller's Customers account correctly , accurately timely.
    7. To notify the Company within reasonable time of any changes in the account information of the Biller's Customers to enable the Company to update its records and provide BBPOU Facilities
    8. To forthwith inform the Company about the Biller's Customers in respect of whom Biller decides to deactivate.
    9. In the event of any dispute or refund claim the Biller shall (i) accept the claim without demure or protest , dispute or delay (ii)reserve the credit from such Biller's Customer account, (iii) immediately refund in full such amount to the Company. In the event of any delay or incorrect posting by the Biller, the Biller shall resolve and correct the same at the earliest.
  2. The Company shall be responsible for only facilitations which are requested and authorized by the Company and the Company shall not be responsible for any unauthorized transaction done by any person including third party and amounting to infringement of another's rights or any claimed by the Billers' Customers. It will be the responsibility of the Biller to ensure due protection while debiting or crediting the Biller's Customer account. The responsibility of any dispute, which may arise on account of any claims made by the Biller's Customer, shall be sole responsibility of Biller, unless the loss is caused solely due to failure of BBPOU facility.
  3. In the event of any dispute, refund, or claim raised by Customer against the Company due to any transaction processed through BBPOU facility shall be the sole responsibility of the Biller. Any penalty, charge levied on the Company by the BBP or Banks or any other statutory authority due to the omission or commission of any act of Biller shall be borne and paid by the Biller.
  4. In case of any disputed transactions being on account of reasons attributable to the Biller, the Company shall instruct the Bank to hold and/or settle such amounts as may be necessary on account of such disputes till the disputes are settled.
  5. Biller has full power and authority to enter into the subject arrangements and to take any action and execute any documents required by the terms hereof and use of BBPOUs' services by the Biller has been duly authorized, duly and validly executed and delivered, and constitutes its legal, valid, and binding obligation, enforceable in accordance with the terms hereof; and the persons representing on behalf of the Agent institutions are duly empowered and authorized to perform all the obligations of the Agent Institutions in accordance with the terms herein; and
  6. Biller has obtained all regulatory approvals / licenses to enter avail BBOU services as a Biller. The Biller shall bring to the notice of BBPOU any expiry, material modification, or suspension of any such approvals/ licenses or the initiation of any adverse action by the relevant authority concerned, that may prevent/ restrict it from honouring these obligations
  7. Any liability arising from the provision of BBP, solely attributable to Biller pursuant to this Agreement shall be borne solely and exclusively by Biller.
  8. Biller agrees to and shall without objection at all times, keep the Company and BBP indemnified, saved and harmless from and against all demands, claims, actions suits and proceedings which may be threatened or made or brought against the Company, and also against all losses, outgoings, damages, costs, charges and expenses, which the Company may suffer or incur or be put to by reason or in consequence thereof or in connection therewith, including reasonable legal costs and expenses and lawyers' fees incurred by the Company in connection with any claim or legal notice or legal or quasi-legal proceedings to which the Company may be required to become party or to which the Company may be subjected by any person including any authority constituted under the laws of any state of India or the laws of the Union of India or the laws of any other jurisdiction, by reason of breach of any of the provisions of this Agreement by Biller or for failure of Biller or its agents to obtain any required statutory or regulatory approval with respect to any of the provisions hereof.
  9. Any loss arising out of any fraudulent electronic transactions shall be the sole responsibility of Biller.
  10. Biller has full power and authority to enter into the subject arrangements and to take any action and execute any documents required by the terms hereof and use of BBPOUs' services by the Biller has been duly authorized, duly and validly executed and delivered, and constitutes its legal, valid, and binding obligation, enforceable in accordance with the terms hereof; and the persons representing on behalf of the Agent institutions are duly empowered and authorized to perform all the obligations of the Agent Institutions in accordance with the terms herein; and
  11. Biller has obtained all regulatory approvals / licenses to enter avail BBOU services as a Biller. The Biller shall bring to the notice of BBPOU any expiry, material modification, or suspension of any such approvals/ licenses or the initiation of any adverse action by the relevant authority concerned, that may prevent/ restrict it from honoring these obligations
  12. Settlement: Any payment of fees and charges to the Company for providing services to the Biller under the BBP platform and the commission fees to be received by the Biller shall be mutually agreed between the Company and the Biller, strictly adhering to the Principal Guidelines.
  13. The Company shall not be responsible for any unauthorized transaction done by any person including third party and amounting to infringement of another's rights or any chargebacks claimed by the subscribers. The responsibility of any dispute, which may arise on account of any claims made by the Customers, shall be sole responsibility of the Biller, unless the loss is caused solely due to failure of the Company systems.
  14. In the event of any chargeback, refund, or claim raised by Customer or Banks or Card Companies or BBPCU against the Company due to any transaction processed through the Biller shall be the sole responsibility of the Biller. The Biller shall be liable and responsible for any fraudulent activity any wilful or negligent commission or omission by any of the Biller, representative of the Biller or customer. Any penalty, charge levied on the Company by the BBP or Banks or Card Companies or any other statutory authority due to the omission or commission of any act of the Biller shall be borne and paid by the Biller .
  15. The Parties hereto agree that any requests for Online Transactions processed by the Biller as per the terms hereof which are subsequently disputed due to:
    1. The authorization by the Biller of a Transaction including any authorization in an amount in excess of the Biller's account balance shall be the liability and responsibility of the Biller.
    2. The authorization by the Biller of a fraudulent Transaction shall be the liability and responsibility of the Biller.
    3. The Biller shall be solely responsible for the any Chargeback and any amount claimed by the Customer as Chargeback.
    4. Any and all issues regarding service fulfilment of the BBP Services shall be resolved by the respective Biller and such dispute and resolution thereof shall be the sole responsibility of the Biller. The Biller shall provide such information requested by the Company or the respective Biller to resolve such dispute on commercially reasonable basis and in accordance with the laws. The Biller further acknowledges and confirms the in case of any disputed transactions being on account of reasons attributable to the Biller, the company shall hold such amounts as may be necessary on account of such disputes till such time that the disputes are settled.
  16. The process of on boarding, delisting, conversion of the Biller shall be conducted as per the terms stated in Procedural Guidelines and Standards of BBP. The Biller at the time of on boarding, delisting, converting any Biller shall ensure adherence to the Procedural guideline, Standards and Rules of BBP. The operation of the Biller s shall be governed by the Procedural guideline, Standards and Rules of BBP.
  17. Confidentiality: Entire data and information shared under the present arrangements shall all time be kept confidential and secure by the Biller. The Biller shall not share the confidential Data received from the Company/ the Agent Institutions / the Customers with any third party without prior written consent of the Company.
  18. Intellectual Property Rights: No interest whatsoever in the Company's Intellectual Property rights is granted to the Biller. The use of any Intellectual Property right vested in the Biller by the Company shall be strictly in terms of the Agreement executed between the Biller and the Company. The Biller shall not license, sell, publish, disclose, display or otherwise make available the Intellectual Property of the Company to any person or entity except as provided by the Company in writing. All software including all translation, modification, adaptation or derivation of the same provided or created by the Company and all systems and data-bases provided hereunder by the Company to the Biller in connection with the BBP Services, and all new modules or services, copies, enhancements, improvements, new versions or updates associated therewith (collectively, the "the Company Products"), are the Company's exclusive property and all right, title and interest therein remains in the Company. All software programs and documentation with respect to the Company Products are copyrighted and/or patented by the Company.
  19. The Biller shall not to sub-license, license, rent, sell, loan, give or otherwise distribute all or any part of the Intellectual Property Products of the Company to any third party.
  20. PUBLICITY: The Biller shall not make any public announcements or press release in relation to the subject matter of the present arrangements, or its existence without the prior written consent of the Company.
  21. Liability :
    1. The Company shall not be responsible for any losses sustained through (i) the use of counterfeit or stolen cards, or stolen devices and (ii) fraudulent electronic transactions. It shall be at the sole discretion of the Company to reverse any transaction and shall be subject to approval of the Billers.
    2. The Company shall not be held responsible or liable for any compliance of KYC/AML guidelines by the Biller.
    3. Should any proceedings be undertaken which may give rise to a liability under these terms, the Biller shall provide the Company with prompt notice and an opportunity to participate in any such proceedings to represent its interest appropriately.
    4. Any liability arising from the provision of BBP, solely attributable to the Biller pursuant to these terms shall be borne solely and exclusively by the Biller.
    5. The Biller agrees to and shall without objection at all times, keep the Company and BBP indemnified, saved and harmless from and against all demands, claims, actions suits and proceedings which may be threatened or made or brought against the Company, and also against all losses, outgoings, damages, costs, charges and expenses, which the Company may suffer or incur or be put to by reason or in consequence thereof or in connection therewith, including reasonable legal costs and expenses and lawyers' fees incurred by the Company in connection with any claim or legal notice or legal or quasi-legal proceedings to which the Company may be required to become party or to which the Company may be subjected by any person including any authority constituted under the laws of any state of India or the laws of the Union of India or the laws of any other jurisdiction, by reason of breach of any of the provisions of these terms by The Biller or for failure of the Biller to obtain any required statutory or regulatory approval with respect to any of the provisions hereof.
    6. Any loss arising out of any fraudulent electronic transactions shall be the sole responsibility of the Biller.
  22. Termination : The Biller shall cease to be a member of the Company in any of the following events:
    1. If its license is cancelled by Govt. authorities or Regulators.
    2. If it is unable to carry on business as the Biller because of restrictions or restraints imposed by a judicial authority or Government.
    3. In case of failure to adhere to Anti Money Laundering (AML) guidelines, wherever applicable.
    4. In case of insolvency or bankruptcy of the Biller.
    5. If it does not continue to wholly conform to the qualification criteria as per RBI/BBP guidelines.
    6. In case of breach of regulatory guidelines and applicable laws.
    7. Breach of material terms and conditions of any agreement or these terms, guidelines or any other act, which may be detrimental to BBP.
    8. Default in meeting the settlement obligation.
    9. If customer disputes exceed certain thresholds, as fixed in consultation with regulator from time to time, and repeated warnings issued by the BBPCU and the Company.

      If the Company is of the opinion that the breach is not curable or continuation of the Biller in the BBP is not desirable or its continuance as a member poses a grave systemic risk, the Company may suspend the membership with immediate effect. The Company may at any time revoke the order of suspension of membership, if it is satisfied, either on its own motion or on considering the representation of the Biller, that the revocation is justified. In case the membership of an entity participating as the Biller is suspended or terminated, the Biller will take action as necessary to deal with outstanding disputes, if any, against the suspended/ terminated entity.

      Consequences of Termination:
      In the event of termination for any reason whatsoeverx.

    10. All rights and obligations incurred under the present terms and any agreement shall cease.
    11. Termination shall not affect any accrued rights or obligations of the parties.
    12. All obligations incurred prior to the termination shall be discharged forthwith.
    13. Membership fees will not be refunded in the event of termination.
    14. Upon withdrawal or suspension or termination from the BBP, the respective the Biller should stop using the Company and BBP name, logo, and trademark. Further, the same should be removed from all locations of display with effect from the date of termination.
  23. Dispute Resolution: The parties shall endeavour to settle amicably by mutual discussion any disputes, differences or claims whatsoever related to these terms or any agreement between the Company and the Biller, which do not fall within the purview of Payment and settlement Systems Act, 2007. Failing such amicable settlement within thirty (30) days of the dispute arising thereof, the dispute shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 or any amendment thereof. The Dispute Resolution process shall be mentioned in the agreement between the Company and the Biller.
  24. Severability: In the event any one or more of the provisions of these terms shall for any reason be held to be invalid or unenforceable, the remaining provisions of these terms shall be unaffected, and upon mutual of the Parties the invalid unenforceable provision shall be replaced by a provision which, being valid and enforce comes as close as lawfully possible to the intention of the Parties underlying the invalid or unenforceable provisions.
  25. No Joint Venture: These terms are not intended create a joint venture, pooling arrangement, partnership, agency or formal business organization of any kind. The Company and the Biller shall be independent contractors with each other for all purposes at all times and neither party shall act as or hold itself out as agent signed by the principal, nor shall either Party create or attempt to create liabilities for the other Party.
  26. Governing Law: These terms shall be governed by and construed in accordance with the laws of India, without regard to conflicts of law provisions and, subject to the arbitration provision in these terms, the exclusive jurisdiction of competent courts in Mumbai, India.